HomeMy WebLinkAboutRESOLUTIONS - 01172017 - 2017/6MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SEIU, LOCAL 1021
RANK AND FILE UNIT
JULY 1, 2016 - JUNE 30, 2019
SEIU 1021 R&F i 2016-2019 MOU
SEIU, LOCAL 1021
RANK AND FILE UNIT
TABLE OF CONTENTS
DEFINITIONS .............................................................................................................. 2
SECTION 1 UNION RECOGNITION ......................................................................... 4
SECTION 2 UNION SECURITY
2.1 Dues Deduction .................................................................................... 4
2.2 Agency Shop ........................................................................................ 4
2.3 Maintenance of Membership ................................................................ 6
2.4 Union Dues Form ................................................................................. 6
2.5 Withdrawal of Membership ................................................................... 6
2.6 Communicating with Employees ........................................................... 6
2.7 Use of County Buildings ....................................................................... 7
2.8 Advance Notice .................................................................................... 7
2.9 Written Statement for New Employees ................................................. 8
SECTION 3 NO DISCRIMINATION .......................................................................... 8
SECTION 4 SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ........................................................................ 8
4.2 Union Steward and Office Representatives .......................................... 9
4.3 Chapter Officers ................................................................................... 9
4.4 Office Stewards .................................................................................... 9
4.5 Department Notification ...................................................................... 10
SECTION 5 SALARIES
5.1 General Wages .................................................................................. 10
5.2 Lump Sum Ratification Payment ........................................................ 10
5.3 Entrance Salary .................................................................................. 11
5.4 Anniversary Dates .............................................................................. 11
5.5 Increments Within Range ................................................................... 11
5.6 Part-Time Compensation ................................................................... 12
5.7 Compensation for Portion of Month .................................................... 12
5.8 Position Reclassification ..................................................................... 12
5.9 Salary Reallocation and Salary on Reallocation ................................. 13
5.10 Salary on Promotion ........................................................................... 13
5.11 Salary on Appointment From a Layoff List .......................................... 14
5.12 Salary on Involuntary Demotion .......................................................... 14
5.13 Salary on Voluntary Demotion ............................................................ 14
5.14 Transfer .............................................................................................. 14
5.15 Pay for Work in Higher Classification .................................................. 15
5.16 Payment .............................................................................................. 16
5.17 Pay Warrant Errors .............................................................................. 16
SECTION 6 DAYS AND HOURS OF WORK
6.1 Definitions .......................................................................................... 17
6.2 Staggered Work Schedule .................................................................. 18
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6.3 Automated Timekeeping Implementation............................................ 20
6.4 Time Reporting/Time Stamping .......................................................... 20
SECTION 7 OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
7.1 Overtime............................................................................................. 20
7.2 Compensatory Time ........................................................................... 21
7.3 Part-Time Differential.......................................................................... 22
7.4 Straight Time Pay and Straight Time Compensatory Time ................. 22
SECTION 8 CALL-BACK TIME PAY ..................................................................... 23
SECTION 9 ON-CALL DUTY ................................................................................ 23
SECTION 10 SHIFT DIFFERENTIAL ....................................................................... 24
SECTION 11 WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
11.1 Workforce Reduction .......................................................................... 25
11.2 Separation Through Layoff ................................................................. 26
11.3 Notice ................................................................................................. 28
11.4 Special Employment Lists .................................................................. 28
11.5 Reassignment of Laid Off Employees ................................................. 29
SECTION 12 HOLIDAYS
12.1 Holidays and Personal Holiday Credit ................................................ 29
12.2 Holiday is Observed (NOT WORKED) ................................................ 30
12.3 Holiday is WORKED .......................................................................... 32
12.4 Holiday and Compensatory Time Provisions ....................................... 34
12.5 Permanent-Intermittent Employees ..................................................... 35
SECTION 13 VACATION LEAVE
13.1 Vacation Allowance ............................................................................ 35
13.2 Vacation Accrual Rates ...................................................................... 35
13.3 Accrual During Leave Without Pay ..................................................... 37
13.4 Vacation Allowance for Separated Employees .................................... 37
13.5 Vacation Preference ........................................................................... 37
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave ........................................................................ 37
14.2 Credits to and Charges Against Sick Leave ........................................ 37
14.3 Policies Governing the Use of Paid Sick Leave ................................... 38
14.4 Administration of Sick Leave .............................................................. 40
14.5 Disability ............................................................................................. 42
14.6 Workers’ Compensation ..................................................................... 44
14.7 Leave Without Pay ............................................................................. 46
14.8 State Disability Insurance (SDI) .......................................................... 46
14.9 General Provisions ............................................................................. 46
14.10 Procedures ......................................................................................... 47
14.11 Method of Integration.......................................................................... 47
14.12 Definition ............................................................................................ 48
14.13 Conversion to the New SDI Program .................................................. 48
14.14 Disability Insurance Review Committee .............................................. 48
14.15 Employee Annual Health Examination ................................................ 48
SEIU 1021 R&F iii 2016-2019 MOU
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design ................................................................................. 49
15.2 Operation ........................................................................................... 49
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay ............................................................................. 50
16.2 General Administration – Leaves of Absence ...................................... 51
16.3 Furlough Days Without Pay ................................................................ 52
16.4 Military Leave ..................................................................................... 52
16.5 Family Care Leave or Medical Leave ................................................. 52
16.6 Certification ........................................................................................ 52
16.7 Intermittent Use of Leave ................................................................... 52
16.8 Aggregate Use for Spouses ............................................................... 53
16.9 Definitions .......................................................................................... 53
16.10 Pregnancy Disability Leave ................................................................ 54
16.11 Group Health Plan Coverage .............................................................. 54
16.12 Leave Without Pay – Use of Accruals ................................................. 55
16.13 Leave of Absence Replacement and Reinstatement ........................... 55
16.14 Leave of Absence Return .................................................................... 55
16.15 Reinstatement from Family Care Medical Leave ................................ 56
16.16 Salary Review While on Leave of Absence ........................................ 56
16.17 Unauthorized Absence ....................................................................... 56
16.18 Non-Exclusivity ................................................................................... 56
16.19 Time-Off to Vote ................................................................................. 56
SECTION 17 JURY DUTY AND WITNESS DUTY
17.1 Jury Duty ............................................................................................ 57
17.2 Witness Duty ...................................................................................... 58
SECTION 18 HEALTH, LIFE & DENTAL CARE
18.1 Health Plan Coverages ........................................................................ 58
18.2 Monthly Premium Subsidy .................................................................. 59
18.3 Retirement Coverage .......................................................................... 60
18.4 Health Plan Coverages and Provisions .............................................. 62
18.5 Family Member Eligibility Criteria ....................................................... 62
18.6 Dual Coverage ................................................................................... 63
18.7 Medical Plan Cost-Sharing on and after January 1, 2016 ................... 64
18.8 Life Insurance Benefit Under Health & Dental Plans ............................ 65
18.9 Supplemental Life Insurance .............................................................. 65
18.10 Health Care Spending Account .......................................................... 65
18.11 PERS Long-Term Care ...................................................................... 65
18.12 Voluntary Vision Plan ......................................................................... 65
18.13 Health Savings Account ..................................................................... 65
18.14 Dependent Care Assistance Program ................................................ 66
18.15 Premium Conversion Plan .................................................................. 66
18.16 Prevailing Section ............................................................................... 66
18.17 Rate Information .................................................................................. 66
18.18 Partial Month ....................................................................................... 66
18.19 Coverage During Absences ................................................................. 66
18.20 Health Benefit Access for Employees Not Otherwise Covered ............ 67
SECTION 19 RETIREMENT CONTRIBUTION
19.1 Contribution ......................................................................................... 67
SEIU 1021 R&F iv 2016-2019 MOU
19.2 Retirement Benefits – Non-Safety Employees who become
New Members of CCERA on or After January 1, 2013 ....................... 67
19.3 Safety Employees Retirement ............................................................ 68
SECTION 20 PROBATIONARY PERIOD
20.1 Duration ............................................................................................. 69
20.2 Classes With Probation Periods Over Six/Nine Months ...................... 69
20.3 Revised Probationary Period .............................................................. 69
20.4 Criteria ............................................................................................... 69
20.5 Rejection During Probation .................................................................. 69
20.6 Regular Appointment .......................................................................... 70
20.7 Layoff During Probation ..................................................................... 70
20.8 Rejection During Probation of Layoff Employee ................................. 71
SECTION 21 PROMOTION
21.1 Competitive Exam .............................................................................. 71
21.2 Promotion Policy ................................................................................ 71
21.3 Open Exam ........................................................................................ 71
21.4 Promotion via Reclassification Without Examination ........................... 71
21.5 Requirements for Promotional Standing .............................................. 72
21.6 Seniority Credits .................................................................................. 72
21.7 Promotional Employment List-Rule of Five .......................................... 72
21.8 Position Reclassification ...................................................................... 72
SECTION 22 TRANSFER
22.1 Requirements ..................................................................................... 72
22.2 Transfer Without Examination ............................................................ 73
22.3 Procedure ............................................................................................ 73
SECTION 23 RESIGNATIONS
23.1 Resignation in Good Standing ............................................................ 74
23.2 Constructive Resignation .................................................................... 74
23.3 Effective Resignation .......................................................................... 74
23.4 Revocation ......................................................................................... 74
23.5 Coerced Resignations ........................................................................ 74
SECTION 24 DISMISSAL, SUSPENSION AND DEMOTION
24.1 Sufficient Cause for Action ................................................................. 75
24.2 Skelly Requirements ........................................................................... 76
24.3 Leave Pending Employee Response .................................................. 77
24.4 Length of Suspension ......................................................................... 77
24.5 Procedure on Dismissal, Suspension or Disciplinary Demotion ........... 77
24.6 Employee Representation Rights ....................................................... 77
SECTION 25 GRIEVANCE PROCEDURE
25.1 Definition and Procedure .................................................................... 78
25.2 Step 5. Expedited Board of Adjustment ............................................... 79
25.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment ... 81
25.4 Time Limits .......................................................................................... 81
25.5 Compensation Complaints .................................................................. 81
25.6 No Strike ............................................................................................. 82
25.7 Merit Board .......................................................................................... 82
SEIU 1021 R&F v 2016-2019 MOU
25.8 Filed by Union ..................................................................................... 82
25.9 Union Notification ................................................................................ 82
SECTION 26 BILINGUAL PROVISIONS
26.1 Salary Differential ............................................................................... 82
26.2 Spanish Notices of Action .................................................................. 82
26.3 Non-English Speaking Caseloads ....................................................... 83
26.4 Deferred Compensation Plan – Special Benefit
For Hires after January 1, 2010 ........................................................... 83
SECTION 27 TRAINING REIMBURSEMENT ........................................................... 84
SECTION 28 MILEAGE
28.1 Reimbursement for Use of Personal Vehicle ...................................... 85
28.2 Commuter Benefit Program ............................................................... 85
SECTION 29 RESPITE LEAVE WITHOUT PAY ...................................................... 85
SECTION 30 MENTAL HEALTH SCREENING DIFFERENTIAL ............................. 86
SECTION 31 MEDICAL SOCIAL WORKER LEAD DIFFERENTIAL ....................... 86
SECTION 32 NOTICE OF NEW EMPLOYEES ........................................................ 86
SECTION 33 PERSONNEL ACTIONS
33.1 Personnel Files.................................................................................... 86
33.2 Counseling .......................................................................................... 87
33.3 Copies ................................................................................................. 87
33.4 Performance Evaluation ...................................................................... 88
SECTION 34 SAFETY PROGRAM ........................................................................... 90
SECTION 35 FLEXIBLE STAFFING
35.1 Designated Positions ........................................................................... 91
35.2 Continuous Testing for Flexibly Staffed Classes .................................. 91
SECTION 36 CAREER LADDER ............................................................................. 92
SECTION 37 STAFFING ALLOCATIONS AND WORKLOAD DISTRIBUTION
37.1 Staffing Review ................................................................................... 92
37.2 Department/Union Meetings ................................................................ 92
37.3 Department Head & County Administrator Meetings ........................... 92
37.4 Program Committees........................................................................... 93
37.5 Workload Streamlining ........................................................................ 93
37.6 Maintenance of Positions .................................................................... 93
SECTION 38 STAFFING ALLOCATIONS & REASSIGNMENTS............................. 94
SECTION 39 REIMBURSEMENT FOR MEAL EXPENSES ..................................... 95
SECTION 40 PERSONAL PROPERTY REIMBURSEMENT .................................... 95
SEIU 1021 R&F vi 2016-2019 MOU
SECTION 41 LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals) ..................................... 96
SECTION 42 SERVICE AWARDS............................................................................ 97
SECTION 43 PERMANENT PART-TIME EMPLOYEE BENEFITS .......................... 97
SECTION 44 PERMANENT-INTERMITTENT
EMPLOYEE SPECIAL PAYS BENEFITS ........................................... 97
SECTION 45 PROVISIONAL EMPLOYEE BENEFITS ............................................. 97
SECTION 46 INDEMNIFICATION AND DEFENSE OF
COUNTY EMPLOYEES ...................................................................... 98
SECTION 47 MODIFICATION & DECERTIFICATION ............................................. 98
SECTION 48 UNFAIR LABOR PRACTICE
48.1 Filing ................................................................................................... 99
48.2 Unfair Labor Practice - County ........................................................... 99
48.3 Unfair Labor Practice - Union .............................................................. 99
SECTION 49 TEMPORARY EMPLOYEES
49.1 Recognition ......................................................................................... 99
49.2 Emergency Appointments ................................................................ 101
49.3 Agency Shop ..................................................................................... 101
49.4 Agency Shop Deductions .................................................................. 102
49.5 Salary ............................................................................................... 103
49.6 Salary Increments Within Range ....................................................... 103
49.7 Paid Time Off .................................................................................... 103
49.8 Provisional Employees ..................................................................... 104
49.9 Grievance Procedure......................................................................... 104
49.10 Positions............................................................................................ 104
49.11 Special Pays ..................................................................................... 105
SECTION 50 PROJECT EMPLOYEES .................................................................. 105
SECTION 51 DEPENDENT CARE ......................................................................... 105
SECTION 52 SPECIAL STUDIES AND OTHER ACTIONS
52.1 Differentials ...................................................................................... 106
52.2 Grievance Procedure......................................................................... 106
52.3 Job Sharing & Part-Time Job Opportunities ....................................... 106
52.4 Telecommuting Options ..................................................................... 106
52.5 Reclassification ................................................................................. 106
52.6 Job Classification .............................................................................. 106
52.7 Ergonomics ....................................................................................... 106
52.8 Safety Retirement .............................................................................. 106
SECTION 53 ADOPTION ....................................................................................... 107
SEIU 1021 R&F vii 2016-2019 MOU
SECTION 54 SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS
54.1 Scope of Agreement .......................................................................... 107
54.2 Separability of Provisions .................................................................. 107
54.3 Personnel Management Regulations ................................................. 107
54.4 Duration of Agreement ...................................................................... 108
ATTACHMENTS
SUBJECT INDEX
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 1021
RANK AND FILE 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 Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board Resolution
81/1165.
The parties have met and conferred in good faith regarding wages, hours and other terms
and conditions of employment for the employees in units in which the Union is the
recognized representative, have freely exchanged information, opinions and proposals and
have endeavored to reach agreement on all matters relating to the employment conditions
and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the joint
recommendations of the undersigned for salary and employee benefit adjustments for the
term set forth herein.
DEFINITIONS
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that the
same descriptive title may be used to designate each position allocated to the group.
Class Title: The designation given to a class, to each position allocated to the class, and
to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class allocated
to a salary range for which the top step is lower than the top step of the class which the
employee formerly occupied except as provided for under Transfer or as otherwise
provided for in this MOU, in the Personnel Management Regulations, or in specific
resolutions governing deep classifications.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list for a
given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence in
accordance with provisions of this MOU and whose position is held pending his/her return.
Employment List: A list of persons, who have been found qualified for employment in a
specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the Merit
System and who have been involuntarily separated by layoff or displacement, or 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.
SEIU 1021 R&F -2- 2016-2019
DEFINITIONS
Project 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.
Promotion: The change of a permanent employee to another position in a class allocated
to a salary range for which the top step is higher than the top step of the class which the
employee formerly occupied, except as provided for under Transfer or as otherwise
provided for in this MOU, in the Personnel Management Regulations, or in specific
resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full-time, part-time
or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another class
at the same range of the salary schedule or to a class which is allocated to another range
that is within five percent (5%) of the top step, except as otherwise provided for in the
Personnel Management Regulations, deep class resolutions or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a higher
class or reducing it to a lower class on the basis of significant changes in the kind, difficulty
or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any class
in the merit system and, who have voluntarily separated and are qualified for consideration
for reappointment under the Personnel Management Regulations governing reemployment.
Resignation: The voluntary termination of permanent service with the County from a
position in the merit system.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to another
position in the same class in a different department, or to another position in a class which
is allocated to a range on the salary plan that is within five percent (5%) at top step as the
class previously occupied by the employee.
Union: SEIU Local 1021, Rank and File.
SEIU 1021 R&F -3- 2016-2019
SECTION 1 – UNION RECOGNITION
SECTION 1 – UNION RECOGNITION
The Union is the formally recognized employee organization for the representation units
listed below, and such organization has been certified as such pursuant to Chapter 34-12
of Board Resolution No. 81/1165.
Community Aide Unit
Social Services Unit
SECTION 2 – UNION SECURITY
2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority
representative may have dues deduction and as such, the Union has the exclusive privilege
of dues deduction or agency fee for all employees in its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and nondiscriminatory
representation to all employees in the units for which this section is applicable
regardless of whether they are members of the Union.
B. All employees employed in a representation unit on or after the effective date of this
MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Union, or
2. Pay to the Union, an agency shop fee in an amount which does not exceed
an amount which may be lawfully collected under applicable constitutional,
statutory, and case law, which under no circumstances shall exceed the
monthly dues, initiation fees and general assessments made during the
duration of this MOU. It shall be the sole responsibility of the Union to
determine an agency shop fee which meets the above criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a member of a
bona fide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting any public
employee organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee described in Section 2.2.B.2
to a non-religious, non-labor, charitable fund chosen by the employee
from the following charities: Family and Children's Trust Fund, Child
Abuse Prevention Council and Battered Women's Alternative.
SEIU 1021 R&F -4- 2016-2019
SECTION 2 – UNION SECURITY
C. The Union shall provide the County with a copy of the Union's Hudson Procedure for
the determination and protest of its agency shop fees. The Union shall provide a
copy of said Hudson Procedure to every fee payor covered by this MOU within one
month from the date it is approved and annually thereafter, and as a condition to any
change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson
Procedure within one month after actual notice of the Hudson Procedure shall be a
waiver by the employee of their right to contest the amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that an employee is
separated from the representation unit but shall be reinstated upon the return of the
employee to the representation unit. The term separation includes transfer out of
the unit, layoff, and leave of absence with a duration of more than thirty (30) days.
E. Annually, the Union shall provide the Director of Human Resources with copies of
the financial report required pursuant to the Labor Management Disclosure Act of
1959. Such report shall be available to employees in the unit. Failure to file such a
report within sixty (60) days after (June 30) shall result in the termination of all
agency shop fee deductions without jeopardy to any employee, until said report is
filed.
F. Compliance.
1. An employee employed in or hired into a job class represented by the Union
shall be provided with an Employee Authorization for Payroll Deduction form
by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30)
calendar days after notice of this agency shop fee provision and the Union
dues, agency shop fee, initiation fee or charitable contribution required under
Section 2.2.B.3 are not received, the Union may, in writing, direct that the
County withhold the agency shop fee and the initiation fee from the
employee's salary, in which case the employee's monthly salary shall be
reduced by an amount equal to the agency shop fee and the County shall
pay an equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against any and
all claims, demands, suits, orders, or judgments, or other forms of liability that arise
out of or by reason of this Union security section, or action taken or not taken by the
County under this Section. This includes, but is not limited to, the County's
Attorneys' fees and costs. The provisions of this subsection shall not be subject to
the grievance procedure.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Union.
I. In the event that employees in a bargaining unit represented by the Union vote to
rescind Agency Shop, the provisions of Section 2.3, 2.4, and 2.5 shall apply to dues-
paying members of the Union.
SEIU 1021 R&F -5- 2016-2019
SECTION 2 – UNION SECURITY
2.3 Maintenance of Membership. All employees represented by the Union who are
currently paying dues to the Union and all employees in such unit who hereafter become
members of the Union shall as a condition of continued employment pay dues to the Union
for the duration of this MOU and each year thereafter so long as the Union continues to
represent the classification to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.5.
2.4 Union Dues Form. Employees hired into classifications represented by the Union
shall, as a condition of employment at the time of employment, complete a Union dues
authorization card provided by the Union and shall have deducted from their paychecks the
membership dues of the Union. Said employees shall have thirty (30) days from the date
of hire to decide if they do not want to become a member of the Union. Such decision not
to become a member of the Union must be made in writing to the Auditor-Controller with a
copy to the 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, he/she 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 a 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.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in writing,
between August 1 and August 31, any employee assigned to a classification represented
by the Union may withdraw from Union membership and discontinue paying dues as of the
payroll period commencing September 1 discontinuance of dues payments to then be
reflected in the October 10 paycheck. Immediately upon close of the above mentioned
thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees
who have rescinded their authorization for dues deduction.
2.6 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
SEIU 1021 R&F -6- 2016-2019
SECTION 2 – UNION SECURITY
Department Head or designated representative; said representatives may distribute
employee organization literature in work areas (except work areas not open to the public) if
the nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress. Such placement and/or distribution shall not be
performed by on-duty employees.
The Union shall be allowed access to work locations in which it represents employees for
the following purposes:
A. To post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact a Union officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such instance
advance 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.
2.7 Use of County Buildings. The Union shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees during non-work hours when:
A. Such space is available and its use by the Union is scheduled twenty-four (24) hours
in advance;
B. there is no additional cost to the County;
C. it does not interfere with normal County operations;
D. employees in attendance are not on duty and are not scheduled for duty;
E. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain scheduling
of such uses. The Union shall maintain proper order at the meeting, and see that the
space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of business
meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.8 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
SEIU 1021 R&F -7- 2016-2019
SECTION 3 – NO DISCRIMINATION
within the scope of representation proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with the body considering the matter.
On matters within the scope of representation, the County agrees that the Human
Resources Department will notify a Union's designee(s) when an issue within the scope of
representation is placed on the Board's agenda. If there is insufficient time to meet and
confer on an issue prior to the Board's meeting, the item shall be deferred if so requested
by the Union.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification which is in the Social Services
Unit or Community Aide Unit that their classification is represented by Local 1021, and the
name of a representative of Local 1021. The County shall provide an opportunity for the
Union to make a thirty (30) minute presentation at the end of the Human Resources
Department’s new employee orientation meetings.
SECTION 3 – NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, political
opinion, sex, sexual orientation, or Union activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because of
age or physical disability.
SECTION 4 – SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting;
B. if their attendance is sought by a hearing body for presentation of testimony or other
reasons;
C. if their attendance is required for meetings required for settlement of grievances filed
pursuant to Section 25 - Grievance Procedure of this MOU;
D. if they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to present a
grievance;
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SECTION 4 – SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
E. if they are designated as spokesperson or representative of the Union and as such
make representations or presentations at meetings or hearings on wages, salaries
and working conditions; provided in each case advance arrangements for time away
from the employee's work station or assignment are made with the appropriate
Department Head or designee, and the County agency calling the meeting is
responsible for determining that the attendance of the particular employee(s) is
required.
4.2 Union Steward and Office Representatives. In Departments represented by SEIU
1021, 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 Chapter Officers. In Departments represented by SEIU 1021, the Union shall
designate five (5) representatives who shall be allowed time off on County time with
corresponding reduction in work assignments, up to sixteen (16) hours per week per
representative, for meetings during regular working hours when formally meeting and
conferring in good faith or consulting with the Labor Relations Officer or other management
representatives on matters within the scope of representation or for the reasons as
provided in 4.1.a through 4.1.e above. In each case, advance arrangements for time away
from the employee's work assignment shall be made with the Department Head or
designee. Such representatives from other departments shall be allowed time off as
provided in Section 4.2 and the representatives designated in this Section shall not in the
aggregate exceed five (5) employees.
4.4 Office Stewards. The Union may designate stewards in the Employment and
Human Services and Health Services Departments who may be allowed to attend meetings
held on County time for the purposes provided in 4.1.d above. In each case, advance
arrangements for time away from the employee's work assignment must be made with the
Department Head or designee. The number of stewards for the following offices are:
(a) Employment and Human Services:
Hall Avenue 1
Summit 1
Cavallo 1
Ellinwood (includes Concord One Stop) 2
Marina West (includes N. Richmond SIT) 2
Hercules (includes San Pablo One Stop) 1
4549 Delta Fair 1
4545 Delta Fair (includes Sand Creek) 2
(b) Health Services: 1 for all sites.
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SECTION 5 – SALARIES
If during the term of this MOU offices are combined or created, the Union may designate
one (1) steward for each new office and two (2) stewards for any office with one hundred
(100) or more represented employees at the Employment and Human Services
Department.
4.5 Department Notification. The Union shall notify in writing the Department Head or
designee of those persons designated as official representatives and as stewards and of
any changes of such designations when made.
SECTION 5 – SALARIES
5.1 General Wages.
A. Effective on the first day of the month following ratification by the Union, the
base rate of pay for all classifications represented by the Union will be
increased by five percent (5%).
Effective on July 1, 2017, the base rate of pay for all classifications
represented by the Union will be increased by two percent (2%).
Effective on July 1, 2018, the base rate of pay for all classifications
represented by the Union will be increased by three percent (3%).
B. Longevity Pay. Effective July 1, 2008, employees at ten (10) years of County
service shall receive a two and one-half percent (2.5%) longevity pay
differential.
5.2 Lump Sum Ratification Payment
A. Permanent Employees. Permanent full-time employees, including project
employees, who meet all of the following criteria will be paid a lump sum ratification
payment of one thousand dollars ($1,000). Permanent part-time employees,
including project employees, who meet all of the following criteria, will be paid a
prorated lump sum ratification payment based on approved position hours. The
prorated lump sum payment for permanent part-time employees will be calculated
by multiplying one thousand dollars ($1,000) by the employee’s approved position
hours (for example: $1,000 x (20/40)= $500).
Criteria:
1. The employee must be employed by the County in a classification represented
by the Union on the first day of the month in which the MOU is adopted by the
Board of Supervisors.
2. Temporary, permanent-intermittent, and per diem employees are not eligible for
the ratification payment.
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SECTION 5 – SALARIES
B. The employee’s lump sum ratification payment will be subject to the employee’s
required deductions, such as taxes, wage garnishments, and retirement.
5.3 Entrance Salary. New employees shall generally be appointed at the minimum step
of the salary range established for the particular class of position to which the appointment
is made. However, the appointing authority may fill a particular position at a step above the
minimum of the range.
5.4 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) months service provided however, if an employee began work on
the first regularly scheduled workday of the month the anniversary date is the first
day of the calendar month when the employee successfully completes six (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. Reemployment. The anniversary of an employee appointed from a reemployment
list to the first step of the applicable salary range and not required to serve a
probation period is determined in the same way as the anniversary date is
determined for a new employee who is appointed the same date, classification and
step and who then successfully completes the required probationary period.
F. Notwithstanding other provisions of this Section 5, the anniversary of an employee
who is appointed to a classified position from outside the County's merit system at a
rate above the minimum salary for the employee's new class, or who is transferred
from another governmental entity to this County's merit system, is one (1) year from
the first day of the calendar month after the calendar month when the employee was
appointed or transferred; provided however, when the appointment or transfer is
effective on the employee's first regularly scheduled workday of that month, his/her
anniversary is one (1) year after the first calendar day of that month.
5.5 Increments Within Range. In the Department of Employment and Human
Services, the performance of each employee, except those employees already at the
maximum salary step of the appropriate salary range, shall be reviewed on the anniversary
SEIU 1021 R&F -11- 2016-2019
SECTION 5 – SALARIES
date as set forth in Section 5.4 to determine whether the salary of the employee shall be
advanced to the next higher step in the salary range. Advancement shall be granted based
on the overall performance rating of standard or based on the affirmative recommendation
of the appointing authority. Based on the overall performance rating of below standard, the
appointing authority may recommend denial of the increment subject to one additional
review at some specified date before the next anniversary which must be set at the time
submitted by the Appointing Authority.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within-range increment be granted at
one time, except as otherwise provided in deep class resolutions. In case an appointing
authority recommends denial of the within range increment on some particular anniversary
date, but recommends a special salary review at some date before the next anniversary the
special salary review shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory on the
County. If an operating department verifies in writing that an administrative or clerical error
was made in failing to submit the documents needed to advance an employee to the next
salary step on the first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.6 Part-Time Compensation. A part-time employee shall be paid a monthly salary in
the same ratio to the full-time monthly rate to which the employee would be entitled as a
full-time employee under the provisions of this Section 5 as the number of hours per week
in the employee's part-time work schedule bears to the number of hours in the full-time
work schedule of the department.
5.7 Compensation for Portion of Month. Any employee who works less than any full
calendar month, except when on earned vacation or authorized sick leave, shall receive as
compensation for services an amount which is in the same ratio to the established monthly
rate as the number of days worked is to the actual working days in such employee's normal
work schedule for the particular month; but if the employment is intermittent, compensation
shall be on an hourly basis.
5.8 Position Reclassification. An employee who is an incumbent of a position which is
reclassified to a class which is allocated to the same range of the basic salary schedule as
is the class of the position before it was reclassified, shall be paid at the same step of the
range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before the
reclassification, but if such salary is greater than the maximum of the range of the class to
which the position has been reclassified, the salary of the incumbent shall be reduced to
the maximum salary for the new classification. The salary of an incumbent of a position
which is reclassified to a class which is allocated to a range of the basic salary schedule
greater than the range of the class of the position before it was reclassified shall be
governed by the provisions of Section 5.10 - Salary on Promotion.
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SECTION 5 – SALARIES
5.9 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at the
same step in the new salary range the employee was receiving in the range to which
the class was previously allocated. If the reallocation is from one salary range with
more steps to a range with fewer steps or vice versa, the employee shall be
compensated at the step on the new range which is in the same percentage ratio to
the top step of the new range as was the salary received before reallocation to the
top step of the old range, but in no case shall any employee be compensated at less
than the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with more steps
to a salary range with fewer steps on the salary schedule, apart from the general
salary increase or decrease described in Section 5.9.A above, each incumbent of a
position in the reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In the event that the
steps in the new range do not contain the same rates as the old range, each
incumbent shall be placed at the step of the new range which is next above the
salary rate received in the old range, or if the new range does not contain a higher
step, at the step which is next lower than the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as above or below the salary range of
the employee's previous class, the incumbent shall be placed at the step in the new
class which equals the rate of pay received before reallocation. In the event that the
steps in the range for the new class do not contain the same rates as the range for
the old class, the incumbent shall be placed at the step of the new range which is
next above the salary rate received in the old range; or if the new range does not
contain a higher step, the incumbent shall be placed at the step which is next lower
than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.9.
5.10 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as provided
under Section 5.14, shall receive the salary in the new salary range which is next higher
than the rate received before promotion. In the event this increase is less than five percent
(5%), the employee's salary shall be adjusted to the step in the new range which is at least
five percent (5%) greater than the next higher step; provided, however, that the next step
shall not exceed the maximum salary for the higher class.
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
SEIU 1021 R&F -13- 2016-2019
SECTION 5 – SALARIES
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.
5.11 Salary on Appointment From a Layoff List. In the event of the appointment of a
laid off employee from the layoff list to the class from which the employee was laid off, the
employee shall be appointed at the step which the employee had formerly attained in the
higher class unless such step results in an increase of less than five percent (5%), in which
case the salary shall be adjusted to the step in the new range which is five percent (5%)
greater than the next higher step, if the new range permits such adjustment.
5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.13, shall have his salary reduced to the monthly salary step in the
range for the class of position to which he has been demoted next lower than the salary
received before demotion. In the event this decrease is less than five percent (5%), the
employee's salary shall be adjusted to the step in the new range which is five percent (5%)
less than the next lower step; provided, however, that the next step shall not be less than
the minimum salary for the lower class. Whenever the demotion is the result of layoff,
cancellation of positions or displacement by another employee with greater seniority rights,
the salary of the demoted employee shall be that step on the salary range which he would
have achieved had he been continuously in the position to which he has been demoted, all
within-range increments having been granted.
5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a
position in a class having a salary schedule lower than that of the class from which he or
she demotes, unless the Board provides otherwise by resolution, his or her salary shall
remain the same if the steps in his or her new (demoted) salary range permit, and if not,
new salary shall be set at the step next below former salary.
5.14 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer. In the event that the steps in the
range for the new class do not contain the same rates as the range for the old class, the
employee shall be placed at the step of the new range which is next above the salary rate
received in the old range; or if the new range does not contain a higher step, the employee
shall be placed at the step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolution, the salary of the employee shall be set as provided in
the deep class resolution at a step not to exceed a five percent (5%) increase in the
employee's base salary. However, if the deep class transfer occurs to or from a deep class
with specified levels identified for certain positions and their incumbents, the employee's
salary in the new class shall be set in accordance with the section on "Salary on Promotion"
if the employee is transferring to another class or to a level in a deep class for which the
salary is at least five percent (5%) above the top base step of the deep class level or class
in which they have status currently.
SEIU 1021 R&F -14- 2016-2019
SECTION 5 – SALARIES
5.15 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for the
higher classification pursuant to Subsection 5.10 - Salary on Promotion of this MOU,
commencing on the second full day of the assignment, under the following conditions.
Payment shall be made retroactive after completing the first forty (40) consecutive hours
worked in the higher classification.
A. The employee is assigned to a program service, or activity established by the Board
of Supervisors which is reflected in an authorized position which has been classified
and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such that the employee in the lower
classification performs a majority of the duties and responsibilities of the position of
the higher classification.
C. Employees selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
D. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher classification
shall not be utilized as a substitute for regular promotional procedures provided in
this Memorandum.
E. The appropriate authorization form has been submitted by the Department Head at
least eight (8) days prior to the expiration of the ten (10) day waiting period and
approved by the County Administrator.
F. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
G. If approval is granted for pay for work in a higher classification and the assignment
is terminated and later reapproved for the same employee within one hundred eighty
(180) days, no additional waiting period will be required.
H. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual
differential and hazardous duty differential) accruing to the employee in his/her
permanent position shall continue.
I. During the period of work for higher pay in a higher classification, an employee will
retain his/her permanent classification, and anniversary and salary review dates will
be determined by time in that classification; except that if the period of work for
higher pay in a higher classification exceeds one 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
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SECTION 5 – SALARIES
employees appointed to the higher class immediately following termination of the
assignment shall remain unchanged.
J. Allowable overtime pay, shift differential and/or work location differentials will be
paid on the basis of the rate of pay for the higher class.
5.16 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the employee
for the preceding month; provided, however, that each employee (except those paid on an
hourly rate) may choose to receive an advance on the employee's monthly salary, in which
case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his warrant upon
the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the employee's
option, of the employee's basic salary of the previous month except that it shall not exceed
the amount of the previous month's basic salary less all requested or required deductions.
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 taken from the second installment, which is payable on the
tenth (10th) day of the following month.
5.17 Pay Warrant Errors. If an employee receives a pay warrant which has an error in
the amount of compensation to be received, and if this error occurred as a result of a
mistake by the Auditor-Controller's Office, it is the policy of the Auditor-Controller's Office
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and Holidays from the time the department is made aware
of and verifies that the pay warrant is in error.
Pay errors discovered by the County in employee pay shall be corrected as soon as
possible as to current pay rate but 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 a proposed repayment
schedule, the employee may accept the proposed repayment schedule or may request a
meeting through the County Human Resources Department. If requested, a meeting shall
be held to determine a repayment schedule which shall be no longer than three times (3)
the length of time the overpayment occurred.
SEIU 1021 R&F -16- 2016-2019
SECTION 6 - DAYS AND HOURS OF WORK
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Definitions
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week.
B. Alternate Work Schedule: An alternate work schedule is any work schedule where
an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 9/80, or 4/10 work schedule and where the employee is not
scheduled to work more than 40 hours in the "workweek" as defined in Subsections
F. and H., below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7)
day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four (44)
hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight (8)
hours in the forty-four (44) hour calendar week. In the forty-four (44) hour calendar
week, the employee works four (4) nine (9) hour days and one (1) eight (8) hour
day.
F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek begins
on the same day of the week as the employee’s eight (8) hour work day and
regularly scheduled 9/80 day off. The start time of the workweek is four (4) hours
and one (1) minute after the start time of the eight (8) hour workday. The end time
of the workweek is four (4) hours after the eight (8) hour workday start time. The
result is a workweek that is a fixed and regularly recurring period of seven (7)
consecutive twenty four (24) hour periods (168 hours).
H. Workweek for Twenty Four Hour (24) Facility Employees: For employees who
work in a twenty-four (24) hour facility in the Health Services Department and who
are not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and
ends at 12:00 midnight on Saturday.
SEIU 1021 R&F -17- 2016-2019
SECTION 6 - DAYS AND HOURS OF WORK
6.2 Staggered Work Schedule. The Department of Employment and Human Services
shall continue to operate a staggered work schedule plan. Office hours shall remain open
to the public from 8:00 a.m. to 5:00 p.m., Monday through Friday. Permanent full-time
employees shall have the option to select, subject to prior approval of the department, an
eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may
be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following
shall serve as the basic criteria for the staggered shift:
A. All employees must be present at their office or otherwise engaged in the duties of
their position during the core hours of 10:00 a.m. and 3:30 p.m.
B. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m.
C. The selected staggered work schedule shall consist of the same hours of work each
day except for when a schedule including one varying eight (8) hour workday is
necessary to provide "officer of the day" coverage or for other specific
circumstances in which the department determines that such a varying schedule is
appropriate. The decision of the Department Head or designee shall be final.
D. Lunch periods of one (1) or one half (1/2) hour shall be scheduled. In the event that
the employee desires to change the scheduled lunch hour from one (1) hour to one
half (1/2) hour, or from one half (1/2) hour to one (1) hour, that change must be
approved in advance by the Department Head or designee. Lunch periods shall be
taken within one (1) hour of the midpoint of the employee's scheduled workday.
E. Each work unit designated by placement under a single line supervisor shall have at
least one line worker in the office during the hours of 8:00 a.m. to 5:00 p.m. Each
such unit shall also have at least one additional line worker in the office or otherwise
engaged in the duties of their positions during the hours of 8:00 a.m. and 4:30 p.m.
There are two situations in which exceptions may be made to these minimum
coverage provisions. Units which are placed under a single supervisor but which
are split between two or more buildings may be clustered with another unit of a like
program function in the immediate work areas of the same building for the purpose
of maintaining minimum coverage during the time period between 4:30 p.m. and
5:00 p.m. A unit of three or fewer workers may be clustered with another unit of a
like program function in the immediate work area for the purpose of maintaining
minimum coverage, provided that the total number of workers in the units so
clustered shall not exceed eight (8).
F. Each employee's proposed staggered schedule must be submitted in writing and
approved by the Department Head or designee prior to implementation.
G. Changes in staggered schedules shall be requested in writing and must have the
approval of the Department Head or designee prior to implementation.
H. Conflicting requests for schedules shall be resolved by the Department Head whose
decision shall be final.
SEIU 1021 R&F -18- 2016-2019
SECTION 6 - DAYS AND HOURS OF WORK
I. In the event coverage within a location becomes temporarily reduced as a result of
scheduling revisions or absenteeism, employees will be expected to assure that the
necessary functions are performed, particularly the answering of telephones.
J. It is understood that an individual employee's schedule may be changed due to the
needs of the department.
K. In the event this staggered scheduling provision is found by the department to be
inconsistent with the needs of the department, the department shall so advise
representatives of Local 1021 and the County and the Union shall meet and confer
in an attempt to resolve the inconsistency.
The Public Health Division of the Health Services Agency shall institute, within clinic and
caseload requirements, a staggered hours work schedule plan in which permanent full-time
Social Workers and Eligibility Workers shall have the option to request, subject to prior
approval of the Department Head or designee, an eight (8) hour day, forty (40) hour
workweek schedule consisting of work hours which may be other than the normal 8:00 a.m.
to 5:00 p.m., Monday through Friday. The following shall serve as the basic criteria for
departmental approval:
A. All employees must be present at their office or otherwise engaged in the duties of
their position during the core hours of 9:00 a.m. to 4:00 p.m.
B. Work schedules must remain within the hours of 7:30 a.m. and 5:30 p.m. except for
specific assignments which may require work beyond those hours.
C. The selected staggered work schedule shall consist of the same eight (8) hour
workdays as is necessary to provide coverage during the hours of 8:00 a.m. to 5:00
p.m. The decision of the Department Head or designee shall be final.
D. Lunch periods of one (1) or one-half (1/2) hour shall be scheduled subject to the
approval of the Department Head or designee. In the event that the Social Worker
or Eligibility Worker desires to change the scheduled lunch hour from one (1) hour to
one-half (1/2) hour, or from one half (1/2) hour to one (1) hour, that change must be
approved in advance by the Department Head or designee.
E. Each proposed staggered schedule must be submitted in writing and approved by
the Department Head or designee prior to implementation.
F. Changes in staggered schedules shall be requested in writing and must have the
approval of the Department Head or designee prior to implementation.
G. Conflicting requests for schedules shall be resolved by the Department Head or
designee, and this decision shall be final.
H. In the event coverage within an area office becomes temporarily reduced as a result
of program changes, scheduling revisions, absenteeism, or reductions in staffing,
SEIU 1021 R&F -19- 2016-2019
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
the department may adjust Social Worker and Eligibility Worker schedules and/or
duties to assure that the necessary functions of the department are performed.
I. It is understood that an individual employee's schedule may be changed due to the
needs of the department.
J. In the event this staggered scheduling provision is found by the department to be
inconsistent with the needs of the department, the department shall so advise
representatives of Local 1021 and the County and the Union shall meet and confer
in an attempt to resolve the inconsistency.
6.3 Automated Timekeeping Implementation: The Union agrees to the
implementation of an Automated Timekeeping System.
6.4 Time Reporting/Time Stamping: Temporary and Permanent Intermittent (hourly)
employees must timestamp in and out as they begin their work shifts, finish their
work shifts, and take meal periods. Salaried employees will report time off and time
worked for special pays on the electronic timecard.
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
7.1 Overtime.
A. Permanent full-time and part-time employees will be paid overtime pay or overtime
compensatory time off for any authorized work performed:
1) in excess of forty (40) hours per week; or
2) in excess of eight (8) hours per day and that exceed the employee’s daily
number of scheduled hours. For example, an employee who is scheduled to
work ten (10) hours per day and who works eleven (11) hours on a particular
day will be paid one (1) hour of overtime.
Work performed does not include non-worked hours. Overtime pay is compensated at the
rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift
and any other special differentials). Any special differentials that are applicable during
overtime hours worked will be computed on the employee’s base rate of pay, not on the
overtime rate of pay.
Overtime for permanent employees is earned and credited in a minimum of one-tenth hour
(6 minute) increments and is compensated by either pay or compensatory time off.
B. Permanent Intermittent and temporary employees will be paid overtime pay for any
authorized work performed in excess of forty (40) hours per week or in excess of
eight (8) hours per day. Work performed does not include non-worked hours.
Overtime pay is compensated at the rate of one and one-half (1.5) times the
employee’s hourly base rate of pay (not including shift or any other special
SEIU 1021 R&F -20- 2016-2019
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
differentials). Any special differentials that are applicable during overtime hours
worked will be computed on the employee’s base hourly rate of pay, not on the
overtime rate of pay.
7.2 Compensatory Time.
A. Employees may elect to accrue compensatory time off in lieu of overtime pay.
Eligible employees who elect to receive compensatory time off must agree to do so
for a full fiscal year (July 1 through June 30). The employee must notify his/her
departmental payroll staff of any change in the election by May 31 of each year.
B. The names of those employees electing to accrue compensatory time off shall be
placed on a list maintained by the department. At time of appointment, newly
appointed employees may elect to accrue compensatory time off in lieu of overtime
pay by notifying the department on the approved form.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times
the actual authorized overtime hours worked by the employee.
A permanent part-time employee shall accrue compensatory time off at the rate of
one (1) hour for each hour worked in excess of the employee's regular workweek for
those hours which are not authorized overtime.
D. Employees may not accrue a compensatory time off balance that exceeds one
hundred twenty (120) hours (i.e. eighty (80) hours at time and one-half). Once the
maximum balance has been attained, authorized overtime hours worked will be paid
at the overtime rate. If the employee's balance falls below one hundred twenty (120)
hours, the employee shall again accrue compensatory time off for authorized
overtime hours worked until the employee's balance again reaches one hundred
twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the next fiscal year;
however, as provided in D. above, accrued compensatory time off balances may not
exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement between
the Department Head or his designee and the employee. Compensatory time off
shall not be taken when the employee would be replaced by another employee who
would be eligible to receive, for time worked, either overtime payment or
compensatory time accruals as provided for in this Section. This provision may be
waived at the discretion of the Department Head or his designee.
G. When an employee promotes, demotes or transfers from the classification eligible
for compensatory time off to another classification eligible for compensatory time off
within the same department, the employee's accrued compensatory time off balance
will be carried forward with the employee.
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SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
H. Compensatory time accrual balances will be paid off when an employee moves from
one department to another through promotion, demotion or transfer. Said payoff will
be made in accordance with the provisions and salary of the class from which the
employee is promoting, demoting or transferring as provided in I. below.
I. Since employees accrue compensatory time off at the rate of one and one-half (1-
1/2) hours for each hour of authorized overtime worked, accrued compensatory time
balances shall be paid off at the straight time rate (two-thirds (2/3) the overtime rate)
for the employee's current salary whenever:
1. the employee changes status and is no longer eligible for compensatory time off;
2. the employee promotes, demotes or transfers to another department;
3. the employee separates from County service;
4. the employee retires;
5. the employee is granted a leave of absence.
