HomeMy WebLinkAboutRESOLUTIONS - 01172017 - 2017/23MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES UNION, LOCAL ONE
JULY 1, 2016 – JUNE 30, 2019
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PUBLIC EMPLOYEES UNION
LOCAL ONE
TABLE OF CONTENTS
SECTION 1 UNION RECOGNITION ...................................................................... 4
SECTION 2 UNION SECURITY
2.1 Dues Deduction .................................................................................. 4
2.2 Agency Shop ....................................................................................... 4
2.3 Dues Form .......................................................................................... 6
2.4 Maintenance of Membership ............................................................... 6
2.5 Withdrawal of Membership ................................................................. 6
2.6 Communicating with Employees ......................................................... 7
2.7 Use of County Buildings ...................................................................... 7
2.8 Advance Notice ................................................................................... 8
2.9 Written Statement for New Employees ............................................... 8
2.10 Assignment of Classes to Bargaining Units ........................................ 8
2.11 Section 18 of 1977-79 MOU ............................................................... 9
SECTION 3 NO DISCRIMINATION/AMERICANS WITH DISABILITIES
ACT (ADA) .......................................................................................... 9
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ...................................................................... 9
4.2 Union-Sponsored Training Programs ................................................ 10
4.3 Union Representatives ...................................................................... 10
SECTION 5 SALARIES
5.1 General Wages ................................................................................. 11
5.2 Entrance Salary ................................................................................ 12
5.3 Anniversary Dates ............................................................................. 12
5.4 Increments Within Range .................................................................. 13
5.5 Part-Time Compensation .................................................................. 13
5.6 Compensation for Portion of Month .................................................. 13
5.7 Position Reclassification ................................................................... 13
5.8 Salary Reallocation & Salary on Reallocation ................................... 14
5.9 Salary on Promotion ......................................................................... 14
5.10 Salary on Involuntary Demotion ........................................................ 15
5.11 Salary on Voluntary Demotion .......................................................... 15
5.12 Salary on Transfer ............................................................................ 15
5.13 Pay for Work in Higher Classification ................................................ 16
5.14 Payment (Pay Warrants) ................................................................... 17
5.15 Salaries & Deferred Compensation................................................... 17
SECTION 6 DAYS AND HOURS OF WORK
6.1 Definitions ......................................................................................... 19
6.2 Automated Time Keeping Implementation ........................................ 20
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6.3 Time Reporting/Time Stamping ........................................................ 20
SECTION 7 OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
7.1 Overtime ........................................................................................... 20
7.2 Overtime Compensatory Time .......................................................... 21
7.3 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 ..................................................................... 23
SECTION 11 WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
11.1 Workforce Reduction ........................................................................ 24
11.2 Separation Through Layoff ............................................................... 25
11.3 Notice ................................................................................................ 28
11.4 Special Employment Lists ................................................................. 28
11.5 Reassignment of Laid Off Employees ............................................... 29
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 Holidays – Full Time Employees in 24-Hour Facilities ...................... 35
12.6 Permanent-Intermittent Employees................................................... 35
SECTION 13 VACATION LEAVE
13.1 Vacation Allowance ........................................................................... 35
13.2 Vacation Leave on Reemployment from a Layoff List....................... 36
13.3 Vacation Accrual Rates ..................................................................... 36
13.4 Bridged Service Time ........................................................................ 39
13.5 Accrual During Leave Without Pay ................................................... 39
13.6 Vacation Allowance for Separated Employees ................................. 39
13.7 Vacation Preference ......................................................................... 39
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave ...................................................................... 39
14.2 Credits to and Charges Against Sick Leave ...................................... 39
14.3 Policies Governing Use of Paid Sick Leave ...................................... 40
14.4 Administration of Sick Leave ............................................................. 42
14.5 Disability ............................................................................................ 44
14.6 Workers’ Compensation .................................................................... 46
14.7 Rehabilitation Program...................................................................... 48
14.8 Accrual During Leave Without Pay ................................................... 48
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SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design ................................................................................ 48
15.2 Operation .......................................................................................... 49
SECTION 16 STATE DISABILITY INSURANCE (SDI)
16.1 General Provisions ............................................................................ 50
16.2 Procedures ........................................................................................ 51
16.3 Method of Integration ........................................................................ 51
16.4 Definition ........................................................................................... 52
SECTION 17 LEAVE OF ABSENCE
17.1 Leave Without Pay ............................................................................ 52
17.2 General Administration – Leaves of Absence ................................... 52
17.3 Furlough Days Without Pay (VTO).................................................... 53
17.4 Military Leave .................................................................................... 53
17.5 Family Care Leave or Medical Leave ................................................ 54
17.6 Certification ....................................................................................... 54
17.7 Intermittent Use of Leave .................................................................. 54
17.8 Aggregate Use for Spouses .............................................................. 54
17.9 Definitions ......................................................................................... 54
17.10 Pregnancy Disability Leave ............................................................... 56
17.11 Group Health Plan Coverage ............................................................ 56
17.12 Leave Without Pay - Use of Accruals ............................................... 56
17.13 Leave of Absence Replacement and Reinstatement ........................ 57
17.14 Leave of Absence Return ................................................................. 57
17.15 Reinstatement from Family Care/ Medical Leave ............................. 57
17.16 Salary Review While on LOA ............................................................ 57
17.17 Unauthorized Absence ...................................................................... 58
17.18 Non-Exclusivity .................................................................................. 58
SECTION 18 JURY DUTY AND WITNESS DUTY
18.1 Jury Duty ........................................................................................... 58
18.2 Witness Duty ..................................................................................... 59
SECTION 19 MEDICAL, DENTAL, & LIFE INSURANCE
19.1 Health Plan Coverages ..................................................................... 59
19.2 Monthly Premium Subsidy ................................................................ 60
19.3 Retirement Coverage ........................................................................ 61
19.4 Health Plan Coverages and Provisions ............................................. 63
19.5 Family Member Eligibility Criteria ...................................................... 64
19.6 Dual Coverage .................................................................................. 65
19.7 Medical Cost-Sharing with Active Employees
on and after July 1, 2016 .................................................................. 65
19.8 Life Insurance Benefit Under Health and Dental Plans ..................... 66
19.9 Supplemental Life Insurance ............................................................ 66
19.10 Health Care Spending Account ......................................................... 67
19.11 PERS Long-Term Care ..................................................................... 67
19.12 Voluntary Vision Plan ........................................................................ 67
19.13 Health Savings Account .................................................................... 67
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19.14 Dependent Care Assistance Program ............................................... 67
19.15 Premium Conversion Plan ................................................................ 67
19.16 Prevailing Section ............................................................................. 68
19.17 Rate Information ............................................................................... 68
19.18 Partial Month ..................................................................................... 68
19.19 Coverage During Absences .............................................................. 68
19.20 Child Care ......................................................................................... 68
19.21 Health Care Oversight Committee .................................................... 68
19.22 Health Benefit Coverage for
Employees Not Otherwise Covered .................................................. 68
SECTION 20 PROBATIONARY PERIOD
20.1 Duration ............................................................................................ 69
20.2 Classes with Probationary Period 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 Release Time for Physical Examination ............................................ 72
21.8 Release Time for Examinations ........................................................ 72
SECTION 22 TRANSFER & REASSIGNMENT
22.1 Transfer Conditions ........................................................................... 72
22.2 Transfer Policy .................................................................................. 73
22.3 Reassignment of Work Location ....................................................... 73
22.4 Reassignment Due to Layoff or Displacement .................................. 73
SECTION 23 RESIGNATIONS
23.1 Resignation in Good Standing .......................................................... 74
23.2 Constructive Resignation .................................................................. 74
23.3 Effective Resignation ........................................................................ 74
23.4 Revocation ........................................................................................ 75
23.5 Coerced Resignations ....................................................................... 75
SECTION 24 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
24.1 Sufficient Cause for Action ................................................................ 75
24.2 Skelly Requirements ......................................................................... 76
24.3 Employee Response ......................................................................... 77
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24.4 Leave Pending Employee Response ................................................ 77
24.5 Length of Suspension ....................................................................... 77
24.6 Procedure on Dismissal, Susp, Reduction in Pay, Demotion............ 77
24.7 Employee Representation Rights ...................................................... 78
SECTION 25 GRIEVANCE PROCEDURE
25.1 Definition and Procedure .................................................................. 78
25.2 Expedited Board of Adjustment (Step 5) ........................................... 80
25.3 Scope of Arbitration Decisions & EBA .............................................. 81
25.4 Time Limits ........................................................................................ 82
25.5 Union Notification .............................................................................. 82
25.6 Compensation Complaints ................................................................ 82
25.7 Strike/Work Stoppage ....................................................................... 82
25.8 Merit Board ....................................................................................... 82
25.9 Filing by Union .................................................................................. 83
SECTION 26 BILINGUAL PAY .............................................................................. 83
SECTION 27 RETIREMENT CONTRIBUTION
27.1 Contribution ....................................................................................... 83
27.2 Retirement Benefit Non-Safety Employees who become
New Members of CCCERA on or After January 1, 2013 .................. 83
SECTION 28 TRAINING REIMBURSEMENT ........................................................ 84
SECTION 29 SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES .. 84
SECTION 30 COMPUTER VISION CARE (CVC) USERS EYE EXAM .................. 85
SECTION 31 PERFORMANCE EVALUATION PROCEDURE .............................. 85
SECTION 32 MILEAGE
32.1 Reimbursement for Use of Personal Vehicle .................................... 87
32.2 Charge for Use of Home Garaged County Vehicle ........................... 87
32.3 Commuter Benefit Program .............................................................. 87
SECTION 33 PAY WARRANT ERRORS ............................................................... 87
SECTION 34 FLEXIBLE STAFFING ...................................................................... 88
SECTION 35 PERSONNEL FILES ......................................................................... 88
SECTION 36 SERVICE AWARDS ......................................................................... 90
SECTION 37 REIMBURSEMENT FOR MEAL EXPENSES ................................... 90
SECTION 38 DETENTION FACILITY MEALS ....................................................... 90
SECTION 39 COMPENSATION FOR LOSS/DAMAGE TO PERSONAL PROP ... 91
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SECTION 40 HARASSMENT ................................................................................. 91
SECTION 41 LENGTH OF SERVICE DEFINITION (Service Awards/Vac Acc)... 91
SECTION 42 PERMANENT PART-TIME EMPLOYEE BENEFITS ........................ 91
SECTION 43 PI EMPLOYEE SPECIAL PAYS AND BENEFITS ........................... 91
SECTION 44 HAZARD PAY ................................................................................... 92
SECTION 45 LUNCH PERIOD ............................................................................... 93
SECTION 46 REST BREAKS ................................................................................ 93
SECTION 47 HEALTH EXAMINATION .................................................................. 93
SECTION 48 TEMPORARY EMPLOYEES ............................................................ 93
48.1 Recognition ....................................................................................... 93
48.2 Emergency Appointments ................................................................. 93
48.3 Employment Conditions .................................................................... 93
48.4 Salary Increments Within Range ...................................................... 95
48.5 Paid Time Off .................................................................................... 95
48.6 Grievance Procedure ........................................................................ 96
48.7 Work Hours ....................................................................................... 96
SECTION 49 ADOPTION ....................................................................................... 98
SECTION 50 SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS
50.1 Scope of Agreement ......................................................................... 98
50.2 Separability of Provisions .................................................................. 98
50.3 Personnel Management Regulations ................................................ 98
50.4 Duration of Agreement ...................................................................... 99
SECTION 51 FAIR LABOR STANDARDS ACT PROVISIONS ............................. 99
SECTION 52 SAFETY IN THE WORKPLACE ....................................................... 99
SECTION 53 UNIT ITEMS
53.1 Agriculture – Animal Services Unit .................................................... 99
53.2 Building Trades Unit ........................................................................ 104
53.3 Community Services Bureau Unit ................................................... 107
53.4 Investigative Unit ............................................................................. 111
53.5 Library Unit ...................................................................................... 111
ATTACHMENTS
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of 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 of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Union is the
recognized representative, have freely exchanged information, opinions and proposals
and have endeavored to reach agreement on all matters relating to the employment
conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of Contra Costa County, and the Contra Costa County Fire Protection
District, as the joint recommendations of the undersigned for salary and employee
benefit adjustments for the term set forth herein.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES UNION
LOCAL ONE
Special provisions and restrictions pertaining to Project employees covered by this
MOU are contained in Attachment C which is attached hereto and made a part hereof.
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 classes.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Human Resources Director.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given class.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his
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.
Per Diem Employment: Per diem employment is any employment that requires the
services of a person on a daily basis, and that person is paid on an hourly basis and
his/her classification has "per diem" in its title. Notwithstanding any other provision of
the MOU, per diem employees are entitled only to an hourly wage and those
special pays identified in Attachment I. No other pays or benefits identified in the
MOU apply to per diem employees.
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DEFINITIONS
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.
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 employment with the County.
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.
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SECTION 1 - UNION RECOGNITION
Union: Local One
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 Board of
Supervisors’ Resolution 81/1165.
Agriculture and Animal Services Unit
Building Trades Unit
Community Services Bureau
Investigative Unit
Library Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 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 deduction for all employees in its
units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non-discriminatory
representation to all employees in all classes in the units for which this section is
applicable regardless of whether they are members of the 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
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SECTION 2 - UNION SECURITY
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 month from the date it is approved and annually thereafter, and
as a condition to any change in the agency shop fee. Failure by an employee to
invoke the 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 Human Resources Director with copies of
the financial report which the Union annually files with the California Public
Employee Relations Board. Such report shall be available to employees in the
unit. Failure to file such a report within sixty (60) days after the end of its fiscal
year shall result in the termination of all agency shop fee deductions without
jeopardy to any employee, until said report is filed, and upon mutual agreement,
this time limit may be extended to one hundred twenty (120) days.
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 card 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
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SECTION 2 - UNION SECURITY
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 following the adoption of this MOU by the
County Board of Supervisors.
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 2.4 and 2.5 shall apply to dues-
paying members of the Union.
2.3 Dues Form. Employees hired on or after October 1, 1981, in classifications
assigned to units represented by the Union shall, as a condition 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 he/she does 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
Service Unit 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/her right to revoke said
authorization.
2.4 Maintenance of Membership. All employees in units represented by the Union
who are currently paying dues to the Union and all employees in such units 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 position to which the employee is assigned, unless
the employee has exercised the option to cease paying dues in accordance with
Section 2.5.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between August 1 and August 31, any employee may withdraw from Union
membership and discontinue paying dues as of the payroll period commencing
September 1discontinuance 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
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SECTION 2 - UNION SECURITY
their authorization for dues deduction. This can only be accomplished if and when
agency shop would be rescinded.
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 official organization
business such as times and places of meetings and further provided that the employee
organization appropriately posts and removes the information. The department head
reserves the right to remove objectionable materials after notification to and discussion
with the Union.
Representatives of the Union, not on County time, shall be permitted to place a supply
of employee literature at specific locations in County buildings if arranged through the
Department Head or designated representative; said representatives may distribute
employee organization literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed method of distribution are
compatible with the work environment and work in progress. Such placement and/or
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.
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.
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SECTION 2 - UNION SECURITY
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 within the scope of representation proposed to be adopted by the Board, or
boards and commissions appointed by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions appointed 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 in any of the bargaining units
represented by the Union, that the employee's classification is represented by the Union
and the name of a representative of the Union. The County will provide the employee
with a packet of information which has been supplied by the Union and approved by the
County. The County shall provide an opportunity for the Union to make a fifteen (15)
minute presentation at the end of the Human Resources Department’s new employee
orientation meetings.
2.10 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Labor Relations
Manager shall review the composition of existing representation units to
determine the appropriateness of including some or all of the employees in the
new class in one or more existing representation units, and within a reasonable
period of time shall notify all recognized employee organizations of his/her
determination.
B. Final Determination. His/her determination is final unless within ten (10) days
after notification a recognized employee organization requests in writing to meet
and confer thereon.
LOCAL NO. 1 -8- 2016-2019
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES
ACT (ADA)
C. Meet and Confer and Other Steps. He/she shall meet and confer with such
requesting organizations (and with other recognized employee organizations
where appropriate) to seek agreement on this matter within sixty (60) days after
the ten (10) day period in Subsection b, unless otherwise mutually agreed.
Thereafter, the procedures in cases of disagreement, arbitration referral and
expenses, and criteria for determination shall conform to Board of Supervisor's
Resolution 81/1165.
2.11 Section 18 of 1977-79 MOU. Section 18 of the 1977-1979 MOU between the
County and Local No. 1 shall be continued for the duration of this MOU and shall be
applicable to all units currently represented by Local No. 1.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
There shall be no discrimination because of sex, race, creed, color, national origin,
sexual orientation or union activities against any employee or applicant for employment
by the County or by anyone employed by the County; and to the extent prohibited by
applicable State and Federal law there shall be no discrimination because of age. There
shall be no discrimination against any disabled person solely because of such disability
unless that disability prevents the person from meeting the minimum standards
established for the position or from carrying out the duties of the position safely.
The Employer and the Union recognize that the Employer has an obligation to
reasonably accommodate disabled employees. If by reason of the aforesaid
requirement the Employer contemplates actions to provide reasonable accommodation
to an individual employee in compliance with the ADA which are in conflict with any
provision of this Agreement, the Union will be advised of such proposed
accommodation. Upon request, the County will meet and confer with the Union on the
impact of such accommodation. If the County and the Union do not reach agreement,
the County may implement the accommodation if required by law without further
negotiations. Nothing in this MOU shall preclude the County from taking actions
necessary to comply with the requirements of ADA.
SECTION 4 - SHOP STEWARDS & 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, including
meetings of the Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of testimony or
other reasons.
LOCAL NO. 1 -9- 2016-2019
SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES
C. If their attendance is required for meetings scheduled at reasonable times
agreeable to all parties, required for settlement of grievances filed pursuant to
Section 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 provided the meetings are scheduled at reasonable times
agreeable to all parties.
E. If they are designated as spokesperson or representative of the Union and as
such make representations or presentations at meetings or hearings on wages,
salaries and working conditions; provided in each case advance arrangements
for time away from the employee's work station or assignment are made with the
appropriate department head, and the County agency calling the meeting is
responsible for determining that the attendance of the particular employee(s) is
required, including meetings of the Board of Supervisors and Retirement Board
where items which are within the scope of representation and involving Local No.
1 are to be discussed.
F. Shop stewards and union officials shall advise, as far in advance as possible,
their immediate supervisor, or his/her designee, of their intent to engage in union
business. All arrangements for release time shall include the location, the
estimated time needed and the general nature of the union business involved
(e.g. grievance meeting, Skelly hearing).
4.2 Union-Sponsored Training Programs. The County shall provide a maximum
of fifty hours (50) per year of release time for union designated stewards or officers to
attend union-sponsored training programs.
Requests for release time shall be provided in writing to the Employee Relations Officer
or his/her designee at least fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each request and notify the affected
employee whether such request is approved within one (1) week of receipt.
4.3 Union Representatives. Official representatives of the Union shall be allowed
time off on County time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Employee
Relations Officer or his/her designee or other management representatives on
matters within the scope of representation, provided that the number of such
representatives shall not exceed the below specified limits without prior approval of the
Employee Relations Officer, and that advance arrangements for the time away from
the work station or assignment are made with the appropriate Department Head.
2
2
2
2
Agriculture and Animal Services
Building Trades
Community Services Bureau
Investigative
Library 2
LOCAL NO. 1 -10- 2016-2019
SECTION 5 – SALARIES
SECTION 5 – SALARIES
5.1 General Wages.
A. Effective 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 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%).
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 ($1000). 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
($1000) by the employee’s approved position hours (for example: $1000 x
(20/40) = $500).
2. Permanent-Intermittent Employees. Permanent-intermittent employees
who meet all the following criteria will be paid a lump sum ratification
payment of two hundred dollars ($200).
Criteria:
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.
3.Temporary and per diem employees are not eligible for the ratification
payment.
4.The employee’s lump sum ratification payment will be subject to the
employee’s required deductions, such as taxes, wage garnishments, and
retirement.
LOCAL NO. 1 -11- 2016-2019
SECTION 5 – SALARIES
5.2 Entrance Salary. Except as otherwise permitted in deep class resolutions, 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 if mutually agreeable guidelines have been developed in advance
or the Human Resources Director offers to meet confer with the Union on a case by
case basis each time prior to formalizing the appointment.
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.
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 & 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. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the County's
merit system at a rate above the minimum salary for the employee's new class,
or who is transferred from another governmental entity to this County's merit
system, is one (1) year from the first day of the calendar month after the calendar
month when the employee was appointed or transferred; provided however,
when the appointment or transfer is effective on the employee's first regularly
scheduled work day of that month, his/her anniversary date is one (1) year after
the first calendar day of that month.
LOCAL NO. 1 -12- 2016-2019
SECTION 5 – SALARIES
5.4 Increments Within Range. The performance of each employee, except those of
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in Section 5.3 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 the
original report is returned.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within range increment be granted at
one time, 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.
5.5 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.
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.
LOCAL NO. 1 -13- 2016-2019
SECTION 5 – SALARIES
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at
the same step in the new salary range the employee was receiving in the range
to which the class was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received
before reallocation to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated from a salary range with more
steps to a salary range with fewer steps on the salary schedule, apart from the
general salary increase or decrease described in Section 5.8.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.
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 -
Salary Reallocation & Salary on Reallocation.
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 – Pay for Work in Higher Classification, 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
LOCAL NO. 1 -14- 2016-2019
SECTION 5 – SALARIES
employee shall be appointed at the step which the employee had formerly attained in
the higher class unless such step results in a decrease in which case the employee is
appointed to the next higher step. If however, the employee is being appointed into a
class allocated to a higher salary range than the class from which the employee was
laid off, the salary will be calculated from the highest step the employee achieved prior
to layoff, or from the employee’s current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.11 - Salary on Voluntary Demotion, shall have his/her salary
reduced to the monthly salary step in the range for the class of position to which he/she
has been demoted next lower than the salary received before demotion. In the event
this decrease is less than five percent (5%), the employee's salary shall be adjusted to
the step in the new range which is five percent (5%) less than the next lower step;
provided, however, that the next step shall not be less than the minimum salary for the
lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
he or she demotes, his or her salary shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, the new salary shall be set at the step next
below former salary.
5.12 Salary on 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 resolutions, the salary of the employee shall be set as provided
in the deep class resolutions 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.
LOCAL NO. 1 -15- 2016-2019
SECTION 5 – SALARIES
5.13 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system or an employee in the Family and Children’s Service Unit is
required to work in a classification for which the compensation is greater than that to
which the employee is regularly assigned, the employee shall receive compensation for
such work at the rate of pay established for the higher classification pursuant to
Subsection 5.9 - Salary on Promotion of this Memorandum, 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. When an 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. Employee 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 promotional procedure provided in this Memorandum.
E. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
F. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later re-approved for the same employee within
one hundred eighty days (180) no additional waiting period will be required.
G. 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.
H. 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.
I. Allowable overtime pay, shift differentials and/or work location differentials will be
paid on the basis of the rate of pay for the higher class.
LOCAL NO. 1 -16- 2016-2019
SECTION 5 – SALARIES
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option of the
employee) 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 the advance shall be made on the prescribed form (form M-208,
revised 5/81) and submitted by the fifteenth (15th) of the month to the department
payroll clerk who will forward the card with the Salary Advance Transmittal/Deviation
Report to the Auditor-Controller payroll section.
Such an election would be effective in the month of the submission and would remain
effective until revoked.
In the case of an election made pursuant to this Section 5.14 – Payment, 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.
5.15 SAL ARIES AND DEFERRED COMPENSATION
A. 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:
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).
LOCAL NO. 1 -17- 2016-2019
SECTION 5 – SALARIES
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.
The County will provide annually 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.
LOCAL NO. 1 -18- 2016-2019
SECTION 6 – DAYS AND HOURS OF WORK
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.
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
LOCAL NO. 1 -19- 2016-2019
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
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. 4/10 Shifts: If the County wants to eliminate any existing 4/10 shift and
substitute a 5/8 shift or to institute a 4/10 shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change of shift assignment),
or change existing work schedules or existing hours of work, it will meet and
confer with the Union prior to implementing said new shift or hours change. This
obligation does not apply where there is an existing system for reassigning
employees to different shifts or different starting/stopping times. Nothing herein
prohibits affected employees and their supervisor from mutually agreeing on a
change in existing hours of work provided other employees are not adversely
impacted.
