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Home My WebLink AboutMINUTES - 08032006 - C.56 TO: BOARD OF SUPERVISORS F.,.- -'� CONTRA FROM: Lori Gentles, Assistant County Administrator- Director of Human Resources y. :ie:, j COSTA ,4 DATE: August 3, 2006 COUNTY�°°'"_'�" , rq cU Nr� SUBJECT: Memorandum of Understanding Side Letters with the California NursesAssociation for October 1, 2005 through January 31, 2008 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the attached Resolution No. 2006/ J 1M approving the Memorandum of Understanding Side Letters between Contra Costa County and the California Nurses Association implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2005 through January 31, 2008. CONTINUED ON ATTACHMENT: X YES SIGNATURE:Lori Gentles,Director of Human Resources _/-RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _APPROVE ,OTHER SIGNATURE(S).- ACTION IGNATURES :ACTION OF BAR ONTQ.00(o APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ABSENT hOY ' ) COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: I MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. A` Orig. Dept: Human Resources Department ATTESTED kuAA4 P; r _gwa,��1ep cc: County Administrator JOHN B.CVJLLEN,CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller Health Services California Nurses Association BY 5l sew ,DEPUTY M382(10/88) t I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Order on by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia / NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/ cj la Understanding Side (Letters with the ) California Nurses Association } BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) Side Letters (copy attached and included as part of this document) between Contra Costa County and the California Nurses Association — jointly signed by Lori Gentles, Assistant) County Administrator-Director of Human Resources, and Barbara Lambarida, Labor Representative, California Nurses Association Labor Representative — implementing negotiated wage agreements and other economic terms and conditions beginning October 1, 2005 through January 31, 2008 for those classifications represented by that employee organization. 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. Orig.Dept: Human Resources Department �M,`vq cc: County Administrator ATTESTED `J( 1 � County Counsel JOHN S.CUL N,CLERK OF THE$OARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Health Services California Nurses Association BY L DEPUTY RESOLUTION NO. 2006/ I Side Letter Attachment Index A Acuity Based Staffing(revised 10-01-06) B Permanent Intermitten and Part-Time RN's and FNP's C Detention RN Advanced Level Pay Proposal D Agreements Reached During 1995/96 Negotiations E Mandatory Overtime Policy for Contra Costa Regional Medical Center In-Patient RN's F Letter of Understanding-Mandatory Overtime for Contra Costa Detention Facilities G Clinical Ladder H Medical Center On-Call Review I Time Sheet Modification J Quarterly Meetings with County Administrator K Holiday Reopener L Counseling Memos M Establishment of Weekend Only Schedules N Return to Work Policy O Lump Sum Payment Agreement c --ATTACHMENT A October 1, 2005 Dan Lawson Labor Representative California Nurses Association 2000 Franklin Street Oakland, CA 94612 RE: ACUITY BASED STAFFING Dear Mr. Lawson: This is to confirm agreement reached ached regarding acuity based staffing. Contra Costa Regional Medical Center will continue its current practice of staffing based on an acuity system, in conformance with accreditation and licensure requirements of JCAHO and Title XXIi. A staffing manual describing the acuity system will be maintained on each nursing unit and in nursing administration. A joint committee will be convened for the purpose of establishing an annual review module of the patient classification system. The committee shall be composed of equal numbers of labor and management designated representatives who have been assigned responsibility for acuity and staffing decisions. The Charge Nurse for each unit/shift or designee will serve as the expert resource to other staff on issues relating to the acuity system. Problems or concerns about the acuity system should be referred to the Professional Performance Committee (PPC), as provided for in Section 35. The Director of