J. Compensatory time off shall be taken in increments of one (1) minute.
K. The Office of the County Auditor-Controller will establish timekeeping procedures to
administer this section.
7.3 Part-Time Differential. If an employee in the Department of Employment and
Human Services, assigned to a permanent part-time position, is requested to work on
his/her scheduled day off after the scheduled office hours, such employee shall receive, in
addition to their regular base rate of pay, a differential of one-half (½) their regular base
rate of pay
7.4 Straight Time Pay and Straight Time Compensatory Time.
A. Permanent full-time and part-time employees are eligible to receive straight time
pay or straight time compensatory time off for hours worked in excess of the
employee’s daily number of scheduled hours that do not qualify for overtime pay
as described in section 7.1, above.
B. Straight time pay is calculated at the rate of one (1.0) times the employee’s base
rate of pay (not including differentials or shift pays).
C. Straight time compensatory time off is accrued at the rate of one (1.0) times the
number of straight time hours worked as defined in 7.4.A. above. The election of
compensatory time off for overtime hours in lieu of overtime pay means that the
employee also elects to receive compensatory time off for straight time hours in lieu
of straight time pay. An employee cannot elect to receive straight time
compensatory time off for straight time hours if the employee does not also elect to
receive compensatory time off for overtime hours, and vice versa. For employees
SEIU 1021 R&F -22- 2016-2019
SECTION 8 - CALL BACK TIME PAY
who receive straight time compensatory time off in lieu of straight time pay, except
as otherwise set forth in this section 7.4, the rules for administration of
compensatory time off described in section 7.2, above, apply to straight time
compensatory time off.
SECTION 8 - CALL BACK TIME PAY
A. A permanent full-time and permanent part-time employee who is called back to duty
will be paid for Call Back Time. Call Back Time occurs when an employee is not
scheduled to work and is not on County premises, but is called back to work on
County premises or for a County work assignment. An employee called back to
work will be paid Call Back Time Pay at the rate of one and one-half (1.5) times
his/her base rate of pay (not including differentials) for the actual Call Back Time
hours worked plus one (1) hour. An employee called back to work will be paid a
minimum of two (2) hours for each Call Back Time event.
B. Effective January 1, 2015, permanent full-time and part-time employees in the
classifications of Social Casework Specialist I (X0WB) and Social Casework
Specialist II (X0VB) who are assigned to the Emergency Response Program (Org.
Number 5216) and are contacted by telephone during their on-call duty, will not
receive any additional pay if the cumulative total of the telephone conversations
does not exceed thirty (30) minutes per on-call shift. If the telephone conversations
exceed a cumulative total of thirty (30) minutes up to a maximum of sixty (60)
minutes per on-call shift, the employee will be paid telephone call back pay at one
and one-half (1.5) times the employee’s regular rate of pay in one minute
increments up to a maximum of sixty (60) minutes. If the telephone conversations
exceed a cumulative total of sixty (60) minutes per on-call shift, the employee will be
paid Call Back Time in accordance with Section 8.A. above.
SECTION 9 – ON-CALL DUTY
A permanent full-time or part-time employee assigned to On-Call Duty is paid one (1) hour
of straight time pay for each four (4) hours designated as on-call duty. If an employee’s on-
call duty hours are not in increments of four (4) hours, the on-call duty hours will be pro-
rated. For example, if the employee is assigned to on-call duty for six (6) hours, the
employee would receive one and one-half (1.5) hours of straight time pay for the six (6)
hours of designated on-call duty (6 hours ÷ 4 hours=1.5 hrs.). If an employee is called
back to work while assigned to on-call duty, the employee will be paid for the total assigned
on-call duty hours regardless of when the employee returns to work. An employee is
considered assigned to on-call duty if all of the following criteria are met:
a. A permanent full-time or part-time employee is not scheduled to work on County
premises, but is required to report to work immediately if called. The employee must
provide his/her supervisor with current contact information so that the supervisor can
reach the employee with ten (10) minutes or less notice.
SEIU 1021 R&F -23- 2016-2019
SECTION 10 – SHIFT DIFFERENTIAL
b. The Department Head designates and approves those permanent full-time or part-
time employees who will be assigned to on-call duty and such decision is final.
SECTION 10 – SHIFT DIFFERENTIAL
A. Permanent full-time and permanent part-time employees:
1. Permanent full-time and permanent part-time employees will be paid a shift
differential of five percent (5%) for the employee’s entire scheduled shift
when the employee is scheduled to work for four (4) or more hours between
5:00p.m. and 9:00a.m.
2. In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on
the day the shift is scheduled to begin. Hours worked in excess of the
employee’s scheduled workday will count towards qualifying for the shift
differential, but the employee will not be paid the shift differential on any
excess hours worked.
3. Employees who commence a vacation, paid sick leave period, paid disability
or other paid leave immediately after working a shift that qualifies for the shift
differential, will have the shift differential included in computing the pay for
their time on paid leave. Employees on a rotating shift schedule who
commence a vacation, paid sick leave, paid disability, or other paid leave will
be paid the shift differential that they would have received had the employees
worked the scheduled shift during the period of paid leave. Shift differential
shall only be paid during paid sick leave and paid disability leave as provided
above for the first thirty (30) calendar days of each absence.
B. Permanent Intermittent and Temporary employees:
1. Permanent Intermittent and temporary employees will be paid a shift
differential of five percent (5%) for a maximum of eight (8) hours per work
day and/or forty (40) hours per workweek when the employee works four (4)
or more hours between 5:00p.m. and 9:00a.m.
2. In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on
the day the shift is scheduled to begin. Hours worked in excess of eight (8)
hours in a workday will count towards qualifying for the shift differential, but
the employee will not be paid the shift differential on any excess hours
worked.
SEIU 1021 R&F -24- 2016-2019
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding
occur in a department or are expected, which may result in layoffs, the department will
notify the union and take the following actions:
a. Identify the classification(s) in which position reductions may be required due
to funding reductions or shortfalls.
b. Advise employees in those classifications that position reductions may occur
in their classifications.
c. Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by possible position
reductions when such leaves can be accommodated by the department.
d. Consider employee requests to reduce their position hours from full-time to
part-time to alleviate the impact of the potential layoffs.
e. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs
within the department, as well as to other departments not experiencing
funding reductions or shortfalls when it is a viable operational alternative for
the department(s).
f. Review various alternatives which will help mitigate the impact of the layoff
by working through the Tactical Employment Team (TET) program 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 Manager
that the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify
the Union of the possibility of such layoffs and shall meet and confer with the
Union regarding the implementation of the action.
SEIU 1021 R&F -25- 2016-2019
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
11.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the
merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as the
Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full-time employee may displace an
employee in the department having less seniority in the same class who
occupies permanent intermittent or permanent part-time position, the least
senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who had
achieved permanent status in a class at the same or lower salary level as
determined by the salary schedule in effect at the time of layoff may displace
within the department and in the class an employee having less seniority; the
least senior employee being displaced first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respectively.
2. A permanent full-time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class as provided in Section
11.2.C.1 or, 2) in a class of the same or lower salary level as provided in
Section 11.2.C.2 if no full-time employee in a class at the same or lower
salary level has less seniority than the displacing employees.
3. Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of a
proposed layoff with the written approval of the Human Resources Director or
designee retain their permanent full-time employee seniority rights for layoff
purposes only and may in a later layoff displace a full-time employee with
less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
the same or higher salary levels as determined by the salary schedule in effect at
the time of layoff. Employees reallocated or transferred without examination from
SEIU 1021 R&F -26- 2016-2019
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
one class to another class having a salary within five percent of the former class,
shall carry the seniority accrued in the former class into the new class. Employees
reallocated to a new deep class upon its initiation or otherwise reallocated to a deep
class because the duties of the position occupied are appropriately described in the
deep class shall carry into the deep class the seniority accrued or carried forward in
the former class and seniority accrued in other classes which have been included in
the deep class.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a permanent
position within the employee's layoff eligibility. Approved leaves of absence as
provided for in these rules and regulations shall not constitute a period of
separation. In the event of ties in seniority rights in the particular class in question,
such ties shall be broken by length of last continuous permanent County
employment. If there remain ties in seniority rights, such ties shall be broken by
counting total time in the department in permanent employment. Any remaining ties
shall be broken by random selection among the employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off,
has been displaced, has been demoted by displacement or has voluntarily demoted
in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement,
the person's name shall be placed on the layoff list for the class of positions from
which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid
off, displaced, or demoted as a result of a layoff or displacement, or who have
voluntarily demoted 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 permanent County employment with remaining ties broken
by random selection among the employees involved.
H. Duration of Layoff & Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two (2)
years. Persons placed on layoff lists shall continue on the appropriate list for a
period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of
person(s) laid off, displaced or demoted by displacement or voluntarily demoted in
lieu of layoff or displacement 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,
SEIU 1021 R&F -27- 2016-2019
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
the appointing authority shall receive and appoint the eligible highest on the layoff
list who shall be subject to a probationary period. A person employed from a layoff
list shall be appointed at the same step of the salary range the employee held on the
day of layoff.
J. Removal of Names from Layoff Lists. The Human Resources Director may remove
the name of any eligible from a 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 permanent appointment to the class for which the eligible
list was established have been declined by the eligible.
A single offer is defined as an offer of all the permanent positions that are
available at that time. A rejection of all of those offered positions constitutes
a single declination.
5. If the eligible fails to respond to the Human Resources Director or the
appointing authority within ten (10) days to written notice of certification
mailed to the person's last known address.
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. However, if the first permanent appointment of a person on a layoff
list is to a lower class which has a top step salary lower than the top step of
the class from which the person was laid off, the name of the person shall not
be removed from the layoff list.
K. Removal of Names from Reemployment and Layoff Certifications. The Human
Resources Director may remove the name of any eligible from a reemployment or
layoff certification if the eligible fails to respond within five (5) days to a written notice
of certification mailed to the person's last known address.
11.3 Notice. The County will give employees scheduled for layoff at least ten (10) work
days notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a Tactical Employment Team
(TET) employment pool which will include the names of all laid off County employees. The
names of employees who remain County employees but who have been displaced or who
have demoted as a result of a layoff or displacement, or who have voluntarily demoted or
transferred in lieu of layoff or displacement will also be included in the TET employment
SEIU 1021 R&F -28- 2016-2019
SECTION 12 - HOLIDAYS
pool. 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). The
name of any person included in the TET employment pool shall continue to be in the pool
for a period of four (4) years, unless the employee’s name is removed from the layoff list,
which will cause the employee’s name to be removed from the TET pool as well.
Employees in the TET employment pool shall be guaranteed a job interview for any vacant
funded position for which they meet minimum qualifications. If there are more than five
such employees who express an interest for one vacant funded position, the five most
senior employees shall be interviewed. Seniority for this subsection shall be County
seniority.
11.5 Reassignment of Laid Off Employees. Employees who displaced within the same
classification from full-time to part-time or intermittent status in a layoff, or who voluntarily
reduced their work hours to reduce the impact of layoff, or who accepted a position of
another status than that from which they were laid off upon referral from the layoff list, may
request reassignment back to their pre-layoff status (full time or part-time or increased
hours). The request must be in writing in accord with each department's reassignment bid
or selection process. Employees will be advised of the reassignment procedure to be
followed to obtain reassignment back to their former status at the time of the workforce
reduction. The most senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when a more senior laid off individual
remains on the layoff list and has not been appointed back to the class from which laid off,
a referral from the layoff list will be made to fill the vacancy.
SECTION 12 - HOLIDAYS
12.1 Holidays and Personal Holiday Credit. The County will observe the following
holidays:
A. January 1st, known as New Year's Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans’ Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
1. Any holiday observed by the County that falls on a Saturday is observed
on the preceding Friday, and any holiday that falls on a Sunday is
observed on the following Monday.
SEIU 1021 R&F -29- 2016-2019
SECTION 12 - HOLIDAYS
2. For employees who work in twenty-four (24) hour facilities and who are
assigned to work on a holiday, any holiday that falls on a Saturday will be
observed on a Saturday, and any holiday that falls on a Sunday will be
observed on a Sunday.
B. Effective January 1, 2012, each full-time employee will accrue four (4) hours of
personal holiday credit per month. Such personal holiday time may be taken in one
(1) minute increments, and preference of personal holidays will be given to
employees according to their seniority in their department as reasonably as
possible.
C. Employees will accrue their personal holiday credit during months they are in pay
status provided however that no employee may accrue more than forty (40) hours of
personal holiday credit. On separation from County service, an employee will be
paid for any unused personal credits at the employee's then current pay rate.
D. Effective January 1, 2012, employees who work in twenty-four (24) hour facilities
will, in addition to those holidays specified in Section 12.1A, observe Admission day
on September 9, Columbus Day on the second Monday in October, and Lincoln's
Day on February 12 as holidays, but will not accrue the four (4) hours per month of
personal holiday credit referenced in Section 12.1.B above, but will accrue two (2)
hours per month of personal holiday credit. No employee may accrue more than
forty (40) hours of personal holiday credit. On separation from County service, an
employee will be paid for any unused personal holiday credits at the employee's
then current pay rate.
E. Effective July 1, 2014, employees in safety classifications represented by Local
1021 who are assigned to work in twenty-four (24) hour facilities will not accrue the
two (2) hours per month of personal holiday credit referenced in Section 12.1.D.,
above.
F. Effective July 1, 2014, employees in safety classifications represented by Local
1021 will not accrue the four (4) hours per month of personal holiday credit
referenced in Section 12.1.B., above, but will accrue two (2) hours per month of
personal holiday credit. Such personal holiday credit may be taken in increments of
one (1) minute, and preference for the use of personal holiday credit will be given to
employees according to their seniority in their department as reasonably as
possible. No employee may accrue more than forty (40) hours of personal holiday
credit. On separation from County service, an employee will be paid for any unused
personal holiday credits at the employee’s then current pay rate.
12.2 Holiday is Observed (NOT WORKED)
A. Full Time Employees:
1. Holidays Observed – Full Time Employees: Full time employees on
regular, 4/10, 9/80, flexible, and alternate work schedules are entitled to
SEIU 1021 R&F -30- 2016-2019
SECTION 12 - HOLIDAYS
observe a holiday (eight (8) hours off), without a reduction in pay, whenever a
holiday is observed by the County.
2. Holidays Observed on Regular Day off of Full Time Employees on 4/10,
9/80, Flexible, and Alternate Work Schedule: When a holiday is observed
by the County on the regularly scheduled day off of an employee who is on a
4/10, 9/80, flexible, or alternate work schedule, the employee is entitled to
take eight (8) hours off, without reduction in pay, in recognition of the holiday.
The employee is also entitled to receive eight (8) hours of flexible pay at the
rate of 1.0 times his/her base rate of pay (not including differentials) or
flexible compensatory time in recognition of his/her regularly scheduled day
off.
3. Holiday Observed- Full Time Employee Scheduled in Excess of Eight (8)
hours: When a holiday falls on an employee’s regularly scheduled workday,
the employee is entitled to only eight (8) hours off without a reduction in pay.
If the workday is a nine (9) hour day, the employee must use one (1) hour of
non-sick leave accruals. If the workday is a ten (10) hour day, the employee
must use two (2) hours of non-sick leave accruals. If the employee does not
have any non-sick leave accrual balances, leave without pay (AWOP) will be
authorized.
4. Holiday Observed- Full Time Employees Scheduled for Less than Eight
(8) hours: When a full-time employee is scheduled to work less than eight
(8) hours on a holiday and the employee observes the holiday, the employee
is also entitled to receive flexible pay at the rate of one (1.0) times his/her
base rate of pay (not including differentials) for the difference between eight
(8) hours and the hours the employee was scheduled to work on the holiday.
B. Part Time Employees:
1. Holidays Observed – Part Time Employees: When a holiday is observed
by the County, each part time employee is entitled to observe the holiday in
the same ratio as his/her number of position hours bears to forty (40) hours,
multiplied by eight (8) hours, without a reduction in pay. For example, a part
time employee whose position hours are 24 per week is entitled to 4.8 hours
off work on a holiday (24/40 x 8 = 4.8). Hereafter, the number of hours
produced by this calculation will be referred to as the “part time employee’s
holiday hours.”
2. Holiday Observed on Regular Day off of Part Time Employees: When a
holiday is observed by the County on the regularly scheduled day off of a part
time employee, the part time employee is entitled to observe the holiday in
the amount of the “part time employee’s holiday hours,” without a reduction in
pay, in recognition of the holiday. The employee is also entitled to received
flexible pay at the rate of 1.0 times his/her base rate of pay (not including
differentials) or flexible compensatory time, in the amount of the “part time
employee’s holiday hours” in recognition of his/her scheduled day off.
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SECTION 12 - HOLIDAYS
3. Holiday Observed- Part Time Employees Scheduled to Work in Excess
of “Part Time Employee’s Holiday Hours”: When the number of hours in
a part time employee’s scheduled work day that falls a holiday is more than
the employee’s “part time employee’s holiday hours,” the employee must use
non-sick leave accruals for the difference between the employee’s scheduled
work hours and the employees “part time employee’s holiday hours.” If the
employee does not have any non-sick leave accrual balances, leave without
pay (AWOP) will be authorized.
4. Holiday Observed- Part Time Employees Scheduled to Work Less than
“Part Time Employee’s Holiday Hours”: When the number of hours in a
part time employee’s scheduled work day that fall on a holiday is less than
the employee’s “part time employee’s holiday hours,” the employee is also
entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay
(not including differentials) for the difference between the employee’s
scheduled work hours and the employee’s “part time employee’s holiday
hours.”
12.3 – Holiday is WORKED.
A. Full Time Employees:
1. Holiday Falls on Regularly Scheduled Work Day of Full Time Employees
on Regular, 4/10, 9/80, Flexible, and Alternate Work Schedules: When a
full time employee works on a holiday that falls on the employee’s regularly
scheduled work day, the employee is entitled to receive his/her regular
salary. The employee is also entitled to receive holiday pay at the rate of one
and one half (1.5) times his/her base rate of pay (not including differentials)
or holiday compensation time at the same rate, for all hours worked up to a
maximum of eight (8) hours. This provision applies to the regular, 4/10, 9/80,
flexible, and alternate work schedules.
2. Holiday Worked- Full Time Employee Scheduled less than Eight (8)
hours on Regularly Scheduled Work Day: When a full time employee is
scheduled to work less than eight (8) hours on a holiday (hereafter referred to
as “full time employee short shift”), and the employee works that full time
employee short shift, the employee is also entitled to receive flexible pay at
the rate of 1.0 times his/her base rate of pay (not including differentials) or
flexible compensatory time for the difference between eight (8) hours and the
employee’s scheduled full time employee short shift hours.
3. Holiday Falls on Regularly Scheduled Day Off of Full Time Employees
on 4/10, 9/80, Flexible, and Alternate Work Schedules: When a full time
employee works on a holiday that falls on the employee’s regularly scheduled
day off, the employee is entitled to receive his/her regular salary. The
employee is also entitled to receive overtime pay at the rate of one and one
half (1.5) times his/her base rate of pay (not including differentials) or
SEIU 1021 R&F -32- 2016-2019
SECTION 12 - HOLIDAYS
compensation time at the same rate for all hours worked on the holiday. The
employee is also entitled to receive eight (8) hours of flexible compensatory
time or pay, at the rate of 1.0 times his/her base rate of pay, in recognition of
his/her scheduled day off. This provision only applies to employees on 4/10,
9/80, flexible, and alternate work schedules.
B. Part Time Employees:
1. Holiday Falls on Regularly Scheduled Work Day: When a part time
employee works on a holiday that falls on the employee’s scheduled work
day, the part time employee is entitled to receive his/her regular salary. The
part time employee is also entitled to receive holiday pay at the rate of one
and one half (1.5) times his/her base rate of pay (not including differentials)
or holiday compensatory time for all hours worked on the holiday, up to a
maximum of the “part time employee’s holiday hours.”
2. Holiday Worked- Part Time Employee Scheduled for Less than “Part
Time Employee’s Holiday Hours” on Regularly Scheduled Work Day:
When a part time employee is scheduled to work less than the employee’s
“part time employee’s holiday hours” on a holiday (hereafter referred to as
“part time employee short shift”), and the employee works that part time
employee short shift, the employee is also entitled to receive flexible pay at
the rate of 1.0 times his/her base rate of pay (not including differentials) or
flexible compensatory time for the difference between the “part time
employee’s holiday hours” and the part time employee short shift hours.
3. Holiday Worked- Part Time Employee Scheduled to Work in Excess of
“Part Time Employee’s Holiday Hours” on Regularly Scheduled Work
Day: When a part time employee is scheduled to work more than his/her
“part time employee’s holiday hours” on a holiday (hereafter referred to as
“part time employee long shift”), and the employee works more than the part
time employee long shift hours, the employee is entitled to receive straight
time pay at the rate of 1.0 time his/her base rate of pay (not including
differentials) or compensatory time up to eight (8) hours. When a part-time
employee works more than his/her part time employee long shift hours and
beyond eight (8) hours, the part time employee is entitled to receive overtime
pay at the rate of one and one half (1.5) times his/her base rate of pay (not
including differentials) or compensatory time for all hours worked beyond the
part time employee long shift hours that exceed eight (8) hours.
4. Holiday Falls on Regularly Scheduled Day Off of Part Time Employee:
When a part time works on a holiday that falls on the employee’s regularly
scheduled day off, the employee is entitled to receive his/her regular salary.
The part time employee is also entitled to receive overtime pay at the rate of
one and one half (1.5) his/her base rate of pay (not including differentials) or
compensatory time for all hours worked on the holiday, up to a maximum of
the amount the “part time employee’s holiday hours.”
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SECTION 12 - HOLIDAYS
5. Holiday Worked- Regularly Scheduled Day off in Excess of “Part Time
Employee’s Holiday Hours”: If a part time employee works more than the
“part time employee’s holiday hours,” the part time employee is also entitled
to receive compensatory time or straight time pay at the rate of 1.0 times
his/her base rate of pay (not including differentials) for all hours worked up to
a maximum of eight (8) hours. If a part time employee works more than eight
(8) hours on the holiday, the part time employee is entitled to receive
overtime pay at the rate of one and one half (1.5) times his/her base rate of
pay (not including differentials) or compensatory time for all hours worked
beyond eight (8) hours. The part time employee is also entitled to receive
flexible pay at the rate of 1.0 times his/her base rate of pay (not including
differentials) multiplied by the amount of the “part time employee’s holiday
hours” or flexible compensatory time in recognition of his/her scheduled day
off.
6. Holiday Worked- Regularly Scheduled Day off Less Than “Part Time
Employee’s Holiday Hours”: If a part-time employee works a part time
employee short shift on his/her regularly scheduled day off, the employee is
also entitled to receive flexible pay at the rate of 1.0 time his/her base rate of
pay (not including differentials) or flexible compensatory time for the
difference between the part time employee’s short shift hours and the “part
time employee’s holiday hours.”
12.4 Holiday and Compensatory Time Provisions.
A. Maximum Accruals of Holiday Compensatory Time: Holiday compensatory time
may not be accumulated in excess of two hundred eighty-eight (288) hours. After
two hundred eighty-eight (288) hours are accrued by an employee, the employee
will receive holiday pay at the rate of one and one half (1.5) times his/her base rate
of pay. Holiday compensatory time may be taken at those dates and times
determined by mutual agreement of the employee and the Department Head or
designee.
B. Pay Off of Holiday Compensatory Time: Holiday compensatory time will be paid
off only upon a change in status. A change in status includes separation, transfer to
another department, reassignment to a permanent-intermittent position, or transfer,
assignment, or promotion into a position that is not eligible for holiday compensatory
time.
C. Maximum Accruals of Flexible Compensatory Time: Flexible compensatory time
may not be accumulated in excess of two hundred eighty-eight (288) hours. After
two hundred eighty-eight (288) hours are accrued by an employee, the employee
will receive flexible pay at the rate of 1.0 times his/her base rate of pay. Flexible
compensatory time may be taken on those dates and times determined by mutual
agreement of the employee and the Department Head or designee.
D. Pay Off of Flexible Compensatory Time: Flexible compensatory time will be paid
off only upon a change in status. A change in status includes separation, transfer to
SEIU 1021 R&F -34- 2016-2019
SECTION 13 – VACATION LEAVE
another department, reassignment to a permanent-intermittent position, or transfer
assignment, or promotion into a position that is not eligible for flexible compensatory
time.
E. Employees who elect to receive flexible compensatory time or holiday compensatory
time credit must agree to do so for a full fiscal year (July 1 through June 30). The
employee must notify his/her departmental payroll staff of any change in the election
by May 31 of each year.
12.5 Permanent-Intermittent Employees: Permanent-Intermittent employees who work
on a holiday will be paid overtime pay at the rate of one and one half (1.5) time his/her base
rate of pay (not including differentials) for a maximum of eight (8) hours worked on the
holiday.
SECTION 13 – VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month of
service and begins on the date of appointment to a permanent position. Increased accruals
begin on the first of the month following the month in which the employee qualifies. Accrual
for portions of a month shall be in minimum amounts of one (1) hour calculated on the
same basis as for partial month compensation pursuant to Section 5.7 – Compensation for
Portion of Month of this MOU. Vacation may be taken in increments of one (1) minute and
may not be rounded. Vacation credits 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.
13.2 Vacation Accrual Rates.
Length of Service
Monthly
Accrual Hours
Maximum
Cumulative Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Employees in permanent part-time and permanent-intermittent positions shall accrue
vacation benefits on a pro rata basis as provided in Section 36-1.006 of Board Resolution
No. 81/1165.
A. Vacation Accrual Increases for Employees Hired on and before June 30, 2009:
Employees with a first of the month Service Award Date: Each employee with a
Service Award Date that is on the first day of a month is eligible to accrue increased
vacation hours on his/her Service Award Date.
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SECTION 13 – VACATION LEAVE
Example:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reaches 20 years of service on January 1, 2008.
3. January 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s February 10, 2008
pay warrant.
Employees NOT with a first of the month Service Award Date: Each employee whose
Service Award Date is NOT on the first day of a month is eligible to accrue increased
vacation hours on the first day of the month following the employee's Service Award Date.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66
hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s April 10, 2007 pay
warrant.
B. Vacation Accrual Increases for Employees Hired on and after July 1, 2009:
Each employee hired on and after July 1, 2009 is eligible to accrue increased vacation
hours on the first day of the month following the employee's Service Award Date.
Example One:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reached 20 years of service on January 1, 2008.
3. February 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s March 10, 2008, pay
warrant.
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SECTION 14 – SICK LEAVE
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66
hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s April 10, 2007, pay
warrant.
C. Service Award Date Defined: An employee’s Service Award Date is the first day of
his/her temporary, provisional, or permanent appointment to a position in the
County. If an employee is first appointed to a temporary or provisional position and
then later appointed to a permanent position, the Service Award Date for that
employee is the date of the first day of the temporary or provisional appointment.
13.3 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or unpaid military leave shall accrue any vacation credit during the time of such
leave, nor shall an employee who is absent without pay accrue vacation credit during the
absence.
13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's then
current pay rate.
13.5 Vacation Preference. Preference of vacation shall be given to employees
according to their seniority in their department as reasonably as possible.
SECTION 14 – SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or injury. It
is a benefit extended by the County and may be used only as authorized; it is not paid time
off which employees may use for personal activities.
14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate
of eight (8) working hour’s credit for each completed month of service, as prescribed by
County Salary Regulations and memoranda of understanding. 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 (1) minute
increments and may not be rounded.
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SECTION 14 – SICK LEAVE
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 reemployed in a permanent position within the
period of lay off eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement time on the basis on one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary
purpose of paid sick leave is to ensure employees against loss of pay for temporary
absences from work due to illness or injury. The following definitions apply:
"Immediate Family" means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent,
grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, or stepsister,
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" means any person employed by Contra Costa County in an allocated position
in the County service.
"Paid Sick Leave Credits" means those sick leave credits provided for by County Salary
Regulations and memoranda of understanding.
"Condition/Reason" With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or verified,
a brief statement in non-technical terms from the employee regarding inability 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:
SEIU 1021 R&F -38- 2016-2019
SECTION 14 – SICK LEAVE
1. An application for retirement due to disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within 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 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. Except as set forth in Section 14.3 H Baby/Child Bonding, 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.
SEIU 1021 R&F -39- 2016-2019
SECTION 14 – 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. Baby/Child Bonding. Upon the birth or adoption of a child, an employee
eligible for baby-bonding leave pursuant to the California Family Rights Act
may use sick leave credits for such baby-bonding 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.
14.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the Department Head. The following procedures apply:
A. Employee Responsibilities.
1. Employees are responsible for notifying their department of an
absence prior to the commencement of their work shift or as soon
thereafter as possible. Notification shall include the reason and
possible duration of the absence.
SEIU 1021 R&F -40- 2016-2019
SECTION 14 – SICK LEAVE
2. Employees are responsible for keeping their department informed on
a continuing basis of their condition and probable date of return to
work.
3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific locations and/or persons
the department may contact to verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied if
these procedures are not followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action. Departmental approval of sick
leave is a certification of the legitimacy of the sick leave claim. The
Department Head or designee may make reasonable inquiries about
employee absences. The department may require medical verification for an
absence of three (3) or more working days. The department may also
require medical verification for absences of less than three (3) working days
for probable cause if the employee had been notified in advance in writing
that such verification was necessary. Inquiries may be made in the following
ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification
was not made in accordance with departmental sick leave call-in
guidelines. These inquiries shall be subject to any restrictions
imposed by the employee under Section 14.4.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 statement of progress and anticipated date on
which the employee will be able to return to work, as specified above.
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SECTION 14 – SICK LEAVE
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 Director of Human Resources 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.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of l937. An appointing authority after giving notice may place an
employee on leave if the appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority believes to be
temporarily or permanently physically or mentally incapacitated for the performance
of the employee's duties.
B. An appointing authority who has reasonable cause to believe that there are physical
or mental health conditions present in an employee which endanger the health or
safety of the employee, other employees, or the public, or which impair the
employee's performance of duty, may order the employee to undergo at County
expense and on the employee's paid time, a physical, medical examination by a
licensed physician and/or a 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 Director of Human Resources
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two weeks in duration, the appointing
authority may order the employee to undergo at County expense a physical,
medical, and/or psychiatric examination by a licensed physician, and may consider a
report of the findings on such examination. If the report shows that such employee
is physically or mentally incapacitated for the performance of duty, the appointing
authority may take such action as he deems necessary in accordance with
appropriate provisions of this MOU.
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SECTION 14 – SICK LEAVE
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;
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) workdays 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)
workdays to respond to the appointing authority either orally or in writing before the
proposed action may be taken.
H. After having complied with the notice requirements above, the appointing authority
may order the leave of absence or suspension in writing stating specifically the basis
upon which the action is being taken, delivering the order to the employee either
personally or by certified mail, effective either upon personal delivery or deposit in
the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
order, appeal the order in writing through the Director of Human Resources to the
Merit Board. Alternatively, the employee may file a written election with the Director
of Human Resources waiving the employee's right to appeal to the Merit Board in
favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator,
the employee has the burden of proof to show that either:
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
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SECTION 14 – SICK LEAVE
sufficient to endanger the health or safety of the employee, other employees,
or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the
Director of Human Resources to the Merit Board for hearing under the Merit Board's
Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in
such hearings shall remain confidential information and shall not be a part of the
public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
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.
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.
M. It is understood that the benefits specified in Sections 14 and 15 shall be
coordinated with the rehabilitation program as determined by the labor-management
committee.
14.6 Workers' Compensation. A permanent non-safety employee shall continue to
receive the appropriate percent regular monthly salary, for all accepted claims filed before
January 1, 2000, during any period of compensable temporary disability absence not to
exceed one year. For all accepted claims filed with the County on or after January 1, 2000,
the percentage of pay for employees entitled to Workers’ Compensation shall be decreased
from 87% to 86%. For all accepted claims filed with the County on or after January 1, 2007,
the percentage of regular monthly salary for employees entitled to Workers’ Compensation
shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted
claims filed with the County on or after January 1, 2008, the percentage of regular monthly
salary for employees entitled to Workers’ Compensation shall be decreased from eighty
percent (80%) to seventy-five percent (75%). This provision excludes those safety
employees entitled to benefits as defined under the Workers' Compensation Laws of
California, Labor Code Section 4850. If Workers' Compensation becomes taxable, the
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County agrees to restore the original benefit level (100% of monthly salary) and the parties
shall meet and confer with respect to funding the increased cost.
A. Employees who leave work as a result of an on-the-job injury will have the balance
of that day charged to continuing pay. This will be considered as the last day
worked for purposes of determining Workers' Compensation benefits. A permanent
employee shall receive the authorized percentage of regular salary during any
period of compensable temporary disability absence. "Compensable temporary
disability absence" for the purpose of this Section, is any absence due to work-
connected disability which qualifies for temporary disability compensation as set
forth in Part 2, Article 3 of the Workers’ Compensation Laws of California. When
any disability becomes permanent, the salary provided in this Section shall
terminate. The employee shall return to the County all temporary disability
payments received by him/her from any County funded wage replacement program.
No charge shall be made against sick leave or vacation for these salary payments.
Sick leave and vacation rights shall not accrue for those periods during which salary
payments are made.
The maximum period for the described salary continuation for any one injury or
illness shall be one year from the date of temporary disability.
B. Continuing Pay. A permanent employee shall receive the appropriate percentage
as outlined above of regular monthly salary during any period of compensable
temporary disability not to exceed one year. Payment of continuing pay and/or
temporary disability compensation shall be made in accordance with Part 2, Article 3
of the Workers’ Compensation Laws of California. “Compensable temporary
disability absence” for the purpose of this Section, is an absence due to work-
connected disability which qualifies for temporary disability compensation as set
forth in Part 2, Article 3 of the Workers’ Compensation Laws of California.
When any disability becomes medically permanent and stationary and/or reaches
maximum medical improvement, 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 one 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 and/or reaches maximum medical improvement, or until one
(1) year of continuing pay, whichever comes first provided the employee remains in
an active employed status. Continuing pay is 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.
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C. Full Pay Beyond One Year. If an injured employee remains eligible for temporary
disability beyond one (1) year, the authorized salary will continue by integrating sick
leave and/or vacation accruals with Workers' Compensation benefits. If salary
integration is no longer available, Workers' Compensation benefits will be paid
directly to the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation Rehabilitation Temporary Disability benefits and whose disability is
medically permanent and stationary and/or reaches maximum medical
improvement, will continue to receive his/her applicable salary by integrating sick
leave and/or vacation accruals with Workers' Compensation Rehabilitation
Temporary Disability benefits until those accruals are exhausted. Thereafter, the
rehabilitation temporary disability benefits will be paid directly to the employee.
E. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
F. Method of Integration. An employee's sick leave and/or vacation charges shall be
calculated as follows:
C = 8 [1 - (W ÷ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.7 Leave Without Pay. No employee who has been granted a leave without pay or
unpaid military leave shall accrue any sick leave credits during the time of such leave, nor
shall an employee who is absent without pay accrue sick leave credits during the absence.
14.8 State Disability Insurance (SDI). Effective July 1, 1994, the County will begin a
six-month pilot program for employees eligible for State Disability benefits. At the end of
the six (6) month pilot program, the County will meet and confer to evaluate whether the
plan will be continued. Employees eligible for SDI benefits will be required to make
application for SDI benefits and to have those benefits integrated with the use of their sick
leave accruals on the following basis:
14.9 General Provisions. The California SDI program provides disability benefits
beginning on the eighth (8) calendar day of a qualifying disability unless the employee is
hospitalized. Upon hospitalization, benefits can be payable from the first day of the
disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable
from the first day of the disability. The maximum period of state disability payments is up to
one (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 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
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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.
14.10 Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual usage
with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the department shall automatically use 0.1 hour of sick leave
per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration with the SDI benefit terminates.
An employee may use any other accruals without reference to or integration with the SDI
benefit.
When the SDI benefit is exhausted, sick leave integration terminates. Then the employee
may use sick leave or other accruals.
Employees with no sick leave balance at the beginning of the disability integration period
may use any other accruals without reference to or integration with the SDI benefit.
Employees whose SDI claims are denied must present a copy of their claim denial to their
department. The department will then authorize use of unused sick leave and shall
authorize the use of other accruals as appropriate.
Employees may contact the Human Resources Department, Benefits Division, for
assistance in resolving problems.
14.11 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave,
the employee's sick leave accrual charges while receiving SDI benefits shall be calculated
each month.
The amount of sick leave charged each employee will be calculated in the following
manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to the
daily hours in the employee's schedule and that number of sick leave hours will be charged
against the employee's sick leave accruals.
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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 = Estimated Monthly SDI Benefit [D = (W ÷ 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees and those full-time employees
working a light/limited duty reduced schedule program shall have their sick leave
integration adjusted accordingly.
14.12 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined
as the salary amount for the employee's step on the salary schedule for the employee's
permanent classification as shown in the "Salary" field on the On-Line Payroll Time
Reporting System used by departments for payroll reporting purposes.
14.13 Conversion to the New SDI Program. For all employees receiving SDI benefits
prior to July 1, 1994, conversion to the new SDI program operated by departmental payroll
staff will be coordinated by the Human Resources Department, Benefits Division.
All employee SDI benefit checks received in the Human Resources Department and signed
over to the County by June 30, 1994, will be deposited and used to buy back the
employee's sick leave, with sick leave credits appearing on the July 10th pay warrants
insofar as possible.
All Employee SDI benefit checks received, but not signed over to the County, by June 30,
1994, will be returned to the employee. All employee SDI benefit checks received after
June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy
back will be made, regardless of the calendar period to which the benefit checks pertain.
Program transfer to departmental payroll staff will be effective July 1, 1994 for the month of
July with the first computation of SDI benefits and integration with sick leave under the new
program made on the August 10, 1994 pay warrants covering the July 1994 payroll period.
14.14 Disability Insurance Review Committee. The County shall establish a Disability
Insurance Review Committee consisting of one (1) representative from each employee
organization and four (4) management representatives to review and recommend to the
Director of Human Resources the feasibility of implementing a self-funded and self-
administered disability insurance program.
14.15 Employee Annual Health Examination. Employees of the County who work in a
Health Services Department facility will annually be required to complete a Health
Questionnaire and take a Tuberculosis Skin Test. A chest x-ray will be required if the
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employee has previously had a positive reaction to a tuberculosis skin test. However,
employees will not be required to take x-ray exams in excess of what is required by
applicable Federal and State laws.
Employees will also be requested to be screened for Rubella immunity. If the result of the
Rubella test is negative, the appointing authority or designee will recommend that the
employee become immunized. If the employee has direct patient contact and refuses to
become immunized, said employee will be relocated to an indirect patient contact area.
SECTION 15 – CATASTROPHIC LEAVE BANK
15.1 Program Design. 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, 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.
A. The plan will be administered under the direction of the Director of Human
Resources. 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.
B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form
of sick leave accruals and shall be treated as regular sick leave accruals.
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C. To receive credits under this plan, an employee must have permanent status, must
have exhausted all time off accruals to a level below eight (8) hours total, have
applied for a medical leave of absence and have medical verification of need.
D. 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.
E. Time donated will be converted to a dollar value and the dollar value will be
converted back to sick leave accruals at the recipient's base hourly rate when
disbursed. Credits will not be on a straight hour-for-hour basis. All computations
will be on a standard 173.33 basis, except that employees on other than a forty (40)
hour week will have hours prorated according to their status.
F. 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.
G. No element of this plan is grievable. All appeals from either a donor or recipient will
be resolved on a final basis by the Director of Human Resources.
H. No employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to
amounts of benefits awarded and as to persons awarded benefits. Benefits may be
denied, or awarded for less than six months. The committee will be entitled to limit
benefits in accordance with available contributions and to choose from among
eligible applicants, on an anonymous basis, those who will receive benefits, 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.
I. Any unused hours transferred to a recipient will be returned to the Catastrophic
Leave Bank.
SECTION 16 – LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee who has permanent status may be granted a
leave of absence without pay upon written request, approved by the appointing authority;
provided, however, that leaves for pregnancy, pregnancy disability, serious health
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SECTION 16 – LEAVE OF ABSENCE
conditions, and family care shall be granted in accordance with applicable state and federal
law.
16.2 General Administration – Leaves of Absence. Requests for leave of absence
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 (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 (FMLA) shall be granted to an employee who so requests it for up to
eighteen (18) weeks during a “rolling” twelve (12) month period measured backward
from the date an employee uses his/her FMLA leave 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, illness, disability, or serious health condition, the decision of the appointing
authority granting or denying a leave or early return from leave shall be subject to
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appeal to the Director of Human Resources and not subject to appeal through the
grievance procedure set forth in this MOU.
16.3 Furlough Days Without Pay. The existing VTO program shall be continued for the
life of the contract.
16.4 Military Leave. Any employee who has permanent status and 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 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, if necessary, in accordance with applicable state or federal laws. Upon the
termination of such service or upon honorable discharge, the employee shall be entitled to
return to his/her position in the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such absence,
suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the
time of such leave, nor shall the employee be prejudiced thereby with reference to salary
adjustments or continuation of employment. For purposes of determining eligibility for
salary adjustments or seniority in case of layoff or promotional examination, time on military
leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as the
Director of Human Resources may deem necessary.
16.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in
a “rolling” twelve (12) month period measured backward from the date the employee uses
his/her FMLA leave, any employee who has permanent status shall be entitled to at least
eighteen (18) weeks (less if so requested by the employee) leave 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.
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
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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 Spouses. 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 a “rolling” twelve (12) month period measured backward from
the date the employee uses his/her FMLA leave. 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 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. Spouse: 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 serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to render care
or supervision;
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4. a statement that the serious health condition warrants the participation of a
family member to provide care during period of treatment or supervision;
5. if for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist in their recovery, and its
expected duration.
G. Certification for Medical Leave: A written communication from a health care
provider of an employee with a serious health condition or illness to the employer,
which need not identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of the
employee's job;
4. if for intermittent leave or a reduced work schedule leave, the certification
should indicate the medical necessity for the intermittent leave or reduced
leave schedule and its expected duration.
H. Comparable Positions: A position with the same or similar duties and pay which can
be performed at the same or similar geographic location as the position held prior to
the leave. Ordinarily, the job assignment will be the same duties in the same
program area located in the same city, although specific clients, caseload, co-
workers, supervisor(s), or other staffing may have changed during an employee's
leave.
16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 14.3.D - Sick Leave Utilization for Pregnancy Disability, that time will not be
considered a part of the eighteen (18) week family care leave period.
16.11 Group Health Plan Coverage. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their health
plan coverage with the County contribution by maintaining their employment in pay status
as described in Section 16.12. During the 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.
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16.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month by
using available sick leave (if so entitled under Section 14.3 - Policies Governing the
Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other
accruals or entitlements; in other words, during the first twelve (12) months, a leave
of absence without pay may be "broken" into segments and accruals used on a
monthly basis at the employee's discretion. After the first twelve (12) months, the
leave period may not be "broken" into segments and accruals may not be used,
except when required by LTD Benefit Coordination or SDI/Sick Leave Integration
Section 14.8 – State Disability Insurance, or as provided in the sections below.
B. Family Care or Medical Leave (FMLA). 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 14.3 - Policies Governing the Use of Paid Sick
Leave), vacation floating holiday, compensatory time off or other accruals or
entitlements if such are available, although use of additional accruals is permitted
under subsection A. above.
C. Leave of Absence/Long-Term Disability (LTD) Benefit Coordination. An eligible
employee who files an LTD claim and concurrently takes a leave of absence without
pay will be required to use accruals as provided in Section B herein during the
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.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave.
16.13 Leave of Absence Replacement and Reinstatement. Any permanent employee
who requests reinstatement to the classification held by the employee in the same
department at the time the employee was granted a leave of absence, shall be reinstated to
a position in that classification and department and then only on the basis of seniority. In
case of severance from service by reason of the reinstatement of a permanent employee,
the provisions of Section 11.E - Seniority, Workforce Reduction, Layoff, and Reassignment
shall apply.
16.14 Leave of Absence Return. In the Department of Employment and Human Services
an employee shall have the right to return to the same class, building, and assignment
(position control number) if the return to work is within eighty-nine (89) consecutive days
from the initial date the employee started leave of absence. At such time the leave of
absence is approved by the Appointing Authority, the Department of Employment and
Human Services shall notify the employee of the final date by which they shall return to be
assigned to the same position control number.
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16.15 Reinstatement From Family Care Medical Leave. In the case of a family care or
medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than ninety (90) workdays 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 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.
16.16 Salary Review While on Leave of Absence. The salary of an employee who is on
leave of absence from a County position on any anniversary date and who has not been
absent from the position on leave without pay more than six (6) months during the
preceding year shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military leave.
16.17 Unauthorized Absence. An unauthorized absence from the work site or failure to
report for duty after a leave request has been disapproved, revoked, or cancelled by the
appointing authority, or at the expiration of a leave shall be without pay. Such absence
may also be grounds for disciplinary action.
16.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain
in effect.
16.19 Time Off to Vote. Employees represented by the Union who do not have sufficient
time outside of working hours to vote at a statewide election, may, without loss of pay, take
off enough working time which will enable the employee to vote.
No more than two (2) hours of the time taken off for voting shall be without loss of pay. The
time off for voting shall be only at the beginning or end of the regular working shift,
whichever allows the most free time for voting and the least time off from the regular
working shift.
Any employee seeking time off to vote under the provisions of this Section, must submit a
written request, at least two (2) working days in advance, to his or her immediate
supervisor, stating the following: name; job classification; department; a statement "I am a
registered voter"; geographic location and address of the employee's polling place; amount
of time off requested and whether it is to be at the beginning or end of the employee's
regular workday; and a clear statement as to why the employee is unable to vote during the
regular hours that the polls are open.
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SECTION 17 – JURY DUTY AND WITNESS DUTY
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 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 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
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 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.