6.2 Automated Timekeeping Implementation:
The Union agrees to the implementation of an Automated Timekeeping System.
6.3 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.
LOCAL NO. 1 -20- 2016-2019
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
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
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 Overtime Compensatory Time. The following provisions shall apply:
A. Employees may elect to accrue overtime 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. New employees hired after May
31 of each year who become eligible (including those demoted/promoted etc.) for
compensatory time off in accordance with these guidelines must wait until the
next fiscal year to select compensatory time. The employee will become eligible
to elect compensatory time for the following fiscal year as outlined in 7.2.A
above.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2)
times the actual authorized overtime hours worked by the employee.
D. Employees may not accrue a compensatory time off balance that exceeds one
hundred twenty (120) hours (i.e., eighty (80) hours at time and one-half). Once
the maximum balance has been attained, authorized overtime hours will be paid
at the overtime rate. If the employee's balance falls below one hundred twenty
(120) hours, the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee's balance again reaches
one hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the next fiscal
year; however, as provided in D above, accrued compensatory time off balances
may not exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be taken when the employee should be replaced
by another employee who would be eligible to receive, for time worked, either
overtime payment or compensatory time accruals as provided for in this Section.
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SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
This provision may be waived at the discretion of the Department Head or his or
her designee.
G. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's accrued
compensatory time off balance will be carried forward with the employee.
H. Compensatory time accrual balances will be paid off when an employee moves
from one department to another through promotion, demotion or transfer. Said
payoff will be made in accordance with the provisions and salary of the class
from which the employee is promoting, demoting or transferring as set forth in 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, they shall be paid
their accrued hours of compensatory time at the straight time rate of pay
whenever:
1.The employee changes status and is no longer eligible for compensatory
time off.
2.The employee promotes, demotes or transfers to another department.
3.The employee separates from County service.
4.The employee retires.
J. The Office of the County Auditor-Controller will establish timekeeping procedures
to administer this Section.
7.3 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 7.3.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 who receive straight time compensatory time off in lieu of straight
LOCAL NO. 1 -22- 2016-2019
SECTION 8 - CALL BACK TIME PAY
time pay, except as otherwise set forth in this section 7.3, 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 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.
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.
b.The Department Head designates and approves those permanent full-time or
part-time employees who will be assigned to on-call duty.
SECTION 10 - SHIFT DIFFERENTIAL
A. Permanent full-time and permanent part-time employees:
1.Permanent full-time and permanent part-time employees will receive 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.
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SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
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 receive 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.
LOCAL NO. 1 -24- 2016-2019
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
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 Employee Relations Officer or
his/her designee that the Board of Supervisors may take action which will result
in the layoff of employees in a representation unit, the Employee Relations
Officer or his/her designee 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
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SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
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 respec-
tively.
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
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
LOCAL NO. 1 -26- 2016-2019
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
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 two (2) 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.
LOCAL NO. 1 -27- 2016-2019
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
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 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.
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SECTION 12 - HOLIDAYS
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
3rd Monday in January known as Dr. M. L. King, Jr. Day
3rd 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
4th Thursday in November, known as Thanksgiving
The day 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 in the Health Services Department who are assigned to
units or services on a shift operational cycle that includes Saturdays and
Sundays, holidays are observed on the day that the holiday falls
regardless if it is a Saturday or Sunday.
3.For employees who work in twenty-four (24) hour facilities other than in
the Health Services Department and who may be 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.
LOCAL NO. 1 -29- 2016-2019
SECTION 12 - HOLIDAYS
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. 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.
C. 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.
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) or flexible compensatory time in recognition of his/her
regularly scheduled day off.
Those employees covered by this subsection who before March 1, 2010,
moved a holiday that fell on a scheduled day off to the work day preceding
or following the holiday, will be given priority for request for time off on the
day they would have observed the holiday over other requests for time off.
This priority treatment does not apply to scheduled and approved vacation
requests already granted to other employees. Further, the County retains
the right to determine the maximum number of employees who may take
time off work at the same time.
3.Holiday Observed- Full Time Employees Scheduled in Excess of Eight (8)
hours: When a holiday falls on an employee’s regularly scheduled
LOCAL NO. 1 -30- 2016-2019
SECTION 12 - HOLIDAYS
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.
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 on 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
LOCAL NO. 1 -31- 2016-2019
SECTION 12 - HOLIDAYS
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.
Holiday Falls on Regularly Scheduled Day Off of Full-Time Employees on
4/10, 9/80, Flexible, and Alternate Work Schedules: Holiday Worked by
Full-Time Employees on 4/10, 9/80, Flexible: 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
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.
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SECTION 12 - HOLIDAYS
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 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 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.”
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
LOCAL NO. 1 -33- 2016-2019
SECTION 12 - HOLIDAYS
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 or demotion 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 another department, reassignment to a permanent-intermittent
position, or transfer assignment, or promotion or demotion 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.
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SECTION 13 - VACATION LEAVE
12.5 Holidays for Full Time Employees who Work in Twenty-Four (24) Hour
Facilities AND who do NOT Accrue Four (4) Hours per Month of Personal Holiday
Credit:
A. All of the provisions of Section 12 apply to all of the full time employees who work
in twenty-four (24) hour facilities, who do not accrue four (4) hours per month of
personal holiday credit.
B. Additionally, when a holiday falls on the regularly scheduled day off of a full-time
employee who works in a twenty-four (24) hour facility AND who does not accrue
four (4) hours per month of personal holiday credit, the employee’s regularly
scheduled day off moves to the employee’s next scheduled work day.
1.Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled work
day following the holiday, 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 compensation time at the same rate for all hours
worked on that day up to a maximum of eight (8) hours.
2.Employee does NOT work on his/her Next Scheduled Work Day Following
the Holiday: When a full time employee does NOT work on his/her next
scheduled work day following the holiday, the employee is entitled to the
day off, without a reduction in pay, in recognition of his/her regularly
scheduled day off.
The County retains the right to decide whether an employee will work or not work on the
next scheduled work day following a holiday.
12.6 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 5.6
- Compensation for Portion of Month of this MOU. Vacation credits may be taken in one
(1) minute increments and may not be rounded. Vacation 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
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SECTION 13 - VACATION LEAVE
excess of actual accrual at the time vacation is taken.
13.2 Vacation Leave on Reemployment From a Layoff List. Employees with six
months or more service in a permanent position prior to their layoff who are employed
from a layoff list, shall be considered as having completed six months tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate payroll system override actions can be taken.
13.3 Vacation Accrual Rates.
A. Vacation Accruals for Agriculture-Animal Services Unit, Building Trades Unit, and
Community Services Bureau Unit. For employees hired into a class in the
Agriculture-Animal Services Unit, Building Trades Unit, and Community Services
Bureau Unit, the rates at which vacation credits accrue, and the maximum
accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
B. Vacation Accruals for the Investigative Unit and the Library Unit. The following
vacation accruals are for employees in the Investigative Unit and the Library Unit:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
C. Vacation Leave for Library Unit ONLY. The County Library agrees to continue
the present vacation scheduling policy. Vacations in the Library Department are
scheduled by location. Preference of vacation shall be given to employees at that
location according to County service, as reasonably as possible. Vacation
requests will be submitted by employees for the twelve (12) month period, March
1 to February 28. Preference in choices of dates will be given on the basis of
LOCAL NO. 1 -36- 2016-2019
SECTION 13 - VACATION LEAVE
greatest County service of employees submitting vacation requests by February
15, irrespective of employee organization affiliation.
The process shall consist of the employee in the branch (or other work unit
assigned), with most County service making his/her first choice of one
continuous block of time, and continuing to the next most senior employee, until
each employee, on this first round, shall have been assigned his/her first choice
(second or third if more senior employee(s) also requested the dates). This
procedure shall be repeated for the second block of time, with the next most
senior employee who requested at least two blocks of time, having first choice,
from the remaining vacant time slots, and so on, for as many rounds of
assignment as there were blocks of vacation time requested. Completed vacation
schedule will then be posted in the branch or other work unit. Those employees
unable to specify a choice of dates will turn in a vacation request form with no
choices indicated. Subsequent requests can then be made, in writing, at least
two weeks before the requested vacation time. These requests will be granted on
a "first come, first served" basis.
Employees may cancel or reschedule their granted vacation dates. These
cancellations and requests for rescheduling should be made, in writing, at least
two weeks before the canceled or rescheduled vacation time. The rescheduling
will be granted or denied according to same "first come, first served" basis
mentioned above.
All cancellations of previously approved vacation dates will be posted on
Vacation Schedule, and be available to other employees on the basis of seniority
rather than "first come, first served." Upon reassignment, employees take their
approved vacation dates with them to their new location.
D. 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.
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SECTION 13 - VACATION LEAVE
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.
E. 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.
F. 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
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SECTION 14 - SICK LEAVE
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.
13.4 Bridged Service Time. Employees who are rehired and have their service
bridged in accordance with the provisions of this MOU shall accrue vacation in
accordance with the accrual formula for employees hired after September 1, 1979.
However, prior service time which has been bridged shall count toward longevity
accrual.
13.5 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.
13.6 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.
13.7 Vacation Preference. Use of vacation accruals is by mutual agreement
between the employee and the supervisor and preference of vacation shall be given to
employees according to their seniority in their department as reasonably as possible
unless otherwise provided in the supplemental sections of this Agreement.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized; it is
not paid time off which employees may use for personal activities.
14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as prescribed
by County Salary Regulations 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 layoff eligibility.
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SECTION 14 - SICK LEAVE
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of 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:
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 30 days of the start of use of sick leave for
permanent disability.
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SECTION 14 - SICK LEAVE
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 limitations 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 there from 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 pre-scheduled medical and
LOCAL NO. 1 -41- 2016-2019
SECTION 14 - SICK LEAVE
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/she 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. Unless otherwise provided in
the supplemental sections of this MOU, 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 a statement that the absence is due to
a medical condition 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
LOCAL NO. 1 -42- 2016-2019
SECTION 14 - SICK LEAVE
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 regarding the sick leave claim
and duration.
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.
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SECTION 14 - SICK LEAVE
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 employees 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/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.
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SECTION 14 - SICK LEAVE
3.A statement of the basis upon which the action is being taken.
4.A statement that the employee may review the materials upon which the
action is taken.
5.A statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice) to
respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in
writing may place the employee on a temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven
(7) work days to respond to the appointing authority either orally or in writing
before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the order to
the employee either personally or by mail, effective either upon personal delivery
or deposit in the US 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 Human Resources Director to the
Merit Board. Alternatively, the employee may file a written election with the
Human Resources Director 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 Human Resources Director 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.
LOCAL NO. 1 -45- 2016-2019
SECTION 14 - SICK LEAVE
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 union.
14.6 Workers' Compensation. A permanent non-safety employee shall continue to
receive the appropriate percent of regular monthly salary 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, 2008, the percentage of pay for
employees entitled to Workers’ Compensation shall be 75%. If Workers’ Compensation
becomes taxable, the parties shall meet and confer with respect to the salary
continuation and funding of the increased cost.
A. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses any time on the
day of injury, that day counts as day one (1) of the waiting period. If the injured
worker does not lose time on the date of injury, the waiting period will be the first
three (3) calendar days the employee does not work as a result of the injury. The
time the employee is scheduled to work during this waiting period will be charged
to the employee's sick leave and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the disability exceeds fourteen
(14) days.
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 (1) year. Payment of
continuing pay and/or temporary disability compensation is made in accordance
with Part 2, Article 3 of the Workers’ Compensation Laws of California.
LOCAL NO. 1 -46- 2016-2019
SECTION 14 - SICK LEAVE
"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 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.
C. 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.
Whenever an employee who has been injured on the job and has returned to
work is required by an attending physician to leave work for treatment during
working hours the employee shall be allowed time off up to three (3) hours for
such treatment without loss of pay or benefits, provided the employee notifies
his/her supervisor of the appointment at least three (3) working days prior to the
appointment or as soon as the employee becomes aware the appointment has
been made. Said visits are to be scheduled contiguous to either the beginning or
end of the scheduled work day whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the County as work related.
D. If an injured employee remains eligible for temporary disability beyond one year,
applicable salary will continue by integrating sick leave and/or vacation accruals
with Workers' Compensation benefits (vacation charges to be approved by the
department and the employee). If salary integration is no longer available,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
LOCAL NO. 1 -47- 2016-2019
SECTION 15 - CATASTROPHIC LEAVE BANK
E. 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
For Example:
W = $960 per month Workers' Compensation
S = $1667 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 [1 - ($960 ÷ $1,667)]
C = 8 [1 - (.5758)]
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Compensation.
F. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
14.7 Rehabilitation Program. On May 26, 1981, the Board of Supervisors
established a Labor-Management Committee to administer a rehabilitation program for
disabled employees. It is understood that the benefits specified above in this Section 14
shall be coordinated with the rehabilitation program as determined by the Labor-
Management Committee. The Rehabilitation Committee will meet within sixty (60) days
of ratification of this MOU. The County will schedule committee meetings on a quarterly
basis.
14.8 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid military leave shall accrue any sick leave credits during
the time of such leave nor shall an employee who is absent without pay accrue sick
leave credits during the absence.
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
LOCAL NO. 1 -48- 2016-2019
SECTION 15 - CATASTROPHIC LEAVE BANK
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. 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 requester basis.
Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of
sick leave accruals and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must have permanent status, must
have exhausted all time off accruals to a level below eight (8) hours total, have applied
for a medical leave of absence and have medical verification of need.
Donations are irrevocable 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 donation from balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time accounts. Employees who elect to
donate to a specific individual shall have seventy-five percent (75%) of their donation
credited to the individual and twenty-five percent (25%) credited to the Catastrophic
Leave Bank.
Time donated will be converted to a dollar value and the dollar value will be converted
back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All computations will be on a standard
173.33 basis, except that employees on other than a forty (40) hour week will have
hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred twenty
(120) hours per calendar year.
LOCAL NO. 1 -49- 2016-2019
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
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.
No employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awarded benefits. Benefits may be denied, or
awarded for less than six (6) months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose from among eligible applicants,
on an anonymous basis, those who will receive benefits, except for hours donated to a
specific employee. In the event a donation is made to a specific employee and the
committee determines the employee does not meet the Catastrophic Leave Bank
criteria, the donating employee may authorize the hours to be donated to the bank or
returned to the donor’s account. The donating employee will have fourteen (14)
calendar days from notification to submit his/her decision regarding the status of their
donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to the Catastrophic Leave
Bank.
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
16.1 General Provisions.
Contra Costa County participates in the State Disability Insurance (SDI) program,
subject to the rules and procedures established by the State of California. The County
augments the SDI program with its SDI Integration Program. Changes to the State
Disability Insurance program could affect the County’s SDI Integration Program.
Determination of SDI payments and eligibility to receive payments is at the sole
discretion of the State of California. Employees eligible for SDI benefits are required to
apply for SDI benefits and to have those benefits integrated with the use of their sick
leave accruals on the following basis:
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 their SDI
application 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.
LOCAL NO. 1 -50- 2016-2019
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
16.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual
usage with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the department shall automatically use 0.1 hour of sick
leave per month for the duration of their SDI benefit.
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.
16.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick
leave, the employee's sick leave accrual charges while receiving SDI benefits shall be
calculated each month.
The amount of sick leave charged each employee will be calculated in the following
manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to
the daily hours in the employee's schedule and that number of sick leave hours will be
charged against the employee's sick leave accruals.
For purposes of integration with the SDI program, all full-time employees' schedules will
be converted to 8-hour/5-day weekly work schedules during the period of integration.
The formula for full-time employees' sick leave integration charges is shown below:
L = [(S-D) ÷ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Est. Monthly SDI Benefit [D = (W ÷ 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees, and those full-time employees
working a light/limited duty reduced schedule program shall have their sick leave
integration adjusted accordingly.
LOCAL NO. 1 -51- 2016-2019
SECTION 17 - LEAVE OF ABSENCE
16.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is
defined as the salary amount for the employee's step on the salary schedule for the
employee's permanent classification as shown in the "Salary" field on the On-Line
Payroll Time Reporting System used by departments for payroll reporting purposes.
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 leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1.Illness or disability.
2. Pregnancy.
3. Parental.
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 17.5 below.
LOCAL NO. 1 -52- 2016-2019
SECTION 17 - LEAVE OF ABSENCE
E. Whenever an employee who has been granted a leave without any 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, or serious health condition, the decision of the appointing
authority on granting or denying a 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 (VTO). Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without pay
(pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for
any one period. Longer pre-authorized absences without pay are considered leaves of
absence without pay. Employees who take furlough time shall have their compensation
for the portion of the month worked computed in accord with Section 5.6 -
Compensation for Portion of Month of this MOU. Full-time and part-time employees who
take furlough time shall have their vacation, sick leave, floating holiday, and any other
payroll computed accruals computed as though they had worked the furlough time.
When computing vacation, sick leave, floating holiday and other accrual credits for
employees taking furlough time, this provision shall supersede Section 12.1, 13.1, 13.3,
14.2 and 14.8 of this MOU regarding the computation of vacation, sick leave, floating
holiday, and other accrual credits as regards furlough time only. For payroll purposes,
furlough time (absence without pay with prior authorization of the appointing authority)
shall be reported separately from other absences without pay to the Auditor-Controller.
The existing VTO program shall be continued for the life of the contract.
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 service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of emergency shall be granted a leave of absence in
accordance with applicable 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.
LOCAL NO. 1 -53- 2016-2019
SECTION 17 - LEAVE OF ABSENCE
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
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
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 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 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 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.
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.
LOCAL NO. 1 -54- 2016-2019
SECTION 17 - LEAVE OF ABSENCE
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.
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 Family 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.
LOCAL NO. 1 -55- 2016-2019
SECTION 17 - LEAVE OF ABSENCE
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 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 17.5 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 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 or as provided Section 16.3 or 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. A n eligible
employee who files an LTD claim and concurrently takes a leave of absence
LOCAL NO. 1 -56- 2016-2019
SECTION 17 - 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) week
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 - Workforce
Reduction/Layoff/Reassignment shall apply.
17.14 Leave of Absence Return. In the Employment & Human Services Department
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 the leave of absence. At such time the leave
of absence is approved by the Appointing Authority, the Employment & Human Services
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) work days of
leave from the initial date of a continuous leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full-time employee taking an intermittent or
reduced work schedule leave shall be reinstated to the same or comparable position if
the return to work on a full schedule is after no more than seven hundred twenty (720)
hours, including use of accruals, of intermittent or reduced schedule leave. At the time
the original leave is approved, the appointing authority shall notify the employee in
writing of the final date to return to work, or the maximum number 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.
LOCAL NO. 1 -57- 2016-2019
SECTION 18 - JURY DUTY AND WITNESS DUTY
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.
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.
A. When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
B. Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
C. If summoned for jury duty in a Superior, 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.
D. 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.
E. 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.
F. 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
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assignments for those days to enable them to respond to the court on short
notice.
G. 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.
H. 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 allowance or they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
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 – MEDICAL , DENTAL, & LIFE INSURANCE
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:
A. Contra Costa Health Plans (CCHP)
B. Kaiser Permanente Health Plan
C. Health Net
D. Delta Dental
E. DeltaCare (PMI)
Employee Co-pays for these plans are shown on Attachment B.
Medical Plans:
All employees will have access to the following medical plans for the 2016 Plan
Year:
1. CCHP Plan A & Plan B
2. Kaiser Permanente Plan A
3. Health Net HMO Plan A
4. Health Net PPO Plan A
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SECTION 19 – MEDICAL, DENTAL, & LIFE INSURANCE
All employees will have access to the following medical plans beginning in the
2017 Plan Year:
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 & Plan B
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. § 18001 et seq.), 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. For each medical and/or dental plan, the County’s monthly premium subsidy 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
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
The 2-tier premium structure in effect for the 2016 plan year will continue to apply
to eligible retirees until such time as the County implements a 3-tier premium
structure for a majority of all eligible County retirees participating in County health
plans.
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SECTION 19 – MEDICAL, DENTAL, & LIFE INSURANCE
B. If the County contracts with a medical and/or dental plan provider not listed
above, the amount of the premium subsidy that the County will pay to that
medical 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 medical 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 Union will join the Joint
Labor/Management Benefit Committee (“Benefit Committee”) created in 2016
that will 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 Benefit 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 Union
may begin participating in the Benefit Committee following ratification of this
MOU.
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 19.2 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
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SECTION 19 – MEDICAL, DENTAL, & LIFE INSURANCE
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.
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.
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SECTION 19 – MEDICAL, DENTAL, & LIFE INSURANCE
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
retirement.
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
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SECTION 19 – MEDICAL, DENTAL, & LIFE INSURANCE
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:
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 Disabled Child who is:
1) Over age 19,
2 )Unmarried; and,
3)Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
d.Delta Dental Only – 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,
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SECTION 19 – MEDICAL, DENTAL, & LIFE INSURANCE
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.
e.Delta Care Only – Employee’s Child to age 26.
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.
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 parents are
County employees, all of their eligible children may be covered as
dependents of either parent, 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 with Active Employees on and after July 1, 2016.
A. The two-tier premium structure in effect for the 2016 plan year and the medical
plan premium subsidies set forth in 19.2.A., above, will continue until such time
as subsection 19.7.B., below, takes effect.
B. Beginning the month in which active employees begin receiving medical benefits
in a three-tier plan: The County will pay for active employees the monthly
premium subsidy for medical plans stated in subsection 19.2.A., and adjust the
amounts paid by the County for active employees in recognition of the increases
to the Employee Plus Two or More Dependents medical premiums caused by the
shift to a three-tier structure. In total, the County will pay the following amounts
plus any additional amounts in accordance with 19.7.C. below:
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SECTION 19 – MEDICAL, DENTAL, & LIFE INSURANCE
C. Beginning the month in which active employees begin receiving medical benefits
in a three-tier plan, 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 active employee will each pay fifty percent (50%) of the
monthly increase that is above the plan premium amounts for medical plans with
three tiers that are listed in 19.7.D, below. 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 19.7.B., above, for medical plans.
D. Plan Premium Amounts: For purposes of calculating the County and Active
Employee cost-sharing increases described in 19.7.C., above, the following are,
unless otherwise indicated, the 2016 total monthly medical plan premium
amounts for three tiers:
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
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
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 $505.73 $1,016.45 $1,537.18
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 $447.04 $916.72 $1,387.40
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SECTION 19 – MEDICAL, DENTAL, & LIFE INSURANCE
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 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 no earlier than 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 no earlier than 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
LOCAL NO. 1 -67- 2016-2019
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.
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 Care Oversight Committee. The County and the Health Care Oversight
Committee will continue during the duration of this agreement.
19.22 Health Benefit Coverage for Employees Not Otherwise Covered. To access
County health plans, an employee represented by the Association 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. § 18001 et seq.). Employees eligible to receive an offer of coverage
(and qualified dependents), will be offered access to County health insurance plans.
LOCAL NO. 1 -68- 2016-2019
SECTION 20 - PROBATIONARY PERIOD
Employees will be responsible for the full premium cost of coverage. This provision is
not subject to the grievance process.
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 Probationary Period 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:
Agricultural Biologist Trainee (BA7A) - one (1) year
Animal Services Officer (BJWD) - one (1) year
Animal Services Sergeant (BJTD) – one (1) year Child Support
Specialist (SMWF) - one (1) year
Weights & Measures Inspector Trainee (BW7A) - one (1) year
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 date from the time of appointment to a
permanent position after certification from an eligible list. It shall not include time served
under provisional appointment or under appointment to limited term positions or any
period of continuous leave of absence without pay or period of work connected disability
exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent positions with a nine (9)
month probation period, probation will be considered completed upon serving fifteen
hundred (1500) 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
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SECTION 20 - PROBATIONARY PERIOD
the probationary period based on political, or religious or union activities, or race,
color, national origin, sex, age, disability, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth 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 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.
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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 of 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 six (6)
months.
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.