Nursing or designee will meet with the PPC upon request at a mutually agreeable time to discuss issues related to patient care and nursing practice. Hours of the charge nurses that are not available for patient care shall not be counted in the hours per patient shift. r r r Dan Lawson RE: ACUITY BASED STAFFING October 1, 2005 Page 2 If this confirms to your understanding, please'indicate your agreement by signing in the space provided below. Sincerely, Shelley Pighin HSD Personnel Officer Confirmed Dan Dawson Date Labor Representative, CNA _ s f ATTACHMENT B Wit IIAKI B. wAIKiP. M. D. PERSONNEL SERVICES - HI.Ubr S!R':vts DIRtr10R . v 597 Center Avenue, Suite 260 Martinez, California 94553-4669 C O N T R A COSTA Fax ax (925) 313-6600--- - - (925) 313-662727 HEALTH SERVICES September 18, 1999 Francisco Ugarte California Nurses Association 8393 Capwell Drive#200 Oakland, CA 94621 RE: PERMENANT INTERMITTENT AND PART-TIME REGISTERED NURSES AND FAMILY NURSE PRACTITIONERS Dear Mr. Ugarte This is to confirm agreement reached regarding increase in hours for Registered Nurses and Family Nurse Practitiolners. Permanent intermittent and permanent part-time employees of the Hospital and Clinics Division who wish to have the hours of their positions increased up to a maximum of full-time must so request in writing during a thirty (30) day period beginning as follows: December 1, 1999, April 1, 2000, October 1, 2000, April 1, 2001, October 1, 2001 and April.l, 2002. Hospitaland Clinic Administration will evaluate those requests within thirty(30) days of the application deadline by considering the actual work hours of the employee over the past six months and the anticipated need for their assignment on an increased basis. Those which are approved will be submitted for consideration by the County as a P-300 request within an additional sixty (60) days. If this conforms to your understanding, please indicate your agreement by signing in the space provided below. Sincerely, z Lee Ann Adams Health Services Department Personnel Services Officer Confirmed Francisco Ugarte Labor Representative, CNA Contra Ctxta Cor--_-:4 e(wes • Contra Costa Emergency Ved:Cal Ser.:CeS • :ontra Ccaa Envrconme.,;ai peat` Contra Coga Health Pld, . .?1e.., D.��:Bm ' IH I� . '01:,a: - • :0:;' �nai.�c7•�(Fr.n. Conird -y � SI•CDn!•a;Jai;fPr.d edi -J ]'2 J9a aJ':'^Ea^.^ �pmrd n 19^-.' ATTACHMENT C CNA Proposal March l7, 2006--,---,,- DETENTION 7, 2006__.__._DETENTION RN ADVANCED LEVEL PAY PROPOSAL The County agrees to modify the RN Advanced Level classification job description to permit Detention nurses to promote to the Advanced level provided that they meet the criteria for promotion. The County also agrees to meet and confer with the Association to develop the criteria and establish an implementation date. The implementation date shall be no later than September 1, 1006. Upon a detention nurse becomes eligible for Advanced Level I pay(5%increase), his or her detention differential shall ibe correspondingly lowered by 5%. Upon a detention nurse becomes eligible for Advanced Level II pay(6% increase), his or her detention differential shall be discontinued. Date: 31i41ta-40 For the County: For the CN g Y _ ,L Health Services Department ... ......... = . ATTACE D Personnel Services t` j` OFFICE OF THE DIRECTOR �- —, _ ;• Administrative Offices 597 Center Avenue.Suite 260 Martine7-California 94553-2658 (510)313-6600 TR,couti August 21, 1996 Joe Lindsey,Labor Representative California Nurses Association 393 Capwell Drive#200 Oakland,CA 94621 RE: AGREEMENTS REACHED DURING 1995/96 NEGOTIATIONS This letter will confirm our agreement reached during 1995/1996 Negotiations regarding CNA Proposal 19-Patient Care: Part 2: Assignment Despite Object on(TA July 1, 1996) A. The PPC committee will be provided a copy of the draft ADO response form in order to submit any suggested additions/changes to the Director of Nursing. B. The department will respond to an employee within 14 days of filing an ADO. C. A copy of the response shall be provided to the PPC chair. Part 1: Orientation(TA July 30, 11996) There will be a nummum of two (2) full shifts of orientation with a designated preceptor when a nurse is assigned to a new unit on a permanent basis. A nurse who is being oriented will not be included in core staffing for the