When an employee is required to serve on jury duty, the County will adjust that employee's
work schedule to coincide with a Monday to Friday schedule for the remainder of their
service, unless the employee requests otherwise. Participants in 9/80 or 4/10 work
schedules will not receive overtime or compensatory time credit for jury duty on their
scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for those days
on which they were previously scheduled to work.
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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 allowances) or they make take vacation leave or leave without pay and retain
all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g., accident
suits and family 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 soon
as possible if scheduled to appear for witness duty. Permanent-intermittent employees are
entitled to paid witness duty only for those days on which they were previously scheduled
to work.
SECTION 18 - HEALTH, LIFE & DENTAL CARE
18.1 Health Plan Coverages.
The County will provide the medical and dental coverage for permanent employees
regularly scheduled to work twenty (20) or more hours per week and for their eligible family
members, expressed in one of the Medical Plan contracts and one of the Dental Plan
contracts between the County and the following providers:
1. Contra Costa Health Plans (CCHP)
2. Kaiser Permanente Health Plan
3. Health Net
4. Delta Dental
5. DeltaCare (PMI)
Medical Plans:
All employees will have access to the following medical plans:
1. CCHP Plan A & Plan B
2. Kaiser Permanente Plan A & Plan B
3. Health Net HMO Plan A & Plan B
4. Health Net PPO Plan A
5. Kaiser High Deductible Health Plan
Health Net PPO Plan B will be eliminated for all employees beginning January 1,
2018.
In the event that one of the medical plans listed above meets the criteria for a high cost
employer-sponsored health plan that may be subject to an excise penalty (a.k.a. Cadillac
Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. §
18081), the Joint Labor/Management Benefit Committee will meet to consider plan design
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and other changes in an effort to mitigate the negative impact of the excise penalty. If the
Committee is unable to make sufficient plan changes and the plan(s) continue to meet the
criteria for high cost employer-sponsored health plan(s), such plan(s) will be eliminated for
all employees beginning January 1, 2018.
18.2 Monthly Premium Subsidy:
A. The monthly premium subsidy in effect on January 1, 2015, for each medical and/or
dental plan, is a set dollar amount and is not a percentage of the premium charged
by the plan. The County will pay the following monthly premium subsidy:
Health & Dental Plans Employee Employee +1
Dependent
Employee +2 or
More
Dependents
Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90
Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79
Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84
Health Net HMO Plans $627.79 $1,540.02 $1,540.02
Health Net PPO Plans $604.60 $1,436.25 $1,436.25
Kaiser High Deductible Health Plan $478.91 $1,115.84 $1,115.84
Delta Dental with CCHP A or B $41.17 $93.00 $93.00
Delta Dental with Kaiser or Health Net $34.02 $76.77 $76.77
Delta Dental without a Health Plan $43.35 $97.81 $97.81
DeltaCare (PMI) with CCHP A or B $25.41 $54.91 $54.91
DeltaCare (PMI) with Kaiser or Health Net $21.31 $46.05 $46.05
DeltaCare (PMI) without a Health Plan $27.31 $59.03 $59.03
B. If the County contracts with a health and/or dental plan provider not listed above, the
amount of the premium subsidy that the County will pay to that health and/or dental
plan provider for employees and their eligible family members shall not exceed the
amount of the premium subsidy that the County would have paid to the former plan
provider.
C. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any health and/or dental plan,
for any plan year, the County’s contribution will not exceed one hundred percent
(100%) of the applicable plan premium.
D. Joint Labor/Management Benefit Committee. The Unions and County agree to
create a Joint Labor/Management Benefit Committee (“Benefit Committee”) and
convene in order to 1) select a replacement medical or dental plan in the event that
a plan listed in this Section 18 is no longer available; 2) design a wellness program;
3) discuss future medical, dental, or vision plan design; or 4) assess the future
impact of any excise tax pursuant to the federal Patient Protection and Affordable
Care Act (“ACA”) (42 U.S.C. § 18081) on any high cost medical plans offered by the
County. The Benefit Committee replaces the existing Healthcare Oversight
Committee. The existing Healthcare Coalition will remain, but may meet quarterly.
The Benefit Committee will be composed of two (2) representatives (not including
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Union/Association staff) from each Union/Association in the County and
Management representatives to be determined. If the Benefits Committee is
selecting a replacement medical or dental plan, the selection must be unanimously
agreed upon by the Union/Association representatives on the Committee and any
such selected plan will be available to employees represented by the Unions and
incorporated into their respective MOUs after ratification by each Union/Association.
The Benefit Committee will convene no later than February 1, 2016, after ratification
of this Agreement.
18.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement, eligible employees and their eligible family members
may remain in their County health/dental plan, but without County-
paid life insurance coverage, if immediately before their proposed
retirement the employees and dependents are either active
subscribers to one of the County contracted health/dental plans or if
while on authorized leave of absence without pay, they have retained
continuous coverage during the leave period. The County will pay the
health/dental plan monthly premium subsidies set forth in Section 18.2
for eligible retirees and their eligible family members.
2. Any person who becomes age 65 on or after January 1, 2010 and
who is eligible for Medicare must immediately enroll in Medicare Parts
A and B.
3. For employees hired on or after January 1, 2010 and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health and/or dental plan after they separate from
County employment. However, any such eligible employee who
retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a county
health or dental plan provided that (i) he or she begins to receive a
monthly retirement allowance from CCCERA within 120 days of
separation from County employment and (ii) he or she pays the full
premium cost under the health and/or dental plan without any County
premium subsidy.
B. Employees Who File For Deferred Retirement: Employees, who resign and
file for a deferred retirement and their eligible family members, may continue
in their County group health and/or dental plan under the following conditions
and limitations.
1. Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
2. Life insurance coverage is not included.
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3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937 Retirement
Act provisions;
b. 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 plan benefits;
c. be eligible for a monthly allowance from the Retirement System
and direct receipt of a monthly allowance within twenty-four (24)
months of application for deferred retirement; and
d. file an election to defer retirement and to continue health benefits
hereunder with the County Benefits Division within thirty (30)
days before separation from County service.
4. Deferred retirees who elect continued health benefits hereunder and
their eligible family members may maintain continuous membership in
their County health and/or dental plan group during the period of
deferred retirement by paying the full premium for health and dental
coverage on or before the 10th of each month, to the Contra Costa
County Auditor-Controller. When the deferred retirees begin to
receive retirement benefits, they will qualify for the same health and/or
dental coverage pursuant to subsection A above, as similarly situated
retirees who did not defer retirement.
5. Deferred retirees may elect retiree health benefits hereunder without
electing to maintain participation in their County health and/or dental
plan during their deferred retirement period. When they begin to
receive retirement benefits they will qualify for the same health and/or
dental coverage pursuant to subsection A, above, as similarly situated
retirees who did not defer retirement, provided reinstatement to a
County group health and/or dental plan will only occur following a
three (3) full calendar month waiting period after the month in which
their retirement allowance commences.
6. Employees who elect deferred retirement will not be eligible in any
event for County health and/or dental plan subvention unless the
member draws a monthly retirement allowance within twenty-four (24)
months after separation from County service.
7. Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for retiree health/dental coverage,
as similarly situated retirees who did not defer.
C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsections A and B, above, upon
completion of fifteen (15) years of service as an employee of Contra Costa
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County. For purposes of retiree health eligibility, one year of service is
defined as one thousand (1,000) hours worked within one anniversary year.
The existing method of crediting service while an employee is on an
approved leave of absence will continue for the duration of this Agreement.
D. Subject to the provisions of Section 18.3 subparts A, B, and C and upon
retirement and for the term of this Agreement, the following employees (and
their eligible family members) are eligible to receive a monthly premium
subsidy for health and/or dental plans or are eligible to retain continuous
coverage of such plans: employees, and each employee who retires from a
position or classification that was represented by this bargaining unit at the
time of his or her retirement.
E. For purposes of this Section 18.3 only, “eligible family members” does not
include Survivors of employees or retirees.
18.4 Health Plan Coverages and Provisions: The following provisions are applicable
regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent part-
time employees working nineteen (19) hours per week or less may
participate in the County Health and/or Dental plans (with the associated life
insurance benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan through
the last day of the month in which he/she separates. Employees who
separate from County employment may continue group health and/or dental
plan coverage to the extent provided by the COBRA laws and regulations.
18.5 Family Member Eligibility Criteria: The following persons may be enrolled as the
eligible Family Members of a medical and/or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
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partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50% of the
year excluding time living at school; and,
ii. Receives at least 50% of support from Employee; and,
iii. Is enrolled and attends school on a full-time basis, as
defined by the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
18.6 Dual Coverage:
A. Each employee and retiree may be covered only by a single County health
(and/or dental) plan, including a CalPERS plan. For example, a County
employee may be covered under a single County health and/or dental plan
as either the primary insured or the dependent of another County employee
or retiree, but not as both the primary insured and the dependent of another
County employee or retiree.
B. All dependents, as defined in Section 18.5, Family Member Eligibility Criteria,
may be covered by the health and/or dental plan of only one spouse or one
domestic partner. For example, when both husband and wife are County
employees, all of their eligible children may be covered as dependents of
either the husband or the wife, but not both.
C. For purposes of this Section 18.6 only, “County” includes the County of
Contra Costa and all special districts governed by the Board of Supervisors,
including, but not limited to, the Contra Costa County Fire Protection District.
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SECTION 18 - HEALTH, LIFE & DENTAL CARE
18.7 Medical Plan Cost-Sharing on and after January 1, 2016.
a. For the plan year that begins on January 1, 2016, the County will pay the monthly
premium subsidy for medical plans stated in subsection 18.2.A. In total, the County
will pay the following amounts for the 2016 plan year:
Medical Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $530.56 $1,049.81 $1,646.89
Contra Costa Health Plans (CCHP), Plan B $549.42 $1,068.65 $1,737.03
Kaiser Permanente Health Plan A $435.38 $803.96 $1,493.79
Kaiser Permanente Health Plan B $445.04 $881.68 $1,407.40
Health Net HMO Plan A $669.34 $1,131.34 $2,280.09
Health Net HMO Plan B $662.01 $1,280.20 $2,060.75
Health Net PPO Plan A $727.94 $1,112.03 $2,755.43
Health Net PPO Plan B $715.64 $1,144.40 $2,623.86
Kaiser High Deductible Health Plan 4310 $447.04 $916.72 $1,387.40
b. For the plan year that begins on January 1, 2017, and for the term of this
agreement, if there is an increase in the monthly premium, including any plan
premium penalty, charged by a medical plan, the County and the employee will each
pay fifty percent (50%) of the monthly increase that is above the amount of the 2016
plan premium. The fifty percent (50%) share of the monthly medical plan increase
paid by the County is in addition to the amounts paid by the County in subsection
18.7.a., above, for medical plans.
c. 2016 Plan Premium Amounts: For purposes of calculating the County and
Employee cost-sharing increases described in 18.7.b, above, the following are the
2016 total monthly medical plan premium amounts:
Medical Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $657.08 $1,314.15 $1,971.23
Contra Costa Health Plans (CCHP), Plan B $728.38 $1,456.77 $2,185.15
Kaiser Permanente Health Plan A $749.80 $1,499.60 $2,249.39
Kaiser Permanente Health Plan B $585.68 $1,171.36 $1,757.04
Health Net HMO Plan A $1,208.76 $2,417.52 $3,626.27
Health Net HMO Plan B $840.55 $1,681.10 $2,521.65
Health Net PPO Plan A $1,643.40 $3,286.80 $4,930.20
Health Net PPO Plan B $1,479.47 $2,958.94 $4,438.40
Kaiser High Deductible Health Plan $470.10 $940.21 $1,410.32
d. Notwithstanding subsections a. and b. of 18.7, above, beginning the month following
a special open enrollment in the 2017 plan year, the County will pay for active
employees the following total amounts for the Kaiser Permanente Health Plan A:
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SECTION 18 - HEALTH, LIFE & DENTAL CARE
Medical Plan Employee Employee +1
Dependent
Employee +2 or More
Dependents
Kaiser Permanente Health Plan A $496.07 $938.73 $1,623.57
For each subsequent plan year during the term of the agreement, the premium increase
cost-sharing referenced in subsection 18.7.b., above, for the Kaiser Permanente Plan A
only will be in addition to the amounts paid by the County in this subsection 18.7.d.
18.8 Life Insurance Benefit Under Health and Dental Plans: For employees who are
enrolled in the County’s program of medical or dental coverage as either the primary or the
dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be
provided by the County.
18.9 Supplemental Life Insurance: In addition to the life insurance benefits provided by
this Agreement, employees may subscribe voluntarily and at their own expense for
supplemental life insurance. Employees may subscribe for an amount not to exceed five
hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a
guaranteed issue, provided the election is made within the required enrollment periods.
18.10 Health Care Spending Account. After six (6) months of permanent employment,
full time and part time (20/40 or greater) employees may elect to participate in a Health
Care Spending Account (HCSA) Program designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA
Program allows employees to set aside a predetermined amount of money from their pay,
not to exceed the maximum amount authorized by federal law, per calendar year, of before
tax dollars, for health care expenses not reimbursed by any other health benefit plans.
HCSA dollars may be expended on any eligible medical expenses allowed by Internal
Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by
the employee
18.11 PERS Long-Term Care: The County will deduct and remit monthly premiums to the
PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to
purchase long-term care at their personal expense through the PERS Long-Term Care
Program.
18.12 Voluntary Vision Plan: Beginning with the 2017 plan year, active permanent full-
time and active permanent part-time employees will be offered the opportunity to enroll in a
voluntary vision plan. Employees will pay the full premium costs of the plan. The County
will contract with a provider for a voluntary vision plan with no co-pays. The vision plan is
not available to temporary or permanent-intermittent employees.
18.13 Health Savings Account: Beginning with the 2017 plan year, active permanent full-
time and active permanent part-time employees who are enrolled in the Kaiser High
Deductible Health Plan may elect to enroll in a Health Savings Account (HSA). Employees
may contribute up to the maximum annual contribution rate for HSAs as set forth in the
United States Internal Revenue Code. Funds contributed to the HSA are invested as
directed by the employee. The County does not provide any recommendations or advice
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on investment or use of HSA funds. Employees are responsible for paying any HSA
account management fees charged by the HSA administrator. The County does not
manage or administer the HSA. The HSA is not available to temporary or permanent-
intermittent employees.
18.14 Dependent Care Assistance Program: The County offers the option of enrolling in
a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under
Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The
program allows employees to set aside up to five thousand dollars ($5,000) of annual
salary (before taxes) per calendar year to pay for eligible dependent care (child and elder
care) expenses. Any unused balance is forfeited and cannot be recovered by the
employee.
18.15 Premium Conversion Plan: The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code,
but tax savings are not guaranteed. The program allows employees to use pre-tax dollars
to pay health and dental premiums.
18.16 Prevailing Section: To the extent that any provision of this Section (Section 18 -
Health, Life & Dental Care) is inconsistent with any provision of any other County
enactment or policy, including but not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management Regulations, or any other agreement or order of
the Board of Supervisors, the provision(s) of this Section (Section 18 - Health, Life & Dental
Care) will prevail.
18.17 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.
18.18 Partial Month. The County's contribution to the health plan premium is payable for
any month in which the employee is paid. If an employee is not paid enough compensation
in a month to pay the employee share of the premium, the employee must make up the
difference by remitting the amount delinquent to the Auditor-Controller. The responsibility
for this payment rests with the employee. If payment is not made, the employee shall be
dropped from the health plan.
18.19 Coverage During Absences.
Employees shall be allowed to maintain their health plan coverage at the County group rate
for twelve (12) months if on approved leave of absence provided that the employee shall
pay the entire premium (i.e. both employer and employee share) for the health plan during
said leave. Said payment shall be made by the employee at a time and place specified by
the County. Late payment shall result in cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA)
provided the employee pays the entire cost of coverage, plus any administrative fees, for
the option selected. The entire cost of coverage shall be paid at a place and time specified
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by the County. Late payment may result in cancellation of health plan coverage with no
reinstatement allowed.
18.20 Health Benefit Access for Employees Not Otherwise Covered. To access
County health plans, an employee who is not otherwise eligible for health coverage by the
County, must be eligible to receive an offer of coverage from the County under the federal
Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees
eligible to receive an offer of coverage (and qualified dependents), will be offered access to
County health insurance plans. Employees will be responsible for the full premium cost of
coverage.
SECTION 19 – RETIREMENT CONTRIBUTION
19.1 Contribution. Effective on January 1, 2012, employees are responsible for the
payment of one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra Costa County
Employees’ Retirement Association. Employees are also responsible for the payment of the
employees' contributions to the retirement cost of living program as determined annually by
the Board of Retirement, without the County paying any part of the employees’
contributions. Except as provided in section 19.3 (Safety Employees Retirement)
subsection A, the County is responsible for one hundred percent (100%) of the employer’s
retirement contributions determined annually by the Board of Retirement.
19.2 Retirement Benefit - Non-Safety Employees who become New Members of
CCCERA on or After January 1, 2013.
A. For non-safety employees who, under PEPRA, become New Members of the Contra
Costa County Employees Retirement Association (CCCERA) on or after January 1,
2013, retirement benefits are governed by the California Public Employees Pension
Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent
this Agreement conflicts with any provision of PEPRA, PEPRA will govern.
B. For employees hired by the County after June 30, 2014, who, under PEPRA,
become New Members of CCCERA, the cost of living adjustment to the retirement
allowance will not exceed two percent (2%) per year, and the cost of living
adjustment will be banked.
C. For employees who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
D. The County will seek legislation amending the County Employees Retirement Law of
1937 to clarify that the current Tier III disability provisions apply to non-safety
employees who, under PEPRA, become New Members of CCCERA. The Union will
support the legislation.
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19.3 Safety Employees Retirement
A. Tier A Enhanced Retirement Benefits – Safety Employees Hired or Re-hired
Before January 1, 2013, or who, under PEPRA, do not become New
Members of CCCERA.
1. For employees who are hired or rehired by the County before January 1, 2013, or
who are initially hired after that date but, under PEPRA, do not become New
Members, and who are safety members of CCCERA, the retirement formula shall be
“3 percent at 50". The cost of living adjustment (COLA) to the retirement allowance
of these employees shall not exceed three percent (3%) per year. The final
compensation of these employees will be based on a twelve (12) month salary
average. This retirement benefit is known as Tier A. Each employee in Tier A will
pay nine percent (9%) of his or her retirement base to pay part of the employer’s
contribution for the cost of this Tier A safety retirement benefit. Such payments will
be made on a pre-tax basis in accordance with applicable tax laws. “Retirement
base” means base salary and other payments, such as salary differential and flat
rate pay allowances, used to compute retirement deductions.
a. Effective January 1, 2014, and through December 31, 2014, each employee
in Tier A will pay four and one-half percent (4.5%) of his or her retirement
base to pay part of the employer’s contribution for the cost of the Tier A
retirement benefit. Employees who, after January 1, 2014, continued to pay
nine percent (9%) of their retirement base to pay part of the employer’s
contribution for the cost of the Tier A retirement benefit, will have the four and
one-half percent (4.5%) difference that the employees paid between January
1, 2014, and date the MOU is adopted by the Board of Supervisors, refunded
as a retirement deduction adjustment on their May 10, 2014 pay.
b. Effective January 1, 2015, and through June 30, 2015, each employee in Tier
A will pay two and a quarter percent (2.25%) of his or her retirement base to
pay part of the employer’s contribution for the cost of the Tier A retirement
benefit.
c. Effective June 30, 2015 at 11:59 p.m., the employee’s payment of two and a
quarter percent (2.25%) of his/her retirement base to pay part of the
employer’s contribution for the cost of the Tier A retirement benefit will cease.
2. Subsection A, subpart (1) above, applies to employees who, under PEPRA,
become reciprocal members of CCCERA, as determined by CCCERA.
B. Safety Retirement Benefit – Employees who become Safety New Members
of CCCERA on or after January 1, 2013.
1. For employees who, under PEPRA, become Safety New Members of
CCCERA after January 1, 2013, retirement benefits are governed by the
California Public Employees Pension Reform Act of 2013 (PEPRA),
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SECTION 20 – PROBATIONARY PERIOD
(Chapters 296, 297, Statutes of 2012). To the extent this Agreement conflicts
with any provision of PEPRA, PEPRA will govern.
2. PEPRA Safety Option Plan Two (2.7% @ 57) applies to these employees
who, under PEPRA, become Safety New Members of CCCERA. For such
employees hired by the County on or after June 30, 2014, the cost of living
adjustment to the retirement allowance will not exceed two percent (2%) per
year, and the cost of living adjustment will be banked.
SECTION 20 – PROBATIONARY PERIOD
20.1 Duration. All appointments from officially promulgated employment lists for original
entrance and promotion shall be subject to a probationary period. For original entrance
appointments, the probationary period shall be from nine (9) months to two (2) years
duration. For promotional appointments, the probation period shall be from six (6) months
to two (2) years duration.
20.2 Classes With Probation Periods Over Six/ Nine Months. Listed below are those
classes represented by the Union which have probation periods in excess of nine (9)
months for original entrance appointments and six (6) months for promotional
appointments:
None.
20.3 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
20.4 Criteria. The probationary period shall commence from the date of appointment. It
shall not include time served in provisional or temporary appointments or any period of
continuous unpaid absence exceeding fifteen (15) calendar days, except as otherwise
provided by law.
For those employees appointed to permanent-intermittent positions with a nine (9) months
probation period, probation will be considered completed upon serving fifteen hundred
(1,500) hours after appointment except that in no instance will this period be less than nine
(9) calendar months from the beginning of probation. If a permanent-intermittent
probationary employee is reassigned to full time, credit toward probation completion in the
full-time position shall be prorated on the basis of one hundred seventy-three (173) hours
per month.
20.5 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if subsequently
certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this section, an
employee (probationer) shall have the right to appeal from any rejection during the
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SECTION 20 – PROBATIONARY PERIOD
probationary period based on political or religious affiliations or opinions, Union
activities, or race, color, national origin, sex, age, disability, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
Subsection A and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery
to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to believe
that the rejection may have been based on grounds prohibited in Subsection A, it
may refer the matter to a Hearing Officer for hearing, recommended findings of fact,
conclusions of law and decision, pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If,
after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be
reinstated in the position and the appellant shall begin a new probationary period
unless the Merit Board specifically reinstates the former period.
20.6 Regular Appointment. The regular appointment of a probationary employee will
begin on the day following the end of the probationary period. A probationary employee
may be rejected at any time during the probation period without regard to the Skelly
provisions of this MOU, without notice and without right of appeal or hearing, except as
provided in Section 20.5.A.
Notwithstanding any other provisions of the MOU, an employee rejected during the
probation period from a position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months after being
promoted or transferred from a position in the Merit System to a position not included in the
Merit System shall be restored to a position in the classification in the department from
which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall not
be restored to the eligible list from which the employee was certified unless the employee
receives the affirmative recommendation from the appointing authority and is certified by
the Director of Human Resources whose decision is final. The Director of Human
Resources shall not certify the name of a person restored to the eligible list to the same
appointing authority by whom the person was rejected from the same eligible list, unless
such certification is requested in writing by the appointing authority.
20.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete only
the balance of the required probation.
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SECTION 21 – PROMOTION
If reemployed in another department or in another classification, the employee shall serve a
full probationary period. An employee appointed to a permanent position from a layoff or
reemployment list is subject to a probation period if the position is in a department other
than the department from which the employee separated, displaced, or voluntarily demoted
in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a
probation period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
20.8 Rejection During Probation of Layoff Employee. An employee who has achieved
permanent status in the class before layoff and who subsequently is appointed from the
layoff list and then rejected during the probation period shall be automatically restored to
the layoff list, unless discharged for cause, if the person is within the period of layoff
eligibility. The employee shall begin a new probation period if subsequently certified and
appointed in a different department or classification than that from which the employee was
laid off.
SECTION 21 – PROMOTION
21.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
21.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
21.3 Open Exam. If an examination for one of the classes represented by the Union is
proposed to be announced on an open only basis, the Director of 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.
21.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of
work.
b. The incumbent of the position must have performed at the higher level for
one (1) year.
c. The incumbent must meet the minimum education and experience
requirements for the higher class.
d. The action must have approval of the Director of Human Resources.
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SECTION 22 – TRANSFER
e. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
21.5 Requirements for Promotional Standing. In order to qualify for an examination
called on a promotional basis, an employee must have probationary or permanent status in
the merit system and must possess the minimum qualifications for the class. Applicants will
be admitted to promotional examinations only if the requirements are met on or before the
final filing date. If an employee who is qualified on a promotional employment list is
separated from the merit system, except by layoff, the employee's name shall be removed
from the promotional list.
21.6 Seniority Credits. Employees who have qualified to take promotional examinations
and who have earned a total score, not including seniority credits, of seventy percent (70%)
or more, shall receive, in addition to all other credits, five one-hundredths of one percent
(.05%) for each completed month of service as a permanent County employee continuously
preceding the final date for filing application for said examination. For purposes of seniority
credits, leaves of absence shall be considered as service. Seniority credits shall be
included in the final percentage score from which the rank on the promotional list is
determined. No employee, however, shall receive more than a total of five percent (5%)
credit for seniority in any promotional examination.
21.7 Promotional Employment List-Rule of Five. On each request for personnel from
a promotional employment list for a class, five (5) names shall be certified. If more than
one (1) position is to be filled in such class in a department at the same time and from the
same request for personnel, the number of names to be certified from such promotional
appointment list shall be equal to the number of positions to be filled plus four (4).
21.8 Position Reclassification. County employees who are required as part of the
promotional examination process to take a physical examination shall do so on County time
at County expense.
SECTION 22 – TRANSFER
22.1 Requirements. The following conditions are required in order to qualify for transfer:
A. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on
the basis of minimum qualifications and qualifying procedure;
B. the employee shall have permanent status in the merit system and shall be in good
standing;
C. the appointing authority or authorities involved in the transaction shall have indicated
their agreement in writing;
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SECTION 23 – RESIGNATIONS
D. the employee concerned shall have indicated agreement to the change in writing;
E. the Director of Human Resources shall have approved the change. Notwithstanding
the foregoing, transfer may also be accomplished through the regular appointment
procedure provided that the individual desiring transfer has eligibility on a list for a
class for which appointment is being considered.
22.2 Transfer Without Examination. With the approval of the appropriate appointing
authority/authorities and the consent of the employee, the Director of Human Resources
may transfer an employee from one job classification to another job classification without
examination under the following conditions:
A. the duties and responsibilities of the position from which the employee is being
transferred are within the occupational area or directly associated with the duties
and responsibilities of the position to which the employee is being transferred.
B. the employee must possess the minimum qualifications for the job classification to
which the employee is being transferred.
C. the employee must serve the probationary period required for the classification into
which the employee is being transferred.
D. an employee rejected during the probationary period or who resigns during the
probationary period for other than disciplinary reasons shall have the right at that
time to be restored to a position in the classification in the department from which
the employee was transferred.
The Director of Human Resources, upon request, will provide written justification for
invoking this section.
22.3 Procedure. Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Human Resources in writing of such desire stating the
reasons therefore. The Director of Human Resources shall, if he or she considers that the
reasons are adequate and that the transfer will be for the good of the County service and
the parties involved, inform the appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in accomplishing the transfer.
SECTION 23 – 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.
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SECTION 23 – RESIGNATIONS
23.1 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, up to four (4) weeks, for a specific reason, or
consents to the employee's terminating on shorter notice) is a resignation in good standing.
23.2 Constructive Resignation. A constructive resignation occurs and is effective when:
A. An employee has been absent from duty for five (5) consecutive working days
without leave; and
B. five (5) more consecutive working days have elapsed without response by the
employee after the mailing of a notice of resignation by the appointing authority to
the employee at the employee's last known address.
C. The letter to the employee will include a document that gives the employee the
option of authorizing the County to provide his/her union with a copy of the
constructive resignation letter. If the employee signs the authorization document
and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the constructive resignation letter to the
employee’s union, as authorized.
23.3 Effective Resignation. A resignation is effective when delivered or spoken to the
appointing authority, operative either on that date or on another date specified.
23.4 Revocation. A resignation that is effective is revocable only by written concurrence
of the employee and the appointing authority, except that an oral resignation rescinded in
writing by the end of the workday following the oral resignation will be accepted by the
appointing authority.
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing 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 on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee could
have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day following the appointing authority's
acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal to the Merit Board. In the
alternative, the employee may file a written election with the Director of Human
Resources waiving the employee's right of appeal to the Merit Board in favor of the
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SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
employee's appeal rights under the grievance procedure contained in Section 25 –
Grievance Procedure of the MOU beginning with Step C.
D. Disposition. If a final decision is rendered that determines that the resignation was
coerced, the resignation shall be deemed revoked and the employee returned to
duty effective on the day following the decision but without loss of seniority or pay,
subject to the employee's duty to mitigate damages.
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
24.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend or
demote any employee for cause. The following are sufficient causes for such action; the
list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion
may be based on reasons other than those specifically mentioned:
A. absence without leave,
B. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system into disrepute,
D. disorderly conduct,
E. incompetence or inefficiency,
F. insubordination,
G. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
H. neglect of duty, i.e. non-performance of assigned responsibilities
I. negligent or willful damage to public property or waste of public supplies or
equipment,
J. violation of any lawful or reasonable regulation or order given by a supervisor
or Department Head,
K. willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations,
L. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment,
M. misappropriation of County funds or property,
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SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
N. unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU,
O. dishonesty or theft,
P. excessive or unexcused absenteeism and/or tardiness.
Q. sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile working
environment.
24.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a
disciplinary action to dismiss, suspend for more than three (3) 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.
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.
In addition to the Notice of Proposed Action, the appointing authority will serve the
employee with a document that gives the employee the option of authorizing the County to
provide his/her union with a copy of the Notice of Proposed Action. If the employee signs
the authorization document and returns it to the appointing authority, the appointing
authority will thereafter, within one work day, provide a copy of the employee’s Notice of
Proposed Action to his/her union, as authorized.
In addition to the Order and Notice, the appointing authority will serve the employee with a
document that gives the employee the option of authorizing the County to provide his/her
union with a copy of the Order and Notice. If the employee signs the authorization
document and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the employee’s Order and Notice to his/her union,
as authorized.
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SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
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 any extension, the right to
respond is lost.
24.3 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven (7) days, the appointing authority for cause specified in writing
may place the employee on temporary leave of absence, with pay.
24.4 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days
unless ordered by an arbitrator, an adjustment board or the Merit Board.
24.5 Procedure on Dismissal, Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an employee having
permanent status in a position in the merit system, after having complied with the
provisions of Section 24.2 - Skelly Requirements, where applicable, the appointing
authority shall make an order in writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, or demotion shall be filed
with the Director of Human Resources, showing by whom and the date a copy was
served upon the employee to be dismissed, suspended or demoted, either
personally or by certified mail to the employee's last known mailing address. The
order shall be effective either upon personal service or deposit in the U. S. Postal
Service.
C. Employee Appeals From Order. The employee may appeal an order of dismissal,
suspension or demotion either to the Merit Board or through the procedures of
Section 25 - 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. An employee may not both appeal to the Merit Board and file
a grievance under Section 25 – Grievance Procedure of this MOU.
24.6 Employee Representation Rights. The County recognizes an employee’s right to
representation during an investigatory interview or meeting that may result in discipline.
The County shall not interfere with the representative’s right to assist an employee to clarify
the facts during the interview. If the employee requests a union representative, the
investigatory interview shall be temporarily recessed for a reasonable period of time until a
union representative can be present. For those interviews, which by nature of the incident
must take place immediately, the union will take reasonable steps to make a union
representative immediately available.
The employer shall inform the employee of the general nature of the investigation at the
time the employer directs the employee to be interviewed.
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SECTION 25 – GRIEVANCE PROCEDURE
SECTION 25 – GRIEVANCE PROCEDURE
25.1 Definition and Procedure. 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) calendar days of the incident or occurrence about
which the grievant claims to have a grievance. Discipline appeals utilizing the grievance
procedure must be filed within the timeframe set forth in Section 24.5 – Procedure on
Dismissal, Suspension, or Disciplinary Demotion. Grievances will 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 or designee, who shall meet with the grievant
within five (5) work days of receipt of a written request to hold such meeting. Grievances
challenging suspensions, reductions in pay, demotions and terminations may be filed at
Step 3 within the time frame set forth above.
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 he or she seeks. A
copy of each written communication on a grievance shall be filed with the Employee
Relations Officer. 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 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 union may appeal
in writing within ten (10) work days to the Employee Relations Officer. Employee Relations
Officer or his/her designee shall have twenty (20) work days in which to investigate the
merits of the complaint and to meet together at the same time with the Department Head or
his/her designee, the grievant, and the union. For grievances involving interpretation of this
MOU, the Employee Relations Officer or his/her designee will decide the grievance on its
merits and provide the grievant, the union, and the Department with a written decision
within fifteen (15) workdays of the date of the Step 3 Meeting, unless more time is granted
by mutual agreement.
For grievances involving appeals from disciplinary action, the Employee Relations Officer or
designee will attempt to resolve the grievance. In the event that the grievance is not
resolved, the Employee Relations Officer or designee will provide written notice of that fact
to the grievant, the union, and the Department within fifteen (15) workdays of the date of
the Step 3 meeting, unless more time is granted by mutual agreement.
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SECTION 25 – GRIEVANCE PROCEDURE
Step 4 Mediation. Grievances regarding discipline involving suspensions, demotions, or
reduction in pay will proceed directly to Step 5 - Expedited Board of Adjustment, at the
request of the Union. No grievance may be processed under this section which has not first
been filed and investigated in accordance with Step 3 above. If the parties are unable to
reach a mutually satisfactory accord on any grievance that is presented at Step 3 the
union may appeal the grievance and request mediation in writing to the Employee
Relations Officer or designee within ten (10)work days of the date of the written response at
Step 3. This step of the grievance procedure may be waived by the written mutual
agreement of the parties.
Step 5 Arbitration. If the parties are unable to reach a resolution of the grievance at Step
4, either the Union or the County, whichever is the moving party, may require that the
grievance, except those referred to in Section 25.2 below, be referred to an impartial
arbitrator who shall be designated by mutual agreement between the Union and the
Employee Relations Officer. Such request shall be submitted within twenty (20) work days
of the completion of mediation at Step 4. 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 Union and the County.
Each party, however, shall bear the costs of its own presentation, including preparation and
post hearing briefs, if any.
25.2 Step 5. Expedited Board of Adjustment. If the County and the Union are unable
to reach a mutually satisfactory accord on any grievance of discipline involving
suspensions, demotions, or reduction in pay that arises and is presented during the term of
this MOU, such grievance may be submitted to the Expedited Board of Adjustment (EBA) in
writing in accordance with the procedures below. No grievance may be processed under
this Section that has not first been filed and processed in accordance with Step 3 of the
Grievance Procedure and delivered to the Employee Relations Officer within ten (10) work
days of the date of the Step 3 written response by the Employee Relations Officer or
his/her designee. By agreement of the Union and the Employee Relations Officer or his/her
designee, grievances concerning contract interpretation may also be presented to the EBA.
All grievances submitted to the EBA will be resolved in accordance with the following
procedures:
Expedited Board of Adjustment (EBA)
a. The EBA will be composed of two (2) union representatives from the unions
participating in the EBA process, no more than one (1) of whom may be an
employee of the County, two (2) management members named by the County, and
an impartial arbitrator. The Unions and the County will each appoint three (3)
alternates who will serve as the voting members of the Board if a member(s) is/are
not available. A Union Alternate from a different Union will serve as the voting
member when the appointed Union Board member is from the same Union as the
grievant and a County Alternate will serve as a voting member when a County
Board member is from the same Department as the grievant. Each Board member
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SECTION 25 – GRIEVANCE PROCEDURE
will serve for a twelve (12) month term except that one member and one alternate
initially appointed by each side will serve a six (6) month term so that Board member
terms are staggered.
b. The County and the Coalition Unions (hereafter “parties”) will choose an impartial
arbitrator to serve as the fifth (5) member of the EBA and serve as a tie-breaker
when the EBA is deadlocked. The parties will select the Arbitrator by forwarding a
list of individuals acceptable to a party to the other party. The parties will continue
this process until an impartial arbitrator is selected. The Arbitrator will serve a one
year term, or longer, as agreed to by the parties in writing. However, the Arbitrator
may be replaced at any time by agreement between the parties. The Arbitrator will
render an immediate decision if the Board is deadlocked. All decisions rendered by
the EBA are final and binding upon the Employer, the Union, and the employee, to
the extent provided by law.
c. Decisions rendered by the EBA must be within the scope of, and may not vary from,
the express written terms of this Memorandum of Understanding.
d. The Union and the County will each pay one-half (1/2) of the arbitrator’s fees and
costs. If a majority of the EBA approves the services of a court reporter and/or other
special services, the Union and the County will each pay one-half (1/2) of such
expenses.
Procedures
A. The EBA will convene on the fourth (4th) Wednesday of each month unless
otherwise scheduled by mutual agreement.
B. The EBA will develop and adopt written rules of procedure to govern the conduct of
hearings by a majority vote.
C. Unless the EBA agrees otherwise by majority action, it will remain in session until all
grievances on the agenda have been heard.
D. All grievances that are received by the Employee Relations Officer at least ten (10)
working days prior to the next scheduled session of the EBA will be placed on the
agenda for the next regular meeting. By majority vote, the EBA may upon request of
the Union or the County waive this provision.
E. Upon the request of the Union or the County, a continuance of a grievance will be
granted until the next session.
F. Licensed Attorneys will not participate as Board members, advocates, or advisors in
Board hearings unless the attorney is also a union business agent or Human
Resources staff.
G. Meetings will be convened at a central location agreed to by the Unions and the
County.
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SECTION 25 – GRIEVANCE PROCEDURE
H. Materials to be presented at the EBA will not be shared with the Board members in
advance of convening the Board.
25.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment.
A. Decisions of Arbitrators and the Expedited Board of Adjustment, on matters properly
before them, are final and binding on the parties hereto, to the extent permitted by
law.
B. No Arbitrator or Expedited Board of Adjustment may 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 under such dispute falls within the definition of a
grievance as set forth in Subsection 25.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend, or
terminate this MOU, nor any matter or subject arising out of or in connection with
such proposals, may be referred to arbitration under this Section. No Arbitrator or
Expedited Board of Adjustment has the power to amend or modify this MOU or
written agreements supplementary hereto or to establish any new terms or
conditions of employment.
D. If the Employee Relations Officer, pursuant to the procedures outlined in Step 3
above or Step 4 above resolves 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 arbitration or Expedited Board of Adjustment proceedings hereunder) will be
recognized unless agreed to by the County and the Union.
25.4 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 withdrawn.
25.5 Compensation Complaints. All complaints involving or concerning the payment of
compensation shall be initially filed in writing with the Employee Relations Officer. 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 not detailed in the MOU shall be deemed withdrawn until MOU 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.
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SECTION 26 – BILINGUAL PROVISIONS
25.6 No Strike. During the term of this MOU, the Union, its members and
representatives, agree that it and they will not engage in, authorize, sanction, or support
any strike, slowdown, stoppage of work, sickout, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having jurisdiction,
an employee who is in danger of physical harm shall not be required to cross the picket
line, provided the employee advises his or her supervisor as soon as possible, and
provided further that an employee may be required to cross a picket line where the
performance of his or her duties is of an emergency nature and/or failure to perform such
duties might cause or aggravate a danger to public health or safety.
25.7 Merit Board.
A. All grievances of employees in representation units represented by the Union shall
be processed under Section 25.7.A unless the employee elects to apply to the Merit
Board on matters within its jurisdiction.
B. No action under Steps 3, 4, and 5 of Section 25.1 or Step 5 of Section 25.2 above
shall be taken if action on the complaint or grievance has been taken by the Merit
Board, or if the complaint or grievance is pending before the Merit Board.
25.8 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors violates a
provision of this MOU.
25.9 Union Notification. An official with whom a formal grievance is filed by a grievant
who is included in a unit represented by the Union in the grievance shall give the Union a
copy of the grievance.
SECTION 26 – BILINGUAL PROVISIONS
26.1 Salary Differential. A salary differential of eighty dollars ($80.00) per month shall
be paid incumbents of positions requiring bilingual proficiency as designated by the
appointing authority and Director of Human Resources, or in the Department of
Employment and Human Services, to those who translate in accordance with the
designated criteria of one (1) day per week or twenty percent (20%) of the time or whose
caseloads are twenty-five percent (25%) or more non-English speaking. Said differential
shall be prorated for employees working less than full time and/or who are on an unpaid
leave of absence for a portion of any given month. Designation of positions for which
bilingual proficiency is required is the sole prerogative of the County.
Effective January 1, 2007, the current program differential shall be increased to a total of
one hundred dollars ($100.00) per month.
26.2 Spanish Notices of Action. The County shall implement Spanish Notices of
Action.
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SECTION 26 – BILINGUAL PROVISIONS
26.3 Non-English Speaking Caseloads. For those employees with twenty-five (25%) or
more non-English speaking caseloads, their caseload shall be reduced by ten percent
(10%).
26.4 Deferred Compensation Plan – Special Benefit for Hires after January 1, 2010:
A. Commencing April 1, 2010 and for the duration of this Agreement, the County will
contribute one hundred fifty dollars ($150) per month to an employee's account in
the Contra Costa County Deferred Compensation Plan or other designated tax
qualified savings vehicle, for employees who meet all of the following qualifications:
1. The employee was first hired by Contra Costa County on or after January 1,
2010 and,
2. The employee is a permanent full-time or permanent part-time employee
regularly scheduled to work at least 20 hours per week and has been so
employed for at least 90 calendar days; and,
3. The employee defers a minimum of twenty-five dollars ($25) per month to the
Contra Costa County Deferred Compensation Plan or other designated tax
qualified savings vehicle; and ,
4. The employee has completed, signed and submitted to the Human
Resources Department, Employee Benefits Service Unit the required
enrollment form for the account, e.g. the Enrollment Form 457 (b).
5. The annual maximum contribution as defined under the relevant Internal
Revenue Code provision has not been exceeded for the employee's account
for the calendar year.
Employees who discontinue deferral or who defer less than the amount required by this
provision for a period of one (1) month or more will no longer be eligible to receive the
County contribution. To re-establish eligibility, employees must resume deferring the
amount required by this provision.
No amount deferred by the employee or contributed by the County in accordance with this
provision will count towards the “Base Contribution Amount” or the “Monthly Base
Contribution Amount for Maintaining Program Eligibility” required for the County's Deferred
Compensation Incentive in any other provision in this Agreement. No amount deferred by
the employee or contributed by the County in accordance with any other provision in this
Agreement will count toward the minimum required deferral required by this provision. The
County's contribution amount in accordance with this provision will be in addition to the
County contribution amount for which the employee may be eligible in accordance with any
other provision in this contract.
Both the employee deferral and the County contribution to the Contra Costa County
Deferred Compensation Plan under this provision, as well as any amounts deferred or
contributed to the Contra Costa County Deferred Compensation Plan in accordance with
any other provision of this contract, will be added together for the purpose of ensuring that
the annual Plan maximum contributions as defined under IRS Code Section 457(b), or
other tax qualified designated savings vehicle, are not exceeded.
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SECTION 27 – TRAINING REIMBURSEMENT
Within 30 days of adoption of this MOU by the Board of Supervisors, and annually
thereafter beginning in 2015, the County will provide to the Union a list of eligible
employees who have not enrolled in the deferred compensation plan and will provide the
Union with contact information for scheduling an appointment with the Deferred
Compensation provider.
B. Deferred Compensation Plan – Loan Provision: On August 14, 2012 the Board
of Supervisors adopted Resolution 2012/348 approving a side letter with the
Coalition Unions to allow a Deferred Compensation Plan Loan Program effective
September 1, 2012. The following is a summary of the provisions of the loan
program:
1. The minimum amount of the loan is $1,000.
2. The maximum amount of the loan is the lesser of 50% of the employee’s balance
or $50,000, or as otherwise provided by law.
3. The maximum amortization period of the loan is five (5) years.
4. The loan interest is fixed at the time the loan is originated and for the duration of
the loan. The loan interest rate is the prime rate plus one percent (1%).
5. There is no prepayment penalty if an employee pays the balance of the loan plus
any accrued interest before the original amortization period for the loan.
6. The terms of the loan may not be modified after the employee enters into the
loan agreement, except as provided by law.
7. An employee may have only one loan at a time.
8. Payment for the loan is made by monthly payroll deduction.
9. An employee with a loan who is not in paid status (e.g. unpaid leave of absence)
may make his/her monthly payments directly to the Plan Administrator by some
means other than payroll deduction each month the employee is in an unpaid
status (e.g. by a personal check or money order).
10. The Loan Administrator (MassMutual Life Insurance Company or its successor)
charges a one-time $50 loan initiation fee. This fee is deducted from the
employee’s Deferred Compensation account.
11. The County charges a one-time $25 loan initiation fee and a monthly
maintenance fee of $1.50. These fees are paid by payroll deduction.
The County’s website provides employees with the following information:
a. Deferred Compensation Loan Provision
b. FAQ’s for the Loan Provision including loan status upon termination of
employment and the consequences of defaulting on a loan
c. Pros and Cons of borrowing from the Deferred Compensation Plan
d. Loan Application and Agreement
SECTION 27 – TRAINING REIMBURSEMENT
The Department of Employment and Human Services shall establish an annually
renewable training reimbursement fund in the amount of $10,000 for the exclusive purpose
of reimbursing employees covered by this agreement for the cost of tuition, fees, books,
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SECTION 28 – MILEAGE
and other employee expenses incurred in the pursuit of work-related education, continuing
education, or work related graduate degree. In the Department of Employment and Human
Services, said fund shall replace the career development training reimbursement described
in the County Administrative Bulletin on Training.
Career development training reimbursement for employees in the Health Services
Department shall continue to be governed by the County Administrative Bulletin on Training
which limits such reimbursement to seven hundred fifty dollars ($750) per year.