LOCAL NO. 1 -71- 2016-2019
SECTION 22 - TRANSFER & REASSIGNMENT
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 per-
manent 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 (70) percent 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 Release Time for 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 the County’s expense.
21.8 Release Time for Examinations. Permanent employees will be granted
reasonable time from work without loss of pay to take County examinations or to go to
interviews for a County position provided the employees give the Department sufficient
notice of the need for time off. “Reasonable” release time shall include time for travel
and interviewing/testing.
SECTION 22 - TRANSFER & REASSIGNMENT
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.
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SECTION 22 - TRANSFER & REASSIGNMENT
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 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.
22.3 Reassignment of Work Location. Employees desirous of reassignment to a
position in the same classification at another work location shall submit a request for
reassignment in writing to the Department Head. When openings occur in various work
locations, requests for reassignment will be reviewed with consideration given to various
factors including but not limited to distance of employee's residence from desired work
location and relative length of service of the applicants for a particular location. The
Department Head or designated representative shall make the sole determination as to
assignment of personnel, except as otherwise provided in the supplemental sections of
this MOU. This provision applies to intradepartmental reassignments only.
This provision for work location reassignments applies only to the following units:
Agriculture Unit (excluding the Weights and Measures Division) and Library Unit.
Section 22.3 also applies to the Community Services Bureau Unit in conjunction
with Section 53.3.F.
22.4 Reassignment Due to Layoff or Displacement. When reassignment of an
employee or employees is necessary due to layoff or displacement, the following
procedures shall be followed:
A. A list of vacant positions shall be posted in work areas of all affected employees
for a minimum of five (5) work days.
B. Employees shall be given the opportunity to volunteer for vacancies and shall be
reassigned on the basis of seniority.
C. If there are no volunteers for reassignment, the least senior employee(s) in that
class shall be reassigned.
D. Management shall have the sole prerogative to select the vacancy to which the
least senior employee(s) shall be reassigned.
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SECTION 23 - RESIGNATIONS
Seniority for reassignment purposes shall be defined as (in Section II, Layoff)
seniority within classification. If reduction or reassignment by site is necessary,
the least senior employee in the affected class at the site shall be reassigned. If
reduction or reassignment is necessary by shift, the least senior employee in the
affected class assigned to the affected shift shall be reassigned. Nothing
contained in this Section shall prohibit a Department and the Union from making
a mutually agreed upon alternative arrangement.
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
appointing authority requires a longer period of notice, 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 work days have elapsed since the County mailed 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 on that date or another date specified. An employee
who resigns without advance notice as set forth in Section 23.1, may seek recession of
the resignation and reinstatement by delivering an appeal in writing to the Human
Resources not later than close of business on the third (3rd) calendar day after the
resignation is effective. Within five (5) work days of receipt of the appeal, the Human
Resources Director shall consider the appeal and render a final and binding decision
including, if applicable, the date of reinstatement.
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SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
23.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and 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 to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee
could have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day following the appointing
authority's acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal 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 of the MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the resignation
was coerced, the resignation shall be deemed revoked and the employee
returned to duty effective on the day following the decision but without loss of
seniority or pay, subject to the employee's duty to mitigate damages.
SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
24.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in pay
may not exceed five percent (5%) for a three (3) month period. The following are
sufficient causes for such action; the list is indicative rather than inclusive of restrictions
and dismissal, suspension or demotion may be based on reasons other than those
specifically mentioned:
A. Absence without leave.
B. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the merit system into disrepute.
D. Disorderly or immoral conduct.
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SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
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.
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 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.
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SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
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.
24.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during an extension, the right to respond is lost.
24.4 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
24.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
24.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or
Demotion.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or
demote an employee 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.
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SECTION 25 - GRIEVANCE PROCEDURE
B. Service of Order. Said order of dismissal, suspension, temporary reduction in
pay, or demotion shall be filed with the Director of Human Resources, showing
by whom and the date a copy was served upon the employee to be dismissed,
suspended, temporarily reduced in pay, or demoted, either personally or by
certified mail to the employee's last known mailing address. The order shall be
effective either upon personal service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, temporary reduction in pay, or demotion 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.
24.7 Employee Representation Rights. The County recognizes an employee’s right
to representation during an investigatory interview or meeting which 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 all 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
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 24.6 –
Procedure on Dismissal, Suspension, or 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.
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SECTION 25 - GRIEVANCE PROCEDURE
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 twenty (20) workdays of
the date of 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
LOCAL NO. 1 -79- 2016-2019
SECTION 25 - GRIEVANCE PROCEDURE
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 Public
Employees Union, Local One, 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 Union 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 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 will serve a six (6) month term so that Board member terms are
staggered.
B. The County and the Union (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
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SECTION 25 - GRIEVANCE PROCEDURE
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
Labor Relations 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.
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
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SECTION 25 - GRIEVANCE PROCEDURE
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 Union Notification. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Union, but is not represented by
the Union in the grievance, shall give the Union a copy of the formal presentation.
25.6 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.
25.7 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, sick-out, or refusal to perform
customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises his or her supervisor as soon as
possible, and provided further that an employee may be required to cross a picket line
where the performance of his or her duties is of an emergency nature and/or failure to
perform such duties might cause or aggravate a danger to public health or safety.
25.8 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 Subsection 25.1 - Definition and Procedure
and Step 5 of Subsection 25.2 - Step 5-Expedited Board of Adjustment 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.
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SECTION 26 - BILINGUAL PAY
25.9 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.
SECTION 26 - BILINGUAL PAY
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 paid to eligible employees in
paid status for any portion of a given month. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the County. The Union shall be notified
when such designations are made. Effective January 1, 2007, the 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 without the County paying any part of the
employees’ contribution. 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. 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.
LOCAL NO. 1 -83- 2016-2019
SECTION 28 - TRAINING REIMBURSEMENT
SECTION 28 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall govern reimbursement for training
and shall limit reimbursement for career development training to seven hundred fifty
dollars ($750) per year, except as otherwise provided in the supplemental sections of
this MOU. 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.
SECTION 29 - SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES
For each two year period starting January 1, 2016, eligible employees will be allowed
reimbursement for the purchase and repair of safety shoes, and the purchase of toe
guards, replacement footbeds, or soles, up to a maximum of two hundred and seventy-
five dollars ($275). There is no limitation on the number of shoes, toe guards, or soles,
or number of repairs allowed.
The County will provide those employees currently eligible for safety shoe allowance
with two (2) methods for purchasing safety shoes:
A. Reimbursement for the purchase and repair of safety shoes up to the maximum
amount stated above for each two (2) year period.
B. Voucher obtained from the eligible employees’ Department for an identified
vendor for the purchase of safety shoes up to the maximum amount stated above
for each two (2) year period.
C. The County agrees to provide a second vendor for the purchase of safety shoes.
The County will endeavor to secure Red Wings as the second vendor and to
identify two locations where the shoes may be obtained by voucher.
The eligible employee will inform his/her Department’s accounting section of the desired
method for purchasing safety shoes at the beginning of each calendar year.
When an employee is assigned a job task that requires additional or different safety
shoes, the purchase will be approved by their supervisor and the shoes will be provided
or reimbursed through their department purchasing/accounting processes. The use of
the safety shoe allowance will not limit the provision of additional required and approved
safety shoes.
The County will reimburse eligible employees for prescription safety eyeglasses which
are approved by the County and are obtained from such establishment as required by
the County.
LOCAL NO. 1 -84- 2016-2019
SECTION 30 - COMPUTER VISION CARE (CVC) USERS EYE EXAM
The maximum safety eyewear reimbursable limits for lenses will not exceed a total of
fifty dollars ($50) and the maximum reimbursement for frames will not exceed a total of
sixty dollars ($60).
Additionally, the County will modify the current contract with Vendor to allow employees
to upgrade to Featherwate Lens Types (High Impact). Any additional cost for current
contract upgrades or Featherwate lens types (High Impact) upgrades that exceeds the
County allowance as noted above will be borne by the employee.
Eligible employee is defined as an employee requiring safety shoes and/or prescription
safety eyeglasses to protect them from job task and/or environment hazards that cannot
be controlled through engineering or administrative processes. When this is the case,
personal protective equipment (PPE) is required and provided to the employee by the
County, per Safety Orders and Administrative Bulletin No. 513.
SECTION 30 - COMPUTER VISION CARE (CVC) USERS EYE EXAM
Employees in the Library Unit and Investigative Unit shall be eligible to receive an
annual eye examination on County time and at County expense in accordance with the
following conditions:
A. Eligible employees must use a video display terminal at least an average of two
hours per day as certified by their department.
B. Eligible employees who wish an eye examination under this program should
request it through the County Human Resources Department, Benefits Division.
C. Should prescription glasses be prescribed for an employee following an eye
examination, the County agrees to provide, at no cost, basic eye wear consisting
of a fifty ($50) dollar frame and single, bifocal, or trifocal lenses. Employees
may, through individual arrangement between the employee and the employees’
doctor, and solely at the employee's expense, include blended lenses and other
care, services or materials not covered by the plan.
SECTION 31 - PERFORMANCE EVALUATION PROCEDURE
The following procedures shall apply in those departments which already have a formal
written performance evaluation system. Nothing herein shall be construed to require
the establishment of such a system where it does not currently exist.
A. Goal: A basic goal of the employee evaluation is to help each employee perform
his/her job more effectively to the mutual benefit of the employee and the County.
The evaluation process provides an ongoing means of evaluating an employee's
job performance and promoting the improvement of the job performance.
LOCAL NO. 1 -85- 2016-2019
SECTION 31 - PERFORMANCE EVALUATION PROCEDURE
The evaluation process also provides the opportunity to recognize and document
outstanding service as well as service that has been unsatisfactory to the
County.
B. Frequency of Evaluation.
1.Probationary employees shall be evaluated at least once during their
probationary period.
2.Permanent employees may be evaluated every year.
C. Procedure.
1.An employee shall generally be evaluated by the first level management
supervisor above the employee.
2.It will be necessary in some cases for a supervisor to consult with the
employee's immediate work director in order to make a comprehensive
evaluation.
3.Where feasible, evaluations will be based primarily on observation by the
evaluator of the employee in the performance of his/her duties. Comments
based on secondary information shall have supportive documentation.
4.An employee will be informed in advance of a meeting with his/her
supervisor to discuss the employee's evaluation and to put the evaluation
in writing on the department evaluation forms.
5.The employee shall be informed of his/her right to prepare and have
attached to the evaluation form any written comments which the employee
wishes to make.
6.When an employee is rated below satisfactory on any factor, the
evaluation will give the reasons for such rating and include specific
recommendations for improvement in writing.
7.The employee's signing of an evaluation form does not necessarily mean
that the employee agrees with the evaluation but it does mean that the
employee has had an opportunity to discuss the evaluation with his/her
evaluator.
8.The employee will be given a copy of his/her completed evaluation form at
the time form is signed by the employee. (Confirmation of final version to
be received later.)
9.Any rating below average or unsatisfactory shall be supported by written
documentation received by the employee at the time the incident(s)
occurred.
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SECTION 32 - MILEAGE
10.Nothing shall be added by management to an evaluation after the
employee has signed and received a copy of the evaluation without the
employee’s written acknowledgment.
Failure to follow the foregoing procedure is subject to the grievance procedure.
However, disputes over the actual content or ratings themselves in individual
evaluations are not grievable, but may be mediated by the Employee Relations Officer
or designee upon request of either the employee or the Department. Prior to being
mediated by the Employee Relations Officer or designee either party may request fact
finding to assist in the resolution of the dispute. One (1) fact finder shall be selected by
each party to the dispute within ten (10) work days from the initial request for fact
finding. The fact finders shall have twenty (20) work days from notice of selection to
investigate and render opinions to the Employee Relations Officer or designee.
SECTION 32 - MILEAGE
32.1 Reimbursement for Use of Personal Vehicle. Procedures and definitions
relative to mileage reimbursement will be in accordance with the Administrative Bulletin
No. 204 on Expense Reimbursement.
32.2 Charge For Use of Home Garaged County Vehicle. Employees hired after
July 1, 1994 who are assigned vehicles to garage at home will be charged the IRS
mileage rate for all commute miles driven outside the limits of Contra Costa County that
exceed thirty (30) miles round-trip in any one day.
32.3 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 33 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the time the Department is made
aware of and verifies that the pay warrant is in error. If the pay warrant error has
occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the
employee who is receiving the pay, the error will be corrected as soon as possible from
the time the department is made aware that pay warrant is in error.
LOCAL NO. 1 -87- 2016-2019
SECTION 34 - FLEXIBLE STAFFING
Pay errors in employee pay shall be corrected as soon as possible as to current pay
rate but that no recovery of either overpayments or underpayments to an employee
shall be made retroactively except for the six (6) month period immediately preceding
discovery of the pay error. This provision shall apply regardless of whether the error
was made by the employee, the appointing authority or designee, the Director of Human
Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently
accrued over or underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and proposed repayment
schedule, 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.
If requested by the employee, a Union representative may be present at a meeting with
management to discuss a repayment schedule in the case of overpayments to the
employee.
SECTION 34 - FLEXIBLE STAFFING
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 or she may then be promoted to the next
higher classification within the job series without need of a classification study. If an
operating department verifies in writing that an administrative or clerical error was made
in failing to submit the documents needed to promote an employee on the first of the
month when eligible, said appointment shall be made retroactive to the first of the month
when eligible. An employee who is denied a promotion to a flexibly staffed position may
appeal such denial to the Merit Board.
SECTION 35 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel file in the Human
Resources Department or in the employee's personnel file in their Department. The
employee’s union representative, with written authorization by the employee, shall also
have the right to inspect and review any official record(s) described above. The contents
of such records shall be made available to the employee and/or the employee’s union
representative, for inspection and review at reasonable intervals during the regular
business hours of the County. Employees shall be permitted to review their personnel
files at the Personnel office during their working 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 the employee’s review. The
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SECTION 35 - PERSONNEL FILES
custodian of records will certify that the copy is a true and correct copy of the original
file.
The County shall provide an opportunity for the employee to respond in writing to any
information which is in the employee’s personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record. The
employee shall be responsible for providing the written responses to be included as part
of the employee's official personnel file. This section does not apply to the records of an
employee relating to the investigation of a possible criminal offense, medical records
and information or letters of reference.
Counseling memos, which are not disciplinary in nature, are to be retained in the file
maintained by the employee's supervisor or the person who issued the counseling
memo and are not to be transferred to the employee's central file which is normally
retained by the Human Resources Department unless such memos are subsequently
used in conjunction with a disciplinary action such as a letter of reprimand.
All documents pertaining to disciplinary actions shall be placed in the employee's official
personnel file within five (5) work days after the time management becomes aware of
the incident and has completed its investigation as to whether the employee is culpable
and shall be date stamped or dated at time of entry. This section is not intended to
include supervisor's notes or reminders of specific incidents or ongoing reports such as
attendance records. Generally, such investigations should be completed within thirty
(30) calendar days of the date management becomes aware of the incident(s), it being
understood that under certain circumstances such as the unavailability of witnesses or
the possibility of a criminal act having been committed may cause the investigation to
take longer than the aforementioned thirty (30) days.
Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory
performance which are to be placed in the employee's personnel file shall be given to
an employee who shall have the right to respond in writing to said documents.
Letters of reprimand are subject to the grievance procedure but shall not be processed
past Step 3 unless said letters are used in a subsequent discharge, suspension or
demotion of the employee, in which case an appeal of the letters of reprimand may be
considered at the same time as the appeal of the disciplinary action. Prior to being
submitted to Step 3 of the grievance procedure, either party may request fact finding to
assist in the resolution of the dispute. One (1) fact finder shall be selected by each party
to the dispute within ten (10) work days from the initial request for fact finding. The fact
finder shall have twenty (20) work days from notice of selection to investigate and
render opinions to the Director of Human Resources.
Copies of letters of commendation which are to be placed in the employee's personnel
file will be given to the employee. Employees have the right to review their official
personnel files which are maintained in the Human Resources Department or by their
departments. In a case involving a grievance or disciplinary action, the employee's
designated representative may also review his/her personnel file with specific written
authorization from the employee. The County shall supply the Union with lists of official
LOCAL NO. 1 -89- 2016-2019
SECTION 36 - SERVICE AWARDS
personnel files and locations. Derogatory material in an employee's personnel file over
two years old will not be used in a subsequent disciplinary action unless directly related
to the action upon which the discipline is taken. Derogatory material does not include
prior suspensions, demotions or dismissals for cause.
SECTION 36 - SERVICE AWARDS
Procedures and definitions relative to Service Awards shall be in accordance with
Administrative Bulletin No. 410 - Service Recognitions and Awards.
SECTION 37 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
A. When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
B. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment.
C. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, and speakers
or honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or more hours of overtime or
scheduled to work overtime with less than twenty-four (24) hours notice; in this
case he or she may be reimbursed in accordance with the Administrative Bulletin
on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at twenty-four (24) hour institutions.
SECTION 38 - DETENTION FACILITY MEALS
The charge for a meal purchased in a detention facility by employees represented by
Local No. 1 is one dollar ($1.00) per meal. Employees assigned to a detention facility
are not, however, required to purchase a meal.
LOCAL NO. 1 -90- 2016-2019
SECTION 39 - COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
SECTION 39 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
Claims for reimbursement must be processed in accordance with the Administrative
Bulletin No. 518 - Compensation for Loss or Damage to Personal Property.
SECTION 40 - HARASSMENT
Harassment is any treatment of an employee which 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. Such conduct includes but is not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual nature;
arbitrary or capricious changes of assignments, or display of a hostile attitude toward an
employee by a supervisor which is not justified or necessary in the proper supervision of
the work of the employee.
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 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 department.
SECTION 42 - 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 43 - PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS &
BENEFITS
A. Permanent-intermittent employees are eligible for prorated vacation and sick
leave benefits.
LOCAL NO. 1 -91- 2016-2019
SECTION 44 - HAZARD PAY
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 D. 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
D, then the special pay or benefit does not apply to permanent-intermittent
employees.
SECTION 44 - HAZARD PAY
Hazard pay is calculated at five percent (5%) of the hourly equivalent of the employee’s
base rate of pay for each hour that qualifies for hazard pay. Permanent full-time and
part-time, permanent intermittent, and temporary employees in the Building Trades Unit
and Library Unit will be paid hazard pay for those hours worked in the following
organizational units:
Org.# Org. Name
0451 Conservatorship
2490 Inmate Library Services
2575 Detention Transportation
2577 County Parole Program
2578 Martinez Detention
2580 West County Detention
2585 Marsh Creek Detention
2588 AB109 Program
5700 Martinez Detention Infirmary
5701 West County Detention Infirmary
5702 Juvenile Hall Nursing
5710 Detention Mental Health Martinez
5711 Detention Mental Health West County
5951 Youth Mental Health
5974 West County Adult Mental Health
6313 Psychiatric Unit
6381 Psychiatric Emergency
6383 Emergency
6553 Hospital Admission Martinez
6570 Outpatient Registration
Employees eligible to receive a Detention Facility Assignment Pay in Section 53 - Unit
Items of this M.O.U. are not eligible to receive hazard pay under this Section.
LOCAL NO. 1 -92- 2016-2019
SECTION 45 - LUNCH PERIOD
SECTION 45 - LUNCH PERIOD
Employees who are in a pay status during their lunch are on call during their lunch
period. Employees who are not in a pay status during their lunch are on their own time
during their lunch period.
SECTION 46 - REST BREAKS
Employees shall be entitled to a rest break for each four (4) hours of work. Scheduling
of rest breaks shall be determined by management.
SECTION 47 - HEALTH EXAMINATION
Employees of the County who work in a Health Services Department facility will
annually be required to complete a Health Questionnaire and take a Tuberculosis Skin
Test. In the event that an employee had a positive reaction to a Tuberculosis Skin Test,
said employee will be requested to show proof of having had two (2) negative chest x-
rays at least one year apart.
SECTION 48 - TEMPORARY EMPLOYEES
48.1 Recognition. Public Employees Union, Local One 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 classifications covered by the Memorandum of Understanding between
Public Employees Union, Local One and Contra Costa County.
48.2 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 Memorandum of
Understanding.
48.3 Employment Conditions.
A. Agency Shop.
1.All covered temporary employees, as specified in Section 48.1 above,
shall either:
a.Become and remain a member of the Union and pay dues in an
amount that does not exceed an amount that may be lawfully
collected under applicable constitutional, statutory, or case law
authority as determined by the Union ; or
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SECTION 48 - TEMPORARY EMPLOYEES
b.Pay to the Union an agency shop fee in an amount of member dues
specified in Section 48.3.A.1.a above; or
c.Do both of the following:
i.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
ii.Pay a sum equal to the agency shop service fee specified in
Section 48.3.A.1.b above to a non-religious, non-labor
charitable fund chosen by the employee from those listed in
the Memorandum of Understanding between Public
Employees Union, Local One and Contra Costa County.
2.No initiation fee or special assessments shall be required of these
employees.
3.The amount of the agency shop service fee shall not exceed the amount
specified in 48.3.A.1.b., above. The Union agrees to refund to the
employee any excess amount deducted from a temporary employee’s
pay. The timing and method of refund shall be the sole responsibility of
the Union.
4.This agency shop service fee provision shall be effective on the June 10,
1987 payroll.
B. Agency Shop Deductions.
1.A current temporary employee or a new temporary employee hired into a
job class represented by Local 1 shall be provided with an “Employee
Authorization For Payroll Deduction” form by the Human Resources
Department. Said employee shall have thirty (30) calendar days to fully
execute the authorization card of his/her choice and return said form to the
County Personnel Department.
2.If the form is not returned within thirty (30) calendar days, or if the Union
reports that an agency shop fee has not been paid, the employee will be
subject to his/her temporary appointment being ended by the Director of
Human Resources.
3.The Union shall indemnify, defend and hold the County harmless against
any and all claims, demands, suits, orders, or judgements, 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.
LOCAL NO. 1 -94- 2016-2019
SECTION 48 - TEMPORARY EMPLOYEES
4.The authorization of payroll deductions described in Section 48.3.B.1
above shall require the employee to agree to hold the County harmless
from all claims, demands, suits or other forms of liability that may arise
against the County for or on account of any deduction made from the
wages of such employee.
48.4 Salary Increments Within Range.
a.Increment Eligibility and Salary Review. All temporary employees shall
begin accumulating 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 this 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 2080 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 monthly following completion of 2080
straight time hours worked and return of the salary review report to the
Human Resources Department.
d.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.
Temporary employees hired at step 1 of the salary range for their
classification will be eligible for a salary review as described in Section
48.4.a above after completion of 1040 straight time hours worked;
additional salary reviews will be after the cumulation of an additional
2080 straight time hours as described in Section 48.4.b above.
e.No provision of this section shall be construed to make the granting of
salary increments mandatory in the County.
48.5 Paid Time Off.
a.Temporary employees shall begin accumulating a record of straight time
hours worked.
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SECTION 48 - TEMPORARY EMPLOYEES
b.Based upon the accumulation of straight time hours recorded (Section
48.5.a above), effective the first of the month following completion of each
2080 straight time hours worked, the temporary 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” (Section 48.5.b
above) 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 (Section 48.5.b above) 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 2080 straight time hours worked (STHW)
cumulation. The formula for the earned but not credited payoff is: STHW
divided by 2080 multiplied by 40 multiplied by the current hourly pay rate
at separation.
48.6. Grievance Procedure. Temporary employees covered by this Memorandum of
Understanding may grieve only alleged violations of the specific terms and
conditions specified in this Section.
48.7 Work Hours.
A. Temporary Employees. Temporary employees hired 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.
Nothing in this section shall preclude a department from terminating a temporary
prior to the temporary reaching the maximum hours allowable.
Temporary appointments to fill vacancies resulting from leaves of absence
(i.e., maternity leaves, medical leaves, Workers’ Compensation),
temporary assignments for pre-specified periods and short-term, specified
seasonal work, are excluded.
Nothing in this agreement precludes the parties from meeting and conferring over
future exceptions.
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.
LOCAL NO. 1 -96- 2016-2019
SECTION 48 - TEMPORARY EMPLOYEES
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 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
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SECTION 49 - ADOPTION
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.
G. 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.
H. 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 E. 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 E, then it does not apply
to temporary employees.