unit. l If this conforms to your understanding,please indicate your agreement by signing in the space provided below. Sincerely, Roger ng, Health Services Personnel Officer Confirmed: i � C Joe Lindsey,Labor senta' California Nurses Association wato (v2i90) 7ATrAMMMENUT E November 11, 1999 Mr. Francisco Ugarte, Labor Representative California Nurses' Association 2000 Franklin Street Oakland, CA 94621 RE: LETTER OF UNDERSTANDING - MANDATORY OVERTIME POLICY FOR CONTRA COSTA REGIONAL MEDICAL CENTER IN-PATIENT RN'S Dear Mr. Ugarte: This is to confirm that the use of mandatory overtime will be limited to those emergency staffing situations that involve local, state, or federally designated disasters/emergencies or emergency high census and/or high acuity. Emergency high census and/or high acuity means those situations where patients need to be diverted and/or transferred to another 1 facility. In the event emergency high census and/or high acuity exists necessitating mandatory overtime beyond a continuous twenty-four (24) hour period, CNA will be notified prior to implementation of a second twenty-four (24) hour period. Before using mandatory overtime, the County will do the following: Seek volunteers from among the qualified nurses at the work site. Seek volunteers from among the qualified nurses who are not scheduled to work the shift in question. Contact nurses on the "Per Diem" list. Seek volunteers from among the qualified nurses who are working on other units. Contact the Nursing Registry for available, qualified nurses. When mandatory overtime is implemented, it will be assigned on a rotated basis beginning with the least senior qualified nurse on duty. No nurse who is off duty and who has left the work site shall be required to work mandatory overtime. No nurse will be required to work mandatory overtime on a unit other than his/her normally assigned unit. Mandatory overtime will be limited to four (4) hours in a twenty-four (24) hour period. Nurses who work mandatory overtime will be paid at the rate set forth in Section 7, Overtime, of the Memorandum of Understanding (MOU); however, the fifty-four dollars ($54.00) will not be prorated under these circumstances. The County will document the use of mandatory overtime. This side letter shall be in effect only for the duration of this MOU. Sincerely, Confirmed: tII Lee Ann Adams I Francisco Ugarte � 7 Health Services Personnel Officer CNA Labor Representative COUNTY PROPOSAL 2005 County—C N A Negotiations Presented: March 17, 2006 ATTACHMENT E The County agrees to reissue Attachment E, Mandatory Overtime with current titles and dates. Date: FOR THE COUNTY: FO E C N A: I� Page 1 of 1 d Revised Side letter on Overtime at the Detention Facility 2006 County-C N A Negotiations February 17, 2006 Attachment F February 17, 2006 Dan Lawson, Labor Representative California Nurses'Association 200 Franklin Street Oakland, CA 94621 RE: LETTER OF UNDERSTANDING—MANDATORY OVERTIME POLICY FOR CONTRA COSTA COUNTY DETENTION FACILITIES Dear Mr. Lawson: This is to confirm that Contra Costa Health Services agrees that the use of mandatory overtime should be limited. We recognize the impact of the overtime on staff and agree to attempt to reduce the amount of overtime incurred at the Detention facilities. To that end, we will attempt to establish a larger Per Diem pool, and will include Detention in the on-call study for the feasibility of a PM or Day shift call schedule. A Per Diem pool will be established and cleared to work in Detention within the nett six to nine months. Detention Facilities Management or designee will be responsible for staffing at the Detention Facilities. Before mandatory overtime is implemented, the County will do the following: • Seek volunteers from among the qualified nurses at the work site • Seek volunteers from among the qualified nurses who are not scheduled to work the shift in!question • Contact nurses on the "Per Diem" list • Contact the Nursing Registry for available, qualified nurses. 