Registration and tuition fees for career development education may be reimbursed for up to
fifty percent (50%) of the employee’s net cost. Books necessary for courses taken for
career development education may be reimbursed for up to one hundred percent (100%) of
the employee’s net cost.
Those employees entering the Social Casework Assistant classification by the substitution
pattern in the minimum qualifications shall be entitled to direct benefit tuition reimbursement
under the County training reimbursement policy. Such employees requesting a leave of
absence or permanent part-time positions for the purpose of completing a bachelor's
degree shall be given priority consideration by the Department. Reimbursement under the
above limits for the cost of books for career development shall be allowable.
SECTION 28 – MILEAGE
28.1 Reimbursement for Use of Personal Vehicle. Procedures and definitions relative
to mileage reimbursement will be in accordance with the Administrative Bulletin on Expense
Reimbursement.
28.2 Commuter Benefit Program. Prior to July 1, 2017, the County will offer employees
the option of enrolling in an employee-funded qualified transportation (commuter) benefit
program designed to qualify for tax savings under Section 132(f) of title 26 of the Internal
Revenue Code, but such savings are not guaranteed. The Commuter Benefit Program will
allow employees to set aside pre-tax dollars for qualified transportation expenses to the
extent and amount allowed by the Internal Revenue Service.
SECTION 29 – RESPITE LEAVE WITHOUT PAY
All employees represented by Local 1021 shall be granted ten (10) days respite leave
without pay per fiscal year. Such leave shall be taken in increments of one (1) full day
(eight (8) hours) and shall be requested in writing. Conflicting requests for respite leave
shall be resolved by the Department Head or designee with preference given to employees
according to their seniority in the department, as reasonably as possible. Any balance in
the ten (10) days respite leave which remains at the end of the fiscal year shall not be
carried over into the next fiscal year.
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SECTION 30 – MENTAL HEALTH SCREENING DIFFERENTIAL
SECTION 30 – MENTAL HEALTH SCREENING DIFFERENTIAL
Permanent full-time and part-time, permanent intermittent, and temporary employees in the
classifications of Medical Social Worker I and II (X4WB, X4VH) of the Social Services Unit
will be paid a differential calculated at five percent (5%) of the hourly equivalent of the
employee’s base rate of pay for each hour worked in the Psychiatric Unit (Org. #6313) or
Psychiatric Emergency Unit (Org. #6381).
SECTION 31 – MEDICAL SOCIAL WORKER LEAD DIFFERENTIAL
Any employee in the classification of Medical Social Worker II (X4VH) and designated by
the department as a “Lead Worker” will receive a differential of five percent (5%) of the
employee’s base rate of pay as compensation for the lead assignment. This differential will
be paid retroactive to March 1, 2013 for time designated as a “Lead Worker”.
SECTION 32 – NOTICE OF NEW EMPLOYEES
The County agrees to periodically mail to Social Services Union, Local 1021 a list of
names, classifications, and the designation of permanent employment category of new
employees appointed to classifications represented by Local 1021. Said periodic list will be
mailed within the first five (5) working days of every month.
SECTION 33 – PERSONNEL ACTIONS
33.1 Personnel Files.
A. Inspection. Each employee, or an employee's representative so designated by
written authorization of the employee, shall have the right to inspect and review the
employee's personnel file upon request at reasonable times and for reasonable
periods during the regular business hours of the County. Employees shall be
permitted to review their personnel files at the Personnel office during their work
hours. For those employees whose work hours do not coincide with the County’s
business hours, management shall provide a copy of the employee’s personnel file
for their review. The custodian of records will certify that the copy is a true and
correct copy of the original file.
B. Documentation in the personnel file relating to the investigation of a possible
criminal offense, medical records and information or letters of reference shall be
specifically excluded from such inspection and review.
C. Pre-employment reference material shall be removed from the personnel file after
one (1) year of continuous employment with the County.
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SECTION 33 – PERSONNEL ACTIONS
D. Medical records may be released to qualified medical authorities upon execution of
a written release by the employee and with the concurrence of the County's medical
authorities.
E. An employee may request copies of other material contained in the personnel file.
F. The employee shall bear the cost of the reproduction of copies.
G. The County shall afford the employee the opportunity to respond in writing to any
information contained in their personnel file. Such response shall be included in the
employee's personnel file.
H. The Department shall maintain only one official personnel file.
33.2 Counseling.
A. Whenever an employee's job performance and/or conduct becomes less than
satisfactory, counseling shall be provided by the employee's first level supervisor.
Such counseling shall specifically state the unsatisfactory nature of the employee's
performance and/or conduct and specific ways in which the employee can bring
such performance and/or conduct up to the satisfactory level.
B. Said counseling shall be provided as soon as possible after the occurrence of the
less than satisfactory performance and/or conduct. No adverse action shall be
taken by the County against any employee unless such counseling has been
provided and time for improvement has been given.
C. The employee's first level supervisor shall prepare written documentation (including
any applicable memos, WIDSI's, etc.) of such counseling and provide a copy of the
documentation to the employee.
D. The foregoing shall not apply to probationary employees or in those cases where
immediate disciplinary action is necessary.
E. If, after such a counseling session has occurred between a supervisor and
employee, the employee requests of the Department Personnel Officer a meeting
with a Steward/Officer of the Union and Department representatives, such a meeting
shall be held. This meeting shall be held within fifteen (15) working days.
33.3 Copies.
A. The County shall provide the employee with copies of all performance evaluation
reports and letters of reprimand or warning or counseling memos prior to the
placement of such documents in the employee's departmental personnel file.
B. A counseling memo placed in an employee's departmental personnel file which is
not referenced in the employee's subsequent performance evaluation shall be
removed from the employee's departmental personnel file upon the written request
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SECTION 33 – PERSONNEL ACTIONS
of the employee. If an employee is not evaluated when an annual performance is
due, the employee may request through the Department Personnel Officer that a
performance evaluation be completed. If an employee has not had a performance
evaluation within eighteen (18) months subsequent to a counseling memo being
placed in the employee's department personnel file, the counseling memo shall be
removed from the employee's personnel file, provided that there has not been a
subsequent counseling memo on the same subject in that period of time.
C. When issuing a Letter of Reprimand, the appointing authority will also provide the
employee with a document that gives the employee the option of authorizing the
County to provide his/her union with a copy of the Letter of Reprimand. If the
employee signs the authorization document and returns it to the appointing
authority, the appointing authority will thereafter provide a copy of the employee’s
Letter of Reprimand to SEIU Local 1021, as authorized.
33.4 Performance Evaluation. The purpose of a performance evaluation for an
employee is to measure the employee's performance against the job specifications and
performance requirements of the position that the incumbent is filling. It answers the
questions of how well an employee is doing in meeting the department's performance
standards for this job. It satisfies a basic requirement for the employee to know where
she/he stands with the organization in regard to his/her performance. It delineates areas of
strengths and weaknesses. Where performance is below standard, it suggests possible
ways of making improvement.
During the probationary period of newly hired employees, the performance evaluation is
used as the last phase of an individual's examination process. Probationary employees
receive a preliminary evaluation at the end of five (5) months, and a final evaluation after
their eighth (8th) month of probation. Employees who have passed County Probation and
are promoted to a new class receive a preliminary evaluation at the end of three (3)
months, and a final evaluation after their fifth (5th) month of probation in the new class. An
overall rating of STANDARD must be received on the final probationary evaluation in order
for the employee to achieve permanent status.
Once an employee achieves permanent status, the employee's performance is evaluated at
least once a year. Additional evaluations may be made between these required
evaluations as necessary. Evaluations will also be made when an employee or supervisor
terminates, or when an employee or supervisor is reassigned to another unit and more than
four (4) months have elapsed since the last written evaluation. In the event a permanent
employee receives an overall rating of BELOW STANDARD, such employee must be
reevaluated within three (3) months following the date of the report. If the employee shows
no significant improvement at the end of this period, a recommendation for demotion or
dismissal will be made. However, if at the end of three months, there has been
improvement but the employee's performance is still not at a STANDARD level, the
employee may be given two (2) additional three-month periods to meet the standards if the
supervisor agrees those standards will be reached during this period.
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SECTION 33 – PERSONNEL ACTIONS
The work performance of each employee is to be rated on all of the rating factors on the
appropriate form. Each of these factors has been found to be of critical importance in
determining successful job performance for employees.
Individual rating factors and overall ratings of BELOW STANDARD must be substantiated
in the Comments section, as well as suggestions or plans for improved performance in
those areas.
If some significant aspect of performance is above the level indicated by the factor rating,
this may be pointed out by a statement in the Comments section to the employee.
The Rater will discuss the report with the employee and provide the employee with a copy
at that time if the employee wishes to discuss the report with the Reviewer. In signing the
report, the employee is merely acknowledging having seen the report; it does not indicate
agreement.
DEFINITIONS OF RATINGS: A factor rating of STANDARD means that this part of the
employee's work performance is consistently up to the level expected of a competent
worker in the position. An overall rating of STANDARD means that the employee's work
performance is acceptable and will result, where pertinent, in receipt of salary increment,
promotion, or permanent status. A factor rating of BELOW STANDARD means that this
part of the employee's work performance is frequently below the level of a competent
worker in the position and that effort should be made to improve. An overall rating of
BELOW STANDARD means the employee's work performance is inadequate and may
result in the loss or delay of the salary increment, demotion, dismissal, or rejection on
probation.
APPEAL PROCEDURE: If an employee believes his/her rating is improper, he/she should
discuss it with the Rater. If still not satisfied, the employee should sign the report and place
an "X" in the space provided by his/her signature to indicate he/she wishes to discuss the
report with the Reviewer (the Social Service Division Manager). Within five (5) calendar
days after being given a copy of the Report of Performance Evaluation, an employee who
wishes consideration in addition to the Rater's evaluation should prepare a written
statement to the Reviewer as follows: 1) Identify the report by stating the date of the report,
the name of the Rater, and the date the report was received; 2) Specify the ratings or
comments which he/she believes are incorrect and should be changed; 3) Give facts
substantiating the requested changes to these ratings or comments; 4) Keep a copy of the
written request and send the original to the Reviewer. Upon receiving the written statement,
the Reviewer will have five (5) calendar days to meet with the employee to consider the
employee's comments and to respond in writing. The Reviewer's response shall be given
to the employee. A copy of the Reviewer's response along with the employee's written
statement shall be attached to the Report of Performance Evaluation. Failure to allow the
foregoing procedure is subject to the grievance procedure. However, disputes over the
actual content or ratings themselves in individual evaluations are not grievable.
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SECTION 34 – SAFETY PROGRAM
SECTION 34 – SAFETY PROGRAM
The County is committed to providing a safe work environment for our employees. To that
end, health and safety standards shall be maintained in all County facilities to a maximum
degree consistent with the conduct of efficient operations.
The Department of Employment and Human Services shall operate a department-wide
employee health and safety program. This program shall consist of:
A. A central department Safety Committee comprised of two (2) members from each
major building location. A major building location is defined as a building that houses
at least 100 employees. The representatives for each major building are the
Building Supervisor and an SEIU Local 1021 designee. A designated alternate
attends the department safety committee meeting in the absence of the Building
Supervisor. The Department Safety Coordinator serves as chairperson. The
department safety committee meets every six (6) weeks. Minutes of each meeting
are recorded and distributed to all EHSD staff.
B. All Committee members will receive training on a) accident/injury reporting
procedures, b) accident/injury investigation and prevention, c) safety awareness,
and d) procedures by which safety concerns are handled. This training is conducted
through EHSD’s Injury and Illness Prevention Program (IIPP).
C. Committee recommendations shall be reported to and reviewed by the
Administration Bureau Director, who acts on recommendations that are within his
delegated authority. All other recommendations are reported to the Department
Head for review. Responses to such recommendations shall be communicated to
the Safety Committee at its next regularly scheduled meeting or some other
mutually agreeable period.
D. Existing Site safety committees will continue to further extend EHSD’s safety
program.
E. Safety Committee meeting time and locations will be posted in advance and
meetings are open to employees. Employees who wish to attend a Safety
Committee meeting during scheduled work hours must request time off in advance
from their supervisor and may use non-sick leave accruals for the meeting
attendance.
In addition, departments will continue to ensure a designated Safety Coordinator is
selected to serve as the liaison between Risk Management and the department to address
any safety issues.
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SECTION 35 – FLEXIBLE STAFFING
SECTION 35 – FLEXIBLE STAFFING
35.1 Designated Positions. Certain positions may be designated by the Director of
Human Resources as flexibly staffed positions. Positions are generally allocated at the first
level of the job series when vacated. When the position is next filled and an incumbent of
one of these positions meets the minimum qualifications for the next higher level and has
met appropriate competitive requirements he/she may then be promoted to the next higher
classification within the job series without need of a classification study.
The following job classifications are flexibly staffed:
Social Casework Specialist I to Social Casework Specialist II
Eligibility Worker I to Eligibility Worker II
Eligibility Worker II to Eligibility Work Specialist
Open examinations at either level in the above-mentioned classifications shall be
administered upon the request of the Department Head and approval of the Director of
Human Resources.
35.2 Continuous Testing for Flexibly Staffed Classes. Employees in a flexible staffed
job series which have been determined by the Director of Human Resources as appropriate
for continuous testing may apply for promotion to the next higher classification level as
follows:
Applicants must file the regular Human Resources Department Application and where
applicable, the appropriate supplemental questionnaire with the Employment and Human
Services Department. Employees who file applications must notify their supervisor.
Nothing contained in this section shall be construed as making a promotion automatic or
automatically effective on the first of the month following the filing of an application. It is the
responsibility of the Division Manager that has approved the promotion for employees in
flexibly staffed positions to submit a request to the Employment and Human Services
Personnel Unit no later than 15th the of the month prior in which they wish to promote the
employee. Upon approval, the personnel analyst in the Personnel Unit will forward the
application and an AK-9 to the Human Resources Department by the 25th of the month to
be effective the first of the following month. It is the employee's responsibility to submit
applications for promotion sufficiently in advance to assure receipt in Employment and
Human Services Department by the above stated deadline.
If an error occurs in the Human Resources office or the Employment and Human Services
Department Personnel Unit which causes a delay in the processing of an application, said
error shall be corrected and the employee shall be placed on the eligible list retroactively to
the first of the month following his/her eligibility.
If a Division Manager or supervisor causes a delay in the processing of an approved
application, the employee shall be placed on the eligible list retroactive to the first of the
month following his/her eligibility.
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SECTION 36 – CAREER LADDER
If an operating department verifies in writing the intent to promote an employee on the first
of the month following eligibility, said appointment shall be made retroactive to the first of
the month following his/her eligibility.
SECTION 36 – CAREER LADDER
The County agrees to the concept of a career ladder which will enhance the opportunities
for employees to attain positions in other classification series. For this purpose, the
following classes are considered to be those classes representing such promotional
opportunities: Eligibility Work Specialist, Social Service Program Assistant, Social
Casework Assistant.
The County shall amend the Welfare Fraud Classification as follows:
A. By reclassifying Social Service Welfare Fraud Investigators doing Early Fraud to
"Social Service Welfare Fraud Field Investigators."
B. Welfare Fraud Field Investigators shall have the option of carrying pepper spray.
SECTION 37 – STAFFING ALLOCATIONS AND WORKLOAD DISTRIBUTION
37.1 Staffing Review. The Department of Employment and Human Services shall review
the amount and nature of work in its operating units on at least a quarterly basis (or
scheduled as agreed by the parties) and shall initiate reassignments of employees
necessary to balance the number of available employees in each classification with the
existing and expected amount and nature of work in operating units throughout the
Department. The process to be used in determining work assignment and volume shall be
to balance the existing amount of work among existing staff, in accordance with applicable
sections of this MOU.
37.2 Department/Union Meetings. There shall be meetings between the Department of
Employment and Human Services and the Union on at least a quarterly basis (or scheduled
as agreed by the parties) to review and discuss the existing amount and nature of work; to
share information and ideas on workload issues throughout the Department; and to discuss
long-range planning concerning Department programs and implementation. The meeting(s)
will be chaired by a Program Bureau Director or Department Personnel Officer or his/her
designee.
A. Health Services Department/Union Meetings. There shall be meetings between
the Health Services Department and the union on a quarterly basis (or scheduled as
agreed by the parties) to discuss items specific to members working in the Health
Services Department.
37.3 Department Head and County Administrator Meetings. The Union may request
a meeting with the Employment and Human Services Department Head to address specific
staffing/workload concerns after two (2) meetings with the Program Bureau director or
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SECTION 37 – STAFFING ALLOCATIONS AND WORKLOAD
DISTRIBUTION
Department Personnel Officer have occurred. This discussion will not preclude the
Bureau’s ability to allocate and assign staff on an ongoing basis.
After meeting with the Department Head, if the specific workload issues discussed remain
unresolved after thirty (30) days, the Union may then request a meeting with the County
Administrator.
37.4 Program Committees. It will be the ongoing expectation and process that program
specific issues shall in most cases be addressed in a timely manner in the respective
Program Committee(s). Topics for discussion in Program Committees include potential
program/regulation changes, information regarding new procedures, forms, and other
factors or changes in procedures which may have an impact on workload. Any items
declined by the Program Committee for discussion/action will be listed in the minutes.
Program Committees shall meet monthly, unless a meeting is waived by the Director or
his/her designee, and written minutes shall be furnished to the Union on a timely basis.
Such minutes should clearly identify issues and program committee actions. If the minutes
do not reflect a resolution, response, or a failure to respond to pending issues within forty-
five (45) days from the date of the meeting, the Union may discuss with the Program
Bureau Director in the meetings held in accordance with Section 37.2 – Department/Union
Meetings will work within the appropriate chain of command in managing committee work
and agendas expeditiously.
Summary minutes shall be kept for each Program Committee meeting and shall be
distributed to all committee members prior to the next meeting. These minutes shall be
posted in each Department of Employment and Human Services building by the
Department.
37.5 Workload Streamlining. The Union may quarterly identify functions, procedures,
and processes which it believes are unnecessary, and that should be discontinued as a
means of streamlining workload. The Union’s items identified should be transmitted both to
the Department Personnel Officer and respective Program Bureau Director for review and
response.
If the items identified are County mandated only, the Department has sixty (60) days to
respond by discontinuing the process or provide the reasoning for continuing them.
If the items identified are State or Federally mandated, and the Department considers it
feasible that they be discontinued, the Department will request appropriate waivers. If the
Department does not believe the change or a waiver is feasible, it will provide the
reasoning for continuing. Upon receipt of the requested waiver approvals, the process
shall be discontinued.
37.6 Maintenance of Positions. The Department of Employment and Human Services
will make all reasonable efforts to keep filled all budgeted and authorized positions and to
the extent possible, will attempt to maximize the use of permanent employees.
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SECTION 38 – STAFFING ALLOCATIONS AND REASSIGNMENTS
SECTION 38 – STAFFING ALLOCATIONS AND REASSIGNMENTS
On the basis of ongoing staffing/workload distribution review, per Section 37.1 – Staffing
Review, the Department of Employment and Human Services shall initiate reassignments
of staff.
The following procedure shall be used:
A. Internal moves within a building shall be made at the discretion of the Division Head
within five (5) days following publication and Union receipt of Department staff and
caseload allocations. In determining moves of employees within an office,
managers will solicit volunteers; if no volunteers respond, the employee with the
least series seniority within the unit/area identified will be moved.
B. Authorized staffing levels shall be published on a monthly basis. After any internal
moves in a building have been made in accordance with Step a, further vacant
authorized positions in buildings shall be alternately bid to the appropriate class in
all offices for a four-day period or certed from the appropriate Eligible List.
C. Employees responding to bids shall respond to the Department Personnel Unit, and
must confirm any verbal response in writing; written confirmation must be received
by 5:00 p.m. on the day the bid closes for the employee to be considered in
determining the five (5) most senior employees in the class.
D. With respect to responding to bids for the Welfare Fraud Investigator class or
Welfare Fraud Field Investigator class, the bidding will be restricted to employees in
one of the two above classes.
E. If the Department is at authorized staffing and there are no responses to the posted
bid notice, the least senior employee within the class, within the building having staff
overage(s) of at least one (1) FTE shall be reassigned within two (2) weeks of the
closing of the bid. If the Department is below the authorized staffing level and there
are no responses to the posted bid notice, the Department will cert from the
appropriate Eligible List.
F. Authorized vacancies resulting from the bid process shall automatically be certed
from an appropriate eligible list.
G. Persons involuntarily reassigned shall be given the opportunity to return to their
former building when the first vacancy occurs in the building from which the
employee was involuntarily transferred provided, however, if an employee voluntarily
transfers after such involuntary transfer that employee shall lose such reversionary
rights.
H. Positions flagged as needing a language skill or special qualifications shall be
identified on bids. Only employees having such skill or meeting such qualifications
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SECTION 39 – REIMBURSEMENT FOR MEAL EXPENSES
shall be accepted for bid interviews or for mandatory reassignments as provided in
this section.
I. Specially funded assignments or assignments of limited duration shall not be subject
to procedures in this Section.
J. Reassignments shall not be used as a replacement for discipline. Employees on
probation or in an Improvement Needed Review status shall not be reassigned. An
employee who is reassigned out-of-seniority-order shall be offered the first vacancy
to be filled in the class and building from which the employee was mandatorily
reassigned. At the next quarterly staffing review an employee mandatorily
reassigned out-of-seniority-order shall be given first opportunity for reassignment as
provided in Section 37.2 – Department/Union Meetings or Section 37.3 –
Department Head and County Administrator Meetings, whichever is applicable; or if
no staffing imbalances exist, the most senior employee shall be offered the
opportunity to exchange positions provided the least senior employee is no longer
on probation or Improvement Needed Review status.
K. In each classification, series seniority for reassignment purposes shall be
determined by date of hire into that series as defined below:
Eligibility Series: Eligibility Worker I, Eligibility Worker II, Eligibility Work Specialist.
Eligibility Series: Eligibility Worker I, Eligibility Worker II, Eligibility Work Specialist.
Social Work Series: Social Services Program Assistant, MediCal Program
Assistant, Social Worker, Vocational Counselor (classes which have been
abandoned but were a part of the Social Worker or Vocational Counselor series
shall be included for the purpose of determining series seniority).
Casework Specialist Series: Social Casework Assistant, Social Casework Specialist
I, Social Casework Specialist II.
Social Services Welfare Fraud Field Investigator Series: Social Service Welfare
Fraud Field Investigator and Social Services Senior Welfare Fraud Field
Investigator.
SECTION 39 – REIMBURSEMENT FOR MEAL EXPENSES
Procedures and definitions relative to reimbursement for meal expenses shall be in
accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 40 – PERSONAL PROPERTY REIMBURSEMENT
The loss or damage to personal property of employees is subject to reimbursement under
the following conditions:
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SECTION 41 – LENGTH OF SERVICE DEFINITION
A. The loss or damage must result from an event which is not normally encountered or
anticipated on the job and which is not subject to the control of the employee.
B. Ordinary wear and tear of personal property used on the job is not compensated.
C. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of duty.
E. The loss or damage was not a result of negligence or lack of proper care by the
employee.
F. The personal property was necessarily worn or carried by the employee in order to
adequately fulfill the duties and requirements of the job.
G. The loss or damage to employee’s eyeglasses, dentures, or other prosthetic devices
did not occur simultaneously with a job-connected injury covered by workers'
compensation.
H. The amount of reimbursement shall be limited to the actual cost to repair damages.
Reimbursement for items damaged beyond repair shall be limited to the actual value
of the item at the time of loss or damage but not more than the original cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the Administrative
Bulletin on Compensation for Loss or Damage to Personal Property.
SECTION 41 – LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals)
The length of service credits of each employee of the County shall date from the beginning
of the last period of continuous County employment (including temporary, provisional, and
permanent status, and absences on approved leave of absence). When an employee
separates from a permanent position in good standing and within two years is reemployed
in a permanent County position, or is reemployed in a permanent County position from a
layoff list within the period of layoff eligibility, service credits shall include all credits
accumulated at time of separation, but shall not include the period of separation. The
Director of Human Resources shall determine these matters based on the employee status
records in his/her department.
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SECTION 42 – SERVICE AWARDS
SECTION 42 – SERVICE AWARDS
The County shall continue its present policy with respect to service awards including time
off; provided, however, that the type of award given shall be at the sole discretion of the
County.
The following procedures shall apply with respect to service awards:
Presentation Before the Board of Supervisors. An employee with twenty (20) or more years
of service may go before the Board of Supervisors to receive his/her Service Award. When
requested by a department, the Human Resources Department will make arrangements for
the presentation ceremony before the Board of Supervisors and notify the department as to
the time and date of the Board meeting.
Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to
take the day off with pay at each five (5) year anniversary.
SECTION 43 – PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits. They
are eligible for health, dental and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time. If the employee works at least
fifty percent (50%) of full time, County retirement participation is also included.
SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS &
BENEFITS
A. Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
B. Permanent-Intermittent employees may be eligible for certain special types of pays
and benefits in addition to wages under specifically defined circumstances. A list of
those special pays and benefits that are applicable to permanent-intermittent
employees is included as Attachment E. If a special pay or benefit that is described
in this MOU does not specifically reference permanent-intermittent employees or the
special pay or benefit is not included in Attachment E, then the special pay or benefit
does not apply to permanent-intermittent employees.
SECTION 45 – PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately prior
to their provisional appointment, are eligible for vacation and sick leave benefits. Said
provisional employees may participate in the County Group Health Plan Program wholly at
the employee's expense. The County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the monthly premium appropriately
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SECTION 46 – INDEMNIFICATION AND DEFENSE OF COUNTY
EMPLOYEES
and punctually. Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan Program and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 46 – INDEMNIFICATION AND DEFENSE OF COUNTY EMPLOYEES
The County shall defend and indemnify an employee against any claim or action against
the employee on account of an act or omission in the scope of the employee's employment
with the County in accordance with, and subject to, the provisions of California Government
Code Sections 825 et seq and 995 et seq.
SECTION 47 – MODIFICATION AND DECERTIFICATION
For the duration of this MOU the following amendments to Board Resolution No. 81/1165
shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified in the first paragraph to delete
the ten percent (10%) requirement for an employee organization intervening in the unit
determination process and substitute therefore a thirty percent (30%) requirement.
Section 34-12.013 - Election Procedure (b) shall be modified in the first paragraph to delete
the ten percent (10%) requirement for any recognized employee organization(s) to appear
on the ballot and substitute therefore a thirty percent (30%) requirement.
Section 34-12.016 - Modification of Representation Units shall be modified in the first
sentence by adding words to the effect of "most recent" to the date of determination. This
section shall be modified in the second sentence to require that petitions for modification of
a representation unit be filed during a period of not more than one hundred and fifty (150)
days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in
effect. The last sentence of this section shall be modified so that modification of a
representation unit shall not negate the term of an existing MOU between the County and
the recognized employee organization of the unit prior to the modification proceedings.
Section 34-12.018 - Decertification Procedure shall be modified in the first sentence by
adding words to the effect of "most recent" to the date of formal recognition and by
requiring the petition be submitted during a period of not more than one hundred and fifty
(150) days nor less than one hundred and twenty (120) days prior to the expiration of the
MOU in effect.
SECTION 48 – UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor practice as defined in Board of
Supervisor's Resolution No. 81/1165 against the other. Allegations of an unfair labor
practice, if not resolved in discussions between the parties within thirty (30) workdays from
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SECTION 49 –TEMPORARY EMPLOYEES
the date of receipt, may be heard and decided by a mutually agreed upon impartial third
party.
48.1 Filing. Either the County or the Union may file an unfair labor practice against the
other. Allegations of an unfair labor practice, if not resolved in discussions between the
parties, may be heard by a mutually agreed upon impartial third party.
48.2 Unfair Labor Practice - County. It is an unfair labor practice for the County to:
a. Interfere with, restrain or coerce employees in the exercise of the rights
recognized or granted in this division;
b. dominate or interfere with the formation of any employee organization or
interfere with selection of a majority representative;
c. contribute financial support to any employee organization; or
d. refuse to meet and confer in good faith (with representatives of formally
organized employee organizations on matters within the scope of
representation), or to refuse to consult with informally recognized employee
organizations on matters within the scope of representation.
48.3 Unfair Labor Practice - Union. It is an unfair labor practice for the Union or their
representatives or members to:
a. Interfere with, restrain or coerce employees in the exercise of the rights
recognized or granted in this division;
b. coerce, attempt to coerce or discipline any member of an organization so as
to hinder or impede the performance of his duties;
c. discriminate against any employee with regard to the terms or conditions of
membership because of race, color, creed, sex or national origin;
d. refuse to consult, or meet and confer in good faith, with management
representatives on matters within the scope of representation; or
e. initiate, engage in, cause, instigate, encourage or condone a work stoppage
of any kind or other disruptive activities which are detrimental to the conduct
of county business and services.
SECTION 49 –TEMPORARY EMPLOYEES
49.1 Recognition. Social Services Union, Local 1021 is the formally recognized
employee organization for temporary employees, not including emergency appointments
and retiree temporary appointments, who are employed by Contra Costa County in those
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SECTION 49 –TEMPORARY EMPLOYEES
classifications covered by the MOU between Social Services Union, Local 1021 and Contra
Costa County.
A. Temporary Employees. Temporary employees hired on or after January 1, 1997
may work a maximum of 1600 hours within a department. Thereafter, that temporary
may not work in that department for one year as a temporary.
B. The County may employ temporary employees in excess of 1600 hours for the
following reasons:
1. To cover for employees on leaves of absence, e.g., maternity, military,
medical, workers’ compensation.
2. While a department is actively recruiting to fill a position.
3. For regular recurring departmental needs, e.g., election season (Clerk-
Recorder), property tax season (Treasurer-Tax Collector), and “closing the
assessment roll” season (Assessor).
4. Temporary assignments for pre-determined periods of time, as determined
by the hiring department.
5. For short term seasonal work needed by a department, not to exceed 1600
hours.
The County may not replace a temporary employee with another temporary
employee except as provided in Subsections 1, 2, 3, and 4 of this Section B.
above.
The County will notify the union in advance of the period of the temporary
assignment under Subsection 4. and the period of the seasonal assignment
under Subsection 5.
C. Student Intern: The County may employ a person as a Student Intern only if that
person is enrolled in a school and is performing work for the County that is related to
his/her course of study, interest, aptitude, or education, provided however, that a
student intern hired for the summer may perform work not related to his/her course
of study, interest, aptitude or education. Student Interns may not be used in lieu of
hiring regular County employees.
D. The County may employ temporary agency employees in a manner consistent with
Government Code Section 31000.4, which provides: “The board of supervisors may
contract with temporary help firms for temporary help to assist county agencies,
departments or offices during any peak load, temporary absence, or emergency
other than a labor dispute, provided the board determines that it is in the economic
interest of the county to provide such temporary help by contract, rather than
employing persons for such purpose. Use of temporary help under this section shall
be limited to a period of not to exceed 90 days for any single peak load, temporary
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SECTION 49 –TEMPORARY EMPLOYEES
absence, or emergency situation.”
E. The County will provide to the union a temporary employee report to show the total
number of hours worked by each County temporary employee and each temporary
agency employee and not merely the annual number of hours. It shall also include
the reason the County temporary employee was hired by referring to one of the 5
reasons specified in B. above or the reason the temporary agency employee was
hired as set forth in paragraph D.
F. Appointment to a Permanent Position. If a temporary employee is appointed to a
permanent position, credited paid time off hours and earned, but not yet credited
paid time off hours, shall be converted to vacation hours and subject to the MOU
provisions relating to vacation, except that when a temporary employee is appointed
to a permanent position, the employee shall be allowed to use the earned paid time
off hours during the first six (6) months of employment in a permanent position.
Upon receipt of a request by the Union, the Human Resources Department agrees to meet
to discuss the issues related to continuous testing and the frequency of such testing
regarding specific classifications.
Effective January 1, 2000, the County shall provide quarterly reports regarding temporary
employees which include the following information: employee name, classification,
department, mail drop I.D., and number of hours worked in all classifications and
departments on a calendar year-to-date basis.
49.2 Emergency Appointments. Emergency appointments as defined in Section 809 of
the Personnel Management Regulations, and retiree temporary appointments as provided
for in Government Code, Section 31680.2, are not covered by this MOU.
49.3 Agency Shop.
A. The Union agrees that it has a duty to provide fair and nondiscriminatory
representation to all employees in all classes in the units for which this section is
applicable regardless of whether they are members of the Union.
B. All employees employed in a representation unit on or after the effective date of this
MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Union; or
2. Pay to the Union, an agency shop fee in an amount which does not exceed
an amount which may be lawfully collected under applicable constitutional,
statutory, and case law, which under no circumstances shall exceed the
monthly dues, initiation fees and general assessments made during the
duration of this MOU. It shall be the sole responsibility of the Union to
determine an agency shop fee which meets the above criteria; or
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SECTION 49 –TEMPORARY EMPLOYEES
3. Do both of the following:
a. Execute a written declaration that the employee is a member of a
bona fide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting any public
employee organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee to a non-religious, non-labor,
charitable fund chosen by the employee from the following charities:
Family and Children's Trust Fund, Child Abuse Prevention Council
and Battered Women's Alternative.
C. The Union shall provide the County with a copy of the Union's Hudson Procedure for
the determination and protest of its agency shop fees. The Union shall provide a
copy of said Hudson Procedure to every fee payor covered by this MOU within one
(1) month from the date it is approved and annually thereafter, and as a condition to
any change in the agency shop fee. Failure by a fee payor to invoke the Union's
Hudson Procedure within one month (1) after actual notice of the Hudson Procedure
shall be a waiver by the employee of their right to contest the amount of the agency
shop fee.
49.4 Agency Shop Deductions.
A. Temporary employees hired into a job class represented by Social Services Union,
Local 1021 shall be provided through the County Human Resources Department
with an Employee Authorization For Payroll Deduction card.
B. If the form authorizing payroll deduction is not returned within thirty (30) calendar
days after notice of this agency shop fee provision, and the Union dues, agency
shop fee, or charitable contribution required under Section 2 of this Letter of
Understanding are not received, the Union may in writing direct that the County
withhold the agency shop fee from the employee's salary, in which case the
employee's monthly salary shall be reduced by an amount equal to the agency shop
fee and the County shall pay an equal amount to the Union.
C. The Union shall indemnify, defend and save the County harmless against any and
all claims, demands, suits, orders, or judgments, or other forms of liability that arise
out of or by reason of this Agency Shop Section, or action taken or not taken by the
County under this Section. This includes, but is not limited to, the County's attorney
fees and costs. The provisions of this section shall not be subject to the grievance
procedure.
D. The authorization of payroll deductions requires the employee to agree to hold the
County harmless from all claims, demands, suits or other forms of liability that may
arise against the County for or on account of any deduction made from the wages of
such employee.
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SECTION 49 –TEMPORARY EMPLOYEES
49.5 Salary.
A. Temporary Hourly Rates. For all classifications represented by the Union, the
hourly rate paid temporary employees shall be the 1.00 hourly rate calculated on the
salary schedule by dividing the un-rounded monthly salary at any step by 173.33.
B. New Employees. Except as otherwise permitted in deep class resolutions,
temporary employees shall generally be appointed at the minimum step of the salary
range established for the particular class to which the appointment is made.
However, the Director of Human Resources may authorize an appointing authority
to make a particular temporary appointment at a step above the minimum of the
range.
49.6 Salary Increments Within Range.
A. Increment Eligibility and Salary Review. All temporary employees shall accumulate
a record of straight time hours worked for the purpose of a salary review to
determine whether the employee shall be advanced to the next higher step, or other
step as specified by deep class resolutions, in the salary range for the classification.
Advancement to a higher step shall be granted only on the affirmative
recommendation of the appointing authority, based on satisfactory performance by
the employee. The appointing authority may recommend granting the salary
increment or unconditional denial of the increment.
B. Frequency of Increments. Increments within range shall not be granted more
frequently than once per every 2,080 straight time hours worked by a temporary
employee.
C. Effective Date. Step increases resulting from an approved salary review shall be
effective the first of the month following completion of 2,080 straight time hours
worked and return of the salary review report to the Human Resources Department.
D New Employees. Temporary employees hired at Step 1 of the salary range for their
classification will be eligible for a salary review after completion of 1,040 straight
time hours worked; additional salary reviews will be after the cumulation of an
additional 2,080 straight time hours.
E. No provision of this section shall be construed to make the granting of salary
increments mandatory in the County.
49.7 Paid Time Off.
A. Temporary employees shall accumulate a record of straight time hours worked.
B. Based upon the accumulation of straight time hours recorded effective the first of the
month following completion of each 2080 straight time hours worked, the temporary
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SECTION 49 –TEMPORARY EMPLOYEES
employee shall be credited with forty (40) hours of paid time off. Forty (40) hours
paid time off credit is the maximum amount an employee may have at any time.
C. Use. Paid time off (PTO) shall not be taken until credited after completion of 2080
straight time hours worked. PTO shall be taken by an employee only with the
approval of his/her supervisor.
D. Paid Off at Separation. If a temporary employee terminates his/her County
employment (separates from County service), the employee shall be paid all
currently credited PTO hours and, in addition, shall be paid off for that portion of
PTO hours earned but not yet credited on the basis of that portion of the 2,080
straight time hours worked (STHW) cumulation. The formula for the earned but not
credited payoff is STHW divided by 2,080 multiplied by 40 multiplied by the current
hourly pay rate at separation.
E. Appointment to a Permanent Position. If a temporary employee is appointed to a
permanent position, the credited PTO hours and the earned but not yet credited
PTO hours, shall be converted to vacation hours and subject to the MOU provision
relating to vacation.
49.8 Provisional Employees. Social Services Union, Local 1021 is the formally
recognized employee organization for all provisional employees appointed by the County
from outside County service in classifications covered by the MOU between the County and
the Union. Provisional employees are covered by the agency shop provisions of the MOU
applicable to permanent employees, with the exception that provisional employees shall not
be required to pay any initiation fee or special assessment fee.
49.9 Grievance Procedure. Temporary and provisional employees covered by this
Section may grieve only alleged violations of the specific terms and conditions specified
in Section 49.
49.10 Positions. Subject to the approval and establishment of permanent positions by the
Board of Supervisors, if necessary, temporary employees represented by Local 1021 who
have worked not less than 6,000 hours in temporary employee status between January 1,
1991 and July 1, 1996 inclusive, shall be offered an appointment to such positions, subject
to qualification under the Personnel Management Regulations, in the classification and
department in which they currently work. Such employees shall have the option of either
remaining in temporary status (not to exceed 1000 hours in a fiscal year) or being
appointed to a permanent-intermittent, permanent part-time, or permanent full-time position.
The formula to be used to calculate the position type (full-time, part-time) for each
employee who elects appointment to a permanent position is the employee’s total number
of temporary hours worked on or after January 1, 1991, divided by the total number of
months of service in which those temporary hours were worked. Additionally, the County
agrees to meet and confer with Local 1021 concerning the future use of represented
temporary employees.
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SECTION 50 – PROJECT EMPLOYEES
Upon receipt of a request by the Union, the Human Resources Department agrees to meet
to discuss the issues related to continuous testing and the frequency of such testing
regarding specific classifications.
Effective January 1, 2000, the County shall provide quarterly reports regarding temporary
employees which include the following information: employee name, classification,
department, mail drop I.D., and number of hours worked in all classifications and
departments on a calendar year-to-date basis.
49.11 Special Pays. Temporary employees may be eligible for certain special types of
pays or benefits in addition to wages under specifically defined circumstances. A list of
those special pays and benefits that are applicable to temporary employees is included as
Attachment D. If a special pay or benefit that is described in this MOU does not specifically
reference temporary employees or the special pay or benefit is not included in Attachment
D, then it does not apply to temporary employees.
SECTION 50 – PROJECT EMPLOYEES
Project 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 classes are unique and
therefore differ from other regular classes represented in the following respects:
1.Project employees are not covered by the Merit System;
2.Project employees may be separated from service at any time without regard to the
provisions of this Memorandum of Understanding, without right of appeal or hearing
or recourse to the grievance procedure specified herein; and
3.Any provision of this Memorandum of Understanding which pertains to layoff or
seniority are not applicable to project employees.
SECTION 51 – DEPENDENT CARE
A. Dependent Care Information and Referral Service. The County will administer an
"Information and Referral Service" through the Contra Costa Child Care Council for
the duration of this MOU.
B. Dependent Care Salary Contribution. Subject to the applicable provisions of the
Internal Revenue Service, employees may contribute up to $5,000 each calendar
year from their salaries for approved dependent care; only eligible employees may
contribute for such expenses; there is no County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, proof of payment, and
applicable County administrative procedures.
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SECTION 52 – SPECIAL STUDIES AND OTHER ACTIONS
SECTION 52 – SPECIAL STUDIES AND OTHER ACTIONS
52.1 Differentials. The County and the Labor Coalition agree to establish a
Labor/Management Committee comprised of five (5) Labor and five (5) Management
employees to study and recommend actions necessary to standardize payment and
application of differentials including, but not limited to, proration for less than full-time
employees; the length of payment while on paid sick leave or disability; and consistency
between percent-based vs. flat-payment differentials.
52.2 Grievance Procedure. Representatives of the County shall meet and confer with
representatives of the Labor Coalition in order to develop rules and guidelines governing
the conduct and administration of Adjustment Boards.
52.3 Job Sharing and Part-Time Job Opportunities. The Employment and Human
Services Department and the Union agree to establish a Labor/Management Committee
comprised of a maximum of three (3) representatives of Labor and three (3) representatives
from Management to study and recommend actions necessary to identify and develop
potential part-time and job sharing opportunities, by September 30, 2000.
52.4 Telecommuting Options. The Employment and Human Services Department and
the Union agree to establish a Task Force comprised of representatives from the Union and
representatives from the Department to identify potential positions where telecommuting
could be utilized in accordance with the County’s Telecommuting Policy. The Task Force
will consider, but not be limited to, the following criteria: service delivery, coverage and
availability for participants. The Task Force shall complete its study by June 30, 2000 and
submit it to the Director of the Employment and Human Services Department.
52.5 Reclassification. The Health Services Department agrees to submit a P300
requesting the reclassification of the Public Health Social Worker positions to Medical
Social Worker II.
52.6 Job Classification. The County will develop a new employment focused job
classification which will include the following functions: MediCal Combo, MediCal Intake,
MediCal lead worker and training unit.
52.7 Ergonomics. No later than May 15, 2000, the County will submit for Coalition input
revisions to Administrative Bulletin No. 425 dated April 17, 1990, and an Ergonomic Field
Guide, with a goal of finalization by June 30, 2000.
52.8 Safety Retirement. The County agrees that if there are amendments to State law
during the term of this agreement that allow employees in the Social Casework Specialist
series to be eligible for safety retirement and such amendments are adopted by Resolution
of the Contra Costa County Board of Supervisors, the County will meet to discuss this
issue.
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SECTION 53 – ADOPTION
SECTION 53 – ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and Ordinances, where necessary,
shall be prepared and adopted in order to implement these provisions. It is understood that
where it is determined that an Ordinance is required to implement any of the foregoing
provisions, said provisions shall become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
SECTION 54 – SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
54.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU
fully and completely incorporates the understanding of the parties hereto and constitutes
the sole and entire agreement between the parties in any and all matters subject to meet
and confer. Neither party shall, during the term of this MOU demand any change herein,
provided that nothing herein shall prohibit the parties from changing the terms of this MOU
by mutual agreement. Any past side letters or any other agreements, excluding settlement
agreements, that are not incorporated into or attached to this MOU are deemed expired
upon approval of this MOU by the Board of Supervisors.
54.2 Separability of Provisions. Should any section, clause or provision of this MOU be
declared illegal, unlawful or unenforceable, by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or provision shall not invalidate the
remaining portions hereof, and such remaining portions shall remain in full force and effect
for the duration of this MOU.
54.3 Personnel Management Regulations. Where a specific provision contained in a
section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. It is
recognized, however, that certain provisions of the Personnel Management Regulations
may be supplementary to the provisions of this MOU and as such remain in full force and
effect.
SEIU 1021 R&F -107- 2016-2019
SECTION 54 – SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
54.4 Duration of Agreement. This Agreement will continue in full force and effect from
July 1, 2016 to and including June 30, 2019. Said Agreement shall automatically renew
from year to year thereafter unless either party gives written notice to the other prior to sixty
(60) days from the aforesaid termination date, of its intention to amend, modify or terminate
the agreement.