SECTION 49 - 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 50 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS
50.1 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.
50.2 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.
50.3 Personnel Management Regulations. Where a specific provision contained in
a section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. Those
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SECTION 51 - FAIR LABOR STANDARDS ACT PROVISIONS
provisions of the Personnel Management Regulations within the scope of representation
which are not in conflict with the provisions of this MOU and those provisions of the
Personnel Management Regulations which are not within the scope of representation
shall be considered in full force and effect.
50.4 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.
SECTION 51 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amended, may govern certain terms and conditions of
the employment f employees covered by this MOU. It is anticipated that compliance with
the Act may require changes in some of the County policies and practices currently in
effect or agreed upon. If it is determined by the County that certain working conditions,
including but not limited to work schedules, hours of work, method of computing
overtime, overtime pay and compensatory time off entitlements or use, must be
changed to conform with the Fair Labor Standards Act, such terms and conditions of
employment shall not be controlled by this MOU but shall be subject to modification by
the County to conform to the federal law, without further meeting and conferring. The
County shall notify the Union (employee organizations) and will meet and confer with
said organization regarding the implementation of such modifications.
SECTION 52 – SAFETY IN THE WORKPLACE
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient operations.
Departments without a Safety Committee shall establish a committee within ninety (90)
days of the effective date of this agreement. The Union shall appoint all labor
representatives to the Committee. All Safety Committees shall schedule their meetings.
SECTION 53- UNIT ITEMS
Specific working conditions for the various units represented by the Union are listed in
Sections 53.1 through 53.5.
53.1 Agriculture - Animal Services Unit
A. Department of Agriculture Personnel
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1.As circumstances dictate, the Safety Committee for the Department of
Agriculture will remain in effect and will continue to be constituted as follows: One
(1) Agricultural Biologist, one (1) Weights & Measures Inspector and one (1) Pest
Detection Specialist and appropriate management representatives.
2.Permanent employees in the classifications of Agricultural Biologist II, and
Agricultural Biologist/Weights & Measures Inspector III who possess a valid
license as a Deputy Agricultural Commissioner shall receive a salary differential
of three and one-half percent (3 ½%) of base pay. Employees who have both the
Deputy Agricultural Commissioner license and a Deputy Sealer of Weights and
Measures license will only be eligible for one three and one-half percent (3 ½%)
salary differential.
3.In recognition of the fact that they work full-time for a significant portion of each
year, Permanent-Intermittent employees in the classes of Lead Pest Detection
Specialist – Project (B9T1), Pest Detection Specialist-Project (B9W1) and
Glassy-Winged Sharpshooter Specialist – Project (B9W3) shall be paid for eight
(8) hours on any recognized County holiday that occurs in a month where they
are in a pay status for eight (8) hours on each work day in that month. In those
months in which the employees are continuously employed, both at the
beginning and the end of the month, but are not in a pay status for eight (8) hours
on each work day, they shall be paid a pro rata share of the eight (8) hours
holiday pay based on the portion of the work hours in the month that they were in
a pay status.
4.Permanent employees in the classification of Weights & Measures Inspector II,
Weights & Measures Inspector III and Agricultural Biologist/Weights & Measures
Inspector III who possess a valid license as a Deputy Sealer of Weights and
Measures, shall receive a salary differential of three and one-half percent (3 ½%)
of base pay. Employees who have both the Deputy Agricultural Commissioner
license and a Deputy Sealer of Weights and Measures license will only be
eligible for one three and one-half percent (3 ½%) salary differential.
5.Two (2) employees, as designated by the Department in the classification of
Weights & Measures Inspector II or Agricultural Biologist/Weights & Measures
Inspector III shall receive a two and one-half percent (2.5%) differential of base
pay for operating specialized large capacity inspection equipment. A Class “A”
California Driver’s license with a Hazardous Materials Endorsement is required
for this differential.
6.Pest Surveillance Canine Inspection Program.
Handler Compensation for Home Kenneling: Canine Handlers in
the Pest Surveillance Canine Inspection Team will be paid for daily
canine core care of home kenneled canines at the rate of $8.06 per
day per canine kenneled in the Handler’s home. “Canine core care” is
the general daily maintenance care of the canine, including providing
water, feeding, maintenance level exercising, and providing a safe
environment for the canine. Canine core care also includes basic
maintenance of the home kennel such as cleaning and sanitizing.
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a.
SECTION 53 - UNIT ITEMS
This compensable off-duty canine core care for canine handlers that
home kennel is estimated to be not more than 30 minutes per day.
The Canine Handler compensation will be suspended on a day by
day basis during those times that the canine is not home kenneled with
the Canine Handler due to the Canine Handlers’ vacation, leave of
absence or illness that involves the Department making alternative
arrangements for the care of the canine. Under such circumstances,
an alternative canine handler may home kennel and provide the daily
canine core care of the other canine for the period of time that the
other canine handler is unavailable. The Canine Handler accepting
the additional responsibility will retain the $8.06 daily canine care
compensation for their duties with the primary canine and will also
receive the daily canine care compensation of $8.06 for the second
canine that is under their care at a home kennel.
Canine Handlers will also be eligible for paid overtime for emergency
off-duty canine care (which is over and beyond ordinary canine
care), provided the Canine Handler reports such occurrence in
writing to his or her supervisor as soon as possible, and no later
than the first shift worked after the emergency occurrence.
Should the off-duty canine care compensation be increased for the
canine officers in the Deputy Sheriff’s Association, the Agricultural
Pest Surveillance Canine Program will increase the off-duty canine care
compensation by the same amount.
Home Kennel Funding: A home kennel must meet the
specifications of the Department. The Department will provide
funding for the home kennel, provided the Department has pre-
approved the cost and design of said kennel.
The County will pursue new and increased California Department of Food
and Agriculture grants to support transition of employees from permanent
intermittent classifications to permanent classifications.
Animal Services Personnel
1. Letters of commendation received by the Department shall be placed in
the individual employee file.
2. Duffel Bag. The Animal Services Department agrees to provide all
Animal Services Officers and Animal Services Sergeants with a duffel/
equipment bag for equipment. These bags will be the property of the Animal
Services Department and labeled as such.
3. Uniforms. The uniform allowance for employees in the classification of
Animal Services Officer and Animal Services Sergeant shall be $800.00
per year. Uniforms must be maintained at a standard acceptable to the
department. If an increase in the uniform allowance is subsequently approved
for Deputy Sheriffs,
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b.
B.
7.
SECTION 53 - UNIT ITEMS
Animal Services Officers and Animal Services Sergeants shall receive
an increase equal to that received by Deputy Sheriffs.
4.The Animal Services Officers and Sergeants shall follow the dress code
in Chapter 3 of the Officers Field Service Manual.
5.Raingear/Outerwear. The Animal Services Department agrees to provide
Kennel staff with raingear as needed for working outside the shelter.
Additionally, the County will reimburse Kennel Staff up to sixty dollars
($60.00) per year for the purchase of outerwear of a type approved by the
Department.
6.The Animal Services Department agrees to reimburse Kennel Staff (Kennel
Staff refers to employees who, on a daily basis, clean and maintain
kennels, cat cages, corrals, stalls, and other animal holding cages) for the
purchase of black or blue denim trousers up to two hundred dollars
($200.00) per employee per year (July 1 to June 30). The current
classifications include Senior Animal Center Technician (BJTC), Animal
Center Technician (BJWC), and Utility Workers (BJWE).
Dry-Fit Shirts. The Animal Services Department shall provide six (6) initial dry-
fit shirts to be worn for work to current and any newly hired permanent,
permanent-intermittent, and temporary Shelter staff employees in the
classifications of Senior Animal Center Technician (BJTC), Animal Center
Technician (BJWC), and Animal Services Utility Worker (BJWE). Replacement
dry-fit shirts will be provided upon the approval of the Department.
8.Surgical Scrubs. The Animal Services Department shall provide
permanent, permanent-intermittent, and temporary employees in the
classification of Registered Veterinary Technicians (BKVA) who work in the
Spay/Neuter Clinic or in Shelter Surgery with surgical scrubs. The Animal
Services Department will provide current employees and any newly
hired Registered Veterinary Technicians with six (6) initial scrub tops to
be worn for work. Replacement scrub tops will be provided upon the
approval of the Department. In addition, the Department will reimburse these
employees up to two hundred dollars ($200) per year (July 1 to June 30) for
the purchase of scrub pants and/or denim jeans. Reimbursement will
require the employee to provide proof of purchase to the Department. The
employee is responsible for cleaning and maintenance of the garments.
9.Departmental Fee Reimbursement. Once during the term of this MOU,
each employee in the Animal Services Department may be
reimbursed for departmental license and adoption fees incurred by the
employee in an amount not to exceed the amount charged by the
department for these fees. An employee adopting an animal under this
section shall be responsible for payment of all other normal and customary
fees associated with that adoption.
10.The Safety Committee for the Department of Animal Services will remain in
effect and will continue to be constituted as follows: One (1) Animal
Services Officer and one (1) Animal Center Technician and one (1) Animal
Services Sergeant and
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7.
SECTION 53 - UNIT ITEMS
one (1) Registered Veterinary Technician and appropriate
management representatives. Committee meetings will be held at
least once quarterly, provided that either the union or management may
call meetings more frequently to discuss safety issues.
11.The Animal Services Department has instituted a one-half (½) hour lunch
period for all employees in the classification of Animal Center Technician.
Management will determine the time of the lunch period and the starting and
quitting times for each employee. Crucial to the continuance of the one-half
(½) hour lunch period will be the impact on service to the public.
12.The Animal Services Department will continue the current policy of
allowing Animal Services Officers, Animal Services Sergeants and Kennel
staff, and Registered Veterinary Technicians to sign up for shifts on the basis
of seniority.
The Animal Services Department intends to continue the current 4/10
work schedule for the duration of this MOU. Both the County and the Union
understand that continuation of the 4/10 work schedule during the term of this
MOU is contingent on adequate funding and retention of sufficient non-
probationary personnel to insure adequate service levels. The determination of
adequate funding, staffing and service levels is the sole prerogative of the
Department, except to the extent required by law to meet and confer on the
impact of staffing levels. The County agrees to notify the Union and to meet
and confer if the 4/10 schedule is to be terminated.
14.Animal Services Officers, Animal Services Sergeants, Kennel staff,
and Registered Veterinary Technicians who are required to appear/testify in
Court on their day off will receive a minimum of four (4) hours of overtime pay.
For employees in the Animal Services Department assigned to units or
services on a shift operational cycle which includes Saturday or Sunday as
designated by the appointing authority (rather than Monday through Friday,
eight (8) hours per day, 4/10 or 9/80 schedule), holidays will be observed on
the day on which the holiday falls even if it is a Saturday or Sunday.
16.Animal Services Officers and Animal Services Sergeants Participating in
Search Warrants. The Department will compensate individual Animal
Services Officers and Animal Services Sergeants in the amount of one
hundred dollars ($100.00) per incident for time spent in assisting police
agencies in the serving of search warrants. Only employees involved in
actual entry team activities shall be so compensated. The Department
continues to retain the sole right to select and assign Animal Services
Officers and Animal Services Sergeants to such search warrant duty.
No provision of this section or its application shall be subject to the
grievance procedure.
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15.
13.
SECTION 53 - UNIT ITEMS
Life Insurance. Effective January 1, 1997, $45,000 Group Term Life
Insurance will be provided for Animal Services Officers and Animal Services
Sergeants. Premiums for this insurance will be paid by the County with
conditions of eligibility to be reviewed annually.
18.The County agrees that if there are amendments to State law during the
term of this agreement that allow employees in the Animal Services Officer
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 and confer on this issue.
19.Kennel Staff Facial Hair. Kennel Staff are allowed to have neatly trimmed
and groomed Facial Hair as follows:
Moustache
Moustache and Goatee
Goatee
53.2 Building Trades Unit.
A. The County shall continue to supply employees in the Building Trades Unit with
specific tools which shall be maintained and secured on County premises. No
tools other than those supplied by the County may be used except upon prior
authorization of the County.
B. The County shall pay each employee in the Building Trades Unit a
reimbursement of twenty-five dollars ($25.00) per month, such to defray the cost
of supplying and cleaning clothing worn in the performance of regular duties.
C. Detention Facility Assignment Pay. The Detention Facility Assignment Pay is
calculated at five percent (5%) of the employee’s base rate of pay. Permanent
full-time and part-time, and permanent intermittent employees will be paid
detention facility assignment pay if the employee’s position is assigned to one of
the following facilities:
Org.# Facility Name
2580 West County Detention
2578 Martinez Detention
2585 Marsh Creek Detention
3120 Juvenile Hall
3160 Byron Boys Center
5700 Martinez Detention Infirmary
5701 West County Detention Infirmary
5702 Juvenile Hall Nursing
5710 Detention Mental Health Martinez
5711 Detention Mental Health West County
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17.
SECTION 53 - UNIT ITEMS
Employees eligible for this Detention Facility Assignment Pay are not eligible to
receive Hazard Pay under Section 44 of this M.O.U.
D. The County will provide reimbursement, up to fifty dollars ($50.00) per calendar
year to Painters and Steamfitters for special blood tests, the purpose of which is
to detect lead or other heavy metals. A statement from the Physician must be
submitted with the receipt.
E. Employees in the unit who work four (4) or more hours of overtime after midnight
on a regularly scheduled work day may request and shall be granted the use of
vacation, holiday or compensatory time for all or part of that day.
F. Voluntary Reassignment (Bidding) Procedure. The below listed procedure will
apply to the entire Building Trades Unit for satellite locations.
Permanent employees may request reassignment to vacant permanent positions
in the same classification or in the same level of their deep classification. All
permanent vacancies will be offered for bid to presently assigned full-time, part-
time and permanent-intermittent employees for reassignment. Nothing herein
precludes the making of temporary reassignments not entailing the filling of
vacant permanent positions. The following procedures shall apply:
1.Responsibility. Implementation of the reassignment procedure is the
responsibility of the supervisor of the position which is vacant.
2.Vacancy Notices Posted/Bidding While on Leave. Vacant position notices
will be posted, in writing, for thirty (30) calendar days. Employees
interested in a particular assignment and wishing to be notified of an open
position while on vacation, sick leave or leave of absence (not scheduled
day off) may leave a written notice or a self-addressed, stamped envelope
with the supervisor of the position they are interested in.
3.All Vacancies Must be Posted. All vacant positions which may occur by
creation of new positions, separation, promotion, demotion or
reassignment must be posted for permanent employee bidding.
4.Who May Request Reassignment. Employees on leaves of absence are
eligible to request reassignment if they are able to begin work when the
assignment begins.
5.Who may not request reassignment. Employees on leaves of absence
who are unable to return to work when the assignment begins are not
eligible to request reassignment.
6.Employee Selection. The Department will select the most senior
employee who bids on a position.
7.No Old Job Claim. The selected employee shall have no claim on the
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SECTION 53 - UNIT ITEMS
job(s) he or she left. If a decision is made by the employee to seek
immediate reassignment, the employee may only be placed in another
vacant position in accordance with this policy.
8.Probationary and New Assignment Bidding. Employees who are on
probation or who have been in a new work assignment for less than three
(3) months, may bid for a vacant position which is open. The bid will be
considered if, when bidding is closed, there are less than three (3)
employees who are not on probation or in new assignments who have bid
for the position. Bids from employees on probation or in new assignments
will be in addition to any names referred to the department through the
certification process described in Section 22.4-f above. Probation
Counselors who have completed three (3) months of their one (1) year
probation may bid the same as all other permanent employees.
9.When a vacancy occurs in the Traffic Signal Shop and an Electrician fills
this vacant position, the Department is not obligated to allow another
Electrician to bid out of the Traffic Signal Shop until the Department is
satisfied that the new Electrician in the Traffic Signal Shop is fully trained.
H. Involuntary Reassignment Procedure. The below listed procedure will apply
to the entire Building Trades Unit for satellite locations.
Department management, at its sole discretion, may determine from time to time
that involuntary reassignments of staff are required. Involuntary reassignments
are the reassignments of permanent employees in their existing classification to
a new worksite, shift, or program area. Such decisions may result from inability to
fill a vacancy through the voluntary reassignment procedure or from a
determination that excess staff are allocated to a certain site, shift, or program.
When such decisions are made and the reassignments are permanent, the below
listed procedure shall apply.
For temporary reassignments of eight (8) weeks or less, the supervisor must
decide if the employee who is temporarily reassigned must start each work
day at the temporary reassignment location or at his/her permanent
assignment location. The supervisor must advise the employee before the start
date of the temporary reassignment.
Temporary reassignments of less than eight (8) weeks duration cover such
things as vacation relief, sick leave absences, temporary shifts in workload,
training assignments, or temporary short term assignments to cover vacant
positions which could not be filled through the voluntary reassignment policy and
for which actions are underway to fill permanent from an eligible list. If a
temporary reassignment is expected to exceed eight (8) weeks in duration, the
affected Department shall either use the below listed procedure or will meet and
confer with the Union on a case by case basis regarding an alternative approach:
A. Management will identify the classifications and positions from which
reassignments are necessary.
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SECTION 53 - UNIT ITEMS
B. Affected employees will be provided with a list of vacancies/ assignments
for which they may apply.
C. Affected employees shall be given the opportunity to volunteer for the
available vacancies/assignments and shall be considered in accordance
with Part f. of the voluntary reassignment procedure.
D. If there are insufficient volunteers for the number of available positions or
no volunteers, and involuntary reassignments are still required, the least
senior qualified affected employee shall be reassigned to the vacant
assignment identified by management, followed by the next least senior
employee, and so on in inverse order of seniority until all necessary
reassignments are completed. Qualified is defined as a person possessing
the necessary training or experience for the specific assignment.
Seniority for involuntary reassignment purposes shall be defined as seniority within
classification. Nothing contained in this Section shall prohibit the Department and the
Union from making a mutually agreed upon alternative arrangement.
In no event shall reassignments be utilized for disciplinary purposes.
The Department may assign newly hired Building Trades employees to multiple satellite
work assignments at the Department’s sole discretion throughout the employee’s initial
probationary period.
53.3 Community Services Bureau Unit.
It is understood for this Unit that all terms and conditions of the MOU shall apply except
(1) those sections which pertain to the Merit System, (2) those limited in Attachment C,
as modified below, and (3) entitled Sections in the MOU modified below:
A. Salaries. Because employees in the Community Services Bureau (CSB) receive
external State and federal funding for their programs, these employees are not
eligible for general cost of living wage adjustments negotiated between Local
One and the County.
Wages
1.Effective 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%).
2.Effective July 1, 2017, the base rate of pay for all classifications
represented by the Union will be increased by two percent (2%).
3.No later than November 1, 2017, or within thirty (30) days of the County’s
receipt of notice concerning the amount of State and Federal grant funding
for Community Services Bureau programs for the following calendar year,
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SECTION 53 - UNIT ITEMS
the County shall request to meet and confer with the Union to discuss
salary adjustments for 2018. The amount of salary adjustment and
effective date shall be determined by the Union and County in the meet
and confer process.
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 ($1000). 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
($1000) by the employee’s approved position hours (for example: $1000 x
(20/40) = $500).
2.Permanent-Intermittent Employees. Permanent-intermittent employees
who meet all the following criteria will be paid a lump sum ratification
payment of two hundred dollars ($200).
Criteria:
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.
3.Temporary and per diem employees are not eligible for the
ratification payment.
4.The employee’s lump sum ratification payment will be subject to the
employee’s required deductions, such as taxes, wage garnishments,
and retirement.
The eligible classifications are as follows:
Master Teacher -Project
Teacher - Project
Associate Teacher - Project
Infant Toddler – Master Teacher - Project
Infant Toddler – Teacher - Project
Infant Toddler – Associate Teacher - Project
Intermediate Clerk - Project
Senior Clerk – Project
Child Nutrition Worker I - Project
Child Nutrition Worker II - Project
Child Nutrition Worker III - Project
Child Nutrition Food Service Transporter - Project
Early Childhood Home Educator - Project
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SECTION 53 - UNIT ITEMS
B. Separation Through Layoff. All current MOU provisions regarding seniority and
layoff shall apply to employees of the Community Services Bureau Unit with the
following modifications which are implemented to recognize that some positions
in the Bureau are not funded on a year-round basis and that annual work cycles
of positions in the same class may vary:
1.Specific positions otherwise denoted “full time” may be assigned a work
cycle which is less than a full twelve-month year.
2.Positions in the same class may be filled on both a year-round (12-month)
and less than year-round basis. Some employees will be subject to
periods of layoff in accordance with the following provisions:
a.Employees will be notified at the time of initial employment or
promotion into the class as to the duration of the work year for the
position being filled
b.Laid off employees are provided with an assurance of return to
work at the beginning of the next work cycle if the position is still
funded.
c.In situations where employees return to work together at the
beginning of varying length work cycles, employees will be provided
the opportunity to select assignment to the longer work cycle on the
basis of seniority in class. This provision shall not apply to work
cycles which begin at different times.
C. Promotion. Promotional opportunities shall be available within the Unit to
members with the understanding that due to their Project status, the employees
may not participate in Merit System promotional examinations.
Notwithstanding this limitation, the Community Services Bureau (CSB) may
request that the Director of Human Resources announce open examinations on a
restricted basis, such as “Open Only to Employees of the Community Services
Bureau” for the purpose of targeting qualified applicants.
When an examination is restricted to the CSB employees who have qualified and
who have earned a score of seventy percent (70%) or more shall receive five
one-hundredths (.05) of one percent for each completed month of service as a
permanent employee in CSB continuously preceding the final date for filing for
the examination. The credits shall be included in the final percentage score from
which the rank on the list is determined. No employee however, shall receive
more than a total of five (5.0) points for seniority in any such examination.
Employees are in no way restricted from applying to compete in any examination
announced by the County on an “open only” or “open and promotional” basis.
D. Disciplinary Action. Employees of CSB shall be subject to all provisions of MOU
Section 24 - Dismissal, Suspension, Temporary Reduction in Pay and Demotion,
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SECTION 53 - UNIT ITEMS
except that those references to the Merit System in 24.1 (C) and (K) are
changed to read “County Service” and “County Ordinance or Resolution”
respectively; and the reference to the Merit Board in 24.5 and 24.6 (C) shall be
deleted.
E. Grievance Procedures. Employees of CSB shall be subject to all provisions of
MOU Section 25 - Grievance Procedure, except that if an appeal is made to the
Merit Board on the basis of alleged discrimination, such appeal may not also be
subject to the grievance procedure.
F. Reassignment and Bid Procedures. With respect to reassignment of work
location, provisions of MOU Section 22.3 – Reassignment of Work Location, shall
apply and are amplified as follows:
1.The Community Services Bureau agrees to post all vacancies for at least
five (5) days to allow for reassignment applications.
2.In considering any request for reassignment of the Bureau’s staff, the
Community Services Bureau will fill the initial vacancy with the most senior
employee requesting the reassignment. Any subsequent vacancies which
are created through filling the initial vacancy will be filled based on
requirements of the Community Services Bureau.
3.Once annually, in May or June the Bureau and Local One will conduct an
open bid meeting wherein all employees may bid for vacant positions on
the basis of seniority. Prior to posting the bids, the Bureau will meet with
the Union to advise them of any positions requiring specific criteria
necessary to comply with Head Start or State Licensing requirements. The
Community Services Bureau will identify these criteria when posting these
positions for bidding. An employee bidding for these positions must meet
any site specific criteria. The hours of work shall be posted for each
position at the bid meeting. The division may change the posted hours of
work after the bid meeting and before the assignment begins by no more
than 30 minutes if a change in hours is necessary to accommodate the
children enrolled at the site. If it does, the Bureau will notify the affected
employee and Local #1 as soon as it determines that it must change the
hours. The Bureau shall tell employees at the bid meeting the position to
which they have been assigned pursuant to the bid meeting and shall
confirm that notice in writing within two (2) weeks of the bid meeting.
Additional vacant positions that are created through the bid procedure will
also be filled by seniority as provided in this section. If all vacancies are
not filled through the annual bidding process, the Community Services
Bureau will fill the positions based on the Bureau’s requirements.
In addition, the following bidding restrictions shall apply:
(a) An employee appointed to a position during the annual bid
meeting may transfer no more than one time during the program
year.