7 When mandatory overtime is implemented it will be assigned on a rotated basis. No nurse who is off dutyland who has left the work site shall be required to work mandatory overtime. No nurse will be required to work mandatory overtime at a Detention facility other than his/her regularly assigned facility. Mandatory overtime will be limited to 8 hours in a 24-hour period. Nurses who work mandatory overtime will The paid at the rate set forth in Section 7, Overtime, of the Memorandum of Understanding (MOU). Page 1 of 2 Revised Side letter on Overtime at the Detention Facility 2005 County-C N A Negotiations February 17, 2006 Representatives from the Health Services Department and the California Nurses Association agree to schedule meetings within 60 days of the ratification of this MOU to discuss the establishment of 12 hour and 12 hour weekend only positions. Establishment of such positions will be subject to agreement of the parties. Sincerely, Confirmed: Shelley Pighin Dan Lawson Health Services Personnel Officer C N A Labor Representative Date: 3-176 FOR THE COO C A: j Page 2 of 2 ATTACHMENT G CONTRA COSTA -- N o HEALTH SERVICES The Medical Center representatives and C.N.A.jointly affirm their commitment to the concept of a clinical ladder as a structured system to provide staff nurses' career advancement while remaining in the clinical setting, providing direct patient care. The ladder will be used to recognize professional development and differentiates levels of nursing expertise and contribution. Both parties agree to the commitment of establishment of the clinical ladder structure. To that end, a study group will be convened. The study group will make recommendations for implementation of a clinical ladder to the Chief Nursing Officer by July 1, 2007 Tentative Agreement: Cli ni cal Ladder Date: FOR THE COUNTY: F R�HE C.N.A: t •% ATTACHMENT H F7 CCC COUNTER to C N A NO. 14 -- 2006 County C N A Negotiations - - -- - --_ --_ - -- - Presented: January 18, 2006- Side letter. Medical Center representatives agree to review On Call data for the next six months following the adoption of the agreement If warranted the Medical Center will establish a Pilot On Call program for inpatient units only. CCRMC representatives will meet and confer with the Association regarding compensation. Tentative Agreement Date- 7 FOR THE COUNTY: FOR E C N A: .I Ir. �00 AY1 7 Page 1 of 1 LOWATTACHMENT I U 7-3 WILLLAM B.WALKER, M.D. CONTRA COSTA HEALTH SERVICES DIRECTOR REGIONAL JEFFREYV. SMITH, M.D. MEDICALCENTER rCALE DIRECTOR CONTRA COST A MEDIEDICAL CENTER AND CONTRA—COSTA - .IEALTH CENTERS HEALTH SERVICES HEALTH CENTERS 2500 Alhambra Avenue Martinez, California 94553-3191 Ph (925) 370-5000 This is in response to your concerns raised regarding time sheet alterations after submission to Nurse Program Managers for signature, and employees not being informed of the alterations. Based on your concer1 n, the following will apply: If a Nurse Program Manager, the Nursing Office or Payroll alters an employee's time sheet, the employee will be notified in writing as to why the time sheet was altered and who altered it. The employee will be notified within the same pay period or as soon as feasibly possible, but in no case longer than two weeks. Shelley Pighin .. 7A /i - I�--D � Personnel Officer - CC: Director of In-Patient urs. g r Nurse P logram Managers �� Staffing Office Director of Ambulatory Care Nursing - --� =Contra r • Contra Costa Alcohol and Other Drugs Services • Contra Costa Emergency Medical Services • Contra Costa Envronmen I Heal[h • Costa Health Plan • Contra Costa Hazardous Materials Programs •Contra Costa Mental Health • Contra Costa Public Health • Contra Costa Regional Medical Center • Contra Costa Health Centers ATTACHMENT J March 17, 2006 Mr. Richard Leung California Nurses Association 200 Franklin St. Oakland, CA 94621 Dear Mr. Leung: Re: Quarterly Meeting with the County Administrator This is to confirm agreement reached regarding quarterly meetings with the County Administrator. The County Administrator agrees to meet with the CVA's representative(s) on a quarterly basis,to discuss financial concerns and issues affecting the County. John Cullen County Administrator Date: f FOR THE COUNTY: FO A: 1'Y rN 0 1 I c ATTACHMENT K COUNTY PROPOSAL NO. 12 2005 CNA NEGOTIATIONS Presented: December 5, 2005 REOPENER- HOLIDAY Between January 1, 2006 and December 30, 2007, either party may notify the other party, in writing, of its desire to reopen this Agreement, provided that such reopener and any resulting negotiations shall be for the sole purpose of discussing clarification of existing