DATE: ____________________
SEIU, LOCAL 1021
Contra Costa County: (RANK & FILE UNIT):
(Signature / Printed Name) (Signature / Printed Name)
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
SEIU 1021 R&F -108- 2016-2019
SEIU, LOCAL 1021
RANK & FILE UNIT
ATTACHMENTS
A. CLASS & SALARY LISTING
B. CALIFORNIA HEALTH BENEFITS EXCHANGE PACKAGE (3/1/2013)
C. SSEFI & SSWFFI ALTERNATE CERTIFICATION SIDE LETTER
D. TEMPORARY EMPLOYEES SPECIAL PAYS
E. PI SPECIAL PAYS AND BENEFITS
F. AIR FILTERS MEMO
G. HEALTHCARE COALITION NOTICE OF CHANGES
H. RETURN TO WORK POLICY
SEIU, LOCAL 1021
RANK AND FILE
CLASS AND SALARY LISTING
EFFECTIVE: 1/1/2017
COMMUNITY AIDE UNIT
ATTACHMENT A
Job Code Classification Title
Flex Staff (F) /
Deep Class (D)From To
CW04 CAL WORKS COMMUNITY OTRCH AIDE (F)$2,335.02 $2,574.36
XDWB CHILDREN'S SERVICES AIDE $2,711.57 $3,295.94
XDWE COMMUNITY OUTREACH AIDE (F)$2,463.27 $2,715.75
XDWC SR PROGRAMS AIDE $2,676.90 $3,253.79
Salary Range
Page 1 of 1
SEIU, LOCAL 1021
RANK AND FILE
CLASS AND SALARY LISTING
EFFECTIVE: 1/1/2017
SOCIAL SERVICES UNIT
ATTACHMENT A
Job Code Classification Title
Flex Staff (F) /
Deep Class (D)From To
XQTE CALWIN HELP DESK SPECIALIST $4,950.72 $6,017.63
XQVD CALWIN ON-SITE SUPPORT SPECIAL $4,716.26 $5,732.64
XQS3 EHS PROG INTEGRITY ASST-PRJ $4,716.26 $5,732.64
XQSN EHS PROGRAM INTEGRITY ASST $4,716.26 $5,732.64
XHWA ELIGIBILITY WORKER I (F)$2,987.88 $3,631.78
XHVA ELIGIBILITY WORKER II (F)$3,473.16 $4,221.65
XHTB ELIGIBILITY WORKER III (F)$4,378.72 $5,322.36
X7TA INDP LIV SKILL PROG SPECIALIST $4,600.95 $5,592.48
XHSB MEDICAL PROGRAM ASSISTANT $4,600.95 $5,592.48
X4WB MEDICAL SOCIAL WORKER I (F)$4,533.12 $5,510.03
X4VH MEDICAL SOCIAL WORKER II (F)$5,641.95 $6,857.83
X4V2 MEDICAL SOCIAL WORKER-PROJECT $5,641.95 $6,857.83
X7WC ONE-STOP CAREER CENTER CASE MG $4,600.95 $5,592.48
XQSP QUALITY ASSURANCE MONITOR $4,716.26 $5,732.64
X7WB SOC SVC EMPLOYMENT PLACE CNSL $4,824.90 $5,864.69
X0SA SOC SVC PROGRAM ASSISTANT $4,600.95 $5,592.48
X0S1 SOC SVC PROGRAM ASSISTANT-PRJ $4,600.95 $5,592.48
XLSD SOC SVC WELFARE FRAUD INVSTG $4,600.95 $5,592.48
XDVB SOCIAL CASEWORK ASSISTANT $4,834.46 $5,876.31
X0V1 SOCIAL CASEWORK SPEC II-PROJ (F)$5,800.56 $7,050.61
X0W2 SOCIAL CASEWORK SPEC I-PROJ (F)$5,439.00 $5,996.50
X0VC SOCIAL WORKER (F)$4,834.46 $5,876.31
X0WB SOCIAL WORKER II (F)$5,439.00 $5,996.50
X0VB SOCIAL WORKER III (F)$5,800.56 $7,050.61
X0V2 SOCIAL WORKER-PROJECT $4,834.46 $5,876.31
X7W1 SS EMPLOYMENT PLACEMENT CNSL-P $4,824.90 $5,864.69
**XLSG SOC SVC SR WELF FRAUD FLD INVS (F)$5,329.13 $6,477.59
**XLSF SOC SVC WELF FRAUD FIELD INVST (F)$4,836.32 $5,878.57
** Safety Classifications Page 1 of 1
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT C
1 of 1
ATTACHMENT D
SEIU, LOCAL 1021 R & F
Section 49 – Temporary Employees - Special Pays
1 of 1
Special Pays for Temporary Employees
All Units
Type of Pay (Pay Code) MOU Section
County Overtime (OPT) Sec. 7
FLSA Overtime (OTF) None
Paid Time Off (PTO, PTO-
FML))
Sec. 49.7
Shift Differential Pay at 5%
(SH2)
Sec. 10
Unit Specific
1. Social Services Unit
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Classification(s)
Applicable
Assigned Org.
(Org.#)
Mental Health
Screening (HZ2)
30 Medical Social Worker I, II
(X4WB, X4VH)
Psychiatric Unit
(#6313)
Psychiatric
Emergency Unit
(#6381)
ATTACHMENT E
SEIU, LOCAL 1021 R & F
Section 44 – PI Employee Special Pays
Special Pays for Permanent-Intermittent Employees
All Units
Type of Pay (Pay Code) MOU Section
Jury Duty-Scheduled Work Day (JRY) Sec. 17
Military Leave (MLX) Sec. 16.4
County Overtime (OPT) Sec. 7
FLSA Overtime (OTF) None
Sick Leave Hours Taken (SCK, SCK-2BS, SCK-2FS, SCK-
2RS, SCK-CAT, SCK-FML)
Sec. 44
Vacation Hours Taken (VAC, VAC-1, VAC-FML) Sec. 44
Shift Differential Pay at 5% (SH2) Sec. 10
Negotiations Time Off (T03) Sec. 4
Unit Specific
1. Social Services Unit
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Classification(s)
Applicable
Assigned Org.
(Org.#)
Mental Health
Screening (HZ2)
30 Medical Social Worker I, II
(X4WB, X4VH)
Psychiatric Unit
(#6313)
Psychiatric
Emergency Unit
(#6381)
1 of 1
ATTACHMENT F
1 of 1
ATTACHMENT G
1 of 1
ATTACHMENT H
ATTACHMENT H
ATTACHMENT H
ATTACHMENT H
ATTACHMENT H
ATTACHMENT H6
ATTACHMENT H7
ATTACHMENT H8
ATTACHMENT H9
ATTACHMENT H10
SEIU 1021 R&F 2016-2019 MOU
Page 1 of 5
SEIU, LOCAL 1021
RANK AND FILE UNIT
SUBJECT INDEX
Accrual During Leave Without Pay .............................................................................. 37
Administration of Sick Leave ....................................................................................... 40
Adoption ................................................................................................................... 107
Advance Notice ............................................................................................................ 7
Agency Shop (Representation of Temporary Employees) ........................................ 101
Agency Shop (Union Security) ...................................................................................... 4
Aggregate Use for Spouses ........................................................................................ 53
Anniversary Dates ...................................................................................................... 11
Arbitration .................................................................................................................... 79
Attendance at Meetings ................................................................................................ 8
Automated Timekeeping Implementation .................................................................... 20
Bilingual Provisions ..................................................................................................... 82
Call Back Time Pay ..................................................................................................... 23
Career Ladder ............................................................................................................ 92
Catastrophic Leave Bank ........................................................................................... 49
Chapter Officers ............................................................................................................ 9
Classes With Probation Periods Over Six/Nine Months .............................................. 69
Coerced Resignations ................................................................................................ 74
Communicating With Employees .................................................................................. 6
Commuter Benefit Program ......................................................................................... 85
Compensation Complaints .......................................................................................... 81
Compensation for Portion of Month ............................................................................ 12
Compensatory Time .................................................................................................... 21
Competitive Exam ....................................................................................................... 71
Constructive Resignation ........................................................................................... 74
Continuous Testing for Flexibly Staffed Classes ......................................................... 91
Conversion to the New SDI Program .......................................................................... 48
Counseling .................................................................................................................. 87
Coverage During Absences ........................................................................................ 66
Credits to and Charges Against Sick Leave ................................................................ 37
Days and Hours of Work ............................................................................................. 17
Deferred Compensation Incentive ............................................................................... 83
Definitions (Days and Hours of Work) ......................................................................... 17
Definitions (Leave of Absence) ................................................................................... 53
Definitions ..................................................................................................................... 2
Department Head and County Administrator Meetings .............................................. 92
Department Notification (of Shop Stewards) ............................................................... 10
Department/Union Meetings ....................................................................................... 92
Dependent Care Assistance Program ......................................................................... 66
SEIU 1021 R&F 2016-2019 MOU
Page 2 of 5
Dependent Care ........................................................................................................ 105
Disability ..................................................................................................................... 42
Disability Insurance Review Committee ...................................................................... 48
Discrimination ............................................................................................................... 8
Dismissal, Suspension and Demotion ......................................................................... 75
Dual Coverage ............................................................................................................ 63
Dues Deduction ............................................................................................................ 4
Duration of Agreement ............................................................................................. 108
Effective Resignation .................................................................................................. 74
Emergency Appointments ......................................................................................... 101
Employee Annual Health Examination ........................................................................ 48
Employee Representation Rights ................................................................................ 77
Entrance Salary .......................................................................................................... 11
Expedited Board of Adjustment (Step 5) ..................................................................... 79
Expedited Board of Adjustment Procedures ................................................................ 80
Family Care Leave or Medical Leave .......................................................................... 52
Family Member Eligibility Criteria ................................................................................ 62
Flexible Staffing .......................................................................................................... 91
Furlough Days Without Pay ........................................................................................ 52
General Wages ........................................................................................................... 10
Grievance Procedure ................................................................................................. 78
Grievance Procedure (Representation of Temporary Employees) ............................ 104
Grievance Time Limits ................................................................................................. 81
Group Health Plan Coverage ...................................................................................... 54
Health Benefit Access for Employees Not Otherwise Covered ................................... 67
Health Care Spending Account .................................................................................. 65
Health Plan Coverages .............................................................................................. 58
Health Plan Coverages and Provisions ....................................................................... 62
Health Savings Account .............................................................................................. 65
Health, Life, & Dental Care .......................................................................................... 58
Holiday and Compensatory Time Provisions ............................................................... 34
Holiday is Observed (NOT WORKED) ........................................................................ 30
Holiday is WORKED .................................................................................................... 32
Holidays and Personal Holiday Credit ......................................................................... 29
Indemnification and Defense of County Employees .................................................... 98
Intermittent Use of Leave ........................................................................................... 52
Joint Labor/Management Benefit Committee .............................................................. 59
Jury Duty ..................................................................................................................... 57
Layoff (during Probation) ............................................................................................. 70
Layoff .......................................................................................................................... 25
Leave of Absence - Certification ................................................................................. 52
SEIU 1021 R&F 2016-2019 MOU
Page 3 of 5
Leave of Absence – Replacement and Reinstatement................................................ 55
Leave of Absence - Return ......................................................................................... 55
Leave of Absence ....................................................................................................... 50
Leave Pending Employee Response (to Notice of Proposed Action) .......................... 77
Leave Without Pay – Use of Accruals ......................................................................... 55
Leave Without Pay (Sick Leave) ................................................................................. 46
Length of Service Definition (for service awards & vacation accruals) ........................ 96
Life Insurance Benefit Under Health and Dental Plans ............................................... 65
Longevity ..................................................................................................................... 10
Lump Sum Ratification Payment ................................................................................. 10
Maintenance of Membership ........................................................................................ 6
Mediation (Step 4) ....................................................................................................... 79
Medical Plan Cost-Sharing .......................................................................................... 64
Mental Health Screening Differential .......................................................................... 86
Merit Board .................................................................................................................. 82
Method of Integration (Worker’s Comp) ...................................................................... 46
Mileage ....................................................................................................................... 85
Military Leave .............................................................................................................. 52
Modification and Decertification .................................................................................. 98
Monthly Premium Subsidy ........................................................................................... 59
No Strike ..................................................................................................................... 82
Non-English Speaking Caseloads .............................................................................. 83
Non-Exclusivity (leave of absence) ............................................................................. 56
Notice of New Employees .......................................................................................... 86
Office Stewards ............................................................................................................. 9
On-Call Duty ............................................................................................................... 23
Open Exam ................................................................................................................. 71
Overtime, Compensatory Time, & Straight Time ......................................................... 20
Paid Time Off (Temporary Employees) ..................................................................... 103
Partial Month (Employee Contribution to Health Plan Premiums) ............................... 66
Part-Time Compensation ........................................................................................... 12
Part-Time Differential .................................................................................................. 22
Pay for Work in Higher Classification ......................................................................... 15
Pay Warrant Errors ..................................................................................................... 16
Payment (10th and 25th) ............................................................................................... 16
Performance Evaluation .............................................................................................. 88
Permanent Part-Time Employee Benefits .................................................................. 97
Permanent-Intermittent Employee Special Pays &Benefits ......................................... 97
Personal Property Reimbursement ............................................................................ 95
Personnel Actions ...................................................................................................... 86
Personnel Files .......................................................................................................... 86
Personnel Management Regulations ....................................................................... 107
Policies Governing the Use of Paid Sick Leave .......................................................... 38
SEIU 1021 R&F 2016-2019 MOU
Page 4 of 5
Position Reclassification ............................................................................................. 72
Pregnancy Disability Leave ........................................................................................ 54
Premium Conversion Plan ........................................................................................... 66
Prevailing Section ....................................................................................................... 66
Probationary Period..................................................................................................... 69
Program Committees ................................................................................................. 93
Program Design (Catastrophic Leave Bank) ............................................................... 49
Project Employees .................................................................................................... 105
Promotion - Via Reclassification Without Examination ............................................... 71
Promotion Policy ........................................................................................................ 71
Promotion .................................................................................................................... 71
Promotional Employment List – Rule of Five .............................................................. 72
Provisional Employee Benefits ................................................................................... 97
Provisional Employees .............................................................................................. 104
Purpose of Sick Leave ................................................................................................ 37
Rate Information (Health, Life, & Dental Car) .............................................................. 66
Reassignment of Laid Off Employees ........................................................................ 29
Recognition (Temporary Employees) ......................................................................... 99
Reimbursement for Meal Expenses ............................................................................ 95
Reimbursement for Use of Personal Vehicle ............................................................... 85
Reinstatement From Family Care Medical Leave ....................................................... 56
Rejection During Probation of Layoff Employee .......................................................... 71
Rejection During Probation ......................................................................................... 69
Requirements for Promotional Standing ...................................................................... 72
Resignations .............................................................................................................. 73
Respite Leave Without Pay ........................................................................................ 85
Retirement Contribution ............................................................................................. 67
Retirement Coverage .................................................................................................. 60
Revised Probationary Period ....................................................................................... 69
Revocation (of Resignation) ....................................................................................... 74
Safety Employees Retirement ..................................................................................... 68
Safety Program .......................................................................................................... 90
Safety Retirement (for Social Casework Specialist) .................................................. 106
Salaries ...................................................................................................................... 10
Salary Differential (Bilingual) ....................................................................................... 82
Salary Increments Within Range ................................................................................ 11
Salary Increments Within Range (Temporary Employees) ........................................ 103
Salary on Appointment from a Layoff List ................................................................... 14
Salary on Involuntary or Voluntary Demotion ............................................................. 14
Salary on Promotion ................................................................................................... 13
Salary Reallocation and Salary on Reallocation ......................................................... 13
Salary Review While on Leave of Absence ................................................................. 56
Scope of Agreement and Separability of Provision .................................................. 107
Scope of Arbitration Decisions and Expedited Board of Adjustment ........................... 81
Seniority Credits ......................................................................................................... 72
Separation Through Layoff ......................................................................................... 26
SEIU 1021 R&F 2016-2019 MOU
Page 5 of 5
Service Awards .......................................................................................................... 97
Shift Differential .......................................................................................................... 24
Shop Stewards and Official Representatives ............................................................... 8
Sick Leave .................................................................................................................. 37
Skelly Requirements ................................................................................................... 76
Spanish Notices of Action .......................................................................................... 82
Special Employment Lists .......................................................................................... 28
Special Studies and Other Actions ............................................................................ 106
Staffing Allocations and Reassignments .................................................................... 94
Staffing Allocations and Workload Distribution ........................................................... 92
Staffing Review ........................................................................................................... 92
Staggered Work Schedule .......................................................................................... 18
State Disability Insurance (SDI) ................................................................................. 46
Sufficient Cause for Action (for Dismissal, Suspension & Demotion) ......................... 75
Supplemental Life Insurance ....................................................................................... 65
Suspension (length of) ................................................................................................ 77
Telecommuting Options ............................................................................................ 106
Temporary Employees ............................................................................................... 99
Time Off to Vote .......................................................................................................... 56
Training Reimbursement ............................................................................................ 84
Transfer (Salaries)....................................................................................................... 14
Transfer Without Examination .................................................................................... 73
Transfer ....................................................................................................................... 72
Unauthorized Absence ................................................................................................ 56
Unfair Labor Practice .................................................................................................. 98
Union Dues Form ......................................................................................................... 6
Union Notification (Grievance) .................................................................................... 82
Union Recognition ........................................................................................................ 4
Union Security .............................................................................................................. 4
Use of County Buildings ................................................................................................ 7
Vacation Accrual Rates .............................................................................................. 35
Vacation Allowance for Separated Employees ............................................................ 37
Vacation Allowance ..................................................................................................... 35
Vacation Leave .......................................................................................................... 35
Vacation Preference ................................................................................................... 37
Voluntary Vision Plan .................................................................................................. 65
Wages ......................................................................................................................... 10
Withdrawal of Membership ............................................................................................ 6
Witness Duty .............................................................................................................. 58
Workers’ Compensation ............................................................................................. 44
Workforce Reduction/Layoff/Reassignment ................................................................ 25
Workload Streamlining ............................................................................................... 93
Written Statement for New Employees ......................................................................... 8
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SEIU, LOCAL 1021
SERVICE LINE SUPERVISORS UNIT
JULY 1, 2016 - JUNE 30, 2019
- i -
SEIU, LOCAL 1021
SERVICE LINE SUPERVISORS UNIT
TABLE OF CONTENTS
DEFINITIONS
SECTION 1 UNION RECOGNITION ........................................................................... 4
SECTION 2 UNION SECURITY
2.1 Dues Deduction ....................................................................................... 4
2.2 Agency Shop ............................................................................................ 4
2.3 Maintenance of Membership ................................................................... 5
2.4 Union Dues Form ..................................................................................... 6
2.5 Withdrawal of Membership ...................................................................... 6
2.6 Communicating With Employees ............................................................. 6
2.7 Use of County Buildings ........................................................................... 7
2.8 Advance Notice ........................................................................................ 7
2.9 Written Statement for New Employees .................................................... 8
SECTION 3 NO DISCRIMINATION ............................................................................. 8
SECTION 4 SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ........................................................................... 8
4.2 Union Representatives ............................................................................. 9
4.3 Social Service Office Stewards ................................................................ 9
4.4 Department Notification ........................................................................... 9
SECTION 5 SALARIES
5.1 General Wages ........................................................................................ 9
5.2 Entrance Salary ...................................................................................... 10
5.3 Anniversary Dates .................................................................................. 10
5.4 Increments Within Range ...................................................................... 11
5.5 Part-Time Compensation ....................................................................... 12
5.6 Compensation for Portion of Month ....................................................... 12
5.7 Position Reclassification ........................................................................ 12
5.8 Salary Reallocation & Salary on Reallocation ....................................... 12
5.9 Salary on Promotion ............................................................................... 13
5.10 Salary on Appointment From a Layoff List............................................. 13
5.11 Salary on Involuntary Demotion ............................................................. 13
5.12 Salary on Voluntary Demotion ............................................................... 14
5.13 Transfer .................................................................................................. 14
5.14 Pay for Work in Higher Classification .................................................... 14
5.15 Payment ................................................................................................. 15
5.16 Pay Warrant Errors ................................................................................ 16
SECTION 6 DAYS & HOURS OF WORK
6.1 Definitions .............................................................................................. 16
6.2 Staggered Work Schedule ..................................................................... 17
6.3 Automated Timekeeping Implementation .............................................. 18
6.4 Time Reporting/Time Stamping ............................................................. 19
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SECTION 7 PAID PERSONAL LEAVE ..................................................................... 19
SECTION 8 CALL BACK TIME PAY ........................................................................ 19
SECTION 9 ON-CALL DUTY .................................................................................... 20
SECTION 10 SHIFT DIFFERENTIAL .......................................................................... 20
SECTION 11 SENIORITY, WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
11.1 Workforce Reduction ............................................................................. 21
11.2 Separation Through Layoff .................................................................... 22
11.3 Notice ..................................................................................................... 25
11.4 Special Employment Lists ...................................................................... 25
11.5 Reassignment of Laid Off Employees ................................................... 25
SECTION 12 HOLIDAYS
12.1 Holidays and Personal Holiday Credit ................................................... 26
12.2 Holidays is Observed (NOT WORKED) ................................................ 27
12.3 Permanent-Intermittent Employees ....................................................... 28
SECTION 13 VACATION LEAVE
13.1 Vacation Allowance ................................................................................ 28
13.2 Vacation Accrual Rates.......................................................................... 29
13.3 Vacation Accrual During Leave Without Pay ......................................... 30
13.4 Vacation Allowance for Separated Employees ..................................... 30
13.5 Vacation Preference .............................................................................. 31
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave ........................................................................... 31
14.2 Credits to & Charges Against Sick Leave .............................................. 31
14.3 Policies Governing Use of Paid Sick Leave .......................................... 31
14.4 Administration of Sick Leave ................................................................. 34
14.5 Disability ................................................................................................. 35
SECTION 15 WORKERS' COMPENSATION AND CONTINUING PAY
15.1 Workers’ Compensation ........................................................................ 38
15.2 Method of Integration ............................................................................. 40
15.3 State Disability........................................................................................ 40
15.4 General Provisions ................................................................................. 40
15.5 Procedures ............................................................................................. 40
15.6 Method of Integration ............................................................................. 41
15.7 Definition ................................................................................................ 41
15.8 Conversion to the New SDI Program ..................................................... 42
SECTION 16 CATASTROPHIC LEAVE BANK
16.1 Program Design ..................................................................................... 42
16.2 Operation ............................................................................................... 42
SECTION 17 LEAVE OF ABSENCE
17.1 Leave Without Pay ................................................................................. 44
17.2 General Administration-LOA .................................................................. 44
17.3 Furlough Days Without Pay ................................................................... 45
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17.4 Military Leave ......................................................................................... 45
17.5 Family Care Leave or Medical Leave .................................................... 45
17.6 Medical Certification ............................................................................... 46
17.7 Intermittent Use of Leave ....................................................................... 46
17.8 Aggregate Use for Spouse .................................................................... 46
17.9 Definitions .............................................................................................. 46
17.10 Pregnancy Disability Leave .................................................................... 47
17.11 Group Health Plan Coverage ................................................................. 47
17.12 Leave Without Pay – Use of Accruals ................................................... 48
17.13 Leave of Absence Replacement and Reinstatement ............................ 48
17.14 Leave of Absence Return ...................................................................... 49
17.15 Reinstatement From Family Care Medical Leave ................................. 49
17.16 Salary Review While on Leave of Absence ........................................... 49
17.17 Unauthorized Absence ........................................................................... 49
17.18 Non-Exclusivity ....................................................................................... 49
17.19 Time Off to Vote ..................................................................................... 49
SECTION 18 JURY DUTY AND WITNESS DUTY
18.1 Jury Duty ................................................................................................ 50
18.2 Witness Duty .......................................................................................... 51
SECTION 19 HEALTH, LIFE AND DENTAL CARE
19.1 Health Plan Coverages .......................................................................... 51
19.2 Monthly Premium Subsidy ..................................................................... 52
19.3 Retirement Coverage ............................................................................. 53
19.4 Health Plan Coverages and Provisions ................................................. 55
19.5 Family Member Eligibility Criteria ........................................................... 55
19.6 Dual Coverage ....................................................................................... 57
19.7 Medical Plan Cost-Sharing on and after January 1, 2016 ..................... 57
19.8 Life Insurance Benefit Under Health and Dental Plans ......................... 58
19.9 Supplemental Life Insurance ................................................................. 58
19.10 Health Care Spending Account ............................................................. 58
19.11 PERS Long-Term Care .......................................................................... 59
19.12 Voluntary Vision Plan ............................................................................. 59
19.13 Health Savings Account ......................................................................... 59
19.14 Dependent Care Assistance Program ................................................... 59
19.15 Premium Conversion Plan ..................................................................... 59
19.16 Prevailing Section .................................................................................. 59
19.17 Rate Information..................................................................................... 60
19.18 Partial Month .......................................................................................... 60
19.19 Coverage During Absences ................................................................... 60
19.20 Child Care .............................................................................................. 60
19.21 Health Benefit Access for Employees Not Otherwise Covered ............. 60
SECTION 20 PROBATIONARY PERIOD
20.1 Duration .................................................................................................. 60
20.2 Classes With Probation Periods Over Six/Nine Months ........................ 61
20.3 Revised Probationary Period ................................................................. 61
20.4 Criteria .................................................................................................... 61
20.5 Rejection During Probation .................................................................... 61
20.6 Regular Appointment ............................................................................. 62
20.7 Layoff During Probation ......................................................................... 62
20.8 Rejection During Probation of Layoff Employee .................................... 62
- iv -
SECTION 21 PROMOTION
21.1 Competitive Exam .................................................................................. 63
21.2 Promotion Policy .................................................................................... 63
21.3 Open Exam ............................................................................................ 63
21.4 Promotion via Reclassification Without Examination ............................ 63
21.5 Requirements for Promotional Standing ................................................ 63
21.6 Seniority Credits ..................................................................................... 63
21.7 Physical Examination ............................................................................. 64
SECTION 22 TRANSFER
22.1 Transfer Conditions ................................................................................ 64
22.2 Transfer Without Examination ............................................................... 64
22.3 Transfer Policy ....................................................................................... 65
22.4 Miscellaneous Assignments .................................................................. 65
SECTION 23 RESIGNATIONS
23.1 Resignation in Good Standing ............................................................... 65
23.2 Constructive Resignation ....................................................................... 66
23.3 Effective Resignation ............................................................................. 66
23.4 Revocation ............................................................................................. 66
23.5 Coerced Resignations............................................................................ 66
SECTION 24 DISMISSAL, SUSPENSION AND DEMOTION
24.1 Sufficient Cause for Action .................................................................... 67
24.2 Skelly Requirements .............................................................................. 68
24.3 Leave Pending Employee Response .................................................... 69
24.4 Length of Suspension ............................................................................ 69
24.5 Procedure on Dismissal, Suspension or Disciplinary Demotion ........... 69
24.6 Employee Representation Rights .......................................................... 69
SECTION 25 GRIEVANCE PROCEDURE
25.1 Definition and Procedural Steps ............................................................ 70
25.2 Step 5. Expedited Board of Adjustment ................................................. 71
25.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment ... 73
25.4 Time Limits ............................................................................................. 73
25.5 Compensation Complaints ..................................................................... 73
25.6 Strike/Work Stoppage ............................................................................ 73
25.7 Merit Board ............................................................................................. 74
25.8 Filing by Union ....................................................................................... 74
25.9 Union Notification ................................................................................... 74
SECTION 26 BILINGUAL PROVISIONS .................................................................... 74
SECTION 27 RETIREMENT CONTRIBUTION
27.1 Contributions .......................................................................................... 74
27.2 Retirement Benefits – Non-Safety Employees ...................................... 75
SECTION 28 TRAINING REIMBURSEMENT ............................................................. 75
SECTION 29 MILEAGE
29.1 Reimbursement Rate ............................................................................. 76
29.2 Commuter Benefit Program ................................................................... 76
- v -
SECTION 30 RESPITE LEAVE WITHOUT PAY ........................................................ 76
SECTION 31 PROJECT EMPLOYEES ....................................................................... 76
SECTION 32 NOTICE OF NEW EMPLOYEES .......................................................... 76
SECTION 33 PERSONNEL FILES
33.1 Inspection ............................................................................................... 77
33.2 Inspection Exclusions ............................................................................ 77
33.3 Removal and Release of Material .......................................................... 77
33.4 Copies .................................................................................................... 77
33.5 Employee Response .............................................................................. 77
SECTION 34 COUNSELING ....................................................................................... 78
SECTION 35 PERFORMANCE EVALUATION
35.1 Purpose .................................................................................................. 78
35.2 Probationary Period ............................................................................... 78
35.3 Annual Evaluation .................................................................................. 78
35.4 Below Standard Evaluation .................................................................... 79
35.5 Discussion With Employee .................................................................... 79
35.6 Definitions of Ratings ............................................................................. 79
35.7 Appeal Procedure .................................................................................. 79
SECTION 36 SAFETY PROGRAM ............................................................................. 80
SECTION 37 FLEXIBLE STAFFING
37.1 Designation ............................................................................................ 81
37.2 Continuous Testing for Flexibly Staffed Classes ................................... 81
SECTION 38 STAFFING ALLOCATIONS AND REASSIGNMENTS ......................... 82
SECTION 39 REIMBURSEMENT FOR MEAL EXPENSES ....................................... 83
SECTION 40 PERSONAL PROPERTY REIMBURSEMENT ..................................... 83
SECTION 41 LENGTH OF SERVICE DEFINITION
(for Svc Awards & Vac Accruals) ....................................................... 84
SECTION 42 SERVICE AWARDS .............................................................................. 84
SECTION 43 PERMANENT PART-TIME EMPLOYEE BENEFITS ............................ 85
SECTION 44 PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS
& BENEFITS .......................................................................................... 85
SECTION 45 PROVISIONAL EMPLOYEE BENEFITS .............................................. 85
SECTION 46 INDEMNIFICATION AND DEFENSE OF COUNTY EMPLOYEES ...... 85
SECTION 47 MODIFICATION AND DECERTIFICATION .......................................... 86
- vi -
SECTION 48 UNFAIR LABOR PRACTICE
48.1 Filing ....................................................................................................... 86
48.2 Unfair Labor Practice - County............................................................... 86
48.3 Unfair Labor Practice - Union ................................................................ 87
SECTION 49 DEPENDENT CARE .............................................................................. 87
SECTION 50 SPECIAL STUDIES/OTHER ACTIONS
50.1 Task Force ............................................................................................. 87
50.2 Differentials ............................................................................................ 88
50.3 Grievance Procedure ............................................................................. 88
50.4 Ergonomics ............................................................................................ 88
SECTION 51 SPECIAL BENEFITS ............................................................................. 88
SECTION 52 ADOPTION ............................................................................................ 92
SECTION 53 SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
53.1 Scope of Agreement .............................................................................. 92
53.2 Separability of Provisions ....................................................................... 92
53.3 Personnel Management Regulations .................................................... 92
53.4 Duration of Agreement ........................................................................... 93
ATTACHMENTS
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 1021
SERVICE LINE SUPERVISORS UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of the Contra Costa County Board of Supervisors’ Resolution
81/1165 and has been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board Resolution
81/1165.
The parties have met and conferred in good faith regarding wages, hours and other terms
and conditions of employment for the employees in units in which the Union is the
recognized representative, have freely exchanged information, opinions and proposals and
have endeavored to reach agreement on all matters relating to the employment conditions
and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the joint
recommendations of the undersigned for salary and employee benefit adjustments for the
term set forth herein.
DEFINITIONS
SEIU 1021 SLS - 2 - 2016-2019
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that the
same descriptive title may be used to designate each position allocated to the group.
Class Title: The designation given to a class, to each position allocated to the class, and
to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class allocated
to a salary range for which the top step is lower than the top step of the class which the
employee formerly occupied except as provided for under Transfer or as otherwise
provided for in this MOU, in the Personnel Management Regulations, or in specific
resolutions governing deep classifications.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list for a
given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence in
accordance with provisions of this MOU and whose position is held pending his/her return.
Employment List: A list of persons, who have been found qualified for employment in a
specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the Merit
System and who have been involuntarily separated by layoff or displacement, or 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.
DEFINITIONS
SEIU 1021 SLS - 3 - 2016-2019
Project 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.
Promotion: The change of a permanent employee to another position in a class allocated
to a salary range for which the top step is higher than the top step of the class which the
employee formerly occupied, except as provided for under Transfer or as otherwise
provided for in this MOU, in the Personnel Management Regulations, or in specific
resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full-time, part-time
or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another class
at the same range of the salary schedule or to a class which is allocated to another range
that is within five percent (5%) of the top step, except as otherwise provided for in the
Personnel Management Regulations, deep class resolutions or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a higher
class or reducing it to a lower class on the basis of significant changes in the kind, difficulty
or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any class
in the Merit System and, who have voluntarily separated and are qualified for consideration
for reappointment under the Personnel Management Regulations governing reemployment.
Resignation: The voluntary termination of permanent service with the County from a
position in the Merit System.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to another
position in the same class in a different department, or to another position in a class which
is allocated to a range on the salary plan that is within five percent (5%) at top step as the
class previously occupied by the employee.
Union: Social Services Union Local 1021, Service Line Supervisors Unit.
SECTION 1 – UNION RECOGNITION
SEIU 1021 SLS - 4 - 2016-2019
SECTION 1 – UNION RECOGNITION
The Union is the formally recognized employee organization for the Social Service First
Line Supervisors' Representation unit and such organization has been certified as such
pursuant to Chapter 34-12 of Board Resolution No. 81/1165.
SECTION 2 – UNION SECURITY
2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority
representative may have dues deduction and as such, the Union has the exclusive privilege
of dues deduction or agency fee for all employees in its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and nondiscriminatory
representation to all employees in the units for which this section is applicable
regardless of whether they are members of the Union.
B. All employees employed in a representation unit on or after the effective date of this
MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1.Become and remain a member of the Union; or
2.Pay to the Union, an agency shop fee in an amount which does not exceed
an amount which may be lawfully collected under applicable constitutional,
statutory, and case law, which under no circumstances shall exceed the
monthly dues, initiation fees and general assessments made during the
duration of this MOU. It shall be the sole responsibility of the Union to
determine an agency shop fee which meets the above criteria; or
3.do both of the following:
a.Execute a written declaration that the employee is a member of a bona
fide religion, body or sect which has historically held a conscientious
objection to joining or financially supporting any public employee
organization as a condition of employment; and
b.pay a sum equal to the agency shop fee described in Section 2.2.B.2 to a
non-religious, non-labor, charitable fund chosen by the employee from the
following charities: Family and Children's Trust Fund, Child Abuse
Prevention Council and Battered Women's Alternative.
C. The Union shall provide the County with a copy of the Union's Hudson Procedure for
the determination and protest of its agency shop fees. The Union shall provide a
copy of said Hudson Procedure to every fee payer covered by this MOU within one
SECTION 2 – UNION SECURITY
SEIU 1021 SLS - 5 - 2016-2019
month from the date it is approved and annually thereafter, and as a condition to any
change in the agency shop fee. Failure by a fee payer to invoke the Union's Hudson
Procedure within one month after actual notice of the Hudson Procedure shall be a
waiver by the employee of their right to contest the amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that an employee is
separated from the representation unit but shall be reinstated upon the return of the
employee to the representation unit. The term separation includes transfer out of
the unit, layoff, and leave of absence with a duration of more than thirty (30) days.
E. Annually, the Union shall provide the Director of Human Resources with copies of
the financial report required pursuant to the Labor Management Disclosure Act of
1959. Such report shall be available to employees in the unit. Failure to file such a
report within sixty (60) days after (June 30) shall result in the termination of all
agency shop fee deductions without jeopardy to any employee, until said report is
filed.
F. Compliance.
1.An employee employed in or hired into a job class represented by the Union
shall be provided with an Employee Authorization for Payroll Deduction form by
the Human Resources Department.
2.If the form authorizing payroll deduction is not returned within thirty (30) calendar
days after notice of this agency shop fee provision and the Union dues, agency
shop fee, initiation fee or charitable contribution required under Section 2.2.B.3
are not received, the Union may, in writing, direct that the County withhold the
agency shop fee and the initiation fee from the employee's salary, in which case
the employee's monthly salary shall be reduced by an amount equal to the
agency shop fee and the County shall pay an equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against any and
all claims, demands, suits, orders, or judgments, or other forms of liability that arise
out of or by reason of this Union security section, or action taken or not taken by the
County under this Section. This includes, but is not limited to, the County's
Attorneys' fees and costs. The provisions of this subsection shall not be subject to
the grievance procedure.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Union.
I. In the event that employees in a bargaining unit represented by the Union vote to
rescind Agency Shop, the provisions of Section 2.3, 2.4, and 2.5 shall apply to dues-
paying members of the Union.
2.3 Maintenance of Membership. All employees represented by the Union who are
currently paying dues to the Union and all employees in such unit who hereafter become
SECTION 2 – UNION SECURITY
SEIU 1021 SLS - 6 - 2016-2019
members of the Union shall as a condition of continued employment pay dues to the Union
for the duration of this MOU and each year thereafter so long as the Union continues to
represent the classification to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.4.
2.4 Union Dues Form. Employees hired into classifications represented by the Union
shall, as a condition of employment at the time of employment, complete a Union dues
authorization card provided by the Union and shall have deducted from their paychecks the
membership dues of the Union. Said employees shall have thirty (30) days from the date
of hire to decide if they do not want to become a member of the Union. Such decision not to
become a member of the Union must be made in writing to the Auditor-Controller with a
copy to the 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, he/she 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.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in writing
between August 1 and August 31, any employee assigned to a classification represented
by the Union may withdraw from Union membership and discontinue paying dues as of the
payroll period commencing September 1 discontinuance of dues payments to then be
reflected in the October 10 paycheck. Immediately upon close of the above mentioned
thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees
who have rescinded their authorization for dues deduction.
2.6 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
SECTION 2 – UNION SECURITY
SEIU 1021 SLS - 7 - 2016-2019
the nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress. Such placement and/or distribution shall not be
performed by on-duty employees.
The Union shall be allowed access to work locations in which it represents employees for
the following purposes:
A. To post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact a Union officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with County
services.
2.7 Use of County Buildings. The Union shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees during non-work hours when:
A. Such space is available and its use by the Union is scheduled twenty-four (24) hours
in advance;
B. there is no additional cost to the County;
C. it does not interfere with normal County operations;
D. employees in attendance are not on duty and are not scheduled for duty;
E. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain scheduling
of such uses. The Union shall maintain proper order at the meeting, and see that the space
is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of business
meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.8 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
SECTION 3 – NO DISCRIMINATION
SEIU 1021 SLS - 8 - 2016-2019
within the scope of representation proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with the body considering the matter.
On matters within the scope of representation the County agrees that the Human
Resources Department will notify a Union's designee(s) when an issue within the scope of
representation is placed on the Board's agenda. If there is insufficient time to meet and
confer on an issue prior to the Board's meeting, the item shall be deferred if so requested
by the Union.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification which is in the Social Service
First Line Supervisors Unit that their classification is represented by Local 1021, and the
name of a representative of Local 1021. The County shall provide an opportunity for the
Union to make a thirty (30) minute presentation at the end of the Human Resources
Department’s new employee orientation meetings.
SECTION 3 – NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, political
opinion, sex, sexual orientation, or Union activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because of
age or physical disability.
SECTION 4 – SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting;
B. if their attendance is sought by a hearing body for presentation of testimony or other
reasons;
C. if their attendance is required for meetings required for settlement of grievances filed
pursuant to Section 25 - Grievance Procedure of this MOU;
D. if they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to present a
grievance;
SECTION 5 – SALARIES
SEIU 1021 SLS - 9 - 2016-2019
E. if they are designated as spokesperson or representative of the Union and as such
make representations or presentations at meetings or hearings on wages, salaries
and working conditions; provided in each case advance arrangements for time away
from the employee's work station or assignment are made with the appropriate
Department Head or designee, and the County agency calling the meeting is
responsible for determining that the attendance of the particular employee(s) is
required.
4.2 Union Representatives. The Union shall designate three (3) representatives who
shall be allowed time off on County time up to five (5) hours per week per representative,
for meetings during regular working hours when formally meeting and conferring in good
faith or consulting with the Employee Relations Officer or other management
representatives on matters within the scope of representation or for the reasons as
provided in 4.1.a-e. above. In order to minimize disruptions due to the representative's
absence, the representative will coordinate known work assignments with his/her Division
Manager; and, to the extent possible, the Department will coordinate events within the
representative's scope of responsibility which may arise during the representative's
absence.
4.3 Social Service Office Stewards. The Union may designate three (3) stewards in
the Department of Employment and Human Services who may be allowed to attend
meetings held on County time for the purposes provided in 4.1.d above. In order to
minimize disruptions due to the steward's absence, the steward will coordinate known work
assignments with his/her Division Manager; and, to the extent possible, the Department will
coordinate events within the steward's scope of responsibility which may arise during the
steward's absence.
4.4 Department Notification. The Union shall notify in writing the Department Head or
designee of those persons designated as official representatives and as stewards and of
any changes of such designations when made.
SECTION 5 – SALARIES
5.1 General Wages.
A. Effective on the first day of the month following ratification by the Union, the base
rate of pay for all classifications represented by the Union will be increased by five
percent (5%).
Effective on July 1, 2017, the base rate of pay for all classifications represented by
the Union will be increased by two percent (2%).
Effective July 1, 2018, the base rate of pay for all classifications represented by the
Union will be increased by three percent (3%).
SECTION 5 – SALARIES
SEIU 1021 SLS - 10 - 2016-2019
B. Longevity Pay. Effective July 1, 2008, employees at ten (10) years of County
service shall receive a two and one-half percent (2.5%) longevity pay differential.
C. Lump Sum Ratification Payment
1.Permanent Employees. Permanent full-time employees, including project
employees, who meet all of the following criteria will be paid a lump sum
ratification payment of one thousand dollars ($1,000). Permanent part-time
employees, including project employees, who meet all of the following
criteria, will be paid a prorated lump sum ratification payment based on
approved position hours. The prorated lump sum payment for permanent
part-time employees will be calculated by multiplying one thousand dollars
($1,000) by the employee’s approved position hours (for example: $1,000 x
(20/40)= $500).
Criteria:
a.The employee must be employed by the County in a classification
represented by the Union on the first day of the month in which the
MOU is adopted by the Board of Supervisors.
b.Temporary, permanent-intermittent, and per diem employees are not
eligible for the ratification payments.
2.The employee’s lump sum ratification payment will be subject to the
employee’s required deductions, such as taxes, wage garnishments, and
retirement.
5.2 Entrance Salary. New employees shall generally be appointed at the minimum step
of the salary range established for the particular class of position to which the appointment
is made.
However, the appointing authority may fill a particular position a step above the minimum of
the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) months service provided however, if an employee began work on
the first regularly scheduled workday of the month the anniversary date is the first
day of the calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is determined as for a
new employee in Subsection 5.3.a above.
SECTION 5 – SALARIES
SEIU 1021 SLS - 11 - 2016-2019
C. Demotions. The anniversary of a demoted employee is the first day of the calendar
month after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an employee
who is transferred to another position or one whose position has been reallocated or
reclassified to a class allocated to the same salary range or to a salary range which
is within five percent (5%) of the top step of the previous classification, remains
unchanged.
E. Reemployments. The anniversary of an employee appointed from a reemployment
list to the first step of the applicable salary range and not required to serve a
probation period is determined in the same way as the anniversary date is
determined for a new employee who is appointed the same date, classification and
step and who then successfully completes the required probationary period.
F. Transfer Anniversary. Notwithstanding other provisions of this Section 5, the
anniversary of an employee who is appointed to a classified position from outside
the County's merit system at a rate above the minimum salary for the employee's
new class, or who is transferred from another governmental entity to this County's
merit system, is one (1) year from the first day of the calendar month after the
calendar month when the employee was appointed or transferred; provided
however, when the appointment or transfer is effective on the employee's first
regularly scheduled workday of that month, his/her anniversary is one (1) year after
the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except those
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in Section 5.3 to determine whether the
salary of the employee shall be advanced to the next higher step in the salary range.
Advancement shall be granted on the affirmative recommendation of the appointing
authority, based on satisfactory performance by the employee. The appointing authority
may recommend denial of the increment or denial subject to one additional review at some
specified date before the next anniversary which must be set at the time submitted by the
Appointing Authority.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within-range increment be granted at
one time, except as otherwise provided in deep class resolutions. In case an appointing
authority recommends denial of the within range increment on some particular anniversary
date, but recommends a special salary review at some date before the next anniversary the
special salary review shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory on the
County. If an operating department verifies in writing that an administrative or clerical error
was made in failing to submit the documents needed to advance an employee to the next
salary step on the first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
SECTION 5 – SALARIES
SEIU 1021 SLS - 12 - 2016-2019
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in
the same ratio to the full-time monthly rate to which the employee would be entitled as a
full-time employee under the provisions of this Section 5 as the number of hours per week
in the employee's part-time work schedule bears to the number of hours in the full-time
work schedule of the department.
The Department of Employment and Human Services shall give reasonable consideration
to requests for part-time assignments.
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; but if the employment is intermittent, compensation
shall be on an hourly basis.
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 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 and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at the
same step in the new salary range the employee was receiving in the range to which
the class was previously allocated. If the reallocation is from one salary range with
more steps to a range with fewer steps or vice versa, the employee shall be
compensated at the step on the new range which is in the same percentage ratio to
the top step of the new range as was the salary received before reallocation to the
top step of the old range, but in no case shall any employee be compensated at less
than the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with more steps
to a salary range with fewer steps on the salary schedule, apart from the general
salary increase or decrease described in Section 5.8A above, each incumbent of a
position in the reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In the event that the
steps in the new range do not contain the same rates as the old range, each
SECTION 5 – SALARIES
SEIU 1021 SLS - 13 - 2016-2019
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 5.8.
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 5.13, 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 Appointment From a Layoff List. In the event of the appointment of a
laid off employee from the layoff list to the class from which the employee was laid off, the
employee shall be appointed at the step which the employee had formerly attained in the
higher class unless such step results in an increase of less than five percent (5%), in which
case the salary shall be adjusted to the step in the new range which is five percent (5%)
greater than the next higher step, if the new range permits such adjustment.
5.11 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12, shall have his/her salary reduced to the monthly salary step in
the range for the class of position to which he/she has been demoted next lower than the
salary received before demotion. In the event this decrease is less than five percent (5%),
the employee's salary shall be adjusted to the step in the new range which is five percent
(5%) less than the next lower step; provided, however, that the next step shall not be less
than the minimum salary for the lower class. Whenever the demotion is the result of layoff,
cancellation of positions or displacement by another employee with greater seniority rights,
SECTION 5 – SALARIES
SEIU 1021 SLS - 14 - 2016-2019
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.
5.12 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a
position in a class having a salary schedule lower than that of the class from which he or
she demotes, unless the Board provides otherwise by resolution, his or her salary shall
remain the same if the steps in his or her new (demoted) salary range permit, and if not,
new salary shall be set at the step next below former salary.
5.13 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer. In the event that the steps in the
range for the new class do not contain the same rates as the range for the old class, the
employee shall be placed at the step of the new range which is next above the salary rate
received in the old range; or if the new range does not contain a higher step, the employee
shall be placed at the step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolution, the salary of the employee shall be set as provided in
the deep class resolution at a step not to exceed a five percent (5%) increase in the
employee's base salary. However, if the deep class transfer occurs to or from a deep class
with specified levels identified for certain positions and their incumbents, the employee's
salary in the new class shall be set in accordance with the section on "Salary on Promotion"
if the employee is transferring to another class or to a level in a deep class for which the
salary is at least five percent (5%) above the top base step of the deep class level or class
in which they have status currently.