LOCAL NO. 1 -110- 2016-2019
SECTION 53 - UNIT ITEMS
(b) An employee who chooses not to bid during the annual bid
meeting may transfer once during the program year.
(c) Probationary employees are not eligible to bid on a position.
4.The Community Services Bureau reserves the right to reassign an
employee during the Program year should the employee be the subject of
an investigation involving the welfare of the children under the employee’s
care.
53.4 Investigative Unit.
The deep class resolution for Collection Services Officer shall remain in effect for the
duration of this MOU unless modified by mutual agreement.
53.5 Library Unit.
A. Section 12 of this MOU regarding holidays is modified for all employees in the
classifications of this unit to delete the day after Thanksgiving as a holiday and to
add the Day before Christmas as a holiday. The libraries will close at 6:00 p.m.
on the day before Thanksgiving.
B. The Libraries will close at 5:00 p.m. on New Year's Eve. Employees shall
rearrange their work schedules so that they work a full eight (8) hour shift.
C. It is the position of the Library Department that employees in classes represented
in the Library Unit are on their own time during their lunch period and are not
subject to be called back to work during their lunch period.
D. The Library agrees to continue to explore maximizing two days off in a row for
library personnel covered by this MOU.
E. Evening Shift Differential. Permanent full-time, part-time, permanent intermittent,
and temporary employees in the Library Unit will receive a shift differential of a
five percent (5%) of the employee’s base hourly rate of pay for those hours
worked between 6:00 p.m. and 9:00 p.m.
F. Weekend Shift Differentials.
1.Permanent full-time, part-time, permanent intermittent, and temporary
employees in the Library Unit will receive a shift differential of five percent
(5%) of the employee’s base hourly rate of pay for all hours worked on a
Saturday. Said five percent (5%) differential shall not apply to any
overtime hours worked on Saturday.
2.Permanent full-time, part-time, permanent intermittent, and temporary
employees in the Library Unit will receive a shift differential of seven and
LOCAL NO. 1 -111- 2016-2019
SECTION 53 - UNIT ITEMS
one-half percent (7.5%) of the employee’s base hourly rate of pay for all
hours worked on a Sunday.
G. In the event that Sunday is to become part of the scheduled work week for
Library Unit employees, the County agrees to meet and confer with the Union
regarding those employees who will be assigned to work Sunday as part of their
regularly scheduled work week.
H. The County Library Reassignment Policy shall be as follows:
Definition. A reassignment is the voluntary or involuntary transfer or movement
of an employee from one work site to another in the same classification.
Reassignment Criteria. Reassignments are made to facilitate the Library
System's service function and efficiency. Library Administration shall make
reassignments based on the needs of the branch/system in relation to public
service and will consider the following employee factors as they relate to these
needs: the employee's job performance and development, the employee's
subject/age specialization, the employee's seniority in the classification within the
department, the distance between the work site and the employee's residence,
and the assignment preferences of the employee as obtained by the procedures
outlined below.
When circumstances other than seniority appear to Administration to equally or
nearly equally meet the system service needs, then seniority shall govern.
In accordance with the above criteria, the Administration shall consider all
internal requests for reassignment before making an appointment from any
eligibility list and in no event shall reassignments be utilized for disciplinary
purposes or be arbitrary. The Library shall notify Local #1 in writing when the
employee selected is not the most senior employee and the reasons for such
selection along with a list of those employees not selected.
In the event a grievance is filed regarding such request, the grievance shall be
considered timely filed provided it is submitted within thirty (30) calendar days
from the date of the Library’s notification.
Procedures for Reassignment. Any employee may submit a request for
reassignment to Administration at any time. Such requests will be kept on file for
the current fiscal year.
Announcement of vacancies from resignations or promotions shall be distributed
to all geographic work sites for a posting period of five work days. The
announcement shall include: (1) Classification and total hours of position; (2)
Work site; (3) Age-level assignments. During the posting period, the vacancy
shall not be filled.
Before any decisions necessitating involuntary reassignments are made,
Administration will solicit information from employees involved regarding their
LOCAL NO. 1 -112- 2016-2019
SECTION 53 - UNIT ITEMS
career development, goals, assignment preferences and their view of branch
needs. This information will generally be obtained through employee conferences
with Deputy County Librarian or Assistant County Librarian.
Whenever feasible, an employee who is reassigned will be given two (2) weeks
notice.
Any employee who has been reassigned or any employee who has requested a
vacancy and is not reassigned to that position, may request to meet with
Administration to discuss the reasons for the decision, or may request the
reasons be provided in writing.
I. Detention Facility Assignment Pay. The Detention Facility Assignment Pay is
calculated at five percent (5%) of the employee’s base rate of pay. Permanent
full-time and part-time employees, and permanent intermittent employees in the
Local One Library Unit who are assigned to the Library Inmate Unit (Org. 2490)
will be paid the detention facility assignment pay if the employee’s position is
assigned to work in one of the following facilities:
Org.# Facility Name
2580 West County Detention
2578 Martinez Detention
2585 Marsh Creek Detention
Employees eligible for this Detention Facility Assignment Pay are not eligible
to receive Hazard Pay under Section 44 of this M.O.U.
J. The Library Practice Advisory Committee shall continue for the duration of this
MOU.
K. The Library Department shall make every effort consistent with efficient
operations to provide that no employee shall be scheduled to work more than two
(2) after 6:00 p.m. shifts in a calendar week, unless that employee specifically
requests that shift for a specified period of time.
Thirty-two (32) and twenty (20) hour employees will maintain a four (4) day work
week unless employees specifically agree to a variant days-off schedule. Choice
of shift assignments at a work site shall be determined by County seniority in
class.
However, employees who mutually agree to trade shift assignments at a given
work site may request to do so, on a permanent basis, depending on their mutual
agreement.
L. Thirty-two (32) hour employees who voluntarily reduced their hours to reduce the
impact of layoff shall be treated as forty (40) hour employee's for purposes of a
future layoff pursuant to Section 11.4 of this MOU.
LOCAL NO. 1 -113- 2016-2019
SECTION 53 - UNIT ITEMS
M. Permanent full-time, permanent part-time staff, and permanent-intermittent staff
represented by the Library Unit of Local One shall be eligible for reimbursement
of up to fifty dollars ($50.00) per fiscal year for membership in either the
American Library Association or the California Library Association.
Reimbursement will occur through the regular demand process with demands
being accompanied by proof of payment (copy of invoice or canceled check).
N. When there are promotional or open and promotional exams for positions within
the Library, the Library will provide training for staff members who meet the
qualifications for the position in order to assist staff to prepare for the exam.
O. The County shall continue to provide to the Union a copy of any layoff or recall
list(s) for all affected employees in the unit. Furthermore, it is agreed that the
County shall continue to recall for all assignments, whether permanent, short-
term or provisional, employees who have been reduced in time, demoted or
reassigned to Permanent-Intermittent in strict seniority order.
In addition, the County will keep a written record of all offers of employment and
assignments to affected employees and to make such information available to
the Union upon request. Qualified eligible permanent employees will be
considered for acting or provisional appointments before filling vacancies with
temporary employees.
P. The Library will request that vacant, funded permanent positions be filled
following the adoption of the annual budget.
Q. Employees in the classification of Library Assistant who are regularly assigned
“in Charge” at the Outlets shall be classified Library Assistant-Advanced Level.
R. The following applies to all Permanent-Intermittent employees.
Permanent-Intermittent employees will be notified before being employed that
they must agree to be available to work at least 320 hours per year, and must be
available to work no less than twelve (12) Sundays per year.
The annual tracking of hours and Sundays shall be on a calendar year basis. If a
Permanent Intermittent employee is hired after January 1, the requirements for
available Sundays, and hours worked, will be prorated as of the hire date, unless
the period remaining in the year is less than one month, in which case the period
for administering the P.I. tracking hours agreement shall begin the first of the
upcoming year.
Permanent Intermittent employees shall be entitled to designate specific
geographic availability at no fewer than six sites.
All substitute job hours shall be in the automated online program for reviewing,
accepting, and canceling shifts. All Permanent Intermittent employees accessing
the automated program must be registered and must provide a valid phone
number. Permanent Intermittent employees may not cancel jobs except if the job
LOCAL NO. 1 -114- 2016-2019
SECTION 53 - UNIT ITEMS
is greater than fourteen (14) days out or if the employee makes a legitimate sick
leave claim.
The P.I. employee shall be entitled to designate specific days not to exceed 45
days when he/she is not available for assignments. Not withstanding the above,
P.I. employees are entitled to Leave provisions of the MOU.
On a quarterly basis, the Library Department shall provide a report to Local One
which shows Permanent Intermittent total hours worked, and the number of
Sundays worked.
An employee may request a waiver of hours and weekend criteria by submitting
a request for an exemption in writing to the Administrative Services Officer:
Human Resources for the Library Department who shall give full and fair
consideration to the request. A written decision shall be forwarded to the
employee within 30 days. If the request is denied, the employee may appeal to
the County Librarian. If denied at that level the employee may appeal to the
Director of Human Resources, whose decision shall be final.
The Library Department will make training available to all new and current
Permanent Intermittent employees. Staff will be paid for training time and such
hours shall count as hours worked.
Date:
Contra Costa County: PEU, Local One:
(Signature / Printed Name) (Signature / Printed Name)
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
LOCAL NO. 1 -115- 2016-2019
PUBLIC EMPLOYEES UNION, LOCAL ONE
ATTACHMENTS
A.CLASS & SALARY LISTING BY UNIT
B.MEDICAL/DENTAL/LIFE INSURANCE
C.PROJECT EMPLOYEES
D.PI SPECIAL PAYS AND BENEFITS
E.TEMPORARY EMPLOYEES SPECIAL PAYS
F.CLASS B PHYSICAL EXAMINATIONS/PUBLIC WORKS
G.EXPANDED USE OF VOLUNTEERS/LIBRARY
H.GENERAL SERVICES HEALTH & SAFETY ISSUES
I.PER DIEM SPECIAL PAYS
J.LIBRARY PRACTICES ADVISORY COMMITTEE (LPAC)
K.CONTRACTING FOR SERVICE FROM REHABILITATION PROGRAMS
L.BUILDING TRADES ROTATION
M.RETURN TO WORK POLICY
PEU, LOCAL #1
CLASS AND SALARY LISTING
Effective 1/1/2017
AGRICULTURE AND ANIMAL CONTROL UNIT
ATTACHMENT A
Page 1 of 1
Job Code Class Title
Flex Staff (F) /
Deep Class (D) Min Max
B9N1 PEST DETECTION PROG ASST - PRJ $3,880.49 $3,880.49
B9T1 LEAD PEST DETECTION SPEC - PRJ $3,880.49 $3,880.49
B9W1 PEST DETECTION SPEC -PROJECT $3,528.62 $3,528.62
B9W3 GLASSY WING SHARPSHTR SPEC-PRJ $3,528.62 $3,528.62
B9WB AGRI AND STANDARDS AIDE $3,002.71 $3,649.81
BA7A AGRICULTURAL BIOLOGIST TRAINEE F $3,227.78 $3,923.39
BANA AGRICULTURAL BIOL/W&M INSP III F $5,709.39 $6,939.80
BATB AGRICULTURAL BIOLOGIST III $5,709.39 $6,939.80
BAVA AGRICULTURAL BIOLOGIST II F $4,863.26 $5,911.33
BAWA AGRICULTURAL BIOLOGIST I F $4,497.36 $5,466.56
BJTC SR ANIMAL CENTER TECHNICIAN F $4,192.05 $5,095.46
BJTD ANIMAL SVCS SERGEANT $3,958.35 $5,994.49
BJWC ANIMAL CENTER TECHNICIAN F $3,276.07 $3,982.09
BJWD ANIMAL SVCS OFFICER $3,595.86 $5,445.54
BJWE ANIMAL SVCS UTILITY WORKER $2,684.86 $3,263.46
BKRA VETERINARY ASSISTANT F $3,348.22 $4,069.79
BKVA REGISTERED VETERINARY TECHN $3,528.62 $4,965.12
BW7A WEIGHTS/MEASURES INSPECTOR TRN F $3,093.24 $3,759.85
BWTB WEIGHTS/MEASURES INSPECTOR III $5,709.39 $6,939.80
BWVA WEIGHTS/MEASURES INSPECTOR II F $4,863.26 $5,911.33
BWWA WEIGHTS/MEASURES INSPECTOR I F $4,497.36 $5,466.56
Salary Range
PEU, LOCAL #1
CLASS AND SALARY LISTING
Effective 1/1/2017
BUILDING TRADES UNIT
ATTACHMENT A
Page 1 of 1
Job Code Class Title Deep Class (D) Min Max
GFTA LEAD ELECTRICIAN F $6,721.11 $7,410.03
GFTB LEAD PAINTER F $6,341.19 $6,991.16
GFTC LEAD CARPENTER F $6,341.19 $6,991.16
GFTE LEAD STEAMFITTER F $7,248.07 $7,990.99
GFVA STEAMFITTER F $6,334.91 $6,984.24
GFWA ELECTRICIAN F $5,874.35 $6,476.47
GFWB CARPENTER F $5,525.86 $6,092.26
GFWE PAINTER F $5,525.86 $6,092.26
GFWG ROOFER $5,743.41 $6,332.11
Salary Range
PEU, LOCAL #1
CLASS AND SALARY LISTING
Effective 1/1/2017
FAMILY AND CHILDREN SERVICES
ATTACHMENT A
Page 1 of 1
Job Code Class Title
Flex Staff (F) /
Deep Class (D) Min Max
98G1 CHILD NUTRT WORKER II-PROJECT $2,252.01 $2,737.33
98G2 CHILD NUTRT WORKR III-PROJECT $2,432.83 $2,957.12
98V1 CHILD NUTRT FOOD SVC ASST-PRJ $1,852.92 $2,252.25
98W1 CHILD NUTRT WORKER I-PROJECT $1,820.00 $2,212.22
98W2 CHILD NUTRT FD SVC TRNS-PRJ $1,946.96 $2,366.55
98W3 CHILD NUTRI WORKR I-PRJ SUB $1,820.00 $2,212.22
99J3 INTERMEDIATE CLERK-PRJ F $3,073.21 $3,735.51
9JV7 COMMUNITY SVCS ACCT ASST-PROJ $3,329.84 $4,047.45
9KT7 SENIOR CLERK-PROJECT F $3,540.66 $4,303.70
9KV8 COMMUNITY SVCS BLDG SVC WRKR-P $2,181.77 $2,651.96
9MW4 EARLY CHILDHOOD EDUCATOR-PRJ $3,067.13 $3,728.13
CJK1 TEACHER ASST TRAINEE-PROJECT $1,820.00 $2,006.55
CJN1 TEACHER-PROJECT $3,067.13 $3,728.13
CJN2 INFANT TODDLER TEACHER-PROJECT $3,067.13 $3,728.13
CJN3 TEACHER-PRJ SUBSTITUTE $3,067.13 $3,728.13
CJT1 MASTER TEACHER-PROJECT $3,258.10 $3,960.23
CJT2 INF/TOD MASTER TEACHER-PRJ $3,258.10 $3,960.23
CJW1 ASSOCIATE TEACHER-PROJECT $2,276.67 $2,767.31
CJW2 INFANT TODDLER ASSOC TCHER-PRJ $2,276.67 $2,767.31
CJW3 ASSOCIATE TEACHER-PRJ-SUB $2,254.25 $2,740.05
CJW4 ASSISTANT TEACHER-PROJECT $1,844.80 $2,242.36
Salary Range
PEU, LOCAL #1
CLASS AND SALARY LISTING
Effective 1/1/2017
INVESTIGATIVE UNIT
ATTACHMENT A
Page 1 of 1
Job Code Class Title
Flex Staff (F) /
Deep Class (D) Min Max
26SB PUBLIC DEFENDER LIAISON AIDE $2,884.47 $3,506.08
26SC PUBLIC DEFENDER CLIENT SVC SPC $5,271.58 $6,407.64
2Y7A PARALEGAL $3,718.73 $4,520.15
65SA VICT/WIT ASSISTANCE PROG SPEC $3,800.63 $4,619.69
6K7C DA CASE PREPARATION ASSISTANT $3,876.64 $4,712.09
S5VA TAX COMPLIANCE OFC-ADVANCED F $4,233.77 $5,146.17
S5WB TAX COMPLIANCE OFFICER F $3,811.93 $4,633.43
SMTA CHILD SPPRT SPECIALIST III F, D Res # 02/765 $4,488.46 $5,455.75
SMVB CHILD SPPRT SPECIALIST II F, D Res # 02/765 $4,045.26 $4,917.03
SMVD COLLECTION ENFORCEMENT OF II F $4,250.57 $5,166.59
SMWF CHILD SPPRT SPECIALIST I F, D Res # 02/765 $3,528.62 $4,289.06
SMWJ COLLECTION ENFORCEMENT OF I F 3,240.59 3,938.96
Salary Range
PEU, LOCAL #1
CLASS AND SALARY LISTING
Effective 1/1/2017
LIBRARY UNIT
ATTACHMENT A
Page 1 of 1
Job Code Class Title
Flex Staff (F) /
Deep Class (D) Min Max
3AKA LIBRARIAN TRAINEE F $4,175.48 $4,175.48
3AV3 LIBRARY LITERACY SPEC-PRJ $4,397.76 $5,616.12
3AVA LIBRARY SPECIALIST $5,041.66 $6,438.40
3AVB LIBRARY LITERACY SPECIALIST $3,379.48 $4,315.73
3AWA LIBRARIAN F $4,397.76 $5,616.12
3KT4 LIBRARY ASST-ADVANCED LEVEL-PJ F $3,955.68 $5,051.56
3KTB LIBRARY ASST-ADVANCED LEVEL F, D Res # 95/336 $3,955.68 $5,051.56
3KTC SR LIBRARY LITERACY ASSISTANT $4,397.76 $5,616.12
3KVB LIBRARY ASST-JOURNEY LEVEL F, D Res # 95/336 $3,232.20 $4,127.66
3KVC LIBRARY LITERACY ASSISTANT $3,232.20 $4,127.66
Salary Range
ATTACHMENT B
Public Employees Union, Local One
MEDICAL PLANS
July 1, 2016 through June 30, 2019
Coverage Offered
The County offers the following Plans: Contra Costa Health Plans (CCHP), Kaiser Permanente, Health Net
Co-Pays and Co-Insurance
The medical plan Co-Pays and Co-Insurance are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B: $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network co-pay
$3 Preferred Generic RX co-pay
$3 Preferred Brand RX co-pay
$3 Non-Preferred Brand RX co-pay
KAISER PERMANENTE PLAN A: $10 Office Visit co-pay
$10 Preferred Generic RX co-pay
$20 Preferred Brand RX co-pay
$20 Non-Preferred Brand RX co-pay
$10 Emergency Room co-pay
KAISER PERMANENTE PLAN B: $500 Deductible Per Person
$1000 Deductible Per Family
$20 Office Visit Co-pay (not subject to deductible)
$20 Urgent Care Co-pay (not subject to deductible)
$10 Lab & X-ray Co-pay (not subject to deductible)
$10 Preferred Generic RX
$30 Preferred Brand RX
$30 Non-Preferred Brand RX
10% Co-Insurance After Deductible for Inpatient Hospital,
Outpatient Surgical and Emergency Room
$3000/Person and $6000/Family Annual Out of Pocket Maximum
Page 1 of 2
KAISER PERMANENTE HDHP: $1500 Deductible Per Person
$3000 Deductible Per Family
10% Office Visit Co-insurance (After Deductible)
10% Urgent Care Co-insurance (After Deductible)
10% Lab & X-Ray Co-insurance (After Deductible)
$10 Generic Rx (After Deductible)
$30 Brand-Name Rx (After Deductible)
10% Inpatient Hospitalization Co-insurance (After Deductible)
10% Outpatient Surgery & ER Co-insurance (After Deductible)
$3000/Person and $6000/Family Annual Out of Pocket Maximum
HEALTH NET HMO Plan A: $10 Office Visit Co-pay
$10 Preferred Generic RX Co-pay
$20 Preferred Brand RX Co-pay
$35 Non-Preferred Brand or Generic RX Co-pay
$25 Emergency Room Co-Pay
HEALTH NET HMO Plan B: $20 Office Visit Co-pay
$50 Urgent Care Visit Co-pay
$1000 Inpatient Hospital Co-pay
$500 Out-Patient Surgery Co-pay
$100 Emergency Room Co-pay
$10 Preferred Brand RX Co-pay
$20 Non-Preferred Brand RX Co-pay
$35 Non-Preferred Brand or Generic RX Co-pay
$2000/Person and $6000/Family Annual Out of Pocket Maximum
HEALTH NET PPO Plan A: $10 Office Visit in network Co-pay
$5 Preferred Generic RX Co-pay
$5 Preferred Brand RX Co-pay
$5 Non-Preferred Brand or Generic RX Co-pay
$50 Emergency Room Co-Pay + 10% Co-Insurance (Co-Pay waived
if admitted)
HEALTH NET PPO Plan B (*): $500 Deductible Per Person
$1500 Deductible Per Family
$20 Office Visit in network Co-pay
80% / 20% Co-insurance for Most In-Network Benefits
60% / 40% Co-insurance for Most Out-of-Network Benefits
$10 Preferred Generic RX co-pay
$20 Preferred Brand RX co-pay
$35 Non-Preferred Brand or Generic RXco-pay
$100 Emergency Room Co-Pay + 20% Co-Insurance (Co-Pay
waived if admitted)
* This plan will be eliminated for all employees beginning January 1, 2018.
Page 2 of 2
ATTACHMENT C
ATTACHMENT D
LOCAL ONE
Section 43 – PI Employee Special Pays & Benefits
1 of 4
Special Pays for Permanent-Intermittent Employees
All Units
Type of Pay (Pay Code)MOU Section
Jury Duty-Scheduled Work Day (JRY)Sec. 18.1.H
Military Leave (MLX)Sec. 17.4
County Overtime (OPT)Sec. 7.1.B
FLSA Overtime (OTF)None
Longevity (L05)Sec. 5
Sick Leave Hours Taken (SCK, SCK-2BS, SCK-2FS,
SCK-2RS, SCK-CAT, SCK-FML)
Sec. 43
Vacation Hours Taken (VAC, VAC-1, VAC-FML)Sec. 43
Shift Differential Pay at 5% (SH2)Sec. 10
Negotiations Time Off (T03)Sec. 4
Unit Specific
1.Agriculture- Animal Services Unit (Section 53.1)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Title(s)
Applicable Assigned
Org (Org#)
Search Warrants
(D58)
53.1.B.16 1. Animal Services
Officer(BJWD)
2. Animal Services
Sergeants (BJTD)
Canine Care (E09)53.1.A.6
2. Building Trades Unit (Section 53.2)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Title(s)
Applicable Assigned
Org (Org#)
Detention Facility
Assignment Pay
(HZ3)
53.2.C 1. West County
Detention (2580)
2. Martinez Detention
(2578)
3. Marsh Creek
Detention (2585)
4. Juvenile Hall (3120)
5. Byron Boys Center
(3160)
6. Martinez Detention
Infirmary (5700)
7. West County
ATTACHMENT D
LOCAL ONE
Section 43 – PI Employee Special Pays & Benefits
2 of 4
Detention Infirmary
(5701)
8. Juvenile Hall Nursing
(5702)
9. Detention Mental
Health Martinez (5710)
10. Detention Mental
Health West Co. (5711)
Hazard Pay (HZ2)44 1. Conservatorship
(0451)
2. Inmate Library
Services (2490)
3. Detention
Transportation (2575)
4. County Parole
Program (2577)
5. Martinez Detention
(2578)
6. West County
Detention (2580)
7. Marsh Creek
Detention (2585)
8. AB109 Program
(2588)
9. Martinez Detention
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall
Nursing (5702)
12. Detention Mental
Health Martinez (5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit
(6313)
17. Psychiatric
Emergency (6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
ATTACHMENT D
LOCAL ONE
Section 43 – PI Employee Special Pays & Benefits
3 of 4
20. Outpatient
Registration (6570)
3. Library Unit (Section 53.5)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Title(s)
Assigned Org (Org#)
Sunday Shift
Differential 7.5% (SH3)
53.5.F.2.