pay practices regarding the Holiday Pay and Accrual language in this agreement. Upon such notice being given, the duly authorized representatives of the parties will meet by March 1, 2007, or such later date as the parties may mutually agree upon, to commence such negotiations. All other provisions of this Agreement shall remain in full force and effect during any reopening. It is expressly understood that any changes to this language shall be by mutual agreement only. 1�i3/Z�G FOR THE COUNTY: FOR CNA: All /� o � ATTACHMENT L Revised COUNTY COUNTER PROPOSAL to C N A NO. 42 2005 County-C N A Negotiations Presented: December 5, 2005 Counseling Memos: Counseling Memos will be removed from all files after two (2) years. Tentative Agreement: Date: i0- -zoos FOR THE COUNTY: FOR THE C N A: I ' Page 1 of 1 ATTACHMENT M 1714 J ;.-t%4 COUNTY COUNTER PROPOSAL to C N A NO. 10 2005 County—C N A Negotiations Presented:-January-18, 2006---- Attachment..m 006----Attachment..M Side letter re: WI ekends Only Schedules Contra Costa Regional Medical Center agrees to establish weekend only nurse shifts consisting of two (2) twelve-ho l r shifts at straight time working between 7 a.m. Saturday and 7:30 a.m. Monday. The first shift will begin at 7:00 a.m. and end at 7:30 p.m. The second shift will begin at 7:00 p.m. and and at 7:30 a.m. e All hours worked during the first shit shall be paid at straight time plus an eight percent (8%) differential, inclusive of shift differential; e All hours worked duringlthe second shift shall be paid at straight time plus a twenty percent (20%) differential, inclusive of shift differential; e All benefits will be based on the number of position hours; e Employees assigned tol this schedule are required to work forty-six (46) out of fifty-two (52) weekends; e Employees who work in excess of twelve (12) hours in a twenty-four (24) hour day or in excess of forty (40) hours in a week shall be paid at a rate of one and one-half of their straight-time hourly pay. In addition, Representatives from Health Services and the California Nurses Association agree to schedule meetings within sixty (60) days of the ratification of the MOU to discuss establishment of other weekend only arrangements and compensation. This agreement is subject to review six (6) months prior to expiration of this MOU to determine if it should be continued, modified or eliminated. Notwithstanding this agreement, the employee reserves the right to eliminate one or both twelve-hour shifts based on adverse impact on finances or operations. Employer reserves the right to determine the number and location of weekend shifts, and the necessity of twenty-four (24) hour coverage without staffing overlap. Date: 111 0 6 FOR THE COUNTY: FOR THE C N A: /�'� Page 1 of 2 ATTACHMENT N �i•� 1 COUNTY PROPOSAL NO. 8 2005 County—C N A Negotiations Presented:-January 18;2006-- County Proposal # 8 Return to Work Policy: The parties agree to meet and confer regarding the County's proposal to modify the Return to Work Policy. Said meet and confer will be scheduled within 10 days of the County's request. Date: FOR THE COUNTY: FOR THE C N A: k Page 1 of 1 ATTACHMENT 0 LUMP SUM PAYMENT AGREEMENT 2005 County/CNA Negotiations - - -Presented April-4,-2006._ _ In lieu of a retroactive pay calculation requiring special payroll processing back to October 1, 2005, the County will make a lump sum payment to each current employee, without back interest, for the months of October 1, 2005 through April 30, 2006 computed as follows: Employee regular pay, h luny based earnings including overtime pay and other earnings computed as a percentage of base pay will be added together for each applicable pay period to determine appropriate pay base. This base will be multiplied be three percent (3%). The payment amount thus computed will be added to the employee's June 10, 2006 paycheck where it will be listed as "LUMP SUM PAY" and will be subject to required deductions such as taxes and retirement. Any employee believing there is an underpayment resulting from this methodology exceeding fifty dollars ($50.00) may contact their Department personnel officer. The Auditor-Controller's office will investigate and issue the additional pay, if owed, as soon as possible. Date: ` ' L G' FOR THE COUNTY: FOR THE CNA: u -- - = - Q �- Cns, � -7