5.14 Pay for Work in Higher Classification. When an employee in a permanent
position in the Merit System is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for the
higher classification pursuant to Section 5.9 - Salary on Promotion of this MOU, at the start
of the second full day in the assignment, under the following conditions Payment shall be
made retroactive after completing the first forty (40) consecutive hours worked in the higher
classification.
A. The employee is assigned to a program service, or activity established by the Board
of Supervisors which is reflected in an authorized position which has been classified
and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such that the employee in the lower
classification performs a majority of the duties and responsibilities of the position of
the higher classification.
C. Employees selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
SECTION 5 – SALARIES
SEIU 1021 SLS - 15 - 2016-2019
D. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher classification
shall not be utilized as a substitute for regular promotional procedures provided in
this MOU.
E. The appropriate authorization form has been submitted by the Department Head at
least fifteen (15) days prior to the expiration of the seventeen (17) day waiting period
and approved by the County Administrator.
F. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
G. If approval is granted for pay for work in a higher classification and the assignment
is terminated and later re-approved for the same employee within one hundred
eighty (180) days, no additional waiting period will be required.
H. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual
differential and hazardous duty differential) accruing to the employee in his/her
permanent position shall continue.
I. During the period of work for higher pay in a higher classification, an employee will
retain his/her permanent classification, and anniversary and salary review dates will
be determined by time in that classification; except that if the period of work for
higher pay in a higher classification exceeds one 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 immediately following termination of the
assignment, shall remain unchanged. This provision shall apply to Short Term
Higher Level Reassignments in deep classes.
J. Allowable overtime pay, shift differential and/or work location differentials will be
paid on the basis of the rate of pay for the higher class.
5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the employee
for the preceding month; provided, however, that each employee (except those paid on an
hourly rate) may choose to receive an advance on the employee's monthly salary, in which
case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his warrant upon
the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the employee's
option, of the employee's basic salary of the previous month except that it shall not exceed
the amount of the previous month's basic salary less all requested or required deductions.
SECTION 6 – DAYS AND HOURS OF WORK
SEIU 1021 SLS - 16 - 2016-2019
The election to receive an advance shall be made on or before April 30 or October 31 of
each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the deadline for
filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.15, all required or requested
deductions from salary shall be taken from the second installment, which is payable on the
tenth (10th) day of the following month.
5.16 Pay Warrant Errors. If an employee receives a pay warrant which has an error in
the amount of compensation to be received and if this error occurred as a result of a
mistake by the Auditor-Controller's Office, it is the policy of the Auditor-Controller's Office
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and Holidays from the time the department is made aware
of and verifies that the pay warrant is in error.
Pay errors discovered by the County in employee pay shall be corrected as soon as
possible as to current pay rate but 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 a proposed repayment
schedule, the employee may accept the proposed repayment schedule or may request a
meeting through the County Human Resources Department. If requested, a meeting shall
be held to determine a repayment schedule which shall be no longer than three times (3)
the length of time the overpayment occurred.
SECTION 6 – DAYS AND HOURS OF WORK
6.1 Definitions
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week.
B. Alternate Work Schedule: An alternate work schedule is any work schedule where
an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 9/80, or 4/10 work schedule and where the employee is not
scheduled to work more than 40 hours in the "workweek" as defined in Subsections
F. and H., below.
SECTION 6 – DAYS AND HOURS OF WORK
SEIU 1021 SLS - 17 - 2016-2019
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7)
day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four (44)
hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight (8)
hours in the forty-four (44) hour calendar week. In the forty-four (44) hour calendar
week, the employee works four (4) nine (9) hour days and one (1) eight (8) hour
day.
F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek begins
on the same day of the week as the employee’s eight (8) hour work day and
regularly scheduled 9/80 day off. The start time of the workweek is four (4) hours
and one (1) minute after the start time of the eight (8) hour workday. The end time
of the workweek is four (4) hours after the eight (8) hour workday start time. The
result is a workweek that is a fixed and regularly recurring period of seven (7)
consecutive twenty-four (24) hour periods (168 hours).
H. Workweek for Twenty Four Hour (24) Facility Employees: For employees who
work in a twenty-four (24) hour facility in the Health Services Department and who
are not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and
ends at 12:00 midnight on Saturday.
6.2 Staggered Work Schedule. The Department of Employment and Human Services
shall continue to operate a staggered work schedule plan. Office hours shall remain open
to the public from 8:00 a.m. to 5:00 p.m. Monday through Friday. Permanent full-time
employees shall have the option to select, subject to prior approval of the department, an
eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may
be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following
shall serve as the basic criteria for the staggered shift:
A. All employees must be present at their office or otherwise engaged in the duties of
their position during the core hours of 10:00 a.m. and 3:30 p.m.
B. W ork schedules must remain within the hours of 7:00 a.m. and 7:00 p.m.
C. The selected staggered work schedule shall consist of the same hours of work each
day except for when a schedule including one varying eight (8) hour workday is
necessary to provide "officer of the day" coverage or for other specific
circumstances in which the department determines that such a varying schedule is
appropriate. The decision of the Department Head or designee shall be final.
SECTION 6 – DAYS AND HOURS OF WORK
SEIU 1021 SLS - 18 - 2016-2019
D. Lunch periods of one (1) or one-half (1/2) hour shall be scheduled. In the event that
the employee desires to change the scheduled lunch hour from one (1) hour to one-
half (1/2) hour, or from one-half (1/2) hour to one (1) hour, that change must be
approved in advance by the Department Head or designee. Lunch periods shall be
taken within one (1) hour of the midpoint of the employee's scheduled workday.
E. Each work unit designated by placement under a single line supervisor shall have at
least one line worker in the office during the hours of 8:00 a.m. to 5:00 p.m. Each
such unit shall also have at least one additional line worker in the office or otherwise
engaged in the duties of their positions during the hours of 8:00 a.m. and 4:30 p.m.
There are two (2) situations in which exceptions may be made to these minimum
coverage provisions. Units which are placed under a single supervisor but which
are split between two (2) or more buildings may be clustered with another unit of a
like program function in the immediate work areas of the same building for the
purpose of maintaining minimum coverage during the time period between 4:30 p.m.
and 5:00 p.m. A unit of three (3) or fewer workers may be clustered with another unit
of a like program function in the immediate work area for purpose of maintaining
minimum coverage, provided that the total number of workers in the units so
clustered shall not exceed eight (8).
F. Each employee's proposed staggered schedule must be submitted in writing and
approved by the Department Head or designee prior to implementation.
G. Changes in staggered schedules shall be requested in writing and must have the
approval of the Department Head or designee prior to implementation.
H. Conflicting requests for schedules shall be resolved by the Department Head whose
decision shall be final.
I. In the event coverage within a location becomes temporarily reduced as a result of
scheduling revisions or absenteeism, employees will be expected to assure that the
necessary functions are performed, particularly the answering of telephones.
J. It is understood that an individual employee's schedule may be changed due to the
needs of the department.
K. In the event this staggered scheduling provision is found by the department to be
inconsistent with the needs of the department, the department shall so advise
representatives of Local 1021 and the County and the Union shall meet and confer
in an attempt to resolve the inconsistency.
6.3 Automated Timekeeping Implementation: The Union agrees to the
implementation of an Automated Timekeeping System.
SECTION 7 – PAID PERSONAL LEAVE
SEIU 1021 SLS - 19 - 2016-2019
6.4 Time Reporting/Time Stamping: Temporary and Permanent Intermittent
(hourly) employees must timestamp in and out as they begin their work shifts, finish
their work shifts, and take meal periods. Salaried employees will report time off and
time worked for special pays on the electronic timecard.
SECTION 7 – PAID PERSONAL LEAVE
Effective January 1, 1997, employees in the Social Services First-Line Supervisors Unit will
be credited with fifty (50) hours of paid personal leave to recognize the fact that these
employees do not and will not receive payment for overtime. Said fifty (50) hours must be
used during the calendar year in which credited and may not be carried forward. This paid
personal leave is separate from paid vacation and will be accounted for accordingly. Upon
separation from County service, there shall be no payoff of unused personal leave credits.
Administration of paid personal leave shall be administered in accordance with provisions
of Administrative Bulletin 323.
SECTION 8 - CALL BACK TIME PAY
A. If approved by the County Administrator's Office, a permanent full-time and
permanent part-time employee assigned to the Emergency Response Program who
is called back to duty will be paid for Call Back Time. Call Back Time occurs when
an employee is not scheduled to work and is not on County premises, but is called
back to work on County premises or for a County work assignment. An employee
called back to work will be paid Call Back Time Pay at the rate of one and one-half
(1.5) times his/her base rate of pay (not including differentials) for the actual Call
Back Time worked plus one (1) hour. An employee called back to work will be paid a
minimum of two (2) hours for each Call Back Time event.
B. Effective January 1, 2015, permanent full-time and part-time employees in the
classification of Social Work Supervisor II (X0HA) who are assigned to the
Emergency Response Program (Org. Number 5216) and are contacted by
telephone during their on-call duty, will not receive any additional pay if the
cumulative total of the telephone conversations do not exceed thirty (30) minutes
per on-call shift. If the telephone conversations exceed a cumulative total of thirty
(30) minutes up to a maximum of sixty (60) minutes per on-call shift, the employee
will be paid telephone call back pay at one and one-half (1.5) times the employee’s
regular rate of pay in one minute increments up to a maximum of sixty (60) minutes.
If the telephone conversations exceed a cumulative total of sixty (60) minutes per
on-call shift, the employee will be paid Call Back Time in accordance with Section
8.A. above.
SECTION 9 – ON-CALL DUTY
SEIU 1021 SLS - 20 - 2016-2019
SECTION 9 – ON-CALL DUTY
If approved by the County Administrator’s Office, a permanent full-time or part-time
employee assigned to the Emergency Response Program who is assigned to On-Call Duty
is paid one (1) hour of straight time pay for each four (4) hours designated as on-call duty.
If an employee’s on-call duty hours are not in increments of four (4) hours, the on-call duty
hours will be pro-rated. For example, if the employee is assigned to on-call duty for six (6)
hours, the employee would receive one and one-half (1.5) hours of straight time pay for the
six (6) hours of designated on-call duty (6 hours ÷ 4 hours=1.5 hrs.). If an employee is
called back to work while assigned to on-call duty, the employee will be paid for the total
assigned on-call duty hours regardless of when the employee returns to work. An
employee is considered assigned to on-call duty if all of the following criteria are met:
a.A permanent full-time or part-time employee assigned to the Emergency Response
Program is not scheduled to work on County premises, but is required to report to work
immediately if called. The employee must provide his/her supervisor with current contact
information so that the supervisor can reach the employee with ten (10) minutes or less
notice.
b.The Department Head designates and County Administrator’s Office approves those
permanent full-time or part-time employees who will be assigned to on-call duty and such
decision is final.
SECTION 10 – SHIFT DIFFERENTIAL
A. Permanent full-time and permanent part-time employees:
1.Permanent full-time and permanent part-time employees will be paid a shift
differential of five percent (5%) for the employee’s entire scheduled shift
when the employee is scheduled to work for four (4) or more hours between
5:00p.m. and 9:00a.m.
2.In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on
the day the shift is scheduled to begin. Hours worked in excess of the
employee’s scheduled workday will count towards qualifying for the shift
differential, but the employee will not be paid the shift differential on any
excess hours worked.
3.Employees who commence a vacation, paid sick leave period, paid disability
or other paid leave immediately after working a shift that qualifies for the shift
differential, will have the shift differential included in computing the pay for
their time on paid leave. Employees on a rotating shift schedule who
commence a vacation, paid sick leave, paid disability, or other paid leave will
be paid the shift differential that they would have received had the employees
worked the scheduled shift during the period of paid leave. Shift differential
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 SLS - 21 - 2016-2019
shall only be paid during paid sick leave and paid disability leave as provided
above for the first thirty (30) calendar days of each absence.
B. Permanent Intermittent employees:
1.Permanent Intermittent employees will be paid a shift differential of five
percent (5%) for a maximum of eight (8) hours per work day and/or forty (40)
hours per workweek when the employee works four (4) or more hours
between 5:00p.m. and 9:00a.m.
2.In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on
the day the shift is scheduled to begin. Hours worked in excess of eight (8)
hours in a workday will count towards qualifying for the shift differential, but
the employee will not be paid the shift differential on any excess hours
worked.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding
occur in a department or are expected, which may result in layoffs, the department will
notify the union and take the following actions:
a.Identify the classification(s) in which position reductions may be required due
to funding reductions or shortfalls.
b.Advise employees in those classifications that position reductions may occur
in their classifications.
c.Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by possible position
reductions when such leaves can be accommodated by the department.
d.Consider employee requests to reduce their position hours from full-time to
part-time to alleviate the impact of the potential layoffs.
e.Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs
within the department, as well as to other departments not experiencing
funding reductions or shortfalls when it is a viable operational alternative for
the department(s).
f.Review various alternatives which will help mitigate the impact of the layoff
by working through the Tactical Employment Team (TET) program to:
1.Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 SLS - 22 - 2016-2019
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 Manager
that the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify
the Union of the possibility of such layoffs and shall meet and confer with the
Union regarding the implementation of the action.
11.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the
merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as the
Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1.In the Same Class. A laid off permanent full-time employee may displace an
employee in the department having less seniority in the same class who
occupies permanent intermittent or permanent part-time position, the least
senior employee being displaced first.
2.In the Same Level or Lower Class. A laid off or displaced employee who had
achieved permanent status in a class at the same or lower salary level as
determined by the salary schedule in effect at the time of layoff may displace
within the department and in the class an employee having less seniority; the
least senior employee being displaced first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respectively.
2.A permanent full-time employee may displace any intermittent or part-time
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 SLS - 23 - 2016-2019
employee with less seniority 1) in the same class as provided in Section
11.2.C.1 or, 2) in a class of the same or lower salary level as provided in
Section 11.2.C.2 if no full-time employee in a class at the same or lower
salary level has less seniority than the displacing employees.
3.Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of a
proposed layoff with the written approval of the Human Resources Director or
designee retain their permanent full-time employee seniority rights for layoff
purposes only and may in a later layoff displace a full-time employee with
less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
the same or higher salary levels as determined by the salary schedule in effect at
the time of layoff. Employees reallocated or transferred without examination from
one class to another class having a salary within five percent of the former class,
shall carry the seniority accrued in the former class into the new class. Employees
reallocated to a new deep class upon its initiation or otherwise reallocated to a deep
class because the duties of the position occupied are appropriately described in the
deep class shall carry into the deep class the seniority accrued or carried forward in
the former class and seniority accrued in other classes which have been included in
the deep class.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a permanent
position within the employee's layoff eligibility. Approved leaves of absence as
provided for in these rules and regulations shall not constitute a period of
separation. In the event of ties in seniority rights in the particular class in question,
such ties shall be broken by length of last continuous permanent County
employment. If there remain ties in seniority rights, such ties shall be broken by
counting total time in the department in permanent employment. Any remaining ties
shall be broken by random selection among the employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off,
has been displaced, has been demoted by displacement or has voluntarily demoted
in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement,
the person's name shall be placed on the layoff list for the class of positions from
which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid
off, displaced, or demoted as a result of a layoff or displacement, or who have
voluntarily demoted 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,
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 SLS - 24 - 2016-2019
or transferred on the date of layoff, the most senior person listed first. In case of ties
in seniority, the seniority rules shall apply except that where there is a class seniority
tie between persons laid off from different departments, the tie(s) shall be broken by
length of last continuous permanent County employment with remaining ties broken
by random selection among the employees involved.
H. Duration of Layoff & Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two (2)
years. Persons placed on layoff lists shall continue on the appropriate list for a
period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of
person(s) laid off, displaced or demoted by displacement or voluntarily demoted in
lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a
request for personnel is received from the appointing authority of a department from
which an eligible(s) was laid off, the appointing authority shall receive and appoint
the eligible highest on the layoff list from the department. When a request for
personnel is received from a department from which an eligible(s) was not laid off,
the appointing authority shall receive and appoint the eligible highest on the layoff
list who shall be subject to a probationary period. A person employed from a layoff
list shall be appointed at the same step of the salary range the employee held on the
day of layoff.
J. Removal of Names from Layoff Lists. The Human Resources Director may remove
the name of any eligible from a 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 permanent appointment to the class for which the eligible
list was established have been declined by the eligible.
A single offer is defined as an offer of all the permanent positions that are
available at that time. A rejection of all of those offered positions constitutes
a single declination.
5.If the eligible fails to respond to the Human Resources Director or the
appointing authority within ten (10) days to written notice of certification
mailed to the person's last known address.
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
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 SLS - 25 - 2016-2019
removed. However, if the first permanent appointment of a person on a layoff
list is to a lower class which has a top step salary lower than the top step of
the class from which the person was laid off, the name of the person shall not
be removed from the layoff list.
K. Removal of Names from Reemployment and Layoff Certifications. The Human
Resources Director may remove the name of any eligible from a reemployment or
layoff certification if the eligible fails to respond within five (5) days to a written notice
of certification mailed to the person's last known address.
11.3 Notice. The County will give employees scheduled for layoff at least ten (10) work
days notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a Tactical Employment Team
(TET) employment pool which will include the names of all laid off County employees. The
names of employees who remain County employees but who have been displaced or who
have demoted as a result of a layoff or displacement, or who have voluntarily demoted or
transferred in lieu of layoff or displacement will also be included in the TET employment
pool. 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). The
name of any person included in the TET employment pool shall continue to be in the pool
for a period of four (4) years, unless the employee’s name is removed from the layoff list,
which will cause the employee’s name to be removed from the TET pool as well.
Employees in the TET employment pool shall be guaranteed a job interview for any vacant
funded position for which they meet minimum qualifications. If there are more than five
such employees who express an interest for one vacant funded position, the five most
senior employees shall be interviewed. Seniority for this subsection shall be County
seniority.
11.5 Reassignment of Laid Off Employees. Employees who displaced within the same
classification from full-time to part-time or intermittent status in a layoff, or who voluntarily
reduced their work hours to reduce the impact of layoff, or who accepted a position of
another status than that from which they were laid off upon referral from the layoff list, may
request reassignment back to their pre-layoff status (full time or part-time or increased
hours). The request must be in writing in accord with each department's reassignment bid
or selection process. Employees will be advised of the reassignment procedure to be
followed to obtain reassignment back to their former status at the time of the workforce
reduction. The most senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when a more senior laid off individual
remains on the layoff list and has not been appointed back to the class from which laid off,
a referral from the layoff list will be made to fill the vacancy.
SECTION 12 - HOLIDAYS
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SECTION 12 - HOLIDAYS
12.1 Holidays and Personal Holiday Credit. The County will observe the following
holidays:
A. January 1st, known as New Year’s Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents’ Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans’ Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
1.Any holiday observed by the County that falls on a Saturday is observed on
the preceding Friday, and any holiday that falls on a Sunday is observed on
the following Monday.
2.For employees who work in twenty-four (24) hour facilities and who are
assigned to work on a holiday, any holiday that falls on a Saturday will be
observed on a Saturday, and any holiday that falls on a Sunday will be
observed on a Sunday.
B. Effective January 1, 2012, each full-time employee will accrue four (4) hours of
personal holiday credit per month. Such personal holiday time may be taken in one
(1) minute increments and may not be rounded, and preference of personal holidays
will be given to employees according to their seniority in their department as
reasonably as possible. No employee may accrue more than forty (40) hours of
personal holiday credit.
C. Employees will accrue their personal holiday credit during months they are in pay
status provided however that no employee may accrue more than forty (40) hours of
personal holiday credit. On separation from County service, an employee will be
paid for any unused personal credits at the employee's then current pay rate
D. Effective January 1, 2012, employees who work in twenty-four (24) hour facilities
will, in addition to those holidays specified in Section 12.1A, observe Admission day
on September 9, Columbus Day on the second Monday in October, and Lincoln's
Day on February 12 as holidays, but will not accrue the four (4) hours per month of
personal holiday credit referenced in Section 12.1.B above, but will accrue two (2)
hours per month of personal holiday credit. No employee may accrue more than
forty (40) hours of personal holiday credit. On separation from County service, an
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employee will be paid for any unused personal holiday credits at the employee's
then current pay rate.
12.2 Holiday is Observed (NOT WORKED)
A. Full Time Employees:
1.Holidays Observed – Full Time Employees: Full time employees on
regular, 4/10, 9/80, flexible, and alternate work schedules are entitled to
observe a holiday [eight (8) hours off], without a reduction in pay, whenever a
holiday is observed by the County.
2.Holidays Observed on Regular Day off of Full Time Employees on 4/10,
9/80, Flexible, and Alternate Work Schedule: When a holiday is observed
by the County on the regularly scheduled day off of an employee who is on a
4/10, 9/80, flexible, or alternate work schedule, the employee is entitled to
take eight (8) hours off, without reduction in pay, in recognition of the holiday.
The employee is also entitled to receive eight (8) hours of flexible pay at the
rate of 1.0 times his/her base rate of pay (not including differentials) in
recognition of his/her regularly scheduled day off.
3.Holiday Observed- Full Time Employee Scheduled in Excess of Eight (8)
hours: When a holiday falls on an employee’s regularly scheduled workday,
the employee is entitled to only eight (8) hours off without a reduction in pay.
If the workday is a nine (9) hour day, the employee must use on one (1) hour
of non-sick leave accruals. If the workday is a ten (10) hour day, the
employee must use two (2) hours of non-sick leave accruals. If the employee
does not have any non-sick leave accrual balances, leave without pay
(AWOP) will be authorized.
4.Holiday Observed- Full Time Employees Scheduled for Less than Eight
(8) hours: When a full-time employee is scheduled to work less than eight
(8) hours on a holiday and the employee observes the holiday, the employee
is also entitled to receive flexible pay at the rate of one (1.0) times his/her
base rate of pay (not including differentials) for the difference between eight
(8) hours and the hours the employee was scheduled to work on the holiday.
B. Part Time Employees:
1.Holidays Observed – Part Time Employees: When a holiday is observed
by the County, each part time employee is entitled to observe the holiday in
the same ratio as his/her number of position hours bears to forty (40) hours,
multiplied by eight (8) hours, without a reduction in pay. For example, a part
time employee whose position hours are 24 per week is entitled to 4.8 hours
off work on a holiday (24/40 x 8 = 4.8). Hereafter, the number of hours
produced by this calculation will be referred to as the “part time employee’s
holiday hours.”
SECTION 13 – VACATION LEAVE
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2.Holiday Observed on Regular Day off of Part Time Employees: When a
holiday is observed by the County on the regularly scheduled day off of a part
time employee, the part time employee is entitled to observe the holiday in
the amount of the “part time employee’s holiday hours,” without a reduction in
pay, in recognition of the holiday. The employee is also entitled to received
flexible pay at the rate of 1.0 times his/her base rate of pay (not including
differentials) in the amount of the “part time employee’s holiday hours” in
recognition of his/her scheduled day off.
3.Holiday Observed- Part Time Employees Scheduled to Work in Excess
of “Part Time Employee’s Holiday Hours”: When the number of hours in a
part time employee’s scheduled work day that falls a holiday is more than the
employee’s “part time employee’s holiday hours,” the employee must use
non-sick leave accruals for the difference between the employee’s scheduled
work hours and the employees “part time employee’s holiday hours.” If the
employee does not have any non-sick leave accrual balances, leave without
pay (AWOP) will be authorized.
4.Holiday Observed- Part Time Employees Scheduled to Work Less than
“Part Time Employee’s Holiday Hours”: When the number of hours in a
part time employee’s scheduled work day that fall on a holiday is less than
the employee’s “part time employee’s holiday hours,” the employee is also
entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay
(not including differentials) for the difference between the employee’s
scheduled work hours and the employee’s “part time employee’s holiday
hours.”
12.3 Permanent-Intermittent Employees: Permanent-Intermittent employees who work
on a holiday are entitled to receive regular pay at the rate of one (1.0) times his/her base
rate of pay (not including differentials) for all hours worked on the holiday.
SECTION 13 – VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month of
service and begins on the date of appointment to a permanent position. Increased accruals
begin on the first of the month following the month in which the employee qualifies. Accrual
for portions of a month shall be in minimum amounts of one (1) hour calculated on the
same basis as for partial month compensation pursuant to Section 5.6 – Compensation for
Portion of Month of this MOU. Vacation may be taken in increments of one (1) minute and
may not be rounded. Vacation credits 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.
SECTION 13 – VACATION LEAVE
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13.2 Vacation Accrual Rates.
Length of Service
Monthly
Accrual Hours
Maximum
Cumulative Hours
Under 15 years 10 240
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
Employees in permanent part-time and permanent-intermittent positions shall accrue
vacation benefits on a pro-rata basis as provided in Section 36-1.006 of Board Resolution
No. 81/1165.
A. Vacation Accrual Increases for Employees Hired on and before June 30, 2009:
Employees with a first of the month Service Award Date: Each employee with a
Service Award Date that is on the first day of a month is eligible to accrue increased
vacation hours on his/her Service Award Date.
Example:
1.The employee’s Service Award Date is January 1, 1988.
2.The employee reaches 20 years of service on January 1, 2008.
3.January 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4.The increased vacation hours will first appear on the employee’s February 10,
2008 pay warrant.
Employees NOT with a first of the month Service Award Date: Each employee whose
Service Award Date is NOT on the first day of a month is eligible to accrue increased
vacation hours on the first day of the month following the employee's Service Award Date.
Example Two:
1.An employee’s Service Award Date is February 24, 1987.
2.The employee reached 20 years of service on February 24, 2007.
3.March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4.The increased vacation hours will first appear on the employee’s April 10, 2007
pay warrant.
SECTION 13 – VACATION LEAVE
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B. Vacation Accrual Increases for Employees Hired on and after July 1, 2009:
Each employee hired on and after July 1, 2009 is eligible to accrue increased vacation
hours on the first day of the month following the employee's Service Award Date.
Example One:
1.The employee’s Service Award Date is January 1, 1988.
2.The employee reached 20 years of service on January 1, 2008.
3.February 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4.The increased vacation hours will appear on the employee’s March 10, 2008,
pay warrant.
Example Two:
1.An employee’s Service Award Date is February 24, 1987.
2.The employee reached 20 years of service on February 24, 2007.
3.March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4.The increased vacation hours will appear on the employee’s April 10, 2007, pay
warrant.
C. Service Award Date Defined: An employee’s Service Award Date is the first day of
his/her temporary, provisional, or permanent appointment to a position in the
County. If an employee is first appointed to a temporary or provisional position and
then later appointed to a permanent position, the Service Award Date for that
employee is the date of the first day of the temporary or provisional appointment.
Employees who are separated and rehired with the County will have their Service
Award Date adjusted in accordance with Section 16.2 of the Salary Regulations.
13.3 Vacation Accrual During Leave Without Pay. No employee who has been
granted a leave without pay or unpaid military leave shall accrue any vacation credit during
the time of such leave, nor shall an employee who is absent without pay accrue vacation
credit during the absence.
13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's then
current pay rate.
SECTION 14 – SICK LEAVE
SEIU 1021 SLS - 31 - 2016-2019
13.5 Vacation Preference. Preference of vacation shall be given to employees
according to their seniority in their department as much as is reasonably possible.
SECTION 14 – SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or injury. It
is a benefit extended by the County and may be used only as authorized; it is not paid time
off which employees may use for personal activities.
14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate
of eight (8) working hour’s credit for each completed month of service, as prescribed by
County Salary Regulations and memoranda of understanding. 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 (1) minute
increments and may not be rounded.
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 reemployed in a permanent position within the
period of lay off eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of one (1) day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary
purpose of paid sick leave is to ensure employees against loss of pay for temporary
absences from work due to illness or injury. The following definitions apply:
Immediate Family means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent,
grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, 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 means any person employed by Contra Costa County in an allocated position in
the County service.
SECTION 14 – SICK LEAVE
SEIU 1021 SLS - 32 - 2016-2019
Paid Sick Leave Credits means those sick leave credits provided for by County Salary
Regulations and memoranda of understanding.
Condition/Reason. With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or verified,
a brief statement in non-technical terms from the employee regarding inability to work due
to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority approval,
by an employee in pay status, but only in the following instances:
A. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
B. Permanent Disability Sick Leave. Permanent disability means the employee suffers
from a disabling physical injury or illness and is thereby prevented from engaging in
any County occupation for which the employee is qualified by reason of education,
training or experience. Sick leave may be used by permanently disabled employees
until all accruals of the employee have been exhausted or until the employee is
retired by the Retirement Board, subject to the following conditions:
1.An application for retirement due to disability has been filed with the
Retirement Board.
2.Satisfactory medical evidence of such disability is received by the appointing
authority within 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 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
SECTION 14 – SICK LEAVE
SEIU 1021 SLS - 33 - 2016-2019
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.Except as set forth in Section 14.3 H Baby/Child Bonding, sick leave may not
be utilized after the employee has been released from the hospital unless the
employee has provided the County with a written statement from her
attending physician stating that her disability continues and the projected
dates of the employee's recovery from such disability.
E. Medical 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. Baby/Child Bonding. Upon the birth or adoption of a child, an employee eligible for
baby-bonding leave pursuant to the California Family Rights Act may use sick leave
credits for such baby-bonding 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.
SECTION 14 – SICK LEAVE
SEIU 1021 SLS - 34 - 2016-2019
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.
14.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the Department Head. The following procedures
apply:
A. Employee Responsibilities.
1.Employees are responsible for notifying their department of an absence prior
to the commencement of their work shift or as soon thereafter as possible.
Notification shall include the reason and possible duration of the absence.
2.Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
3.Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family medical
and dental appointment.
4.Employees are encouraged to keep the department advised of (1) a current
telephone number to which sick leave related inquiries may be directed, and
(2) any condition(s) and/or restriction(s) that may reasonably be imposed
regarding specific locations and/or persons the department may contact to
verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied if these
procedures are not followed. Abuse of sick leave on the part of the employee is
cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the sick
leave claim. The Department Head or designee may make reasonable inquiries
about employee absences. The department may require medical verification for an
absence of three (3) or more working days. The department may also require
medical verification for absences of less than three (3) working days for probable
cause if the employee had been notified in advance in writing that such verification
was necessary. Inquiries may be made in the following ways:
1.Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification was not
made in accordance with departmental sick leave call-in guidelines. These
inquiries shall be subject to any restrictions imposed by the employee under
Section 14.4.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.
SECTION 14 – SICK LEAVE
SEIU 1021 SLS - 35 - 2016-2019
3.Obtaining the employee's written statement of explanation regarding the sick
leave claim.
4.Requiring the employee to obtain a physician's certificate or verification of the
employee's illness, date(s) the employee was incapacitated, and the
employee's ability to return to work, as specified above.
5.In absences of an extended nature, requiring the employee to obtain from
their physician a statement of progress and anticipated date on which the
employee will be able to return to work, as specified above.
Department Heads are responsible for establishing timekeeping procedures which
will insure the submission of a time card covering each employee absence and for
operating their respective offices in accordance with these policies and with
clarifying regulations issued by the Office of the County Administrator.
To help assure uniform policy application, the Director of Human Resources 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.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of 1937. An appointing authority after giving notice may place an
employee on leave if the appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority believes to be
temporarily or permanently physically or mentally incapacitated for the performance
of the employee's duties.
B. An appointing authority who has reasonable cause to believe that there are physical
or mental health conditions present in an employee which endanger the health or
safety of the employee, other employees, or the public, or which impair the
employee's performance of duty, may order the employee to undergo at County
expense and on the employee's paid time, a physical, medical 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
SECTION 14 – SICK LEAVE
SEIU 1021 SLS - 36 - 2016-2019
employee is entitled other than regular salary. The Director of Human Resources
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two (2) 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;
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) workdays 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)
workdays to respond to the appointing authority either orally or in writing before the
proposed action may be taken.
H. After having complied with the notice requirements above, the appointing authority
may order the leave of absence or suspension in writing stating specifically the basis
upon which the action is being taken, delivering the order to the employee either
personally or by certified mail, effective either upon personal delivery or deposit in
the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
SECTION 14 – SICK LEAVE
SEIU 1021 SLS - 37 - 2016-2019
order, appeal the order in writing through the Director of Human Resources to the
Merit Board. Alternatively, the employee may file a written election with the Director
of Human Resources waiving the employee's right to appeal to the Merit Board in
favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator,
the employee has the burden of proof to show that either:
1.the physical or mental health condition cited by the appointing authority does
not exist, or
2.the physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's performance of duty, or is not
sufficient to endanger the health or safety of the employee, other employees,
or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the
Director of Human Resources to the Merit Board for hearing under the Merit Board's
Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in
such hearings shall remain confidential information and shall not be a part of the
public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his/her
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by the
parties. The arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1.The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2.The arbitrator may make his/her decision based only on evidence submitted
by the County and the employee.
3.The arbitrator may order back pay or paid sick leave credits for any period of
leave of absence or suspension if the leave or suspension is found not to be
sustainable, subject to the employee's duty to mitigate damages.
4.The arbitrator's fees and expenses shall be paid one-half by the County and
one-half by the employee or employee's association.
M. It is understood that the benefits specified in Section 14 – Sick Leave and Section
15 – Workers’ Compensation shall be coordinated with the rehabilitation program as
determined by the labor-management committee.
SECTION 15 – WORKERS' COMPENSATION AND CONTINUING PAY
SEIU 1021 SLS - 38 - 2016-2019
N. No employee who has been granted a leave without pay or unpaid military leave
shall accrue any sick leave credits during the time of such leave, nor shall an
employee who is absent without pay accrue sick leave credits during the absence.
SECTION 15 – WORKERS' COMPENSATION AND CONTINUING PAY
15.1 Workers' Compensation. A permanent employee shall continue to receive the
appropriate percent of regular monthly salary, for all accepted claims filed before January
1, 2000, during any period of compensable temporary disability absence not to exceed one
year. For all accepted claims filed with the County on or after January 1, 2000, the
percentage of pay for employees entitled to Workers’ Compensation shall be decreased
from to 87% to 86%. For all accepted claims filed with the County on or after January 1,
2007, the percentage of regular monthly salary for employees entitled to Workers’
Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%).
For all accepted claims filed with the County on or after January 1, 2008, the percentage of
regular monthly salary for employees entitled to Workers’ Compensation shall be
decreased from eighty percent (80%) to seventy-five percent (75%). If Workers'
Compensation becomes taxable, the County agrees to restore the original benefit level
(100% of monthly salary) and the parties shall meet and confer with respect to funding the
increased cost.
A. Waiting Period. Employees who leave work as a result of an on-the-job injury will
have the balance of that day charged to continuing pay, sick leave and/or vacation
accruals. This will be considered as the last day worked for purposes of determining
Workers' Compensation benefits.
A permanent employee shall receive the authorized percentage of regular salary
during any period of compensable temporary disability absence. "Compensable
temporary disability absence" for the purpose of this Section, is any absence due to
work-connected disability which qualifies for temporary disability compensation as
set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California. When
any disability becomes permanent, the salary provided in this Section shall
terminate. The employee shall return to the County all temporary disability
payments received by him/her from any County funded wage replacement program.
No charge shall be made against sick leave or vacation for these salary payments.
Sick leave and vacation rights shall not accrue for those periods during which salary
payments are made.
The maximum period for the described salary continuation for any one injury or
illness shall be one year from the date of temporary disability.
B. Continuing Pay. A permanent employee shall receive the appropriate percentage
as outlined above of regular monthly salary during any period of compensable
temporary disability not to exceed one year. Payment of continuing pay and/or
temporary disability compensation shall be made in accordance with Part 2, Article 3
of the Workers’ Compensation Laws of California. All continuing pay under the
Workers' Compensation Program will be cleared through the County Administrator's
SECTION 15 – WORKERS' COMPENSATION AND CONTINUING PAY
SEIU 1021 SLS - 39 - 2016-2019
Office, Risk Management Division. “Compensable temporary disability absence” for
the purpose of this Section, is any absence due to work connected disability which
qualifies for temporary disability compensation set forth in Part 2, Article 3 of the
Workers’ Compensation Laws of California. When any disability becomes medically
permanent and stationary and/or reaches maximum medical improvement, 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 one 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 and/or reaches maximum medical improvement, or until one
(1) year of continuing pay, whichever comes first provided the employee remains in
an active employed status. Continuing pay is 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.
C. Full Pay Beyond One (1) Year. If an injured employee remains eligible for
temporary disability beyond one (1) year, the authorized salary will continue by
integrating sick leave and/or vacation accruals with Workers' Compensation
benefits. If salary integration is no longer available, Workers' Compensation benefits
will be paid directly to the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation Rehabilitation Temporary Disability benefits and whose disability is
medically permanent and stationary and/or reaches maximum medical
improvement, will continue to receive his/her applicable salary by integrating sick
leave and/or vacation accruals with Workers' Compensation Rehabilitation
Temporary Disability benefits until those accruals are exhausted. Thereafter, the
rehabilitation temporary disability benefits will be paid directly to the employee.
E. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
SECTION 15 – WORKERS' COMPENSATION AND CONTINUING PAY
SEIU 1021 SLS - 40 - 2016-2019
15.2 Method of Integration. An employee's sick leave and/or vacation charges shall be
calculated as follows:
C = 8 [1 – (W ÷ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
15.3 State Disability. Effective July 1, 1994, the County will begin a six-month pilot
program for employees eligible for State Disability benefits. At the end of the six (6) month
pilot program, the County will meet and confer to evaluate whether the plan will be
continued. Employees eligible for SDI benefits will be required to make application for SDI
benefits and to have those benefits integrated with the use of their sick leave accruals on
the following basis:
15.4 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 year. Determination of SDI payments and eligibility to receive payments is at the sole
discretion of the State of California.
Integration means that employees will be required to use sick leave accruals to supplement
the difference between the amount of the SDI payment and the employee's base monthly
salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived.
Integration applies to all SDI benefits paid. For employees off on SDI, the department will
make appropriate integration adjustments, including retroactive adjustments if necessary.
Employees must inform their department of hospitalization in a timely manner in order for
the department to make appropriate integration adjustments.
State Disability benefit payments will be sent directly to the employees at their home
address by the State of California.
When there are insufficient sick leave accruals available to fully supplement the difference
between the SDI payment and the employee's base monthly salary, accruals other than
sick leave may be used. These accruals may be used only to the extent that total
payments do not exceed the employee's base monthly salary.
15.5 Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual usage
with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the department shall automatically use 0.1 hour of sick leave
per month for the duration of their SDI benefit.
SECTION 15 – WORKERS' COMPENSATION AND CONTINUING PAY
SEIU 1021 SLS - 41 - 2016-2019
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.
15.6 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave,
the employee's sick leave accrual charges while receiving SDI benefits shall be calculated
each month.
The amount of sick leave charged each employee will be calculated in the following
manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to the
daily hours in the employee's schedule and that number of sick leave hours will be charged
against the employee's sick leave accruals.
For purposes of integration with the SDI program, all full-time employees' schedules will be
converted to 8-hour/5-day weekly work schedules during the period of integration.
The formula for full-time employees' sick leave integration charges is shown below:
L = [(S-D) ÷ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit [D = (W ÷ 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees, and those full-time employees
working a light/limited duty reduced schedule program shall have their sick leave
integration adjusted accordingly.
15.7 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined
as the salary amount for the employee's step on the salary schedule for the employee's
SECTION 16 – CATASTROPHIC LEAVE BANK
SEIU 1021 SLS - 42 - 2016-2019
permanent classification as shown in the "Salary" field on the On-Line Payroll Time
Reporting System used by departments for payroll reporting purposes.
15.8 Conversion to the New SDI Program. For all employees receiving SDI benefits
prior to July 1, 1994, conversion to the new SDI program operated by departmental payroll
staff will be coordinated by the Human Resources Department, Benefits Division.
All employee SDI benefit checks received in the Human Resources Department and signed
over to the County by June 30, 1994, will be deposited and used to buy back the
employee's sick leave, with sick leave credits appearing on the July 10th pay warrants
insofar as possible.
All Employee SDI benefit checks received, but not signed over to the County, by June 30,
1994, will be returned to the employee. All employee SDI benefit checks received after
June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy
back will be made, regardless of the calendar period to which the benefit checks pertain.
Program transfer to departmental payroll staff will be effective July 1, 1994 for the month of
July with the first computation of SDI benefits and integration with sick leave under the new
program made on the August 10, 1994 pay warrants covering the July 1994 payroll period.
SECTION 16 – CATASTROPHIC LEAVE BANK
16.1 Program Design. 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, 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.
16.2 Operation.
A. The plan will be administered under the direction of the Director of Human
Resources. 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
SECTION 16 – CATASTROPHIC LEAVE BANK
SEIU 1021 SLS - 43 - 2016-2019
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.
B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form
of sick leave accruals and shall be treated as regular sick leave accruals.
C. To receive credits under this plan, an employee must have permanent status, must
have exhausted all time off accruals to a level below eight (8) hours total, have
applied for a medical leave of absence and have medical verification of need.
D. 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 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.
E. Time donated will be converted to a dollar value and the dollar value will be
converted back to sick leave accruals at the recipient's base hourly rate when
disbursed. Credits will not be on a straight hour-for-hour basis. All computations
will be on a standard 173.33 basis, except that employees on other than a forty (40)
hour week will have hours prorated according to their status.
F. 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.
G. No element of this plan is grievable. All appeals from either a donor or recipient will
be resolved on a final basis by the Director of Human Resources.
H. 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.
SECTION 17 – LEAVE OF ABSENCE
SEIU 1021 SLS - 44 - 2016-2019
I. Any unused hours transferred to a recipient will be returned to the Catastrophic
Leave Bank.
SECTION 17 – LEAVE OF ABSENCE
17.1 Leave Without Pay. Any employee who has permanent status may be granted a
leave of absence without pay upon written request, approved by the appointing authority;
provided, however, that leaves for pregnancy, pregnancy disability, serious health
conditions, and family care shall be granted in accordance with applicable state and federal
law.
17.2 General Administration - Leaves of Absence. Requests for leaves of absence
without pay shall be made upon forms prescribed by the Director of 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 (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 during a “rolling” twelve (12) month period measured backward from the
date the employee uses his/her FMLA leave in accordance with Section 17.5 below.
SECTION 17 – LEAVE OF ABSENCE
SEIU 1021 SLS - 45 - 2016-2019
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, illness, disability, or serious health condition, the decision of the appointing
authority granting or denying leave or early return from leave shall be subject to
appeal to the Director of Human Resources and not subject to appeal through the
grievance procedure set forth in this MOU.
17.3 Furlough Days Without Pay. The existing VTO program shall be continued for the
life of the contract.
17.4 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 such service during 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 state or federal laws. Upon the termination of such service or upon honorable
discharge, the employee shall be entitled to return to his/her position in the classified
service provided such still exists and the employee is otherwise qualified, without any loss
of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such absence,
suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the
time of such leave, nor shall the employee be prejudiced thereby with reference to salary
adjustments or continuation of employment. For purposes of determining eligibility for
salary adjustments or seniority in case of layoff or promotional examination, time on military
leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as the
Director of Human Resources may deem necessary.
17.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in
a “rolling” twelve (12) month period measured backward from the date the employee uses
his/her FMLA leave, 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
SECTION 17 – LEAVE OF ABSENCE
SEIU 1021 SLS - 46 - 2016-2019
adoption or foster care of the child by the employee, or the serious illness or health
condition of a child, parent, spouse, or domestic partner of the employee.
17.6 Medical Certification. The employee may be asked to provide certification of the
need for family care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
17.7 Intermittent Use of Leave. The 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 17.12 below. When paid leave accruals are used
for a medical or family care leave, such time shall be counted as a part of the eighteen (18)
week entitlement.
17.8 Aggregate Use for Spouse. In the situation where husband and wife are both
employed by the County, the family care or medical leave entitlement based on the birth,
adoption or foster care of a child is limited to an aggregate for both employees together of
eighteen (18) weeks during a “rolling” twelve (12) month period measured backward from
the date an employee uses his/her FMLA leave. Employees requesting family care leave
are required to advise their appointing authority(ies) when their spouse is also employed by
the County.
17.9 Definitions. For medical and family care leaves of absence under this section, the
following definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a
child who is under eighteen (18) years of age for whom an employee stands in loco
parentis or for whom the employee is the guardian or conservator, or an adult
dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: 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.
SECTION 17 – LEAVE OF ABSENCE
SEIU 1021 SLS - 47 - 2016-2019
F. Certification for Family Care Leave: A written communication to the employer from a
health care provider of a person for whose care the leave is being taken which need
not identify the serious health condition involved, but shall contain:
1.the date, if known, on which the serious health condition commenced;
2.the probable duration of the condition;
3.an estimate of the amount of time which the employee needs to render care
or supervision;
4.a statement that the serious health condition warrants the participation of a
family member to provide care during period of treatment or supervision;
5.if for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist in their recovery, and its
expected duration.
G. Certification for Medical Leave: A written communication from a health care
provider of an employee with a serious health condition or illness to the employer,
which need not identify the serious health condition involved, but shall contain:
1.the date, if known, on which the serious health condition commenced;
2.the probable duration of the condition;
3.a statement that the employee is unable to perform the functions of the
employee's job;
4.if for intermittent leave or a reduced work schedule leave, the certification
should indicate the medical necessity for the intermittent leave or reduced
leave schedule and its expected duration.
H. Comparable Positions: A position with the same or similar duties and pay which can
be performed at the same or similar geographic location as the position held prior to
the leave. Ordinarily, the job assignment will be the same duties in the same
program area located in the same city, although specific clients, caseload, co-
workers, supervisor(s), or other staffing may have changed during an employee's
leave.
17.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under
Section 14.3.d - Sick Leave Utilization for Pregnancy Disability, that time will not be
considered a part of the eighteen (18) week family care leave period.