Saturday Shift
Differential 5% (SH2)
53.5.F.1.
Evening Shift
Differential 5% (SH2)
53.5.E
Detention Facility
Assignment Pay (HZ3)
53.5.I.Library Inmate Org
(#2490) in the
following facilities:
Martinez Detention
(2578); West County
Detention (2580);
Marsh Creek
Detention (2585)
Hazard Pay (HZ2)44 1. Conservatorship
(0451)
2. Inmate Library
Services (2490)
3. Detention
Transportation (2575)
4. County Parole
Program (2577)
5. Martinez Detention
(2578)
6. West County
Detention (2580)
7. Marsh Creek
Detention (2585)
8. AB109 Program
(2588)
9. Martinez Detention
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall
Nursing (5702)
12. Detention Mental
ATTACHMENT D
LOCAL ONE
Section 43 – PI Employee Special Pays & Benefits
4 of 4
Health Martinez
(5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental
Health (5951)
15. West County
Adult Mental Health
(5974)
16. Psychiatric Unit
(6313)
17. Psychiatric
Emergency (6381)
18. Emergency (6383)
19. Hospital
Admission Martinez
(6553)
20. Outpatient
Registration (6570)
ATTACHMENT E
LOCAL ONE
Section 48 – Temporary Employees - Special Pays
1 of 3
Special Pays for Temporary Employees
All Units
Type of Pay (Pay Code) MOU Section
County Overtime (OPT) Sec. 7.1.B
FLSA Overtime (OTF) None
Paid Time Off (PTO, PTO-FML)) Sec. 48.5
Shift Differential Pay at 5% (SH2) Sec. 10
Unit Specific
1. Building Trades Unit (Section 53.2)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Applicable Assigned Org
(Org#)
Call Back (N35) 8 Steamfitter (GFVA)
Hazard Pay (HZ2) 44 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention Transportation
(2575)
4. County Parole Program
(2577)
5. Martinez Detention (2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County Detention
Infirmary (5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental Health
Martinez (5710)
13. Detention Mental Health
West County (5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
ATTACHMENT E
LOCAL ONE
Section 48 – Temporary Employees - Special Pays
2 of 3
(6381)
18.Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient Registration
(6570)
2. Library Unit (Section 53.5)
Type of Pay (Pay Code) MOU
Section
Applicable Job
Title(s)
Assigned Org (Org#)
Sunday Shift Differential
7.5% (SH3)
53.5.F.2.
Saturday Shift Differential
5% (SH2)
53.5.F.1.
Evening Shift Differential 5%
(SH2)
53.5.E
Hazard Pay (HZ2) 44 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention
Transportation (2575)
4. County Parole Program
(2577)
5. Martinez Detention
(2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental
Health Martinez (5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental Health
(5951)
15. West County Adult
ATTACHMENT E
LOCAL ONE
Section 48 – Temporary Employees - Special Pays
3 of 3
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient
Registration (6570)
ATTACHMENT F
1 of 1
ATTACHMENT G
1 of 8
ATTACHMENT G
2 of 8
ATTACHMENT G
3 of 8
ATTACHMENT G
4 of 8
ATTACHMENT G
5 of 8
ATTACHMENT G
6 of 8
ATTACHMENT G
7 of 8
ATTACHMENT G
7 of 8
ATTACHMENT H
1 of 2
ATTACHMENT H
2 of 2
ATTACHMENT I
LOCAL ONE
Per Diem Special Pays
1 of 3
Local 1- Attachment I
Special Pays for Per Diem Employees
All Units
Type of Pay (Pay Code) MOU Section
County Overtime (OPT) Sec. 7.1.B
FLSA Overtime (OTF) None
Shift Differential Pay at 5% (SH2) Sec. 10
Unit Specific
1. Building Trades Unit (Section 53.2)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Applicable Assigned Org
(Org#)
Call Back (N35) 8 Steamfitter (GFVA)
Hazard Pay (HZ2) 44 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention Transportation
(2575)
4.County Parole Program
(2577)
5. Martinez Detention (2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County Detention
Infirmary (5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental Health
Martinez (5710)
13. Detention Mental Health
West County (5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
ATTACHMENT I
LOCAL ONE
Per Diem Special Pays
2 of 3
(6381)
18. Emergency (6383)
19.Hospital Admission
Martinez (6553)
20. Outpatient Registration
(6570)
2. Library Unit (Section 53.5)
Type of Pay (Pay Code) MOU
Section
Applicable Job
Title(s)
Assigned Org (Org#)
Sunday Shift Differential
7.5% (SH3)
53.5.F.2.
Saturday Shift Differential
5% (SH2)
53.5.F.1.
Evening Shift Differential 5%
(SH2)
53.5.E
Hazard Pay (HZ2) 44 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention
Transportation (2575)
4. County Parole Program
(2577)
5. Martinez Detention
(2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental
Health Martinez (5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental Health
(5951)
15. West County Adult
ATTACHMENT I
LOCAL ONE
Per Diem Special Pays
3 of 3
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient
Registration (6570)
ATTACHMENT J
1 of 2
ATTACHMENT J
2 of 2
ATTACHMENT K
1 of 1
ATTACHMENT L
1
ATTACHMENT L
ATTACHMENT L
ATTACHMENT L
4
ATTACHMENT M
ATTACHMENT M
ATTACHMENT M
ATTACHMENT M
ATTACHMENT M
ATTACHMENT M6
ATTACHMENT M7
ATTACHMENT M8
ATTACHMENT M9
ATTACHMENT M10
PUBLIC EMPLOYEES UNION LOCAL ONE
SUBJECT INDEX
Accrual During Leave Without Pay (Sick Leave) .......................................................... 48
Accrual During Leave Without Pay (Vacation Leave) .................................................. 39
Administration of Sick Leave ........................................................................................ 42
Adoption ....................................................................................................................... 98
Advance Notice .............................................................................................................. 8
Agency Shop .................................................................................................................. 4
Aggregate Use for Spouses ......................................................................................... 54
Agriculture – Animal Services Unit ............................................................................... 99
Americans with Disabilities Act (ADA) ............................................................................ 9
Anniversary Dates ........................................................................................................ 12
Assignment of Classes to Bargaining Units ................................................................... 8
Attendance at Meetings ................................................................................................. 9
Automated Time Keeping Implementation ................................................................... 20
Bilingual Pay ................................................................................................................ 83
Bridged Service Time ................................................................................................... 39
Building Trades Unit ................................................................................................... 104
Call Back Time ............................................................................................................. 23
Canine Inspection Program (Agriculture Department) ............................................... 100
Catastrophic Leave Bank ............................................................................................. 48
Charge for Use of Home Garaged County Vehicle ...................................................... 87
Child Care .................................................................................................................... 68
Coerced Resignations .................................................................................................. 75
Communicating With Employees ................................................................................... 7
Community Services Bureau Unit .............................................................................. 107
Commuter Benefit Program ......................................................................................... 87
Computer Vision Care (CVC) Users Eye Exam ........................................................... 85
Compensation Complaints ........................................................................................... 82
Compensation for Loss or Damage to Personal Property ............................................ 89
Compensation for Portion of Month ............................................................................. 13
Compensatory Time ..................................................................................................... 20
Competitive Exam ........................................................................................................ 71
Constructive Resignation ............................................................................................. 74
Coverage During Absences ......................................................................................... 68
Credits to and Charges Against Sick Leave ................................................................. 39
Days and Hours of Work .............................................................................................. 19
Deferred Compensation – Special Benefits ................................................................. 17
Deferred Compensation – Loan Provisions.................................................................. 18
Dependent Care Assistance Program .......................................................................... 67
Detention Facility Meals ............................................................................................... 90
Disability ....................................................................................................................... 44
Dismissal, Suspension, Temporary Reduction In Pay, and Demotion ......................... 75
Page 1 of 5
Dual Coverage ............................................................................................................. 65
Dues Deduction .............................................................................................................. 4
Dues Form ..................................................................................................................... 6
Duration of Agreement ................................................................................................. 99
Effective Resignation ................................................................................................... 74
Employee Representation Rights ................................................................................. 78
Entrance Salary ............................................................................................................ 12
Expedited Board of Adjustment (Step 5) ...................................................................... 80
Fair Labor Standards Act Provisions ............................................................................ 99
Family Care Leave or Medical Leave ........................................................................... 54
Family Member Eligibility Criteria ................................................................................. 64
Flexible Staffing ............................................................................................................ 88
Furlough Days Without Pay (VTO) ............................................................................... 53
General Wages ............................................................................................................ 11
Grievance Procedure ................................................................................................... 78
Group Health Plan Coverage ....................................................................................... 56
Harassment .................................................................................................................. 91
Hazard Pay .................................................................................................................. 92
Health Benefit Coverage for Employees Not Otherwise Covered ................................ 68
Health Care Oversight Committee ............................................................................... 68
Health Care Spending Account .................................................................................... 67
Health Examination ...................................................................................................... 93
Health Plan Coverages ................................................................................................ 59
Health Plan Coverages and Provisions ........................................................................ 63
Health Savings Account ............................................................................................... 67
Holiday and Compensatory Time Provisions ............................................................... 34
Holidays ....................................................................................................................... 29
Increments Within Range ............................................................................................. 13
Investigative Unit ........................................................................................................ 111
Jury Duty ...................................................................................................................... 58
Layoff During Probation ............................................................................................... 70
Layoff Notice ................................................................................................................ 28
Length of Suspension .................................................................................................. 77
Leave of Absence ........................................................................................................ 52
Leave of Absence Replacement and Reinstatement ................................................... 57
Leave of Absence Return ............................................................................................. 57
Leave Without Pay ....................................................................................................... 52
Leave Without Pay – Use of Accruals .......................................................................... 56
Length of Service Definition (For Service Awards and Vacation Accruals) .................. 91
Library Unit ................................................................................................................. 111
Life Insurance Benefit Under Health and Dental Plans ................................................ 66
Lump Sum .................................................................................................................... 11
Lunch Period ................................................................................................................ 93
Page 2 of 5
Maintenance of Membership .......................................................................................... 6
Merit Board ................................................................................................................... 82
Medical, Dental, & Life Insurance ................................................................................ 59
Medical Plan Cost-Sharing with Active Employees on and after July 1, 2016 ............. 65
Mileage ......................................................................................................................... 87
Military Leave ............................................................................................................... 53
Monthly Premium Subsidy............................................................................................ 60
No Discrimination/Americans With Disabilities Act (ADA) .............................................. 9
On-Call Duty ................................................................................................................. 23
Open Exam .................................................................................................................. 71
Overtime ....................................................................................................................... 20
Overtime Compensatory Time ..................................................................................... 21
Partial Month ................................................................................................................ 68
Part-Time Compensation ............................................................................................. 13
Payment (Pay Warrants) .............................................................................................. 17
Pay for Work in Higher Classification ........................................................................... 16
Pay Warrant Errors ...................................................................................................... 87
Performance Evaluation Procedures ........................................................................... 85
Permanent-Intermittent Employee Special Pays and Benefits ..................................... 91
Permanent Part-Time Employee Benefits .................................................................... 91
Personnel Files ............................................................................................................ 88
Personnel Management Regulations ........................................................................... 98
PERS Long-Term Care ................................................................................................ 67
Policies Governing the Use of Paid Sick Leave ........................................................... 40
Position Reclassification .............................................................................................. 13
Pregnancy Disability Leave .......................................................................................... 56
Premium Conversion Plan ........................................................................................... 67
Probationary Period ..................................................................................................... 69
Permanent-Intermittent Employees .............................................................................. 35
Promotion ..................................................................................................................... 71
Promotion Policy .......................................................................................................... 71
Promotion via Reclassification Without Examination ................................................... 71
Rate Information........................................................................................................... 68
Reassignment Due to Layoff or Displacement ............................................................. 73
Reassignment of Laid Off Employees .......................................................................... 29
Reassignment of Work Location .................................................................................. 73
Rehabilitation Program ................................................................................................. 48
Reimbursement for Meal Expenses ............................................................................. 90
Reinstatement From Family Care/Medical Leave ........................................................ 57
Reimbursement for Use of Personal Vehicle ............................................................... 87
Rejection During Probation .......................................................................................... 69
Rejection During Probation of Layoff Employee........................................................... 71
Release Time for Examinations ................................................................................... 72
Release Time for Physical Examination ....................................................................... 72
Page 3 of 5
Resignations ................................................................................................................ 74
Rest Breaks .................................................................................................................. 93
Retirement Benefit (Non-Safety) .................................................................................. 83
Retirement Contribution ............................................................................................... 83
Retirement Coverage ................................................................................................... 61
Revocation ................................................................................................................... 75
Safety in the Workplace ............................................................................................... 99
Safety Shoes and Prescription Safety Eyeglasses ...................................................... 84
Salaries ........................................................................................................................ 11
Salary on Involuntary Demotion ................................................................................... 15
Salary on Promotion ..................................................................................................... 14
Salary on Transfer ........................................................................................................ 15
Salary on Voluntary Demotion...................................................................................... 15
Salary Reallocation & Salary on Reallocation .............................................................. 14
Salary Review While on Leave of Absence ................................................................. 57
Scope of Agreement .................................................................................................... 98
Section 18 of 1977-79 MOU ........................................................................................... 9
Seniority Credits ........................................................................................................... 72
Separability of Provisions ............................................................................................. 98
Separation Through Layoff ........................................................................................... 25
Service Awards ............................................................................................................ 90
Shift Differential ............................................................................................................ 23
Shop Stewards & Official Representatives ..................................................................... 9
Sick Leave .................................................................................................................... 39
Skelly Requirements .................................................................................................... 79
Special Employment Lists ............................................................................................ 28
State Disability Insurance (SDI) ................................................................................... 50
Straight Time Pay and Straight Time Compensatory Time .......................................... 22
Strike/Work Stoppage .................................................................................................. 82
Sufficient Cause for Action ........................................................................................... 75
Temporary Employees ................................................................................................. 93
Time Reporting/Time Stamping ................................................................................... 20
Training Reimbursement .............................................................................................. 84
Transfer & Reassignment ............................................................................................ 72
Transfer Policy ............................................................................................................. 73
Unauthorized Absence ................................................................................................. 58
Union Notification ......................................................................................................... 82
Union Recognition .......................................................................................................... 4
Union Representatives ................................................................................................. 10
Union Security ................................................................................................................ 4
Union-Sponsored Training Programs ........................................................................... 10
Unit Items ..................................................................................................................... 99
Use of County Buildings ................................................................................................. 7
Page 4 of 5
Vacation Accrual Rates ................................................................................................ 36
Vacation Allowance ...................................................................................................... 35
Vacation Allowance for Separated Employees ............................................................ 39
Vacation Leave ............................................................................................................ 35
Vacation Leave on Reemployment From a Layoff List................................................. 36
Vacation Preference ..................................................................................................... 39
Voluntary Vision Plan ................................................................................................... 67
Withdrawal of Membership............................................................................................. 6
Witness Duty ................................................................................................................ 59
Workers’ Compensation ............................................................................................... 46
Workforce Reduction ................................................................................................... 24
Workforce Reduction/Layoff/Reassignment ................................................................. 24
Written Statement for New Employees .......................................................................... 8
Page 5 of 5
Page 1 of 5
PUBLIC EMPLOYEES UNION LOCAL ONE
SUBJECT INDEX
Accrual During Leave Without Pay (Sick Leave) .......................................................... 48
Accrual During Leave Without Pay (Vacation Leave) .................................................. 39
Administration of Sick Leave ........................................................................................ 42
Adoption ....................................................................................................................... 98
Advance Notice .............................................................................................................. 8
Agency Shop .................................................................................................................. 4
Aggregate Use for Spouses ......................................................................................... 54
Agriculture – Animal Services Unit ............................................................................... 99
Americans with Disabilities Act (ADA) ............................................................................ 9
Anniversary Dates ........................................................................................................ 12
Assignment of Classes to Bargaining Units ................................................................... 8
Attendance at Meetings ................................................................................................. 9
Automated Time Keeping Implementation ................................................................... 20
Bilingual Pay ................................................................................................................ 83
Bridged Service Time ................................................................................................... 39
Building Trades Unit ................................................................................................... 104
Call Back Time ............................................................................................................. 23
Canine Inspection Program (Agriculture Department) ............................................... 100
Catastrophic Leave Bank ............................................................................................. 48
Charge for Use of Home Garaged County Vehicle ...................................................... 87
Child Care .................................................................................................................... 68
Coerced Resignations .................................................................................................. 75
Communicating With Employees ................................................................................... 7
Community Services Bureau Unit .............................................................................. 107
Commuter Benefit Program ......................................................................................... 87
Computer Vision Care (CVC) Users Eye Exam ........................................................... 85
Compensation Complaints ........................................................................................... 82
Compensation for Loss or Damage to Personal Property ............................................ 89
Compensation for Portion of Month ............................................................................. 13
Compensatory Time ..................................................................................................... 20
Competitive Exam ........................................................................................................ 71
Constructive Resignation ............................................................................................. 74
Coverage During Absences ......................................................................................... 68
Credits to and Charges Against Sick Leave ................................................................. 39
Days and Hours of Work .............................................................................................. 19
Deferred Compensation – Special Benefits ................................................................. 17
Deferred Compensation – Loan Provisions.................................................................. 18
Dependent Care Assistance Program .......................................................................... 67
Detention Facility Meals ............................................................................................... 90
Disability ....................................................................................................................... 44
Dismissal, Suspension, Temporary Reduction In Pay, and Demotion ......................... 75
Page 2 of 5
Dual Coverage ............................................................................................................. 65
Dues Deduction .............................................................................................................. 4
Dues Form ..................................................................................................................... 6
Duration of Agreement ................................................................................................. 99
Effective Resignation ................................................................................................... 74
Employee Representation Rights ................................................................................. 78
Entrance Salary ............................................................................................................ 12
Expedited Board of Adjustment (Step 5) ...................................................................... 80
Fair Labor Standards Act Provisions ............................................................................ 99
Family Care Leave or Medical Leave ........................................................................... 54
Family Member Eligibility Criteria ................................................................................. 64
Flexible Staffing ............................................................................................................ 88
Furlough Days Without Pay (VTO) ............................................................................... 53
General Wages ............................................................................................................ 11
Grievance Procedure ................................................................................................... 78
Group Health Plan Coverage ....................................................................................... 56
Harassment .................................................................................................................. 91
Hazard Pay .................................................................................................................. 92
Health Benefit Coverage for Employees Not Otherwise Covered ................................ 68
Health Care Oversight Committee ............................................................................... 68
Health Care Spending Account .................................................................................... 67
Health Examination ...................................................................................................... 93
Health Plan Coverages ................................................................................................ 59
Health Plan Coverages and Provisions ........................................................................ 63
Health Savings Account ............................................................................................... 67
Holiday and Compensatory Time Provisions ............................................................... 34
Holidays ....................................................................................................................... 29
Increments Within Range ............................................................................................. 13
Investigative Unit ........................................................................................................ 111
Jury Duty ...................................................................................................................... 58
Layoff During Probation ............................................................................................... 70
Layoff Notice ................................................................................................................ 28
Length of Suspension .................................................................................................. 77
Leave of Absence ........................................................................................................ 52
Leave of Absence Replacement and Reinstatement ................................................... 57
Leave of Absence Return ............................................................................................. 57
Leave Without Pay ....................................................................................................... 52
Leave Without Pay – Use of Accruals .......................................................................... 56
Length of Service Definition (For Service Awards and Vacation Accruals) .................. 91
Library Unit ................................................................................................................. 111
Life Insurance Benefit Under Health and Dental Plans ................................................ 66
Longevity Pay ............................................................................................................... 11
Lump Sum .................................................................................................................... 11
Lunch Period ................................................................................................................ 93
Page 3 of 5
Maintenance of Membership .......................................................................................... 6
Merit Board ................................................................................................................... 82
Medical, Dental, & Life Insurance ................................................................................ 59
Medical Plan Cost-Sharing with Active Employees on and after July 1, 2016 ............. 65
Mileage ......................................................................................................................... 87
Military Leave ............................................................................................................... 53
Monthly Premium Subsidy............................................................................................ 60
No Discrimination/Americans With Disabilities Act (ADA) .............................................. 9
On-Call Duty ................................................................................................................. 23
Open Exam .................................................................................................................. 71
Overtime ....................................................................................................................... 20
Overtime Compensatory Time ..................................................................................... 21
Partial Month ................................................................................................................ 68
Part-Time Compensation ............................................................................................. 13
Payment (Pay Warrants) .............................................................................................. 17
Pay for Work in Higher Classification ........................................................................... 16
Pay Warrant Errors ...................................................................................................... 87
Performance Evaluation Procedures ........................................................................... 85
Permanent-Intermittent Employee Special Pays and Benefits ..................................... 91
Permanent Part-Time Employee Benefits .................................................................... 91
Personnel Files ............................................................................................................ 88
Personnel Management Regulations ........................................................................... 98
PERS Long-Term Care ................................................................................................ 67
Policies Governing the Use of Paid Sick Leave ........................................................... 40
Position Reclassification .............................................................................................. 13
Pregnancy Disability Leave .......................................................................................... 56
Premium Conversion Plan ........................................................................................... 67
Probationary Period ..................................................................................................... 69
Permanent-Intermittent Employees .............................................................................. 35
Promotion ..................................................................................................................... 71
Promotion Policy .......................................................................................................... 71
Promotion via Reclassification Without Examination ................................................... 71
Rate Information........................................................................................................... 68
Reassignment Due to Layoff or Displacement ............................................................. 73
Reassignment of Laid Off Employees .......................................................................... 29
Reassignment of Work Location .................................................................................. 73
Rehabilitation Program ................................................................................................. 48
Reimbursement for Meal Expenses ............................................................................. 90
Reinstatement From Family Care/Medical Leave ........................................................ 57