17.11 Group Health Plan Coverage. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their health
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SEIU 1021 SLS - 48 - 2016-2019
plan coverage with the County contribution by maintaining their employment in pay status
as described in Section 17.12. During the eighteen (18) weeks of an approved medical or
family care leave under Section 17.6 above, the County will continue its contribution for
such health plan coverage even if accruals are not available for use to maintain pay status
as required under Section 17.12. In order to maintain such coverage, employees are
required to pay timely the full employee contribution to maintain their group health plan
coverage, either through payroll deduction or by paying the County directly.
17.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month by
using available sick leave (if so entitled under Section 14.3 - Policies Governing the
Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other
accruals or entitlements; in other words, during the first twelve (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,
except when required by LTD Benefit Coordination or SDI/Sick Leave Integration
under Section 15.5 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 14.3 - Policies Governing the Use of Paid Sick Leave),
vacation floating holiday, compensatory time off or other accruals or entitlements if
such are available, although use of additional accruals is permitted under subsection
A. above.
C. Leave of Absence/Long-Term Disability (LTD) Benefit Coordination. An eligible
employee who files an LTD claim and concurrently takes a leave of absence without
pay will be required to use accruals as provided in Section B herein during the
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.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave.
17.13 Leave of Absence Replacement and Reinstatement. Any permanent employee
who requests reinstatement to the classification held by the employee in the same
department at the time the employee was granted a leave of absence, shall be reinstated to
a position in that classification and department and then only on the basis of seniority. In
case of severance from service by reason of the reinstatement of a permanent employee,
the provisions of Section 11 - Seniority, Workforce Reduction, Layoff, and Reassignment
shall apply.
SECTION 17 – LEAVE OF ABSENCE
SEIU 1021 SLS - 49 - 2016-2019
17.14 Leave of Absence Return. In the Department of Employment and Human Services
an employee shall have the right to return to the same class, building, and assignment
(position control number) if the return to work is within eighty-nine (89) consecutive days
from the initial date the employee started leave of absence. At such time the leave of
absence is approved by the Appointing Authority, the Department shall notify the employee
of the final date by which he/she shall return to be assigned to the same position control
number.
17.15 Reinstatement From Family Care Medical Leave. In the case of a family care or
medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than ninety (90) workdays of leave
from the initial date of a continuous leave, including use of accruals, or within the equivalent
on an alternate work schedule. A full-time employee taking an intermittent or reduced work
schedule leave shall be reinstated to the same or comparable position if the return to work
on a full schedule is after no more than 720 hours, including use of accruals, of intermittent
or reduced schedule leave. At the time the original leave is approved, the appointing
authority shall notify the employee in writing of the final date to return to work, or the
maximum number of hours of leave, in order to guarantee reinstatement to the same or
comparable position. An employee on a schedule other than 5/40 shall have the time
frame for reinstatement to the same or comparable position adjusted on a pro rata basis.
17.16 Salary Review While on Leave of Absence. The salary of an employee who is on
leave of absence from a County position on any anniversary date and who has not been
absent from the position on leave without pay more than six (6) months during the
preceding year, shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military leave.
17.17 Unauthorized Absence. An unauthorized absence from the work site or failure to
report for duty after a leave request has been disapproved, revoked, or canceled by the
appointing authority, or at the expiration of a leave, shall be without pay. Such absence
may also be grounds for disciplinary action.
17.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain
in effect.
17.19 Time Off to Vote. Employees represented by the Union who do not have sufficient
time outside of working hours to vote at a statewide election, may, without loss of pay, take
off enough working time which will enable the employee to vote.
No more than two (2) hours of the time taken off for voting shall be without loss of pay. The
time off for voting shall be only at the beginning or end of the regular working shift,
whichever allows the most free time for voting and the least time off from the regular
working shift.
Any employee seeking time off to vote under the provisions of this Section must submit a
written request at least two (2) working days in advance to his or her immediate supervisor
stating the following: name; job classification; department; a statement "I am a registered
SECTION 18 – JURY DUTY AND WITNESS DUTY
SEIU 1021 SLS - 50 - 2016-2019
voter"; geographic location and address of the employee's polling place; amount of time
requested and whether it is to be at the beginning or end of the employee's regular
workday; and a clear statement as to why the employee is unable to vote during the regular
hours that the polls are open.
SECTION 18 – JURY DUTY AND WITNESS DUTY
18.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an
employee is obligated to report to the court.
When called for jury duty, County employees, like other 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 Superior, or Federal Court, or a Coroner’s 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
Superior or Federal Court, employees may remain in a regular pay status if they waive all
fees (other than mileage), regardless of shift assignment and the following shall apply:
1.If an employee elects to remain in a regular pay status and waive or surrender all
fees (other than mileage), the employee shall obtain from the Clerk or Jury
Commissioner a certificate indicating the days attended and noting that fees other
than mileage are waived or surrendered. The employee shall furnish the certificate
to his department where it will be retained as a department record. No
"Absence/Overtime Record" is required.
2.An employee who elects to retain all fees must take leave (vacation, floating holiday,
etc.) or leave without pay. No court certificate is required but an "Absence/Overtime
Record" must be submitted to the department payroll clerk.
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.
When an employee is required to serve on jury duty, the County will adjust that employee's
work schedule to coincide with a Monday to Friday schedule for the remainder of their
service, unless the employee requests otherwise. Participants in 9/80 or 4/10 work
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schedules will not receive overtime or compensatory time credit for jury duty on their
scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for those days
on which they were previously scheduled to work.
18.2 Witness Duty. Employees called upon as a witness or an expert witness in a case
arising in the course of their work or the work of another department may remain in their
regular pay status and turn over to the County all fees and expenses paid to them (other
than mileage allowances) or they make take vacation leave or leave without pay and retain
all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g., accident
suits and family relations) shall take vacation leave or leave without pay and retain all
witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury duty
as set forth in Section 18.1 above. Employees shall advise their department as soon as
possible if scheduled to appear for witness duty. Permanent intermittent employees are
entitled to paid witness duty only for those days on which they were previously scheduled
to work.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
19.1 Health Plan Coverages.
The County will provide the medical and dental coverage for permanent employees
regularly scheduled to work twenty (20) or more hours per week and for their eligible family
members, expressed in one of the Medical Plan contracts and one of the Dental Plan
contracts between the County and the following providers:
1.Contra Costa Health Plans (CCHP)
2.Kaiser Permanente Health Plan
3.Health Net
4.Delta Dental
5.DeltaCare (PMI)
Medical Plans:
All employees will have access to the following medical plans:
1.CCHP Plan A & Plan B
2.Kaiser Permanente Plan A & Plan B
3.Health Net HMO Plan A & Plan B
4.Health Net PPO Plan A
5.Kaiser High Deductible Health Plan
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Health Net PPO Plan B will be eliminated for all employees beginning January 1,
2018.
In the event that one of the medical plans listed above meets the criteria for a high cost
employer-sponsored health plan that may be subject to an excise penalty (a.k.a.
Cadillac Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42
U.S.C. § 18081), the Joint Labor/Management Benefit Committee will meet to consider
plan design and other changes in an effort to mitigate the negative impact of the excise
penalty. If the Committee is unable to make sufficient plan changes and the plan(s)
continue to meet the criteria for high cost employer-sponsored health plan(s), such
plan(s) will be eliminated for all employees beginning January 1, 2018.
19.2 Monthly Premium Subsidy:
A. The monthly premium subsidy in effect on January 1, 2015, for each medical and/or
dental plan, is a set dollar amount and is not a percentage of the premium charged
by the plan. The County will pay the following monthly premium subsidy:
Health & Dental Plans Employee Employee +1
Dependent
Employee +2 or
More
Dependents
Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90
Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79
Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84
Health Net HMO Plans $627.79 $1,540.02 $1,540.02
Health Net PPO Plans $604.60 $1,436.25 $1,436.25
Kaiser High Deductible Health Plan $478.91 $1,115.84 $1,115.84
Delta Dental with CCHP A or B $41.17 $93.00 $93.00
Delta Dental with Kaiser or Health Net $34.02 $76.77 $76.77
Delta Dental without a Health Plan $43.35 $97.81 $97.81
DeltaCare (PMI) with CCHP A or B $25.41 $54.91 $54.91
DeltaCare (PMI) with Kaiser or Health Net $21.31 $46.05 $46.05
DeltaCare (PMI) without a Health Plan $27.31 $59.03 $59.03
B. If the County contracts with a health and/or dental plan provider not listed above, the
amount of the premium subsidy that the County will pay to that health and/or dental
plan provider for employees and their eligible family members shall not exceed the
amount of the premium subsidy that the County would have paid to the former plan
provider.
C. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any health and/or dental plan,
for any plan year, the County’s contribution will not exceed one hundred percent
(100%) of the applicable plan premium.
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SEIU 1021 SLS - 53 - 2016-2019
D. Joint Labor/Management Benefit Committee. The Unions and County agree to
create a Joint Labor/Management Benefit Committee (“Benefit Committee”) and
convene in order to 1) select a replacement medical or dental plan in the event that
a plan listed in this Section 19 is no longer available; 2) design a wellness program;
3) discuss future medical, dental, or vision plan design; or 4) assess the future
impact of any excise tax pursuant to the federal Patient Protection and Affordable
Care Act (“ACA”) (42 U.S.C. § 18081) on any high cost medical plans offered by the
County. The Benefit Committee replaces the existing Healthcare Oversight
Committee. The existing Healthcare Coalition will remain, but may meet quarterly.
The Benefit Committee will be composed of two (2) representatives (not including
Union/Association staff) from each Union/Association in the County and
Management representatives to be determined. If the Benefits Committee is
selecting a replacement medical or dental plan, the selection must be unanimously
agreed upon by the Union/Association representatives on the Committee and any
such selected plan will be available to employees represented by the Unions and
incorporated into their respective MOUs after ratification by each Union/Association.
The Benefit Committee will convene no later than February 1, 2016, after ratification
of this Agreement.
19.3 Retirement Coverage:
A. Upon Retirement:
1.Upon retirement, eligible employees and their eligible family members
may remain in their County health/dental plan, but without County-
paid life insurance coverage, if immediately before their proposed
retirement the employees and dependents are either active
subscribers to one of the County contracted health/dental plans or if
while on authorized leave of absence without pay, they have retained
continuous coverage during the leave period. The County will pay the
health/dental plan monthly premium subsidies set forth in Section
19.2for eligible retirees and their eligible family members.
2.Any person who becomes age 65 on or after January 1, 2010 and
who is eligible for Medicare must immediately enroll in Medicare Parts
A and B.
3.For employees hired on or after January 1, 2010 and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health and/or dental plan after they separate from
County employment. However, any such eligible employee who
retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a county
health or dental plan provided that (i) he or she begins to receive a
monthly retirement allowance from CCCERA within 120 days of
separation from County employment and (ii) he or she pays the full
premium cost under the health and/or dental plan without any County
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SEIU 1021 SLS - 54 - 2016-2019
premium subsidy.
B. Employees Who File For Deferred Retirement: Employees, who resign and
file for a deferred retirement and their eligible family members, may continue
in their County group health and/or dental plan under the following conditions
and limitations.
1.Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
2.Life insurance coverage is not included.
3.To continue health and dental coverage, the employee must:
a.be qualified for a deferred retirement under the 1937
Retirement Act provisions;
b.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 plan benefits;
c.be eligible for a monthly allowance from the Retirement System
and direct receipt of a monthly allowance within twenty-four
(24) months of application for deferred retirement; and
d.file an election to defer retirement and to continue health
benefits hereunder with the County Benefits Division within
thirty (30) days before separation from County service.
4.Deferred retirees who elect continued health benefits hereunder and
their eligible family members may maintain continuous membership in
their County health and/or dental plan group during the period of
deferred retirement by paying the full premium for health and dental
coverage on or before the 10th of each month, to the Contra Costa
County Auditor-Controller. When the deferred retirees begin to
receive retirement benefits, they will qualify for the same health and/or
dental coverage pursuant to subsection A above, as similarly situated
retirees who did not defer retirement.
5.Deferred retirees may elect retiree health benefits hereunder without
electing to maintain participation in their County health and/or dental
plan during their deferred retirement period. When they begin to
receive retirement benefits they will qualify for the same health and/or
dental coverage pursuant to subsection A above, as similarly situated
retirees who did not defer retirement, provided reinstatement to a
County group health and/or dental plan will only occur following a
three (3) full calendar month waiting period after the month in which
their retirement allowance commences.
6.Employees who elect deferred retirement will not be eligible in any
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SEIU 1021 SLS - 55 - 2016-2019
event for County health and/or dental plan subvention unless the
member draws a monthly retirement allowance within twenty-four (24)
months after separation from County service.
7.Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for retiree health/dental coverage,
as similarly situated retirees who did not defer.
C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsections A and B, above, upon
completion of fifteen (15) years of service as an employee of Contra Costa
County. For purposes of retiree health eligibility, one year of service is
defined as one thousand (1,000) hours worked within one anniversary year.
The existing method of crediting service while an employee is on an
approved leave of absence will continue for the duration of this Agreement.
D. Subject to the provisions of Section 19.3 subparts A, B, and C and upon
retirement and for the term of this Agreement, the following employees (and
their eligible family members) are eligible to receive a monthly premium
subsidy for health and/or dental plans or are eligible to retain continuous
coverage of such plans: employees, and each employee who retires from a
position or classification that was represented by this bargaining unit at the
time of his or her retirement.
E. For purposes of this Section 19.3 only, “eligible family members” does not
include Survivors of employees or retirees.
19.4 Health Plan Coverages and Provisions: The following provisions are applicable
regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent part-
time employees working nineteen (19) hours per week or less may
participate in the County Health and/or Dental plans (with the associated life
insurance benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan through
the last day of the month in which he/she separates. Employees who
separate from County employment may continue group health and/or dental
plan coverage to the extent provided by the COBRA laws and regulations.
19.5 Family Member Eligibility Criteria: The following persons may be enrolled as the
eligible Family Members of a medical and/or dental plan Subscriber:
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SEIU 1021 SLS - 56 - 2016-2019
A. Health Insurance
1.Eligible Dependents:
a.Employee’s Legal Spouse
b.Employee’s qualified domestic partner
c.Employee’s child to age 26
d.Employee’s Disabled Child who is:
(1) over age 26,
i.Unmarried; and,
ii.Incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s
attainment of age 19.
2.“Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
B. Dental Insurance
1.Eligible Dependents:
a.Employee’s Legal Spouse
b.Employee’s qualified domestic partner
c.Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i.Resides with the Employee for more than 50% of the
year excluding time living at school; and,
ii.Receives at least 50% of support from Employee; and,
iii.Is enrolled and attends school on a full-time basis, as
defined by the school.
d.Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii.Incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s
attainment of age 19.
2.“Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 57 - 2016-2019
19.6 Dual Coverage:
A. Each employee and retiree may be covered only by a single County health
(and/or dental) plan, including a CalPERS plan. For example, a County
employee may be covered under a single County health and/or dental plan
as either the primary insured or the dependent of another County employee
or retiree, but not as both the primary insured and the dependent of another
County employee or retiree.
B. All dependents, as defined in Section 19.5, Family Member Eligibility Criteria,
may be covered by the health and/or dental plan of only one spouse or one
domestic partner. For example, when both husband and wife are County
employees, all of their eligible children may be covered as dependents of
either the husband or the wife, but not both.
C. For purposes of this Section 19.6 only, “County” includes the County of
Contra Costa and all special districts governed by the Board of Supervisors,
including, but not limited to, the Contra Costa County Fire Protection District.
19.7 Medical Plan Cost-Sharing on and after January 1, 2016.
a.For the plan year that begins on January 1, 2016, the County will pay the monthly
premium subsidy for medical plans stated in subsection 19.2.A. In total, the County
will pay the following amounts for the 2016 plan year:
Medical Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $530.56 $1,049.81 $1,646.89
Contra Costa Health Plans (CCHP), Plan B $549.42 $1,068.65 $1,737.03
Kaiser Permanente Health Plan A $435.38 $803.96 $1,493.79
Kaiser Permanente Health Plan B $445.04 $881.68 $1,407.40
Health Net HMO Plan A $669.34 $1,131.34 $2,280.09
Health Net HMO Plan B $662.01 $1,280.20 $2,060.75
Health Net PPO Plan A $727.94 $1,112.03 $2,755.43
Health Net PPO Plan B $715.64 $1,144.40 $2,623.86
Kaiser High Deductible Health Plan 4310 $447.04 $916.72 $1,387.40
b.For the plan year that begins on January 1, 2017, and for the term of this
agreement, if there is an increase in the monthly premium, including any plan
premium penalty, charged by a medical plan, the County and the employee will each
pay fifty percent (50%) of the monthly increase that is above the amount of the 2016
plan premium. The fifty percent (50%) share of the monthly medical plan increase
paid by the County is in addition to the amounts paid by the County in subsection
19.7.a., above, for medical plans.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 58 - 2016-2019
c.2016 Plan Premium Amounts: For purposes of calculating the County and
Employee cost-sharing increases described in 19.2.b, above, the following are the
2016 total monthly medical plan premium amounts:
Medical Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $657.08 $1,314.15 $1,971.23
Contra Costa Health Plans (CCHP), Plan B $728.38 $1,456.77 $2,185.15
Kaiser Permanente Health Plan A $749.80 $1,499.60 $2,249.39
Kaiser Permanente Health Plan B $585.68 $1,171.36 $1,757.04
Health Net HMO Plan A $1,208.76 $2,417.52 $3,626.27
Health Net HMO Plan B $840.55 $1,681.10 $2,521.65
Health Net PPO Plan A $1,643.40 $3,286.80 $4,930.20
Health Net PPO Plan B $1,479.47 $2,958.94 $4,438.40
Kaiser High Deductible Health Plan $470.10 $940.21 $1,410.32
d.Notwithstanding subsections a. and b. of 19.7, above, beginning the month following
a special open enrollment in the 2017 plan year, the County will pay for active
employees the following total amounts for the Kaiser Permanente Health Plan A:
Medical Plan Employee Employee +1
Dependent
Employee +2 or More
Dependents
Kaiser Permanente Health Plan A $496.07 $938.73 $1,623.57
For each subsequent plan year during the term of the agreement, the premium increase
cost-sharing referenced in subsection 19.7.b., above, for the Kaiser Permanente Plan A
only will be in addition to the amounts paid by the County in this subsection 19.7.d.
19.8 Life Insurance Benefit Under Health and Dental Plans: For employees who are
enrolled in the County’s program of medical or dental coverage as either the primary or the
dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be
provided by the County.
19.9 Supplemental Life Insurance: In addition to the life insurance benefits provided by
this Agreement, employees may subscribe voluntarily and at their own expense for
supplemental life insurance. Employees may subscribe for an amount not to exceed five
hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a
guaranteed issue, provided the election is made within the required enrollment periods.
19.10 Health Care Spending Account. After six (6) months of permanent employment,
full time and part time (20/40 or greater) employees may elect to participate in a Health
Care Spending Account (HCSA) Program designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA
Program allows employees to set aside a predetermined amount of money from their pay,
not to exceed the maximum amount authorized by federal law, per calendar year, of before
tax dollars, for health care expenses not reimbursed by any other health benefit plans.
HCSA dollars may be expended on any eligible medical expenses allowed by Internal
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SEIU 1021 SLS - 59 - 2016-2019
Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by
the employee
19.11 PERS Long-Term Care: The County will deduct and remit monthly premiums to the
PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to
purchase long-term care at their personal expense through the PERS Long-Term Care
Program.
19.12 Voluntary Vision Plan: Beginning with the 2017 plan year, active permanent full-
time and active permanent part-time employees will be offered the opportunity to enroll in a
voluntary vision plan. Employees will pay the full premium costs of the plan. The County
will contract with a provider for a voluntary vision plan with no co-pays. The vision plan is
not available to temporary or permanent-intermittent employees.
19.13 Health Savings Account: Beginning with the 2017 plan year, active permanent full-
time and active permanent part-time employees who are enrolled in the Kaiser High
Deductible Health Plan may elect to enroll in a Health Savings Account (HSA). Employees
may contribute up to the maximum annual contribution rate for HSAs as set forth in the
United States Internal Revenue Code. Funds contributed to the HSA are invested as
directed by the employee. The County does not provide any recommendations or advice
on investment or use of HSA funds. Employees are responsible for paying any HSA
account management fees charged by the HSA administrator. The County does not
manage or administer the HSA. The HSA is not available to temporary or permanent-
intermittent employees.
19.14 Dependent Care Assistance Program: The County offers the option of enrolling in
a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under
Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The
program allows employees to set aside up to five thousand dollars ($5,000) of annual
salary (before taxes) per calendar year to pay for eligible dependent care (child and elder
care) expenses. Any unused balance is forfeited and cannot be recovered by the
employee.
19.15 Premium Conversion Plan: The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code,
but tax savings are not guaranteed. The program allows employees to use pre-tax dollars
to pay health and dental premiums.
19.16 Prevailing Section: To the extent that any provision of this Section (Section 19
Health, Life & Dental Care) is inconsistent with any provision of any other County
enactment or policy, including but not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management Regulations, or any other agreement or order of
the Board of Supervisors, the provision(s) of this Section (Section 19 - Health, Life & Dental
Care) will prevail.
SECTION 20 – PROBATIONARY PERIOD
SEIU 1021 SLS - 60 - 2016-2019
19.17 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.
19.18 Partial Month. The County's contribution to the health plan premium is payable for
any month in which the employee is paid. If an employee is not paid enough compensation
in a month to pay the employee share of the premium, the employee must make up the
difference by remitting the amount delinquent to the Auditor-Controller. The responsibility
for this payment rests with the employee. If payment is not made, the employee shall be
dropped from the health plan.
19.19 Coverage During Absences. Employees shall be allowed to maintain their health
plan coverage at the County group rate for twelve (12) months if on approved leave of
absence provided that the employee shall pay the entire premium (i.e. both employer and
employee share) for the health plan during said leave. Said payment shall be made by the
employee at a time and place specified by the County. Late payment shall result in
cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA)
provided the employee pays the entire cost of coverage, plus any administrative fees, for
the option selected. The entire cost of coverage shall be paid at a place and time specified
by the County. Late payment may result in cancellation of health plan coverage with no
reinstatement allowed.
19.20 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.
19.21 Health Benefit Access for Employees Not Otherwise Covered. To access
County health plans, an employee who is not otherwise eligible for health coverage by the
County, must be eligible to receive an offer of coverage from the County under the federal
Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees
eligible to receive an offer of coverage (and qualified dependents), will be offered access to
County health insurance plans. Employees will be responsible for the full premium cost of
coverage.
SECTION 20 – PROBATIONARY PERIOD
20.1 Duration. All appointments from officially promulgated employment lists for original
entrance or promotion shall be subject to a probationary period. For original entrance
appointments, the probationary period shall be from nine (9) months to two (2) years
duration. For promotional appointments, the probation period shall be from six (6) months
to two (2) years duration.
SECTION 20 – PROBATIONARY PERIOD
SEIU 1021 SLS - 61 - 2016-2019
20.2 Classes With Probation Periods Over Six/Nine Months. Listed below are those
classes represented by the Union which have probation periods in excess of nine (9)
months for original entrance appointments and six (6) months for promotional
appointments: None.
20.3 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
20.4 Criteria. The probationary period shall commence from the date of appointment. It
shall not include time served in provisional or temporary appointments or any period of
continuous unpaid absence exceeding fifteen (15) calendar days, except as otherwise
provided by law.
For those employees appointed to permanent-intermittent positions with a nine (9) months
probation period, probation will be considered completed upon serving fifteen hundred
(1,500) hours after appointment except that in no instance will this period be less than nine
(9) calendar months from the beginning of probation. If a permanent-intermittent
probationary employee is reassigned to full-time, credit toward probation completion in the
full-time position shall be prorated on the basis of one hundred seventy-three (173) hours
per month.
20.5 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if subsequently
certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this section, an
employee (probationer) shall have the right to appeal from any rejection during the
probationary period based on political or religious affiliations or opinions, Union
activities, or race, color, national origin, sex, age, disability or sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
Subsection A and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery
to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to believe
that the rejection may have been based on grounds prohibited in Subsection A, it
may refer the matter to a Hearing Officer for hearing, recommended findings of fact,
conclusions of law and decision, pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If,
after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be
reinstated in the position and the appellant shall begin a new probationary period
unless the Merit Board specifically reinstates the former period.
SECTION 20 – PROBATIONARY PERIOD
SEIU 1021 SLS - 62 - 2016-2019
20.6 Regular Appointment. The regular appointment of a probationary employee will
begin on the day following the end of the probationary period. A probationary employee
may be rejected at any time during the probation period without regard to the Skelly
provisions of this Memorandum, without notice and without right of appeal or hearing,
except as provided in Section 20.5.A.
Notwithstanding any other provisions of the MOU, an employee rejected during the
probation period from a position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months after being
promoted or transferred from a position in the Merit System to a position not included in the
Merit System shall be restored to a position in the classification in the department from
which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall not
be restored to the eligible list from which the employee was certified unless the employee
receives the affirmative recommendation from the appointing authority and is certified by
the Director of Human Resources whose decision is final. The Director of Human
Resources shall not certify the name of a person restored to the eligible list to the same
appointing authority by whom the person was rejected from the same eligible list, unless
such certification is requested in writing by the appointing authority.
20.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete only
the balance of the required probation.
If reemployed in another department or in another classification, the employee shall serve a
full probationary period. An employee appointed to a permanent position from a layoff or
reemployment list is subject to a probation period if the position is in a department other
than the department from which the employee separated, displaced, or voluntarily demoted
in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a
probation period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
20.8 Rejection During Probation of Layoff Employee. An employee who has achieved
permanent status in the class before layoff and who subsequently is appointed from the
layoff list and then rejected during the probation period shall be automatically restored to
the layoff list, unless discharged for cause, if the person is within the period of layoff
eligibility. The employee shall begin a new probation period if subsequently certified and
appointed in a different department or classification than that from which the employee was
laid off.
SECTION 21 – PROMOTION
SEIU 1021 SLS - 63 - 2016-2019
SECTION 21 – PROMOTION
21.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
21.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
21.3 Open Exam. If an examination for one of the classes represented by the Union is
proposed to be announced on an open only basis, the Director of 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.
21.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
B. The incumbent of the position must have performed at the higher level for one (1)
year.
C. The incumbent must meet the minimum education and experience requirements for
the higher class.
D. The action must have approval of the Director of Human Resources.
E. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
21.5 Requirements for Promotional Standing. In order to qualify for an examination
called on a promotional basis, an employee must have probationary or permanent status in
the merit system and must possess the minimum qualifications for the class. Applicants will
be admitted to promotional examinations only if the requirements are met on or before the
final filing date. If an employee who is qualified on a promotional employment list is
separated from the merit system, except by layoff, the employee's name shall be removed
from the promotional list.
21.6 Seniority Credits. Employees who have qualified to take promotional examinations
and who have earned a total score, not including seniority credits, of seventy percent (70%)
or more, shall receive, in addition to all other credits, five one-hundredths of one (.05)
percent for each completed month of service as a permanent County employee
SECTION 22 – TRANSFER
SEIU 1021 SLS - 64 - 2016-2019
continuously preceding the final date for filing application for said examination. For
purposes of seniority credits, leaves of absence shall be considered as service. Seniority
credits shall be included in the final percentage score from which the rank on the
promotional list is determined. No employee, however, shall receive more than a total of
five percent (5%) credit for seniority in any promotional examination.
21.7 Physical Examination. County employees who are required, as part of the
promotional examination process to take a physical examination, shall do so on County
time at County expense.
SECTION 22 – TRANSFER
22.1 Transfer Conditions. The following conditions are required in order to qualify for
transfer:
A. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on
the basis of minimum qualifications and qualifying procedure;
B. the employee shall have permanent status in the merit system and shall be in good
standing;
C. the appointing authority or authorities involved in the transaction shall have indicated
their agreement in writing;
D. the employee concerned shall have indicated agreement to the change in writing;
E. the Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the regular
appointment procedure provided that the individual desiring transfer has eligibility on a list
for a class for which appointment is being considered.
22.2 Transfer Without Examination. With the approval of the appropriate appointing
authority/authorities and the consent of the employee, the Director of Human Resources
may transfer an employee from one job classification to another job classification without
examination under the following conditions:
A. the duties and responsibilities of the position from which the employee is being
transferred are within the occupational area or directly associated with the duties
and responsibilities of the position to which the employee is being transferred.
B. the employee must possess the minimum qualifications for the job classification to
which the employee is being transferred.
C. the employee must serve the probationary period required for the classification into
which the employee is being transferred.
SECTION 23 – RESIGNATIONS
SEIU 1021 SLS - 65 - 2016-2019
D. an employee rejected during the probationary period or who resigns during the
probationary period for other than disciplinary reasons shall have the right at that
time to be restored to a position in the classification in the department from which
the employee was transferred.
The Director of Human Resources, upon request, will provide written justification for
invoking this section.
22.3 Transfer Policy. Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Human Resources in writing of such desire stating the
reasons therefore. The Director of Human Resources shall, if he or she considers that the
reasons are adequate and that the transfer will be for the good of the County service and
the parties involved, inform the appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in accomplishing the transfer.
22.4 Miscellaneous Assignments.
A. Vacancies which do not involve the supervision of Social Casework Specialists, or
are not covered by Section 38.g, shall be open for bid to all employees covered by
this agreement in accordance with provisions of Section 35 - Performance
Evaluation.
B. When an employee covered by this agreement is appointed to an out of class
appointment to a position outside of this bargaining unit, but within the Department,
and such appointment is due to the lack of an eligible list, the Department shall
request County Human Resources to schedule an examination for said classification
except where extenuating circumstances exist.
C. Social Work Supervisors II with Emergency response experience will be given
primary consideration in assigning substitute supervisors to the after-hours
Emergency Response Program. All such Social Work Supervisors II will be given
the opportunity annually to be placed on the substitute supervisor list in order to be
eligible to receive overtime pay for the after-hours Emergency Response Program.
SECTION 23 – RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations shall
be forwarded to the 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.
23.1 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
SECTION 23 – RESIGNATIONS
SEIU 1021 SLS - 66 - 2016-2019
appointing authority requires a longer period, up to four (4) weeks, for a specific reason, or
consents to the employee's terminating on shorter notice) is a resignation in good standing.
23.2 Constructive Resignation. A constructive resignation occurs and is effective when:
A. An employee has been absent from duty for five (5) consecutive working days
without leave; and
B. five (5) more consecutive working days have elapsed without response by the
employee after the mailing of a notice of resignation by the appointing authority to
the employee at the employee's last known address.
C. The letter to the employee will include a document that gives the employee the
option of authorizing the County to provide his/her union with a copy of the
constructive resignation letter. If the employee signs the authorization document
and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the constructive resignation letter to the
employee’s union, as authorized.
23.3 Effective Resignation. A resignation is effective when delivered or spoken to the
appointing authority, operative either on that date or another date specified.
23.4 Revocation. A resignation that is effective is revocable only by written concurrence
of the employee and the appointing authority, except that an oral resignation rescinded in
writing by the end of the workday following the oral resignation will be accepted by the
appointing authority.
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing 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 on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee could
have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day following the appointing authority's
acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal to the Merit Board. In the
alternative, the employee may file a written election with the Director of Human
Resources waiving the employee's right of appeal to the Merit Board in favor of the
employee's appeal rights under the grievance procedure contained in Section 25 –
Grievance Procedure of the MOU beginning with Step 3.
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
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D. Disposition. If a final decision is rendered that determines that the resignation was
coerced, the resignation shall be deemed revoked and the employee returned to
duty effective on the day following the decision but without loss of seniority or pay,
subject to the employee's duty to mitigate damages.
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
24.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, or
demote any employee for cause. The following are sufficient causes for such action; the
list is indicative rather than inclusive of restrictions and dismissal, suspension, or demotion
may be based on reasons other than those specifically mentioned:
A. absence without leave,
B. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system into disrepute,
D. disorderly conduct,
E. incompetence or inefficiency,
F. insubordination,
G. being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises,
H. neglect of duty, i.e. non-performance of assigned responsibilities,
I. negligent or willful damage to public property or waste of public supplies or
equipment,
J. violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head,
K. willful violation of any of the provisions of the merit system ordinance or Personnel
Management Regulations,
L. 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,
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
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O. dishonesty or theft,
P. excessive or unexcused absenteeism and/or tardiness,
Q. sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual nature,
when such conduct has the purpose or effect of affecting employment decisions
concerning an individual, or unreasonably interfering with an individual's work
performance, or creating an intimidating and hostile working environment.
24.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend for
more than three (3) work, 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.
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.
In addition to the Notice of Proposed Action, the appointing authority will serve the
employee with a document that gives the employee the option of authorizing the County to
provide his/her union with a copy of the Notice of Proposed Action. If the employee signs
the authorization document and returns it to the appointing authority, the appointing
authority will thereafter, within one work day, provide a copy of the employee’s Notice of
Proposed Action to his/her union, as authorized.
In addition to the Order and Notice, the appointing authority will serve the employee with a
document that gives the employee the option of authorizing the County to provide his/her
union with a copy of the Order and Notice. If the employee signs the authorization
document and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the employee’s Order and Notice to his/her union,
as authorized.
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
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
SEIU 1021 SLS - 69 - 2016-2019
the employee's response is not filed within seven (7) days or any extension, the right to
respond is lost.
24.3 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven (7) days, the appointing authority for cause specified in writing
may place the employee on temporary leave of absence, with pay.
24.4 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days
unless ordered by an arbitrator, an adjustment board or the Merit Board.
24.5 Procedure on Dismissal, Suspension, or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an employee having
permanent status in a position in the merit system, after having complied with the
Skelly requirements, where applicable, the appointing authority shall make an order
in writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, or demotion shall be filed
with the Director of Human Resources, showing by whom and the date a copy was
served upon the employee to be dismissed, suspended or demoted, either
personally or by certified mail to the employee's last known mailing address. The
order shall be effective either upon personal service or deposit in the U. S. Postal
Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, or demotion either to the Merit Board or through the procedures of
Section 25 - 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. An employee may not both appeal to the Merit Board and file
a grievance under Section 25 of this MOU.
24.6 Employee Representation Rights. The County recognizes an employee’s right to
representation during an investigatory interview or meeting that may result in discipline.
The County shall not interfere with the representative’s right to assist an employee to clarify
the facts during the interview. If the employee requests a Union representative, the
investigatory interview shall be temporarily recessed for a reasonable period of time until a
Union representative can be present. For those interviews, which by nature of the incident
must take place immediately, the Union will take reasonable steps to make a Union
representative immediately available.
The employer shall inform the employee of the general nature of the investigation at the
time the employer directs the employee to be interviewed.
SECTION 25 – GRIEVANCE PROCEDURE
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SECTION 25 – GRIEVANCE PROCEDURE
25.1 Definition and Procedure. 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) calendar days of the incident or occurrence about
which the grievant claims to have a grievance. Discipline appeals utilizing the grievance
procedure must be filed within the timeframe set forth in Section 24.5 – Procedure on
Dismissal, Suspension, or Disciplinary Demotion. Grievances will 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 or designee, who shall meet with the grievant
within five (5) work days of receipt of a written request to hold such meeting. Grievances
challenging suspensions, reductions in pay, demotions and terminations may be filed at
Step 3 within the time frame set forth above.
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 he or she seeks. A
copy of each written communication on a grievance shall be filed with the Employee
Relations Officer. 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 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 union may appeal
in writing within ten (10) work days to the Employee Relations Officer. The Employee
Relations Officer or his/her designee shall have twenty (20) work days in which to
investigate the merits of the complaint and to meet together at the same time with the
Department Head or his/her designee, the grievant, and the union. For grievances involving
interpretation of this MOU, the Employee Relations Officer or his/her designee will decide
the grievance on its merits and provide the grievant, the union, and the Department with a
written decision within fifteen (15) workdays of the date of the Step 3 Meeting, unless more
time is granted by mutual agreement.
For grievances involving appeals from disciplinary action, the Employee Relations Officer or
designee will attempt to resolve the grievance. In the event that the grievance is not
resolved, the Employee Relations Officer or designee will provide written notice of that fact
to the grievant, the union, and the Department within fifteen (15) workdays of the date of
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 SLS - 71 - 2016-2019
the Step 3 meeting, unless more time is granted by mutual agreement.
Step 4 Mediation. Grievances regarding discipline involving suspensions, demotions, or
reduction in pay will proceed directly to Step 5 - Expedited Board of Adjustment, at the
request of the Union. No grievance may be processed under this section which has not first
been filed and investigated in accordance with Step 3 above. If the parties are unable to
reach a mutually satisfactory accord on any grievance that is presented at Step 3 the
union may appeal the grievance and request mediation in writing to the Employee
Relations Officer or designee within ten (10)work days of the date of the written response at
Step 3.
This step of the grievance procedure may be waived by the written mutual agreement of
the parties.
Step 5 Arbitration. If the parties are unable to reach a resolution of the grievance at Step
4, either the Union or the County, whichever is the moving party, may require that the
grievance, except those referred to in Section 25.2 below, be referred to an impartial
arbitrator who shall be designated by mutual agreement between the Union and the
Employee Relations Officer. Such request shall be submitted within twenty (20) work days
of the completion of mediation at Step 4. 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 Union and the County.
Each party, however, shall bear the costs of its own presentation, including preparation and
post hearing briefs, if any.
25.2 Step 5. Expedited Board of Adjustment. If the County and the Union are unable
to reach a mutually satisfactory accord on any grievance of discipline involving
suspensions, demotions, or reduction in pay that arises and is presented during the term of
this MOU, such grievance may be submitted to the Expedited Board of Adjustment (EBA) in
writing in accordance with the procedures below. No grievance may be processed under
this Section that has not first been filed and processed in accordance with Step 3 of the
Grievance Procedure and delivered to the Employee Relations Officer within ten (10) work
days of the date of the Step 3 written response by the Employee Relations Officer or
his/her designee. By agreement of the Union and the Employee Relations Officer or his/her
designee, grievances concerning contract interpretation may also be presented to the EBA.
All grievances submitted to the EBA will be resolved in accordance with the following
procedures:
Expedited Board of Adjustment (EBA)
a.The EBA will be composed of two (2) union representatives from the unions
participating in the EBA process, , no more than one (1) of whom may be an
employee of the County, two (2) management members named by the County, and
an impartial arbitrator. The Unions and the County will each appoint three (3)
alternates who will serve as the voting members of the Board if a member(s) is/are
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 SLS - 72 - 2016-2019
not available. A Union Alternate from a different Union will serve as the voting
member when the appointed Union Board member is from the same Union as the
grievant and a County Alternate will serve as a voting member when a County
Board member is from the same Department as the grievant. Each Board member
will serve for a twelve (12) month term except that one member and one alternate
initially appointed by each side will serve a six (6) month term so that Board member
terms are staggered.
b.The County and the Coalition Unions (hereafter “parties”) will choose an impartial
arbitrator to serve as the fifth (5) member of the EBA and serve as a tie-breaker
when the EBA is deadlocked. The parties will select the Arbitrator by forwarding a
list of individuals acceptable to a party to the other party. The parties will continue
this process until an impartial arbitrator is selected. The Arbitrator will serve a one
year term, or longer, as agreed to by the parties in writing. However, the Arbitrator
may be replaced at any time by agreement between the parties. The Arbitrator will
render an immediate decision if the Board is deadlocked. All decisions rendered by
the EBA are final and binding upon the Employer, the Union, and the employee, to
the extent provided by law.
c.Decisions rendered by the EBA must be within the scope of, and may not vary from,
the express written terms of this Memorandum of Understanding.
d.The Union and the County will each pay one-half (1/2) of the arbitrator’s fees and
costs. If a majority of the EBA approves the services of a court reporter and/or other
special services, the Union and the County will each pay one-half (1/2) of such
expenses.
Procedures
A. The EBA will convene on the fourth (4th) Wednesday of each month unless
otherwise scheduled by mutual agreement.
B. The EBA will develop and adopt written rules of procedure to govern the conduct of
hearings by a majority vote.
C. Unless the EBA agrees otherwise by majority action, it will remain in session until all
grievances on the agenda have been heard.
D. All grievances that are received by the Employee Relations Officer at least ten (10)
working days prior to the next scheduled session of the EBA will be placed on the
agenda for the next regular meeting. By majority vote, the EBA may upon request of
the Union or the County waive this provision.
E. Upon the request of the Union or the County, a continuance of a grievance will be
granted until the next session.
F. Licensed Attorneys will not participate as Board members, advocates, or advisors in
Board hearings unless the attorney is also a union business agent or Human
Resources staff.
G. Meetings will be convened at a central location agreed to by the Unions and the
County.
H. Materials to be presented at the EBA will not be shared with the Board members in
advance of convening the Board.
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 SLS - 73 - 2016-2019
25.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment.
A. Decisions of Arbitrators and the Expedited Board of Adjustment, on matters properly
before them, are final and binding on the parties hereto, to the extent permitted by
law.
B. No Arbitrator or Expedited Board of Adjustment may 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 under such dispute falls within the definition of a
grievance as set forth in Subsection 25.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend, or
terminate this MOU, nor any matter or subject arising out of or in connection with
such proposals, may be referred to arbitration under this Section. No Arbitrator or
Expedited Board of Adjustment has the power to amend or modify this MOU or
written agreements supplementary hereto or to establish any new terms or
conditions of employment.
D. If the Employee Relations Officer, pursuant to the procedures outlined in Step 3
above or Step 4 above resolves 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 arbitration or Expedited Board of Adjustment proceedings hereunder) will be
recognized unless agreed to by the County and the Union.
25.4 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 withdrawn.
25.5 Compensation Complaints. All complaints involving or concerning the payment of
compensation shall be initially filed in writing with the Employee Relations Officer. 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 not detailed in the MOU shall be deemed withdrawn until the MOU 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.
25.6 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 refuse to perform customary duties.
SECTION 26 – BILINGUAL PROVISIONS
SEIU 1021 SLS - 74 - 2016-2019
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having jurisdiction,
an employee who is in danger of physical harm shall not be required to cross the picket
line, provided the employee advises his or her supervisor as soon as possible, and
provided further that an employee may be required to cross a picket line where the
performance of his or her duties is of an emergency nature and/or failure to perform such
duties might cause or aggravate a danger to public health or safety.
25.7 Merit Board.
A. All grievances of employees in representation units represented by the Union shall
be processed under Section 25 unless the employee elects to apply to the Merit
Board on matters within its jurisdiction.
B. No action under Steps 3, 4, and 5 of Section 25.1 or Step 5 of Section 25.2 above
shall be taken if action on the complaint or grievance has been taken by the Merit
Board, or if the complaint or grievance is pending before the Merit Board.
25.8 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors violates a
provision of this MOU.
25.9 Union Notification. An official with whom a formal grievance is filed by a grievant
who is included in a unit represented by the Union in the grievance shall give the Union a
copy of the grievance.
SECTION 26 – BILINGUAL PROVISIONS
A salary differential of eighty dollars ($80.00) per month shall be paid incumbents of
positions requiring bilingual proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be prorated for employees working
less than full time and/or who are on an unpaid leave of absence for a portion of any given
month. Designation of positions for which bilingual proficiency is required is the sole
prerogative of the County.
Effective January 1, 2007, the current program differential shall be increased to a total
of one hundred dollars ($100.00) per month.
SECTION 27 – RETIREMENT CONTRIBUTION
27.1 Contribution. Effective on January 1, 2012, employees are responsible for the
payment of one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra Costa County
Employees’ Retirement Association. Employees are also responsible for the payment of the
employees' contributions to the retirement cost of living program as determined annually by
the Board of Retirement, without the County paying any part of the employees’
SECTION 28 – TRAINING REIMBURSEMENT
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contributions. The County is responsible for one hundred percent (100%) of the employer’s
retirement contributions determined annually by the Board of Retirement.
27.2 Retirement Benefit - Non-Safety Employees who become New Members of
CCCERA on or After January 1, 2013
A. For non-safety employees who, under PEPRA, become New Members of the Contra
Costa County Employees Retirement Association (CCCERA) on or after January 1,
2013, retirement benefits are governed by the California Public Employees Pension
Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent
this Agreement conflicts with any provision of PEPRA, PEPRA will govern.
B. For employees hired by the County after June 30, 2014, who, under PEPRA,
become New Members of CCCERA the cost of living adjustment to the retirement
allowance will not exceed two percent (2%) per year, and the cost of living
adjustment will be banked.
C. For employees who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
D. The County will seek legislation amending the County Employees Retirement Law of
1937 to clarify that the current Tier III disability provisions apply to non-safety
employees who, under PEPRA, become New Members of CCCERA. The Union will
support the legislation.
SECTION 28 – TRAINING REIMBURSEMENT
The Department of Employment and Human Services shall establish an annually
renewable training reimbursement fund in the amount of $5,000 for the exclusive purpose
of reimbursing employees covered by this agreement for the cost of tuition, fees, books,
and other employee expenses incurred in the pursuit of work related education, continuing
education, or work related graduate degree. Said fund shall replace the career
development training reimbursement described in the County Administrative Bulletin on
Training. Reimbursement under said fund will be limited to seven hundred fifty dollars
($750) per year.
When authorized as operationally beneficial to the Department, up to fifty dollars ($50) of
the training reimbursement fund per calendar year per employee may be used toward
conference attendance or related materials not covered in the Professional Development
Allowance in Section 51.d. Reimbursement under the above limits for the cost of books for
career development shall be allowable.
SECTION 29 - MILEAGE
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SECTION 29 – MILEAGE
29.1 Reimbursement Rate. Procedures and definitions relative to mileage
reimbursement will be in accordance with the Administrative Bulletin on Expense
Reimbursement.
29.2 Commuter Benefit Program. Prior to July 1, 2017, the County will offer employees
the option of enrolling in an employee-funded qualified transportation (commuter) benefit
program designed to qualify for tax savings under Section 132(f) of title 26 of the Internal
Revenue Code, but such savings are not guaranteed. The Commuter Benefit Program will
allow employees to set aside pre-tax dollars for qualified transportation expenses to the
extent and amount allowed by the Internal Revenue Service.
SECTION 30 – RESPITE LEAVE WITHOUT PAY
All employees represented by Local 1021 shall be granted ten (10) days respite leave
without pay per fiscal year. Such leave shall be taken in increments of one (1) full day
(eight (8) hours) and shall be requested in writing. Conflicting requests for respite leave
shall be resolved by the Department Head or designee with preference given to employees
according to their seniority in the department, as reasonably as possible. Any balance in
the ten (10) days respite leave which remains at the end of the fiscal year shall not be
carried over into the next fiscal year.
SECTION 31 – PROJECT EMPLOYEES
Project 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 classes are unique and
therefore differ from other regular classes represented in the following respects:
1.Project employees are not covered by the Merit System;
2.Project employees may be separated from service at any time without regard to the
provisions of this Memorandum of Understanding, without right of appeal or hearing
or recourse to the grievance procedure specified herein; and
3.Any provision of this Memorandum of Understanding which pertains to layoff or
seniority are not applicable to project employees.
SECTION 32 – NOTICE OF NEW EMPLOYEES
The County agrees to periodically mail to Social Services Union, Local 1021 a list of
names, classifications, and the designation of permanent employment category of new
employees appointed to classifications represented by Local 1021. Said periodic list will be
mailed within forty-five (45) days of the end of each month.
SECTION 33 – PERSONNEL FILES
A Department shall maintain only one official personnel file.
SECTION 33 – PERSONNEL FILES
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33.1 Inspection. Each employee, or an employee's representative so designated by
written authorization of the employee, shall have the right to inspect and review the
employee's personnel file upon request at reasonable times and for reasonable periods
during the regular business hours of the County. Employees shall be permitted to review
their personnel files at the Personnel office during their work hours. For those employees
whose work hours do not coincide with the County’s business hours, management shall
provide a copy of the employee’s personnel file for their review. The custodian of records
will certify that the copy is a true and correct copy of the original file.
33.2 Inspection Exclusions. Documentation in the personnel file relating to the
investigation of a possible criminal offense, medical records which contain a physician's
admonition that the employee not see such records, and information or letters of reference
shall be specifically excluded from such inspection and review.
33.3 Removal and Release of Material. Pre-employment reference material shall be
removed from the personnel file after one (1) year of continuous employment with the
County.
Medical records may be released to qualified medical authorities upon execution of a
written release by the employee and with the concurrence of the County's medical
authorities.
33.4 Copies. An employee may request copies of other material contained in the
personnel file. The employer shall bear the cost of the reproduction of copies.
A. The County shall provide the employee with copies of all performance evaluation
reports and letters of reprimand or warning or other negative material prior to the
placement of such documents in the employee's departmental personnel file.
B. A counseling memo placed in an employee's departmental personnel file which is
not referenced in the employee's subsequent performance evaluation shall be
removed from the employee's departmental personnel file upon the written request
of the employee. If an employee is not evaluated when an annual performance is
due, the employee may request through the Department Personnel Officer that a
performance evaluation be completed. If an employee has not had a performance
evaluation within eighteen (18) months subsequent to a counseling memo being
placed in the employee's department personnel file, the counseling memo shall be
removed from the employee's personnel file, provided that there has not been a
subsequent counseling memo on the same subject in that period of time.
C. Upon written request of the employee, copies of letters of reprimand or warning shall
be sent to the Union.
33.5 Employee Response. The County shall afford the employee the opportunity to
respond in writing to any information contained in their personnel file. Such response shall
be included in the employee's personnel file.
SECTION 34 – COUNSELING
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SECTION 34 – COUNSELING
Whenever an employee's job performance and/or conduct becomes less than satisfactory,
counseling shall be provided by the employee's supervisor. Such counseling shall
specifically state the unsatisfactory nature of the employee's performance and/or conduct
and specific ways in which the employee can bring such performance and/or conduct up to
the satisfactory level.
Said counseling shall be provided as soon as possible after the occurrence of the less than
satisfactory performance and/or conduct. No adverse action shall be taken by the County
against any employee unless such counseling has been provided and time for improvement
has been given.
The employee's supervisor shall prepare written documentation of such counseling and
provide a copy of the documentation to the employee.
The foregoing shall not apply to probationary employees or in those cases where
immediate disciplinary action is necessary.
If, after such a counseling session has occurred between a supervisor and employee, the
employee requests of the Department Personnel Officer a meeting with a Steward/Officer
of the Union and Department representatives, such a meeting shall be held. This meeting
shall be held within fifteen (15) working days.
SECTION 35 – PERFORMANCE EVALUATION
35.1 Purpose. The purpose of a performance evaluation for an employee is to measure
the employee's performance against the job specifications and performance requirements
of the position that the incumbent is filling. It answers the questions of how well an
employee is doing in meeting the department's performance standards for this job. It
satisfies a basic requirement for the employee to know where he/she stands with the
organization in regard to his/her performance. It delineates areas of strengths and
weaknesses. Where performance is below standard, it suggests possible ways of making
improvement.
35.2 Probationary Period. During the probationary period, the performance evaluation
is used as the last phase of an individual's examination process. Probationary employees
receive a preliminary evaluation at the end of three (3) months, and a final evaluation after
their fifth (5th) month of probation. An overall rating of STANDARD must be received on
the final probationary evaluation in order for the employee to achieve permanent status.
35.3 Annual Evaluation. Once an employee achieves permanent status, the employee's
performance is evaluated at least once a year. Additional evaluations may be made
between these required evaluations as necessary. Evaluations will also be made when an
employee or supervisor terminates, or when an employee or supervisor is reassigned to
another unit and more than three (3) months have elapsed since the last written evaluation.
SECTION 35 – PERFORMANCE EVALUATION
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35.4 Below Standard Evaluation. In the event a permanent employee receives an
overall rating of BELOW STANDARD, such employee must be reevaluated within three (3)
months following the date of the report. If the employee shows no significant improvement
at the end of this period, a recommendation for demotion or dismissal will be made.
However, if at the end of three (3) months, there has been improvement but the employee's
performance is still not at a STANDARD level, the employee may be given two (2)
additional three-month periods to meet the standards if the supervisor agrees those
standards will be reached during this period.
The work performance of each employee is to be rated on all of the rating factors on the
appropriate form. Each of these factors has been found to be of critical importance in
determining successful job performance for employees.
Individual rating factors and overall ratings of BELOW STANDARD must be substantiated
in the Comments section, as well as suggestions or plans for improved performance in
those areas.
If some significant aspect of performance is above the level indicated by the factor rating,
this may be pointed out by a statement in the Comments section to the employee.
35.5 Discussion With Employee. The Rater will discuss the report with the employee
and provide the employee with a copy at that time if the employee wishes to discuss the
report with the Reviewer. In signing the report, the employee is merely acknowledging
having seen the report; it does not indicate agreement.
35.6 Definitions of Ratings. A factor rating of ABOVE STANDARD means that this part
of the employee's work performance is consistently beyond the level expected of a
competent worker in the position.
An overall rating of STANDARD means that the employee's work performance is
acceptable and will result, where pertinent, in receipt of salary increment, promotion, or
permanent status.
A factor rating of BELOW STANDARD means that this part of the employee's work
performance is frequently below the level of a competent worker in the position and that
effort should be made to improve. An overall rating of BELOW STANDARD means the
employee's work performance is inadequate and may result in the loss or delay of the
salary increment, demotion, dismissal, or rejection on probation.
35.7 Appeal Procedure. If an employee believes his/her rating is improper, he/she
should discuss it with the Rater. If still not satisfied, the employee should sign the report
and place an "X" in the space provided by his/her signature to indicate he/she wishes to
discuss the report with the Reviewer (the Rater’s immediate supervisor). Within five (5)
calendar days after being given a copy of the Report of Performance Evaluation, an
employee who wishes consideration in addition to the Rater's evaluation should prepare a
written statement to the Reviewer as follows: 1) Identify the report by stating the date of
the report, the name of the Rater, and the date the report was received; 2) Specify the
SECTION 36 – SAFETY PROGRAM
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ratings or comments which he/she believes are incorrect and should be changed; 3) Give
facts substantiating the requested changes to these ratings or comments; 4) Keep a copy
of the written request and send the original to the Reviewer. Upon receiving the written
statement, the Reviewer will have five (5) calendar days to meet with the employee to
consider the employee's comments and to respond in writing. The Reviewer's response
shall be given to the employee. A copy of the Reviewer's response along with the
employee's written statement shall be attached to the Report of Performance Evaluation.
Failure to allow the foregoing procedure is subject to the grievance procedure. However,
disputes over the actual content or ratings themselves in individual evaluations are not
grievable.
SECTION 36 – SAFETY PROGRAM
The County is committed to providing a safe work environment for our employees. To that
end, health and safety standards shall be maintained in all County facilities to a maximum
degree consistent with the conduct of efficient operations.
The Department of Employment and Human Services shall operate a department-wide
employee health and safety program. This program shall consist of:
A. A central department Safety Committee comprised of two (2) members from each
major building location. A major building location is defined as a building that houses
at least 100 employees. The representatives for each major building are the
Building Supervisor and an SEIU Local 1021 designee. A designated alternate
attends the department safety committee meeting in the absence of the Building
Supervisor. The Department Safety Coordinator serves as chairperson. The
department safety committee meets every six (6) weeks. Minutes of each meeting
are recorded and distributed to all EHSD staff.
B. All Committee members will receive training on a) accident/injury reporting
procedures, b) accident/injury investigation and prevention, c) safety awareness,
and d) procedures by which safety concerns are handled. This training is conducted
through EHSD’s Injury and Illness Prevention Program (IIPP).
C. Committee recommendations shall be reported to and reviewed by the
Administration Bureau Director, who acts on recommendations that are within his
delegated authority. All other recommendations are reported to the Department
Head for review. Responses to such recommendations shall be communicated to
the Safety Committee at its next regularly scheduled meeting or some other
mutually agreeable period.
D. Existing Site safety committees will continue to further extend EHSD’s safety
program.
E. Safety Committee meeting time and locations will be posted in advance and
meetings are open to employees. Employees who wish to attend a Safety
Committee meeting during scheduled work hours must request time off in advance
SECTION 37 – FLEXIBLE STAFFING
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from their supervisor and may use non-sick leave accruals for the meeting
attendance.
In addition, departments will continue to ensure a designated Safety Coordinator is
selected to serve as the liaison between Risk Management and the department to address
any safety issues.
SECTION 37 – FLEXIBLE STAFFING
37.1 Designation. Certain positions may be designated by the Director of Human
Resources as flexibly staffed positions. Positions are generally allocated at the first level of
the job series when vacated. When the position is next filled and an incumbent of one of
these positions meets the minimum qualifications for the next higher level and has met
appropriate competitive requirements he/she may then be promoted to the next higher
classification within the job series without need of a classification study.
The following job classifications are flexibly staffed: None.
Open examinations at either level in the above mentioned classifications shall be
administered upon the request of the Department Head and approval of the Director of
Human Resources.
37.2 Continuous Testing for Flexibly Staffed Classes. Employees in a flexible staffed
job series which have been determined by the Director of Human Resources as appropriate
for continuous testing may apply for promotion to the next higher classification level as
follows:
Applicants must file the regular Human Resources Department Application for Examination
Form and where applicable, the appropriate supplemental questionnaire with the Human
Resources Department. The first Friday in each month is the filing deadline for any
candidate who meets the minimum qualifications at any time during that month. The names
of accepted applicants will be placed on the eligible list by the first working day of the
following month. Employees who file applications must notify their supervisor and their
departmental personnel officer. Nothing contained in this section shall be construed as
making a promotion automatic or automatically effective on the first of the month following
the filing of an application. It is the responsibility of the Department that wishes to promote
employees in flexibly staffed positions to submit a personnel request (certification request)
prior to the first day of the month in which they wish to promote the employee. Personnel
requests for promotion of employees to become effective on the first of the month must be
in the Human Resources Department by the last working day of the prior month. It is the
employee’s responsibility to submit applications for promotion sufficiently in advance to
assure receipt in the Human Resources Department by the first Friday of the month in
which they become eligible for promotion.
SECTION 38 – STAFFING ALLOCATIONS AND REASSIGNMENTS
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If an error occurs in the Human Resources Department which causes a delay in the
processing of an application, said error shall be corrected and the employee shall be
placed on the eligible list retroactively to the first of the month following his/her eligibility.
If an operating department verifies in writing the intent to promote an employee on the first
of the month following eligibility, said appointment shall be made retroactive to the first of
the month following his/her eligibility.
SECTION 38 – STAFFING ALLOCATIONS AND REASSIGNMENTS
On the basis of the Department's staffing distribution review, the Department may consider
reassignment of staff represented by this agreement.
The following procedure shall be used:
A. Internal moves within the Division may be made at the discretion of the Assistant
Director within twenty (20) working days following publication of staff allocations.
B. Authorized staffing levels shall be determined as needed by the Department. Vacant
authorized positions shall be bid to the appropriate class in all offices for a three-day
period and, as provided below, may be certed simultaneously from the appropriate
Eligible List, or filled as otherwise provided in the MOU or County Regulations.
Where there are at least five (5) bid responses for a Social Work Supervisor II
position, or four (4) bid responses for a Social Work Supervisor I or other remaining
classes within the representation Unit, the Department shall only interview and
select from those respondents. Where there are less than the minimum bid
respondents at any point in the bid process, the Department may cert from the
appropriate eligible list or fill as otherwise provided in the MOU or County
regulations, provided, however, that all bid respondents will be interviewed.
Authorized vacancies resulting from the bid process may automatically be certed
from an appropriate eligible list. In the event of workload imbalance, upon mutual
agreement between the Union and Department, bids may be limited so specific
Division(s) to correct said imbalance.
C. Employees responding to bids shall complete Department Reassignment Request
Forms and submit these to the Department Personnel Unit. Such Reassignment
Request Forms must be received by 5:00 p.m. on the day the bid closes.
D. If there are less than five (5) responses to a posted bid notice and the Department is
not able to otherwise fill the position, the Department may consider the bid
responses and/or consider reassignment of one (1) of the three (3) least senior
employees within the classification within two (2) weeks of the closing of the bid. If
there are only two (2) bidders, the two (2) bidders will be considered for
reassignment along with the least senior employee; if there is only one (1) bidder,
that bidder will be considered for reassignment along with the two (2) least senior
employees.
SECTION 39 – REIMBURSEMENT FOR MEAL EXPENSES
SEIU 1021 SLS - 83 - 2016-2019
E. If a vacancy occurs in the same class and in the same division from which an
employee was involuntarily reassigned, the Department shall offer the position to the
employee who was involuntarily reassigned. If the employee declines the offer, or
voluntarily transfers after such involuntary reassignment, he/she will not be
considered for any future vacancies in that Division except as provided for in 38 b.
above.
F. Positions flagged as needing a language skill or special qualifications shall be
identified on bids. Only employees having such skill or meeting such qualifications
shall be accepted for bid interview or for mandatory reassignments as provided in
this section.
G. Specially funded assignments, assignments of limited duration (less than six (6)
months), special circumstances (which generally will be less than six (6) months) or
requiring special skills, and assignments made due to reorganization, shall not be
subject to procedures in this section. The Department is not limited in its description
of the special circumstances described in this section which may necessitate a
specific reassignment of employees.
H. Reassignments shall not be used as a replacement for discipline. Employees on
probation or in an Improvement Needed Review status shall not be reassigned. If
one (1) of the least senior persons in the class is on Improvement Needed or on
probation, a total of three (3) eligible least senior persons in the class will be
considered for reassignment, unless the bid is limited to a specific Division in
accordance with 38 b. herein, in which case the three (3) least senior persons in that
specific Division will be considered for reassignment.
I. The Department's selection decision in accordance with the procedures outlined in
this section are not subject to the Grievance Procedure contained in Section 25
herein.
SECTION 39 – REIMBURSEMENT FOR MEAL EXPENSES
Procedures and definitions relative to reimbursement for meal expenses shall be in
accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 40 – PERSONAL PROPERTY REIMBURSEMENT
The loss or damage to personal property of employees is subject to reimbursement under
the following conditions:
A. The loss or damage must result from an event which is not normally encountered or
anticipated on the job and which is not subject to the control of the employee.
B. Ordinary wear and tear of personal property used on the job is not compensated.
SECTION 41 – LENGTH OF SERVICE DEFINITION
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C. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of duty.
E. The loss or damage was not a result of negligence or lack of proper care by the
employee.
F. The personal property was necessarily worn or carried by the employee in order to
adequately fulfill the duties and requirements of the job.
G. The loss or damage to employees eyeglasses, dentures, or other prosthetic devices
did not occur simultaneously with a job connected injury covered by workers'
compensation.
H. The amount of reimbursement shall be limited to the actual cost to repair damages.
Reimbursement for items damaged beyond repair shall be limited to the actual value
of the item at the time of loss or damage but not more than the original cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the Administrative
Bulletin on Compensation for Loss or Damage to Personal Property.
SECTION 41 – LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals)
The length of service credits of each employee of the County shall date from the beginning
of the last period of continuous County employment (including temporary, provisional, and
permanent status, and absences on approved leave of absence). When an employee
separates from a permanent position in good standing and within two (2) years is
reemployed in a permanent County position, or is reemployed in a permanent County
position from a layoff list within the period of layoff eligibility, service credits shall include all
credits accumulated at time of separation, but shall not include the period of separation.
The Director of Human Resources shall determine these matters based on the employee
status records in his/her department.
SECTION 42 – SERVICE AWARDS
The County shall continue its present policy with respect to service awards including time
off; provided, however, that the type of award given shall be at the sole discretion of the
County.
The following procedures shall apply with respect to service awards:
SECTION 43 – PERMANENT PART-TIME EMPLOYEE BENEFITS
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Presentation Before the Board of Supervisors. An employee with twenty (20) or more years
of service may go before the Board of Supervisors to receive his/her Service Award. When
requested by a department, the Human Resources Department will make arrangements for
the presentation ceremony before the Board of Supervisors and notify the department as to
the time and date of the Board meeting.
Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to
take the day off with pay at each five (5) year anniversary.
SECTION 43 – PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits. They
are eligible for health, dental and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time. If the employee works at least
fifty percent (50%) of full time, County retirement participation is also included.
SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS & BENEFITS
A. Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
B. Permanent-Intermittent employees may be eligible for certain special types of pays
and benefits in addition to wages under specifically defined circumstances. A list of
those special pays and benefits that are applicable to permanent-intermittent
employees is included as Attachment C. If a special pay or benefit that is described
in this MOU does not specifically reference permanent-intermittent employees or the
special pay or benefit is not included in Attachment C, then the special pay or
benefit does not apply to permanent-intermittent employees.
SECTION 45 – PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately prior
to their provisional appointment, are eligible for vacation and sick leave benefits. Said
provisional employees may participate in the County Group Health Plan Program wholly at
the employee's expense. The County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the monthly premium appropriately
and punctually. Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan Program and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 46 – INDEMNIFICATION AND DEFENSE OF COUNTY EMPLOYEES
The County shall defend and indemnify an employee against any claim or action against
the employee on account of an act or omission in the scope of the employee's employment
SECTION 47 – MODIFICATION AND DECERTIFICATION
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with the County in accordance with, and subject to, the provisions of California Government
Code Sections 825 et seq and 995 et seq.
SECTION 47 – MODIFICATION AND DECERTIFICATION
For the duration of this MOU the following amendments to Board Resolution No. 81/1165
shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified in the first paragraph to delete
the ten (10) percent requirement for an employee organization intervening in the unit
determination process and substitute therefore a thirty (30) percent requirement.
Section 34-12.013 - Election Procedure (b) shall be modified in the first paragraph to delete
the ten (10) percent requirement for any recognized employee organization(s) to appear on
the ballot and substitute therefore a thirty (30) percent requirement.
Section 34-12.016 - Modification of Representation Units shall be modified in the first
sentence by adding words to the effect of "most recent" to the date of determination. This
section shall be modified in the second sentence to require that petitions for modification of
a representation unit be filed during a period of not more than one hundred and fifty (150)
days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in
effect. The last sentence of this section shall be modified so that modification of a
representation unit shall not negate the term of an existing MOU between the County and
the recognized employee organization of the unit prior to the modification proceedings.
Section 34-12.018 - Decertification Procedure shall be modified in the first sentence by
adding words to the effect of "most recent" to the date of formal recognition and by
requiring the petition be submitted during a period of not more than one hundred and fifty
(150) days nor less than one hundred and twenty (120) days prior to the expiration of the
MOU in effect.
SECTION 48 – UNFAIR LABOR PRACTICE
48.1 Filing. Either the County or the Union may file an unfair labor practice as defined in
Board of Supervisors' Resolution No. 81/1165 against the other. Allegations of an unfair
labor practice, if not resolved in discussions between the parties within thirty (30) workdays
from the date of receipt, may be heard and decided by a mutually agreed upon impartial
third party.
48.2 Unfair Labor Practice - County. It is an unfair labor practice for the County to:
A. Interfere with, restrain or coerce employees in the exercise of the rights recognized
or granted in this division;
B. dominate or interfere with the formation of any employee organization or interfere
with selection of a majority representative;
SECTION 49 – DEPENDENT CARE
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C. contribute financial support to any employee organization; or
D. refuse to meet and confer in good faith (with representatives of formally organized
employee organizations on matters within the scope of representation), or to refuse
to consult with informally recognized employee organizations on matters within the
scope of representation.
48.3 Unfair Labor Practice - Union. It is an unfair labor practice for the Union or their
representatives or members to:
A. Interfere with, restrain or coerce employees in the exercise of the rights recognized
or granted in this division;
B. coerce, attempt to coerce or discipline any member of an organization so as to
hinder or impede the performance of his/her duties;
C. discriminate against any employee with regard to the terms or conditions of
membership because of race, color, creed, sex or national origin;
D. refuse to consult, or meet and confer in good faith, with management
representatives on matters within the scope of representation; or
E. initiate, engage in, cause, instigate, encourage or condone a work stoppage of any
kind or other disruptive activities which are detrimental to the conduct of county
business and services.
SECTION 49 – DEPENDENT CARE
A. Dependent Care Information and Referral Service. The County will administer an
"Information and Referral Service" through the Contra Costa Child Care Council for
the duration of this MOU.
B. Dependent Care Salary Contribution. Subject to the applicable provisions of the
Internal Revenue Service, employees may contribute up to $5,000 each calendar
year from their salaries for approved dependent care; only eligible employees may
contribute for such expenses; there is no County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, proof of payment, and
applicable County administrative procedures.
SECTION 50 – SPECIAL STUDIES/OTHER ACTIONS
50.1 Task Force. The Department of Employment and Human Services and
representatives from SEIU Local 1021 Service Line Supervisors will form a Task Force
consisting of four (4) representatives from each party to review the amount and nature of
SECTION 51 – SPECIAL BENEFITS
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work of Service Line Supervisors. The Task Force will make recommendations to the
EHSD Director concerning streamlining functions and/or processes, and establishing
priorities for the purpose of addressing workload. The Task Force will begin no later than
75 days after the signing of a new MOU, and will endeavor to complete its
recommendations by the end of September 2007.
A. There shall be meetings between the Department of Employment and Human
Services and the Union on at least a quarterly basis (or scheduled as agreed by the
parties) to review and discuss the existing amount and nature of work; to share
information and ideas on workload issues throughout the Department; and to
discuss long-range planning concerning Department programs and implementation.
The meeting(s) will be chaired by a Program Bureau Director or Department
Personnel Officer or his/her designee.
50.2 Differentials. The County and the Labor Coalition agree to establish a
Labor/Management Committee comprised of five (5) Labor and five (5) Management
employees to study and recommend actions necessary to standardize payment and
application of differentials including, but not limited to, proration for less than full-time
employees; the length of payment while on paid sick leave or disability; and consistency
between percent-based vs. flat-payment differentials.
50.3 Grievance Procedure. Representatives of the County shall meet and confer with
representatives of the Labor Coalition in order to develop rules and guidelines governing
the conduct and administration of Adjustment Boards.
50.4 Ergonomics. No later than May 15, 2000, the County will submit for Coalition input
revisions to Administrative Bulletin No. 426 dated April 17, 1990, and an Ergonomic Field
Guide, with a goal of finalization by June 30, 2000.
SECTION 51 – SPECIAL BENEFITS
Social Services First Line Supervisors represented by Social Services Union, Local 1021
are eligible to receive the following benefits:
A. Life Insurance. Effective January 1, 2000, $45,000 Group Term Life Insurance will
be provided. Premiums for this insurance will be paid by the County with conditions
of eligibility to be reviewed annually.
B. LTD. Long-Term Disability Insurance will be provided, with a replacement limit of
eighty-five percent (85%) of total monthly base earnings reduced by any deductible
benefits. The premium for this Long-Term Disability Insurance will be paid by the
County.
C. Vacation Buy Back. A vacation Buy Back plan will be provided for reimbursement
for up to one-third (1/3) of an employee's annual vacation accrual, subject to the
following conditions: (a) the choice can be made only once in each calendar year;
(b) payment shall be based on an hourly rate determined by dividing the employee's
monthly salary by 173.33; and (c) the maximum number of hours that may be
SECTION 51 – SPECIAL BENEFITS
SEIU 1021 SLS - 89 - 2016-2019
reimbursed in any year is one-third (1/3) of the annual accrual at the time of
reimbursement.
Employees promoted or hired by the County into any classification represented by
SEIU 1021 Service Line Supervisors on and after January 1, 2012, are not eligible for
the Vacation Buy-Back benefit. However, any employee who was eligible for a
Vacation Buy-Back benefit before promoting into a classification represented by
SEIU 1021 Service Line Supervisors will retain that benefit after promoting into a
classification represented by SEIU 1021 Service Line Supervisors.
D. Professional Development. A Professional Development Reimbursement Plan will
be provided to include reimbursement of up to one hundred fifty dollars ($150) per
fiscal year for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job-related professional development
activities, job-related books, electronic calendars and organizers, and software and
hardware from a standardized County approved list or with Department Head
approval, provided each employee complies with the provisions of the Computer
Use and Security Policy adopted by the Board of Supervisors.
Beginning January 1, 2000, employees shall be eligible for reimbursement of up to
four hundred dollars ($400) for each two (2) year period. Authorization for individual
professional development reimbursement requests shall be made by the
Department Head. Reimbursement will occur through the regular demand process
with demands being accompanied by proof of payment (copy of invoice or canceled
check).
E. Longevity Pay. A Longevity Pay Plan will provide a 2.5% increase in pay at ten (10)
years of County Service, subject to appointing authority approval based on merit.
F. Deferred Compensation Incentive.
1.The County will contribute seventy-five dollars ($75.00) per month to each
employee who participates in the County’s Deferred Compensation Plan. To
be eligible for this incentive, the employee must contribute to the deferred
compensation plan as indicated below:
Current
Monthly
Salary
Qualifying
Base Cont.
Amount
Monthly Base Cont.
Amount for Maintaining
Incentive Prog.Eligibility
2500 and below 250 50
2501 – 3334 500 50
3335 – 4167 750 50
4168 – 5000 1000 50
5001 – 5834 1500 100
5835 – 6667 2000 100
6668 and above 2500 100
SECTION 51 – SPECIAL BENEFITS
SEIU 1021 SLS - 90 - 2016-2019
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 seventy-five ($75.00) County supplement. To re-establish eligibility, employees
must again make a Base Contribution Amount as set forth above based on current
monthly salary. Employees with a break in deferred compensation contributions
either because of an approved medical leave or an approved financial hardship
withdrawal will not be required to re-establish 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, will not be required to
re-establish eligibility.
2.Deferred Compensation Plan – Special Benefit for Hires after January 1,
2010: Commencing April 1, 2010 and for the duration of this Agreement, the
County will contribute one hundred fifty dollars ($150) per month to an
employee's account in the Contra Costa County Deferred Compensation
Plan or other designated tax qualified savings vehicle, for employees who
meet all of the following qualifications:
a)The employee was first hired by Contra Costa County on or after
January 1, 2010 and,
b)The employee is a permanent full-time or permanent part-time
employee regularly scheduled to work at least 20 hours per week and
has been so employed for at least 90 calendar days; and
c)The employee defers a minimum of twenty-five dollars ($25) per
month to the Contra Costa County Deferred Compensation Plan or
other designated tax qualified savings vehicle; and ,
d)The employee has completed, signed and submitted to the Human
Resources Department, Employee Benefits Service Unit the required
enrollment form for the account, e.g. the Enrollment Form 457 (b).
e)The annual maximum contribution as defined under the relevant
Internal Revenue Code provision has not been exceeded for the
employee's account for the calendar year.
Employees who discontinue deferral or who defer less than the amount required
by this Subsection 2 for a period of one (1) month or more will no longer be
eligible to receive the County contribution. To establish eligibility, employees
must resume deferring the amount required by this Subsection 2.
No amount deferred by the employee or contributed by the County in
accordance with this Subsection 2 will count towards the Base Contribution
Amount or the Monthly Base Contribution for Amount for Maintaining Program
Eligibility required for the County's Deferred Compensation Incentive in
Subsection 1. No amount deferred by the employee or contributed by the
County in accordance with Subsection 1 will count toward the minimum required
deferral required by this Subsection 2. The County's contribution amount in
accordance with this Subsection 2 will be in addition to the County contribution
amount for which the employee may be eligible in accordance with any other
SECTION 51 – SPECIAL BENEFITS
SEIU 1021 SLS - 91 - 2016-2019
provision in this contract.
Both the employee deferral and the County contribution to the Contra Costa
County Deferred Compensation Plan under this Subsection 2 as well as any
amounts deferred or contributed to the Contra Costa County Deferred
Compensation Plan in accordance with Subsection 1, will be added together for
the purpose of ensuring that the annual Plan maximum contributions as defined
under IRS Code Section 457(b), or other tax qualified designated savings
vehicle, are not exceeded.
Within 30 days of adoption of this MOU by the Board of Supervisors, and
annually thereafter beginning in 2015, the County will provide to the Union a list
of eligible employees who have not enrolled in the deferred compensation plan
and will provide the Union with contact information for scheduling an
appointment with the Deferred Compensation provider.
G. Deferred Compensation Plan – Loan Provision: On August 14, 2012, the Board
of Supervisors adopted Resolution 2012/348 approving a side letter with the
Coalition Unions to allow a Deferred Compensation Plan Loan Program effective
September 1, 2012. The following is a summary of the provisions of the loan
program:
1.The minimum amount of the loan is $1,000.
2.The maximum amount of the loan is the lesser of 50% of the employee’s
balance or $50,000, or as otherwise provided by law.
3.The maximum amortization period of the loan is five (5) years.
4.The loan interest is fixed at the time the loan is originated and for the duration
of the loan. The loan interest rate is the prime rate plus one percent (1%).
5.There is no prepayment penalty if an employee pays the balance of the loan
plus any accrued interest before the original amortization period for the loan.
6.The terms of the loan may not be modified after the employee enters into the
loan agreement, except as provided by law.
7.An employee may have only one loan at a time.
8.Payment for the loan is made by monthly payroll deduction.
9.An employee with a loan who is not in paid status (e.g. unpaid leave of
absence) may make his/her monthly payments directly to the Plan
Administrator by some means other than payroll deduction each month the
employee is in an unpaid status (e.g. by a personal check or money order).
10.The Loan Administrator (MassMutual Life Insurance Company or its
successor) charges a one-time $50 loan initiation fee. This fee is deducted
from the employee’s Deferred Compensation account.
11.The County charges a one-time $25 loan initiation fee and a monthly
maintenance fee of $1.50. These fees are paid by payroll deduction.
The County’s website provides employees with the following information:
a.Deferred Compensation Loan Provision
SECTION 52 – ADOPTION
SEIU 1021 SLS - 92 - 2016-2019
b.FAQ’s for the Loan Provision including loan status upon termination of
employment and the consequences of defaulting on a loan
c.Pros and Cons of borrowing from the Deferred Compensation Plan
d.Loan Application and Agreement
SECTION 52 – ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall
be prepared and adopted in order to implement these provisions. It is understood that
where it is determined that an Ordinance is required to implement any of the foregoing
provisions, said provisions shall become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
SECTION 53 – SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
53.1 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. Any past side letters or any other agreements, excluding settlement
agreements, that are not incorporated into or attached to this MOU are deemed expired
upon approval of this MOU by the Board of Supervisors.
53.2 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.
53.3 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. It is
recognized, however, that certain provisions of the Personnel Management Regulations
may be supplementary to the provisions of this MOU and as such remain in full force and
effect.
SECTION 53 – SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
SEIU 1021 SLS - 93 - 2016-2019
53.4 Duration of Agreement. This Agreement will continue in full force and effect from
July 1, 2016 to and including June 30, 2019. Said Agreement shall automatically renew
from year to year thereafter unless either party gives written notice to the other prior to sixty
(60) days from the aforesaid termination date, of its intention to amend, modify or terminate
the agreement.
DATE: ____________________
SEIU, LOCAL 1021
Contra Costa County: (SERVICE LINE SUPERVISORS UNIT):
(Signature / Printed Name) (Signature / Printed Name)
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
SEIU, LOCAL 1021
SERVICE LINE SUPERVISORS
ATTACHMENTS
A. CLASS AND SALARY LISTING
B. HEALTHCARE COALITION NOTICE OF CHANGES
C. PERMANENT-INTERMITTENT SPECIAL PAYS AND BENEFITS
D. RETURN TO WORK POLICY
SEIU, LOCAL 1021
SERVICE LINE SUPERVISORS UNIT
CLASS AND SALARY LISTING
EFFECTIVE: 1/1/2017
ATTACHMENT A
Page 1 of 1
Job Code Classification Title
Flex Staff (F) /
Deep Class (D)From To
X0HB SOCIAL WORK SUPERVISOR I $5,597 $6,804
X0H1 SOCIAL WORK SUPERVISOR I-PRJ $5,597 $6,804
X0HA SOCIAL WORK SUPVSR II $6,578 $7,995
X7HB VOC ASSESSMENT SUPERVISOR $5,847 $7,107
Salary Range
ATTACHMENT B
1 of 1
ATTACHMENT C
SEIU, Local 1021-Service Line Supervisors
Section 44 –PI Employee Special Pays
Special Pays for Permanent-Intermittent Employees
All Units
Type of Pay (Pay Code) MOU Section
Jury Duty-Scheduled Work Day (JRY) Sec. 18
Military Leave (MLX) Sec. 17.4
FLSA Overtime (OTF) None
Sick Leave Hours Taken (SCK, SCK-2BS, SCK-2FS,
SCK-2RS, SCK-CAT, SCK-FML)
Sec. 44
Vacation Hours Taken (VAC, VAC-1, VAC-FML) Sec. 44
Shift Differential Pay at 5% (SH2) Sec. 10
Negotiations Time Off (T03) Sec. 4
1 of 1
ATTACHMENT D
ATTACHMENT D
ATTACHMENT D
ATTACHMENT D
ATTACHMENT D
ATTACHMENT D6
ATTACHMENT D7
ATTACHMENT D8
ATTACHMENT D9
ATTACHMENT D10
SEIU 1021 SLS 2016-2019 MOU Page 1 of 5
SEIU, LOCAL 1021
SERVICE LINE SUPERVISORS UNIT
SUBJECT INDEX
Administration of Sick Leave ................................................................................. 34
Adoption ................................................................................................................ 92
Advance Notice ....................................................................................................... 7
Agency Shop ........................................................................................................... 4
Aggregate Use for Spouse .................................................................................... 46
Anniversary Dates ................................................................................................. 10
Annual Evaluation ................................................................................................. 78
Appeal Procedure .................................................................................................. 79
Arbitration ............................................................................................................. 71
Attendance at Meetings ........................................................................................... 8
Automated Timekeeping Implementation .............................................................. 18
Bilingual Provisions ............................................................................................... 74
Call Back Time Pay ............................................................................................... 19
Catastrophic Leave Bank ...................................................................................... 42
Child Care ............................................................................................................. 60
Classes With Probation Periods Over Six/Nine Months ........................................ 61
Coerced Resignations ........................................................................................... 66
Communicating With Employees ............................................................................ 6
Commuter Benefit Program ................................................................................... 76
Compensation Complaints .................................................................................... 73
Compensation for Portion of Month ....................................................................... 12
Competitive Exam ................................................................................................. 63
Constructive Resignation....................................................................................... 66
Continuous Testing for Flexibly Staffed Classes ................................................... 81
Conversion to the New SDI Program .................................................................... 42
Counseling ............................................................................................................ 78
Coverage During Absences ................................................................................... 60
Credits to & Changes Against Sick Leave ............................................................. 31
Days & Hours of Work ........................................................................................... 16
Deferred Compensation Incentive ......................................................................... 89
Definitions (Days and Hours of Work) ................................................................... 16
Definitions (Leave of Absence) ............................................................................. 46
Department Notification (Of Shop Stewards) .......................................................... 9
Dependent Care Assistance Program ................................................................... 59
Dependent Care .................................................................................................... 87
Disability ................................................................................................................ 35
Discrimination .......................................................................................................... 8
Discussion With Employee .................................................................................... 79
Dismissal, Suspension and Demotion ................................................................... 67
Dual Coverage ...................................................................................................... 57
SEIU 1021 SLS 2016-2019 MOU Page 2 of 5
Dues Deduction ....................................................................................................... 4
Duration of Agreement .......................................................................................... 93
Effective Resignation ............................................................................................. 66
Employee Representation Rights .......................................................................... 69
Employee Response ............................................................................................. 68
Entrance Salary ..................................................................................................... 10
Expedited Board of Adjustment (Step 5) ............................................................... 71
Family Care Leave or Medical Leave .................................................................... 45
Family Member Eligibility Criteria .......................................................................... 55
Flexible Staffing ..................................................................................................... 81
Furlough Days Without Pay ................................................................................... 45
General Wages ....................................................................................................... 9
Grievance Procedure ............................................................................................ 70
Grievance Time Limits ........................................................................................... 73
Group Health Plan Coverage ................................................................................ 47
Health Benefit Access for Employees Not Otherwise Covered ............................. 60
Health Care Spending Account ............................................................................. 58
Health Plan Coverages and Provisions ................................................................. 55
Health Plan Coverages ......................................................................................... 51
Health Savings Account ........................................................................................ 59
Health, Life & Dental Care ..................................................................................... 51
Holiday is Observed (NOT WORKED) .................................................................. 27
Holidays and Personal Holiday Credit ................................................................... 26
Indemnification & Defense of County Employees ................................................. 85
Intermittent Use of Leave ...................................................................................... 46
Joint Labor/Management Benefit Committee ........................................................ 53
Jury Duty and Witness Duty .................................................................................. 50
Jury Duty ............................................................................................................... 50
Layoff During Probation ......................................................................................... 62
Layoff .................................................................................................................... 21
Leave of Absence Replacement & Reinstatement ................................................ 48
Leave of Absence Return ...................................................................................... 49
Leave of Absence.................................................................................................. 44
Leave Pending Employee Response (to Notice of Proposed Action) ................... 69
Leave Without Pay – Use of Accruals ................................................................... 48
Leave Without Pay ................................................................................................ 44
Length of Service Definition (for service awards and vacation accruals) .............. 84
Life Insurance (Special Benefit) ............................................................................ 88
Life Insurance Benefit Under Health and Dental Plans ......................................... 58
Long Term Disability ............................................................................................. 88
Longevity ............................................................................................................... 10
SEIU 1021 SLS 2016-2019 MOU Page 3 of 5
Lump Sum Ratification Payment .......................................................................... 10
Maintenance of Membership ................................................................................... 5
Mediation (Step 4) ................................................................................................ 71
Medical Certification .............................................................................................. 46
Medical Plan Cost- Sharing .................................................................................. 57
Merit Board ............................................................................................................ 74
Method of Integration (Worker’s Compensation) .................................................. 41
Mileage .................................................................................................................. 76
Military Leave ........................................................................................................ 45
Miscellaneous Assignments .................................................................................. 65
Modification and Decertification ............................................................................ 86
Monthly Premium Subsidy ..................................................................................... 52
Non-Exclusivity ...................................................................................................... 49
Notice (Layoff) ....................................................................................................... 25
Notice of New Employees ..................................................................................... 76
On-Call Duty .......................................................................................................... 20
Open Exam ........................................................................................................... 63
Paid Personal Leave ............................................................................................. 19
Partial Month (Employee Contribution to Health Plan Premium) ........................... 60
Part-Time Compensation ...................................................................................... 12
Pay for Work in Higher Classification .................................................................... 14
Pay Warrant Errors................................................................................................ 16
Payment (10th & 25th) ........................................................................................... 15
Performance Evaluation (Appeal of Procedures) .................................................. 79
Performance Evaluation ........................................................................................ 78
Permanent Part-Time Employee Benefits ............................................................. 85
Permanent-Intermittent Employee Special Pays & Benefits .................................. 85
Permanent-Intermittent Employees (Holiday) ........................................................ 28
PERS Long Term Care ......................................................................................... 59
Personal Property Reimbursement ....................................................................... 83
Personnel Files ...................................................................................................... 76
Personnel Management Regulations .................................................................... 92
Physical Examination ............................................................................................ 64
Policies Governing Use of Paid Sick Leave .......................................................... 31
Position Reclassification ........................................................................................ 12
Pregnancy Disability Leave ................................................................................... 47
Premium Conversion Plan ..................................................................................... 59
Prevailing Section .................................................................................................. 59
Probationary Period ............................................................................................... 60
Procedure on Dismissal, Suspension, or Disciplinary Demotion ........................... 69
Professional Development ................................................................................... 89
Project Employees ................................................................................................ 76
Promotion Policy ................................................................................................... 63
Promotion Via Reclass Without Examination ........................................................ 63
Promotion .............................................................................................................. 63
SEIU 1021 SLS 2016-2019 MOU Page 4 of 5
Provisional Employee Benefits .............................................................................. 85
Purpose of Sick Leave .......................................................................................... 31
Rate Information (Health, Life & Dental Care) ....................................................... 60
Reassignment of Laid Off Employees ................................................................... 25
Reimbursement for Meal Expenses ...................................................................... 83
Reimbursement Rate ............................................................................................ 76
Reinstatement From Family Care Medical Leave ................................................. 49
Rejection During Probation of Layoff Employee .................................................... 62
Rejection During Probation ................................................................................... 61
Requirements for Promotional Standing ............................................................... 63
Resignation in Good Standing ............................................................................... 65
Resignations .......................................................................................................... 65
Respite Leave Without Pay ................................................................................... 76
Retirement Benefits - Non-Safety Employees ....................................................... 75
Retirement Contribution ........................................................................................ 74
Retirement Coverage ............................................................................................ 53
Revised Probationary Period ................................................................................. 61
Revocation (of Resignation) .................................................................................. 66
Safety Program ..................................................................................................... 80
Salaries .................................................................................................................. 9
Salary Increments Within Range ........................................................................... 11
Salary on Appointment From a Layoff List ............................................................ 13
Salary on Involuntary Demotion ............................................................................ 13
Salary on Promotion .............................................................................................. 13
Salary on Voluntary Demotion ............................................................................... 14
Salary Reallocation and Salary on Reallocation .................................................... 12
Salary Review While on Leave of Absence ........................................................... 49
Scope of Agreement & Separability of Provision ................................................... 92
Scope of Arbitration Decisions and Expedited Board of Adjustments ................... 73
Seniority Credits .................................................................................................... 63
Separability of Provisions ...................................................................................... 92
Separation Through Layoff .................................................................................... 22
Service Awards ..................................................................................................... 84
Shift Differential ..................................................................................................... 20
Shop Stewards and Official Representatives .......................................................... 8
Sick Leave ............................................................................................................. 31
Skelly Requirements ............................................................................................. 68
Social Service Office Stewards ............................................................................... 9
Special Benefits..................................................................................................... 88
Special Employment Lists ..................................................................................... 25
Special Studies/Other Actions ............................................................................... 87
Staffing Allocations & Reassignments ................................................................... 82
Staggered Work Schedule .................................................................................... 17
State Disability ....................................................................................................... 40
Strike/Work Stoppage ........................................................................................... 73
Sufficient Cause for Action (Dismissal, Suspension & Demotion) ........................ 67
Supplemental Life Insurance ................................................................................. 58
SEIU 1021 SLS 2016-2019 MOU Page 5 of 5
Suspension (length of) .......................................................................................... 69
Task Force ............................................................................................................ 87
Time Off to Vote .................................................................................................... 49
Time Reporting/Time Stamping ............................................................................. 19
Training Reimbursement ....................................................................................... 75
Transfer (Salaries) ................................................................................................. 14
Transfer Conditions ............................................................................................... 64
Transfer Policy ...................................................................................................... 65
Transfer Without Examination ............................................................................... 64
Transfer ................................................................................................................. 64
Unauthorized Absence .......................................................................................... 49
Unfair Labor Practice ............................................................................................. 86
Union Dues Form .................................................................................................... 6
Union Notification (Grievance)............................................................................... 74
Union Recognition ................................................................................................... 4
Union Representatives ............................................................................................ 9
Union Security ......................................................................................................... 4
Use of County Buildings .......................................................................................... 7
Vacation Accrual During Leave Without Pay ......................................................... 30
Vacation Accrual Rates ......................................................................................... 29
Vacation Allowance for Separated Employees...................................................... 30
Vacation Allowance ............................................................................................... 28
Vacation Buy Back ................................................................................................ 88
Vacation Leave ...................................................................................................... 28
Vacation Preference .............................................................................................. 31
Voluntary Vision Plan ............................................................................................ 59
Wages .................................................................................................................... 9
Withdrawal of Membership ...................................................................................... 6
Witness Duty ......................................................................................................... 51
Workers’ Compensation and Continuing Pay ........................................................ 38
Workers’ Compensation ........................................................................................ 38
Workforce Reduction ............................................................................................. 21
Workforce Reduction/Layoff/Reassignment .......................................................... 21
Written Statement for New Employees ................................................................... 8