Reimbursement for Use of Personal Vehicle ............................................................... 87
Rejection During Probation .......................................................................................... 69
Rejection During Probation of Layoff Employee........................................................... 71
Release Time for Examinations ................................................................................... 72
Release Time for Physical Examination ....................................................................... 72
Page 4 of 5
Resignations ................................................................................................................ 74
Rest Breaks .................................................................................................................. 93
Retirement Benefit (Non-Safety) .................................................................................. 83
Retirement Contribution ............................................................................................... 83
Retirement Coverage ................................................................................................... 61
Revocation ................................................................................................................... 75
Safety in the Workplace ............................................................................................... 99
Safety Shoes and Prescription Safety Eyeglasses ...................................................... 84
Salaries ........................................................................................................................ 11
Salary on Involuntary Demotion ................................................................................... 15
Salary on Promotion ..................................................................................................... 14
Salary on Transfer ........................................................................................................ 15
Salary on Voluntary Demotion...................................................................................... 15
Salary Reallocation & Salary on Reallocation .............................................................. 14
Salary Review While on Leave of Absence ................................................................. 57
Scope of Agreement .................................................................................................... 98
Section 18 of 1977-79 MOU ........................................................................................... 9
Seniority Credits ........................................................................................................... 72
Separability of Provisions ............................................................................................. 98
Separation Through Layoff ........................................................................................... 25
Service Awards ............................................................................................................ 90
Shift Differential ............................................................................................................ 23
Shop Stewards & Official Representatives ..................................................................... 9
Sick Leave .................................................................................................................... 39
Skelly Requirements .................................................................................................... 79
Special Employment Lists ............................................................................................ 28
State Disability Insurance (SDI) ................................................................................... 50
Straight Time Pay and Straight Time Compensatory Time .......................................... 22
Strike/Work Stoppage .................................................................................................. 82
Sufficient Cause for Action ........................................................................................... 75
Temporary Employees ................................................................................................. 93
Time Reporting/Time Stamping ................................................................................... 20
Training Reimbursement .............................................................................................. 84
Transfer & Reassignment ............................................................................................ 72
Transfer Policy ............................................................................................................. 73
Unauthorized Absence ................................................................................................. 58
Union Notification ......................................................................................................... 82
Union Recognition .......................................................................................................... 4
Union Representatives ................................................................................................. 10
Union Security ................................................................................................................ 4
Union-Sponsored Training Programs ........................................................................... 10
Unit Items ..................................................................................................................... 99
Use of County Buildings ................................................................................................. 7
Page 5 of 5
Vacation Accrual Rates ................................................................................................ 36
Vacation Allowance ...................................................................................................... 35
Vacation Allowance for Separated Employees ............................................................ 39
Vacation Leave ............................................................................................................ 35
Vacation Leave on Reemployment From a Layoff List................................................. 36
Vacation Preference ..................................................................................................... 39
Voluntary Vision Plan ................................................................................................... 67
Wages .......................................................................................................................... 11
Withdrawal of Membership............................................................................................. 6
Witness Duty ................................................................................................................ 59
Workers’ Compensation ............................................................................................... 46
Workforce Reduction ................................................................................................... 24
Workforce Reduction/Layoff/Reassignment ................................................................. 24
Written Statement for New Employees .......................................................................... 8
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES UNION, LOCAL ONE
CSB – SITE SUPERVISOR UNIT
JULY 1, 2016 – JUNE 30, 2019
PUBLIC EMPLOYEES UNION, LOCAL ONE
CSB - SITE SUPERVISOR UNIT
TABLE OF CONTENTS
SECTION 1 RECOGNITION ............................................................................... 4
SECTION 2 UNION SECURITY
2.1 Dues Deduction .............................................................................. 4
2.2 Maintenance of Membership ........................................................... 4
2.3 Union Dues Form ............................................................................ 4
2.4 Withdrawal of Membership ............................................................. 5
2.5 Agency Shop ................................................................................... 5
2.6 Communicating With Employees .................................................... 7
2.7 Use of County Buildings .................................................................. 7
2.8 Advance Notice ............................................................................... 8
2.9 Assignment of Classes to Bargaining Units .................................... 8
2.10 Written Statement for New Employees ........................................... 9
2.11 Additional Information ..................................................................... 9
SECTION 3 NO DISCRIMINATION AND AMERICANS
WITH DISABILITIES ACT (ADA) .................................................... 9
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings .................................................................. 9
4.2 Union Representatives .................................................................. 10
4.3 Release Time for Training ............................................................. 10
SECTION 5 SALARIES
5.1 General Wages ............................................................................ 11
5.2 Entrance Salary ............................................................................ 12
5.3 Certification Rule ........................................................................... 12
5.4 Anniversary Dates ......................................................................... 12
5.5 Increments Within Range .............................................................. 13
5.6 Compensation for Portion of Month .............................................. 13
5.7 Position Reclassification ............................................................... 13
5.8 Salary Reallocation Salary on Reallocation ................................. 14
5.9 Salary on Promotion ..................................................................... 14
5.10 Salary on Involuntary Demotion .................................................... 15
5.11 Salary on Voluntary Demotion ...................................................... 15
5.12 Transfer ......................................................................................... 15
5.13 Pay for Work in Higher Classification ............................................ 15
5.14 Payment ........................................................................................ 16
5.15 Pay Warrant Errors ....................................................................... 17
Page 1 of 5
SECTION 6 DAYS & HOURS OF WORK
6.1 Regular Work Schedule ................................................................ 17
6.2 Workweek For Employees on Regular Work Schedule ................ 17
6.3 Automated Timekeeping Implementation ..................................... 18
6.4 Time Reporting/Time Stamping .................................................... 18
SECTION 7 ANNUAL ADMINISTRATIVE LEAVE ........................................... 18
SECTION 8 SECTION INTENTIONALLY LEFT BLANK ................................. 18
SECTION 9 WORKFORCE REDUCTION AND LAYOFF
9.1 Workforce Reduction .................................................................... 18
9.2 Separation Through Layoff ........................................................... 19
9.3 Notice ............................................................................................ 22
9.4 Special Employment Lists ............................................................. 22
9.5 Reassignment of Laid Off Employees ........................................... 22
SECTION 10 HOLIDAYS
10.1 Holidays Observed ........................................................................ 23
10.2 Floating Holidays ........................................................................... 23
10.3 Holiday is NOT Worked and Holiday
Falls on Regularly Scheduled Work Day ....................................... 23
SECTION 11 VACATION LEAVE
11.1 Vacation Allowance ....................................................................... 24
11.2 Vacation Accrual Rates ................................................................. 24
11.3 Accrual During Leave Without Pay ............................................... 26
11.4 Vacation Allowance for Separated Employees ............................. 26
11.5 Vacation Buy Back ........................................................................ 26
SECTION 12 SICK LEAVE
12.1 Purpose of Sick Leave .................................................................. 27
12.2 Credits To & Charges Against Sick Leave .................................... 27
12.3 Policies Governing Use of Paid Sick Leave .................................. 27
12.4 Administration of Sick Leave ......................................................... 30
12.5 Disability ........................................................................................ 31
12.6 Accrual During Leave Without Pay ............................................... 33
12.7 Confidentiality of Information/Records .......................................... 34
SECTION 13 WORKERS’ COMPENSATION & CONTINUING PAY
13.1 Workers’ Compensation ................................................................ 34
13.2 Waiting Period............................................................................... 34
13.3 Continuing Pay .............................................................................. 34
13.4 Physician Visits ............................................................................. 35
13.5 Applicable Pay Beyond One Year ................................................. 35
13.6 Rehabilitation Integration .............................................................. 35
13.7 Health Insurance ........................................................................... 35
Page 2 of 5
SECTION 14 STATE DISABILITY INSURANCE (SDI)
14.1 General Provisions ........................................................................ 35
14.2 Procedures .................................................................................... 36
14.3 Method of Integration .................................................................... 36
14.4 Definition ....................................................................................... 37
14.5 Election and Practice .................................................................... 37
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design ............................................................................ 37
15.2 Operation ...................................................................................... 37
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay ........................................................................ 39
16.2 General Administration - Leaves of Absence ................................ 39
16.3 Furlough Days Without Pay .......................................................... 40
16.4 Military Leave ................................................................................ 40
16.5 Family Care Leave or Medical Leave ............................................ 41
16.6 Certification ................................................................................... 41
16.7 Intermittent Use of Leave .............................................................. 41
16.8 Aggregate Use for Spouse ............................................................ 41
16.9 Definitions ..................................................................................... 41
16.10 Pregnancy Disability Leave ........................................................... 43
16.11 Group Health Plan Coverage ........................................................ 43
16.12 Leave Without Pay – Use of Accruals ........................................... 43
16.13 Leave of Absence Replacement and Reinstatement .................... 44
16.14 Reinstatement From Family Care Medical Leave ......................... 44
16.15 Salary Review While on Leave of Absence .................................. 44
16.16 Unauthorized Absence .................................................................. 44
SECTION 17 JURY DUTY AND WITNESS DUTY
17.1 Jury Duty ....................................................................................... 45
17.2 Witness Duty ................................................................................. 45
SECTION 18 PROBATIONARY PERIOD........................................................... 46
SECTION 19 PROMOTION
19.1 Competitive Examination .............................................................. 46
19.2 Promotion Policy ........................................................................... 47
19.3 Open Exams ................................................................................. 47
SECTION 20 VACANCIES AND REASSIGNMENT
20.1 Reassignment of Work Location ................................................... 47
20.2 Vacancies ..................................................................................... 47
SECTION 21 RESIGNATIONS
21.1 Resignation in Good Standing ...................................................... 47
21.2 Constructive Resignation .............................................................. 47
21.3 Effective Resignation .................................................................... 48
21.4 Revocation .................................................................................... 48
21.5 Coerced Resignations ................................................................... 48
Page 3 of 5
SECTION 22 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
22.1 Sufficient Cause for Action ............................................................ 49
22.2 Skelly Requirements ..................................................................... 50
22.3 Employee Response ..................................................................... 50
22.4 Leave Pending Employee Response ............................................ 51
22.5 Length of Suspension ................................................................... 51
22.6 Procedure on Dismissal, Suspension,
Temporary Reduction in Pay, or Demotion ................................... 51
22.7 Employee Representation Rights .................................................. 51
SECTION 23 GRIEVANCE PROCEDURE
23.1 Definition and Procedure .............................................................. 52
23.2 Step 5. Expedited Board of Adjustment ........................................ 53
23.3 Scope of Arbitration Decisions, and
Expedited Board of Adjustment .................................................... 55
23.4 Time Limits .................................................................................... 55
23.5 Union Notification .......................................................................... 55
23.6 Compensation Complaints ............................................................ 55
23.7 Strike/Work Stoppage ................................................................... 56
23.8 Merit Board ................................................................................... 56
23.9 Filing by Union .............................................................................. 56
23.10 Disqualification from Taking an Exam ........................................... 56
23.11 Letters of Reprimand .................................................................... 56
SECTION 24 SPECIAL PROVISIONS
24.1 Longevity Pay ................................................................................ 56
24.2 Deferred Compensation Incentive................................................. 56
24.3 Training ......................................................................................... 59
24.4 Professional Development Reimbursement .................................. 59
24.5 Management Life Insurance ......................................................... 59
24.6 Safety Committee ......................................................................... 59
SECTION 25 BILINGUAL PAY DIFFERENTIAL ................................................ 59
SECTION 26 MEDICAL, DENTAL, & LIFE INSURANCE
26.1 Health Plan Coverages ................................................................. 60
26.2 Monthly Premium Subsidy ............................................................ 60
26.3 Retirement Coverage .................................................................... 62
26.4 Health Plan Coverages and Provisions ......................................... 64
26.5 Family Member Eligibility Criteria .................................................. 64
26.6 Dual Coverage .............................................................................. 65
26.7 Medical Plan Cost-Sharing with Active EE’s on and after 7/1/16 .. 66
26.8 Life Insurance Benefit Under Health and Dental Plans ................. 67
26.9 Supplemental Life Insurance ........................................................ 67
26.10 Health Care Spending Account ..................................................... 67
26.11 PERS Long-Term Care ................................................................. 67
26.12 Voluntary Vision Plan .................................................................... 67
Page 4 of 5
26.13 Health Savings Account ................................................................ 68
26.14 Dependent Care Assistance Program ........................................... 68
26.15 Premium Conversion Plan ............................................................ 68
26.16 Prevailing Section ......................................................................... 68
26.17 Rate Information ........................................................................... 68
26.18 Partial Month ................................................................................. 68
26.19 Coverage During Absences .......................................................... 69
26.20 Child Care ..................................................................................... 69
26.21 Health Benefit Coverage for Employees Not Otherwise Covered . 69
SECTION 27 MILEAGE
27.1 Reimbursement for Use of Personal Vehicle ................................ 69
27.2 Commuter Benefit Program .......................................................... 69
SECTION 28 RETIREMENT CONTRIBUTION
28.1 Contribution ................................................................................... 70
28.2 Retirement Benefit Non-Safety Employees who become
New Members of CCCERA on or After January 1, 2013 .............. 70
SECTION 29 PERSONNEL FILES ..................................................................... 70
SECTION 30 SERVICE AWARDS ..................................................................... 71
SECTION 31 ADOPTION ................................................................................... 71
SECTION 32 SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISIONS
32.1 Scope of Agreement ..................................................................... 71
32.2 Separability of Provisions .............................................................. 71
32.3 Personnel Management Regulations ............................................ 72
32.4 Duration of Agreement .................................................................. 72
ATTACHMENTS
Page 5 of 5
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 of Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Union is the
recognized representative, have freely exchanged information, opinions and proposals
and have endeavored to reach agreement on all matters relating to the employment
conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of Contra Costa County as the joint recommendations of the
undersigned for salary and employee benefit adjustments for the term set forth herein.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES UNION, LOCAL ONE
CSB - SITE SUPERVISOR UNIT
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 an employee to another position in a class allocated to a
salary range for which the top step is lower than the top step of the class which the
employee formerly occupied except as provided for under "Transfer" or as otherwise
provided for in this MOU, or in the Personnel Management Regulations.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given class.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons who have been found qualified for employment in a
specific class.
Layoff List: A list of persons who have occupied positions allocated to a class and who
have been involuntarily separated by layoff or displacement, or demoted by
displacement, or have voluntarily demoted in lieu of layoff or displacement, or have
transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time basis.
LOCAL NO. 1, CSB-SITE SUPERVISOR -2- 2016-2019
DEFINITIONS
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
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 employees are not
covered by the Merit System.
Promotion: The change of an employee to another position in a class allocated to a
salary range for which the top step is higher than the top step of the class which the
employee formerly occupied, except as provided for under "Transfer" or as otherwise
provided for in this MOU, or in the Personnel Management Regulations.
Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five percent (5%) of the top step, except as otherwise
provided for in the Personnel Management Regulations, or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to class
and, who have voluntarily separated and are qualified for consideration for
reappointment under the Personnel Management Regulations governing reemployment.
Resignation: The voluntary termination of employment with the County.
Temporary Employment: Any employment which will require the services of an
incumbent for a limited period of time, paid on an hourly basis, not in an allocated
position or in permanent status.
Transfer: The change of an employee to another position in a class which is allocated
to a range on the salary plan that is within five percent (5%) at top step as the class
previously occupied by the employee.
LOCAL NO. 1, CSB-SITE SUPERVISOR -3- 2016-2019
Union: Public Employees Union, Local One
SECTION 1 - RECOGNITION
SECTION 1 - RECOGNITION
The Union is the formally recognized employee organization for the Community
Services Bureau – Site Supervisor Unit. The Union has been certified as such,
pursuant to Chapter 34-12 of Contra Costa County Board of Supervisors’ Resolution
81/1165. Represented classes in this unit are:
Site Supervisor I – Project (CJH2)
Site Supervisor II – Project (CJG1)
Site Supervisor III – Project (CJF1)
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165, only
a majority representative may have dues deduction and as such the Union has the
exclusive privilege of dues deduction for all members in its unit.
2.2 Maintenance of Membership. All employees in the Community Services
Bureau - Site Supervisor Unit, represented by the Union, who are currently paying dues
to the Union and all employees in such unit who hereafter become members of the
Union shall as a condition of continued employment pay dues to the Union for the
duration of this MOU and each year thereafter so long as the Union continues to
represent the class to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.4 – Withdrawal
of Membership.
2.3 Union Dues Form. Employees hired into classifications represented by the
Union shall, as a condition of employment at the time of employment, complete a Union
Dues Authorization Card provided by the Union and shall have deducted from their
paychecks the membership dues of the Union. Said employees shall have thirty (30)
days from the date of hire to decide if they do not want to become a member of the
Union. Such decision, not to become a member of the Union, must be made in writing
to the Auditor-Controller with a copy to the Labor Relations Division within said thirty
(30) day period. If the employee decides not to become a member of the Union, any
Union dues previously deducted from the employee’s paycheck shall be returned to the
employee and said amount shall be deducted from the next dues deduction check sent
to the Union. If the employee does not notify the County in writing of the decision not to
become a member within the thirty (30) day period, s/he shall be deemed to have
voluntarily agreed to pay the dues of the Union.
Each such dues authorization form referenced above shall include a statement that the
Union and the County have entered into an MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition of employment and that such
authorization may be revoked within the first thirty (30) days of employment upon proper
written notice by the employee, within said thirty (30) day period as set forth above.
Each such employee shall, upon completion of the authorization form, receive a copy of
LOCAL NO. 1, CSB-SITE SUPERVISOR -4- 2016-2019
SECTION 2 - UNION SECURITY
said authorization form which shall be deemed proper notice of his or her right to revoke
said authorization.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Office in
writing, between August 1 and August 31, any employee assigned to a classification in
the CSB Site Supervisor Unit may withdraw from Union membership and discontinue
paying dues as of the payroll period commencing September 1st; discontinuance of
dues payments to then be reflected in the October 10th paycheck. Immediately upon
the close of the above-mentioned thirty (30) day period the Auditor-Controller shall
submit to the Union a list of the employees who have rescinded their authorization for
dues deduction.
2.5 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non-discriminatory
representation to all employees in all classes in the units for which this section is
applicable regardless of whether they are members of the 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 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
2.5.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 month from the date it is approved and annually thereafter, and
LOCAL NO. 1, CSB-SITE SUPERVISOR -5- 2016-2019
SECTION 2 - UNION SECURITY
as a condition to any change in the agency shop fee. Failure by an employee 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 2.5.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 Human Resources Director with copies of
the financial report which the Union annually files with the California Public
Employee Relations Board. Such report shall be available to employees in the
unit. Failure to file such a report within sixty (60) days after the end of its fiscal
year shall result in the termination of all agency shop fee deductions without
jeopardy to any employee, until said report is filed, and upon mutual agreement,
this time limit may be extended to one hundred twenty (120) days.
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 card 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 2.5.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 following the adoption of this MOU by the
County Board of Supervisors.
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 2.2 and 2.4 shall apply to dues-
paying members of the Union.
LOCAL NO. 1, CSB-SITE SUPERVISOR -6- 2016-2019
SECTION 2 - UNION SECURITY
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 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
LOCAL NO. 1, CSB-SITE SUPERVISOR -7- 2016-2019
SECTION 2 - UNION SECURITY
scheduled for duty;
e.the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Union shall maintain proper order at the meeting and see
that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings such as desks, chairs, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.8 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 within the scope of representation proposed to be adopted by the Board, or
boards and commissions designated by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.9 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Labor Relations
Manager shall review the composition of existing representation units to
determine the appropriateness of including some or all of the employees in the
new Class in one or more existing representation units, and within a reasonable
period of time, shall notify all recognized employee organizations of his or her
determination.
B. Final Determination. This determination is final unless, within ten (10) days after
notification, a recognized employee organization requests in writing to meet and
confer thereon.
C. Meet and Confer and Other Steps. The Labor Relations Manager shall meet and
confer with such requesting organizations (and with other recognized employee
organizations where appropriate) to seek agreement on this matter within sixty
(60) days after the ten-day period in Subsection B, unless otherwise mutually
agreed. Thereafter, the procedures in cases of agreement and disagreement,
arbitration referral and expenses, and criteria for determination shall conform to
LOCAL NO. 1, CSB-SITE SUPERVISOR -8- 2016-2019
SECTION 3 - NO DISCRIMINATION AND AMERICANS WITH
DISABILITIES ACT (ADA)
those in Subsections (d) through (i) of Section 34-12.008 of Board Resolution
81/1165.
2.10 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in the bargaining unit, noting
that the employee’s classification is represented by the Union and the name of a
representative of the Union. The County will provide the employee with a packet of
information that has been supplied by the Union and approved by the County. The
County shall provide an opportunity for the Union to make a fifteen (15) minute
presentation at the end of the Human Resources Department’s new employee
orientation meetings.
2.11 Additional Information. Upon written request by the Union and no more than
two times per year, the Department shall provide a list of the names and classifications
of employees that are members of this representation unit.
SECTION 3 - NO DISCRIMINATION AND AMERICANS WITH DISABILITIES ACT
(ADA)
There shall be no discrimination because of sex, race, creed, color, national origin,
sexual orientation or union activities against any employee or applicant for employment
by the County or by anyone employed by the County; and to the extent prohibited by
applicable State and Federal law there shall be no discrimination because of age. There
shall be no discrimination against any disabled person solely because of such disability
unless that disability prevents the person from meeting the minimum standards
established for the position, or from carrying out the duties of the position safely.
The County and the Union recognize that the County has an obligation to reasonably
accommodate disabled employees. If by reason of the aforesaid requirement, the
County contemplates actions to provide reasonable accommodation to an individual
employee in compliance with the Americans with Disabilities Act (ADA) which are in
conflict with any provision of this Agreement, the Union will be advised of such
proposed accommodation. Upon request, the County will meet and confer with the
Union on the impact of such accommodation. If the County and the Union do not reach
agreement, the County may implement the accommodation if required by law without
further negotiations. Nothing in this MOU shall preclude the County from taking actions
necessary to comply with the requirements of the ADA.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official representatives of
the Union shall be allowed to attend meetings held by County agencies during regular
working hours on County time as follows:
LOCAL NO. 1, CSB-SITE SUPERVISOR -9- 2016-2019
SECTION 4 - OFFICIAL REPRESENTATIVES
a.If their attendance is required by the County at a specific meeting;
b.If their attendance is sought by a hearing body or presentation of testimony or
other reasons;
c.if their attendance is required for meeting(s) scheduled at reasonable times,
agreeable to all parties, and required to address appeals filed pursuant to
Section 23 – Grievance Procedure of this MOU;
d.they may utilize a reasonable time at each level of the proceedings to assist an
employee to present a grievance – provided the meetings are scheduled at
reasonable times agreeable to all parties;
e.if they are designated as spokesperson or representative of the Union and as
such make representations or presentations at meetings or hearings on wages,
salaries and working conditions; provided in each case advance arrangements
for time away from the employee's work station or assignment are made with the
appropriate department head or his designee, and the County agency calling the
meeting is responsible for determining that the attendance of the particular
employee(s) is required.
f.Union officials shall advise, as far in advance as possible, their immediate
supervisor, or his/her designee, of their intent to engage in union business. All
arrangements for release time shall include the location, the estimated time
needed and the general nature of the union business involved (e.g. grievance
meeting).
4.2 Union Representatives. Official representatives of the Union shall be allowed
time off on County time for meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the Employee Relations Officer
or his/her designee or other management representatives on matters within the scope
of representation, provided that the number of such representatives shall not exceed
one (1) without prior approval of the Employee Relations Officer or his/her designee,
and that advance arrangements for the time away from the work station or assignment
are made with the appropriate department head or designee.
4.3 Release Time for Training. The County shall provide a maximum of sixteen
(16) total hours per year of release time for official representatives of the Union to
attend Union-sponsored training programs.
Requests for release time shall be provided in writing to the Employee Relations Officer
or his/her designee at least fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each request and notify the affected
employee whether such request is approved, within one (1) week of receipt.
LOCAL NO. 1, CSB-SITE SUPERVISOR -10- 2016-2019
SECTION 5 – SALARIES
SECTION 5 – SALARIES
5.1 General Wages. Because employees in the Community Services Bureau Site
Supervisors Unit receive external State and federal funding for their programs, these
employees are not eligible for general cost of living wage adjustments negotiated
between Local One and the County.
A. Effective 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 July 1, 2017, the base rate of pay for all classifications represented by
the Union will be increased by two percent (2%).
No later than November 1, 2017, or within thirty (30) days of the County’s receipt
of notice concerning the amount of State and Federal grant funding for
Community Services Bureau programs for the following calendar year, the
County shall request to meet and confer with the Union to discuss salary
adjustments for 2018. The amount of salary adjustment and effective date shall
be determined by the Union and County in the meet and confer process.
B. Lump Sum Ratification Payment
1.Permanent Employees. Permanent full-time employees, including project
employees, who meet all of the following criteria will be paid lump sum
ratification payments of one thousand dollars ($1000). 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 ($1000) by the employee’s approved position hours (for
example: $1000 x (20/40)= $500).
2.Permanent-Intermittent Employees. Permanent-intermittent employees
who meet all the following criteria will be paid a lump sum ratification
payment of two hundred dollars ($200).
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.
3.Temporary and per diem employees are not eligible for the ratification
payment.
4.The employee’s lump sum ratification payment will be subject to the
employee’s required deductions, such as taxes, wage garnishments, and
LOCAL NO. 1, CSB-SITE SUPERVISOR -11- 2016-2019
Criteria:
SECTION 5 – SALARIES
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 the 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.
5.3 Certification Rule.
A. Open Employment List. On each request for personnel from an open
employment list, ten (10) names shall be certified. If more than one (1) position is
to be filled in any class in a department at the same time from the same request
for personnel, the number of names to be certified from an open employment list
shall be equal to the number of positions to be filled plus nine (9).
B. Promotional Employment List. On each request for personnel from a promotional
employment list, five (5) names shall be certified. If more than one (1) position is
to be filled in any class in a department at the same time from the same request
for personnel, the number of names to be certified from a promotional
employment list shall be equal to the number of positions to be filled plus four (4).
5.4 Anniversary Dates. Anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) months service; provided however, if an employee began work
on the first regularly scheduled workday of the month, the anniversary date is the
first day of the calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is determined as for
a new employee in Subsection 5.4.A above.
C. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has been
reallocated or reclassified to a class allocated to the same salary range or to a
salary range which is within five percent (5%) of the top step of the previous
classification, remains unchanged.
E. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not required
to serve a probation period is determined in the same way as the anniversary
date is determined for a new employee who is appointed the same date,
LOCAL NO. 1, CSB-SITE SUPERVISOR -12- 2016-2019
SECTION 5 – SALARIES
classification and step, and who then successfully completes the required
probationary period.
5.5 Increments Within Range. The performance of each employee, except
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in Section 5.4 – Anniversary Dates, to
determine whether the salary of the employee shall be advanced to the next higher step
in the salary range. Advancement shall be granted on the affirmative recommendation
of the appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend denial of the increment or denial subject to one
additional review at some specified date before the next anniversary, such date to be
set at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within-range increment be granted at
one time. In case an appointing authority recommends denial of the within range
increment on some particular anniversary date, but recommends a special salary review
at some date before the next anniversary, the special 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 Compensation for Portion of Month. Any employee who works less than any
full calendar month, except when on earned vacation or authorized sick leave, shall
receive as compensation for services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to the actual working days in
such employee's normal work schedule for the particular month.
5.7 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic salary
schedule as is the class of the position before it was reclassified, shall be paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent of
a position which is reclassified to a class which is allocated to a 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -13- 2016-2019
SECTION 5 – SALARIES
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at
the same step in the new salary range the employee was receiving in the range
to which the class was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received
before reallocation to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated from a salary range with more
steps to a salary range with fewer steps on the salary schedule, apart from the
general salary increase or decrease described in 5.8.A above, each incumbent of
a position in the reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In the event that
the steps in the new range do not contain the same rates as the old range, each
incumbent shall be placed at the step of the new range which is next above the
salary rate received in the old range, or if the new range does not contain a
higher step, at the step which is next lower than the salary received in the old
range.
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as, above, or below the salary
range of the employee's previous class, the incumbent shall be placed at the step
in the new class which equals the rate of pay received before reallocation. In the
event that the steps in the range for the new class do not contain the same rates
as the range for the old class, the incumbent shall be placed at the step of the
new range which is next above the salary rate received in the old range; or if the
new range does not contain a higher step, the incumbent shall be placed at the
step which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.9 –
Salary on Promotion.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.11 – Salary on Voluntary Demotion, shall receive the salary in
the new salary range which is next higher than the rate received before promotion. In
the event this increase is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five percent (5%) greater than the
next higher step; provided, however, that the next step shall not exceed the maximum
salary for the higher class. In the event of the appointment of a laid off employee from
LOCAL NO. 1, CSB-SITE SUPERVISOR -14- 2016-2019
SECTION 5 – SALARIES
the layoff list to the class from which the employee was laid off, the employee shall be
appointed at the step which the employee had formerly attained in the higher class
unless such step results in a decrease in which case the employee is appointed to the
next higher step. If however, the employee is being appointed into a class allocated to a
higher salary range than the class from which the employee was laid off, the salary will
be calculated from the highest step the employee achieved prior to layoff, or from the
employee’s current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12 - Transfer, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he/she has been demoted next
lower than the salary received before demotion. In the event this decrease is less than
five percent (5%), the employee's salary shall be adjusted to the step in the new range
which is five percent (5%) less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
he or she demotes, his or her salary shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, new salary shall be set at the step next below
former salary.
5.12 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does not contain a
higher step, the employee shall be placed at the step which is next lower than the salary
received in the old range.
5.13 Pay for Work in Higher Classification. When an employee in this
representation unit is required to work in a classification for which the compensation is
greater than that to which the employee is regularly assigned, the employee shall
receive compensation for such work at the rate of pay established for the higher
classification pursuant to Section 5.9 - Salary on Promotion, 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -15- 2016-2019
SECTION 5 – SALARIES
a.The employee is assigned to a program service, or activity established by the
Board of Supervisors which is reflected in an authorized position which has been
established and assigned to the Salary Schedule.
b.The nature of the departmental assignment is such that the employee in the
lower classification performs a majority of the duties and responsibilities of the
position of the higher classification.
c.Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
d.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.Higher pay assignments shall not exceed six (6) months except through
reauthorization.
f.If approval is granted for pay for work in a higher classification and the
assignment is terminated and later re-approved for the same employee within
one hundred eighty (180) days no additional waiting period will be required.
g.Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential) accruing to the employee in his/her regular position shall
continue.
h.During the period of work for higher pay in a higher classification, an employee
will retain his/her regular classification, and anniversary and salary review dates
will be determined by time in that classification; except that if the period of work
for higher pay in a higher classification exceeds one (1) year continuous
employment, the employee, upon satisfactory performance in the higher
classification, shall be eligible for a salary review in that class on his/her next
anniversary date. Notwithstanding any other salary regulations, the salary step
placement of employees appointed to the higher class immediately following
termination of the assignment, shall remain unchanged.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided, however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the employee's
option, of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
LOCAL NO. 1, CSB-SITE SUPERVISOR -16- 2016-2019
SECTION 6 – DAYS AND HOURS OF WORK
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.
5.15 Pay Warrant Errors. If an employee receives a pay warrant which has an error
in the amount of compensation to be received and if this error occurred as a result of a
mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new warrant issued within forty-eight
(48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department
is made aware of and verifies that the pay warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current pay
rate but that no recovery of either overpayments or underpayments to an employee
shall be made retroactively except for the six (6) month period immediately preceding
discovery of the pay error. This provision shall apply regardless of whether the error
was made by the employee, the appointing authority or designee, the Director of Human
Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently
accrued over or underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and proposed repayment
schedule, 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.
If requested by the employee, a Union representative may be present at a meeting with
management to discuss a repayment schedule in the case of overpayments to the
employee.
SECTION 6 – DAYS AND HOURS OF WORK
6.1 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.
6.2 Workweek For Employees on Regular Work Schedule: For employees who
work the regular work schedule, the workweek begins at 12:01 a.m. on Monday and
ends at 12 midnight on Sunday.
LOCAL NO. 1, CSB-SITE SUPERVISOR -17- 2016-2019
SECTION 7 – ANNUAL ADMINISTRATIVE LEAVE
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 – ANNUAL ADMINISTRATIVE LEAVE
Site Supervisors shall continue to be credited with sixty (60) hours of paid administrative
leave each January 1st. This leave time is non-accruable and all balances will be
zeroed-out effective December 31, each year. Employees hired after January 1 shall
have such leave prorated based upon position hours.
This administrative leave is provided in recognition of those situations when Site
Supervisors are expected to work additional hours without receiving overtime pay, such
as when responding to emergencies, attending various meetings and administering the
program.
SECTION 8 –SECTION INTENTIONALLY LEFT BLANK
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
9.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the union and take the following actions:
A. Identify the 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
LOCAL NO. 1, CSB-SITE SUPERVISOR -18- 2016-2019
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
the department, as well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operational alternative for the
department(s).
F. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team program (TET) to:
1.Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
2.Determine if there are other positions to which employees may be
transferred.
3.Refer interested persons to vacancies which occur in other job classes for
which they qualify and can use their layoff eligibility.
4.Establish workshops to aid laid off employees in areas such as resume
preparation, alternate career counseling, job search strategy, and
interviewing skills.
G. When it appears to the Department Head and/or Employee Relations Officer or
his/her designee that the Board of Supervisors may take action which will result
in the layoff of employees in a representation unit, the Employee Relations
Officer or his/her designee shall notify the Union of the possibility of such layoffs
and shall meet and confer with the Union regarding the implementation of the
action.
9.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of funds or for
such other reason(s) as the Board of Supervisors deems sufficient for abolishing
the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1.In the Same Class. A laid off, full time employee may displace an
employee in the department having less seniority in the same class who
occupies a permanent part-time position, the least senior employee being
displaced first.
2.In the Same Level or Lower Class. A laid off or displaced employee who
had completed probation in a class at the same or lower salary level as
determined by the salary schedule in effect at the time of layoff may
LOCAL NO. 1, CSB-SITE SUPERVISOR -19- 2016-2019
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
displace within the department and in the class of an employee having
less seniority; the least senior employee being displaced first, and so on
with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1.Permanent part-time employees may displace only employees holding
positions of the same type respectively.
2.A full time employee may displace any part-time employee with less
seniority 1) in the same class or, 2) in a class of the same or lower salary
level if no full time employee in a class at the same or lower salary level
has less seniority than the displacing employees.
3.Former full time employees who have voluntarily become permanent part-
time employees for the purpose of reducing the impact of a proposed
layoff with the written approval of the Director of Human Resources or
designee retain their full time employee seniority rights for layoff purposes
only and may in a later layoff displace a full time employee with less
seniority as provided in these rules.
4.It is understood that Project employees are not covered by the Merit
System and that Project employees cannot displace Merit System
employees.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
the same or higher salary levels as determined by the salary schedule in effect at
the time of layoff. Employees reallocated or transferred without examination from
one class to another class having a salary within five (5%) percent of the former
class shall carry the seniority accrued in the former class into the new class.
Service for layoff and displacement purposes includes only the employee's last
continuous regular County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a position within
the period of layoff eligibility.
Approved leaves of absence as provided for in this MOU shall not constitute a
period of separation. In the event of ties in seniority rights in the particular class
in question, such ties shall be broken by length of last continuous regular County
employment. If there remain ties seniority rights, such ties shall be broken by
counting total time in the department in regular employment. Any remaining ties
shall be broken by random selection among the employees involved.
F. Eligibility for Layoff List. Whenever any person is laid off, has been displaced,
has been demoted by displacement or has voluntarily demoted in lieu of layoff or
displacement, or has transferred in lieu of layoff or displacement, the person's
LOCAL NO. 1, CSB-SITE SUPERVISOR -20- 2016-2019
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
name shall be placed on the layoff list for the class of positions from which that
person has been removed.
G. Order of Names on Layoff List. First, layoff lists shall contain the names of
persons laid off, displaced, or demoted as a result of a layoff or displacement, or
who have voluntarily demoted or transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff seniority in the class from which laid off,
displaced, demoted or transferred on the date of layoff, the most senior person
listed first. In case of ties in seniority, the seniority rules shall apply except that
where there is a class seniority tie between persons laid off from different
departments, the tie(s) shall be broken by length of last continuous regular
County employment with remaining ties broken by random selection among the
employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two
(2) years. Persons placed on layoff lists shall continue on the appropriate list for
a period of two (2) years.
I. Appointment of Persons From Layoff Lists. Layoff lists contain the name(s) of
person(s) laid off, displaced or demoted by displacement or voluntarily demoted
in lieu of layoff or transferred in lieu of layoff or displacement. When a request for
personnel is received from the appointing authority of a department from which
an eligible(s) was laid off, the appointing authority shall receive and appoint the
eligible highest on the layoff list from the department. When a request for
personnel is received from a department from which an eligible(s) was not laid
off, the appointing authority shall receive and appoint the eligible highest on the
layoff list who shall be subject to a probationary period. A person employed from
a layoff list shall be appointed at the same step of the salary range the employee
held on the day of layoff. Non-Merit employees will be required to meet all Merit
System requirements when seeking appointment to a Merit System job.
J. Removal of Names from Reemployment & Layoff Lists. The Director of Human
Resources may remove the name of any eligible from a reemployment or layoff
list for any reason listed below:
1.For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2.On evidence that the eligible cannot be located by postal authorities.
3.On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class.
4.If three (3) offers of appointment to the class for which the eligible list was
established have been declined by the eligible. A single offer is defined as
LOCAL NO. 1, CSB-SITE SUPERVISOR -21- 2016-2019
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
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 Director of Human Resources or the
appointing authority within ten (10) days to written notice mailed to the
person's last known address.
6.If the person on the reemployment or layoff list is appointed to another
position in the same or lower classification, the name of the person shall
be removed.
7.However, if the first appointment of a person on a layoff list is to a lower
class which has a 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 List. The Director of Human
Resources may remove the name of any eligible from a reemployment or layoff
list if the eligible fails to respond within five (5) days to a written notice mailed to
the person's last known address.
9.3 Notice. The County will give employees scheduled for layoff at least ten (10)
work days notice prior to their last day of employment.
9.4 Special Employment Lists. The County will establish a 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.
9.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full time to part-time status in a layoff, or who 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
LOCAL NO. 1, CSB-SITE SUPERVISOR -22- 2016-2019
SECTION 10 – HOLIDAYS
increased hours). The request must be in writing in accord with each department's
reassignment bid or selection process. Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back to their former status at the time
of the workforce reduction. The most senior laid off employee in this status who
requests such a reassignment will be selected for the vacancy; except when a more
senior laid off individual remains on the layoff list and has not been appointed back to
the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
SECTION 10 – HOLIDAYS
10.1 Holidays Observed. The County will observe the following holidays:
January 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 President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as holidays.
10.2 Floating Holidays. All employees shall 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. No employee may accrue more than forty
(40) hours of personal holiday credit. On separation from County service, the
employee shall be paid for any unused personal holiday credits at the employee's
then current pay rate.
10.3 Holiday is NOT Worked and Holiday Falls on Regularly Scheduled Work
Day:
A. Holidays Observed – Full-Time Employees: Full-time employees on the
regular work schedule are entitled to observe a holiday (eight (8) hours off),
without a reduction in pay, whenever a holiday is observed by the County. 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.
For employees who work in twenty-four (24) hour facilities and are assigned to
rotating shifts, 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -23- 2016-2019
SECTION 11 - VACATION LEAVE
B. Holidays Observed – Part-Time Employees: Part-time employees are entitled
to observe a holiday in the same ratio as the number of hours the part-time
employee’s weekly schedule bears to forty (40) hours, without a reduction in pay,
whenever a holiday is observed by the County.
SECTION 11 - VACATION LEAVE
11.1 Vacation Allowance. Employees covered by this agreement are entitled to
vacation with pay. Accrual is based upon straight time hours of working time per
calendar month of service and begins on the date of appointment to a position.
Increased accruals begin on the first of the month following the month in which the
employee qualifies. Accrual for portions of a month shall be in minimum amounts of one
(1) hour calculated on the same basis as for partial month compensation pursuant to
Section 5 of this MOU. Vacation credits may be taken in one (1) minute increments and
may not be rounded. Vacation may not be taken during the first six (6) months of
employment (not necessarily synonymous with probationary status) except where sick
leave has been exhausted; and none shall be allowed in excess of actual accrual at the
time vacation is taken.
11.2 Vacation Accrual Rates. Employees shall accrue vacation credit as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -24- 2016-2019
SECTION 11 - VACATION LEAVE
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.
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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -25- 2016-2019
SECTION 11 - VACATION LEAVE
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.
11.3 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.
11.4 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.
11.5 Vacation Buy Back.
Employees may elect payment of up to one-third (1/3) of their annual vacation accrual,
subject to the following conditions:
(1) the choice can be made only once in each calendar year;
(2) payment shall be based on an hourly rate determined by dividing the employee’s
monthly salary by 173.33; and
(3) the maximum number of hours that may be paid in any calendar year is one-third
(1/3) of the annual accrual.
(4) employees promoted or hired by the County into any classification represented
by Local 1 CSB 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 Local 1 CSB
will retain that benefit after promoting into a classification represented by Local 1
CSB.
In those instances where a lump-sum payment has been made to employees as a
retroactive general salary adjustment for a portion of the calendar year, which is
subsequent to exercise by an employee of the buy-back provision herein, that
employee’s vacation buy-back shall be adjusted to reflect the percentage difference in
base pay rates upon which the lump-sum payment was computed – provided that the
period covered by the lump-sum payment was inclusive of the effective date of the
vacation buy-back.
LOCAL NO. 1, CSB-SITE SUPERVISOR -26- 2016-2019
SECTION 12 - SICK LEAVE
SECTION 12 - SICK LEAVE
12.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized; it is
not paid time off which employees may use for personal activities.
12.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as prescribed
by County Salary Regulations. Employees who work a portion of a month are entitled to
a pro rata share of the monthly sick leave credit computed on the same basis as is
partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one (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 re-employed in a regular position within the
period of layoff 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.
12.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions apply:
Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter,
father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-
in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner
of an employee and/or includes any other person for whom the employee is the legal
guardian or conservator, or any person who is claimed as a "dependent" for IRS
reporting purposes by the employee.
Employee: Any person employed by Contra Costa County in an allocated position in
the County service.
Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations
and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or
LOCAL NO. 1, CSB-SITE SUPERVISOR -27- 2016-2019
SECTION 12 - SICK LEAVE
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.
G.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 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -28- 2016-2019
SECTION 12 - SICK LEAVE
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 12.3.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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -29- 2016-2019
SECTION 12 - SICK LEAVE
2.Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but is
not in pay status.
12.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. The following procedures
apply:
A.Employee Responsibilities
1.Employees are responsible for notifying their department of an absence
prior to the commencement of their work shift or as soon thereafter as
possible. Notification shall include the reason and possible duration of the
absence.
2.Employees are responsible for keeping their department informed on a
continuing basis 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 12.4.a.
LOCAL NO. 1, CSB-SITE SUPERVISOR -30- 2016-2019
SECTION 12 - SICK LEAVE
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.
Department heads are responsible for establishing timekeeping procedures which will
insure the submission of a time card covering each employee absence and for
operating their respective offices in accordance with these policies and with clarifying
regulations issued by the Office of the County Administrator.
To help assure uniform policy application, the Human Resources Director or designated
management staff of the County Human Resources Department should be contacted
with respect to sick leave determinations about which the department is in doubt.
12.5 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 may place an employee on
leave if the appointing authority has filed an application for disability retirement
for the employee or whom the appointing authority believes to be temporarily
physically or mentally incapacitated for the performance of the employees’
duties.
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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -31- 2016-2019
SECTION 12 - SICK LEAVE
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Human Resources Director
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two weeks in duration, the
appointing authority may order the employee to undergo at County expense a
physical, medical, and/or psychiatric examination by a licensed physician, and
may consider a report of the findings on such examination. If the report shows
that such employee is physically or mentally incapacitated for the performance of
duty, the appointing authority may take such action as he/she deems necessary
in accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, the employee
shall be given notice of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified mail, containing the following:
1.a statement of the leave of absence or suspension proposed;
2.the proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee;
3.a statement of the basis upon which the action is being taken;
4.a statement that the employee may review the materials upon which the
action is taken;
5.a statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice) to
respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in
writing may place the employee on a temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven
(7) work days to respond to the appointing authority either orally or in writing
before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the order to
the employee either personally or by certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
LOCAL NO. 1, CSB-SITE SUPERVISOR -32- 2016-2019
SECTION 12 - SICK LEAVE
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
order, appeal the order in writing through the Director of Human Resources to a
Disability Review Arbitrator.
J. In the event of an appeal to the Disability Review Arbitrator, the employee has
the burden of proof to show that either:
1.the physical or mental health condition cited by the appointing authority
does not exist, or
2.the physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's performance of duty, or is not
sufficient to endanger the health or safety of the employee, other
employees, or the public.
K. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and the
employee.
Scope of the Arbitrator's Review.
1.The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2.The arbitrator may make his decision based only on evidence submitted
by the County and the employee.
3.The arbitrator may order back pay or paid sick leave credits for any period
of leave of absence or suspension if the leave or suspension is found not
to be sustainable, subject to the employee's duty to mitigate damages.
4.The arbitrator's fees and expenses shall be paid one-half by the County
and one-half by the employee or employee's association.
L. It is understood that the benefits specified in Section 12 – Sick Leave, and
Section 13 – Workers’ Compensation and Continuing Pay, shall be coordinated
with the rehabilitation program as determined by the labor-management
committee.
12.6 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid military leave shall accrue any sick leave credits during
the time of such leave nor shall an employee who is absent without pay accrue sick
leave credits during the absence.
LOCAL NO. 1, CSB-SITE SUPERVISOR -33- 2016-2019
SECTION 13 – WORKERS’ COMPENSATION AND CONTINUING PAY
12.7 Confidentiality of Information/Records. Any use of employee medical records
will be governed by the Confidentiality of Medical Information Act (Civil Code Sections
56 to 56.26).
SECTION 13 – WORKERS’ COMPENSATION AND CONTINUING PAY
13.1 Workers’ Compensation. For all accepted 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 seventy-five percent (75%). If workers’
compensation benefits become taxable income, the parties shall meet and confer with
respect to the salary continuation and funding of the increased cost.
13.2 Waiting Period. There is a three (3) calendar day waiting period before workers’
compensation benefits commence. If the injured worker loses any time on the date of
injury, that day counts as day one (1) of the waiting period. If the injured worker does
not lose time on the date of the injury, the waiting period will be the first three (3)
calendar days following the date of the injury. The time the employee is scheduled to
work during this waiting period will be charged to the employee’s sick leave and/or
vacation accruals. In order to qualify for workers’ compensation the employee must be
under the care of a physician. Temporary compensation is payable on the first three (3)
days of disability when the injury necessitates hospitalization, or when the disability
exceeds fourteen (14) days.
13.3 Continuing Pay. Eligible employees who are members of this representation
unit shall receive the appropriate percentage 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 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 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
LOCAL NO. 1, CSB-SITE SUPERVISOR -34- 2016-2019
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
continuing pay will be cleared through the County Administrator’s Office, Risk
Management Division.
13.4 Physician Visits. Whenever an employee who has been injured on the job and
has returned to work is required by an attending physician to leave work for treatment
during working hours, the employee shall be allowed time off - up to three (3) hours - for
such treatment, without loss of pay or benefits provided the employee notifies his
supervisor of the appointment at least three (3) working days prior to the appointment or
as soon as the employee becomes aware the appointment has been made. Said visits
are to be scheduled contiguous to either the beginning or end of the scheduled workday
whenever possible. This provision applies only to injuries/illnesses that have been
accepted by the County as work related.
13.5 Applicable Pay Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one (1) year, applicable salary will continue by integrating
sick leave and/or vacation accruals with Workers’ Compensation benefits. If salary
integration is no longer available, Workers’ Compensation benefits will be paid directly
to the employee as prescribed by Workers’ Compensation laws.
13.6 Health Insurance. The County contribution to the employee’s group insurance
plan(s) continues during the continuing pay period and during integration of sick leave
or vacation with workers’ compensation benefits.
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
14.1 General Provisions.
Contra Costa County participates in the State Disability Insurance (SDI) program,
subject to the rules and procedures established by the State of California. The County
augments the SDI program with its SDI Integration Program. Changes to the State
Disability Insurance program could affect the County’s SDI Integration Program.
Determination of SDI payments and eligibility to receive payments is at the sole
discretion of the State of California. Employees eligible for SDI benefits are required to
apply for SDI benefits and to have those benefits integrated with the use of their sick
leave accruals on the following basis:
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 their SDI
application 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -35- 2016-2019
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
When there are insufficient sick leave accruals available to fully supplement the
difference between the SDI payment and the employee's base monthly salary, accruals
other than sick leave may be used. These accruals may be used only to the extent that
total payments do not exceed the employee's base monthly salary.
14.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual
usage with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the department shall automatically use 0.1 hour of sick
leave per month for the duration of their SDI benefit.
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.
14.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick
leave, the employee's sick leave accrual charges while receiving SDI benefits shall be
calculated each month.
The amount of sick leave charged each employee will be calculated in the following
manner:
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]
LOCAL NO. 1, CSB-SITE SUPERVISOR -36- 2016-2019
SECTION 15 – CATASTROPHIC LEAVE BANK
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Est. Monthly SDI Benefit [D = (W ÷ 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees, and those full-time employees
working a light/limited duty reduced schedule program shall have their sick leave
integration adjusted accordingly.
14.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is
defined as the salary amount for the employee's step on the salary schedule for the
employee's permanent classification as shown in the "Salary" field on the On-Line
Payroll Time Reporting System used by departments for payroll reporting purposes.
14.5 Election and Practice. Upon election by the membership, all employees in this
representation unit shall participate in the State Disability Insurance Program. The
aforementioned benefits will then be administered in the same fashion as other Local
One units within the County and pursuant to the practice established by the County.
SECTION 15 – CATASTROPHIC LEAVE BANK
15.1 Program 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. The plan will be administered under the direction of the Human
Resources Director. The Human Resources Department will be responsible for
receiving and recording all donations of accruals and for initiating transfer of credits
from the Bank to the recipient's sick leave account. Disbursement of accruals will be
subject to the approval of a six (6) member committee composed of three (3) members
appointed by the County Administrator and three (3) members appointed by the majority
representative employee organizations. The committee shall meet as necessary to
consider all requests for credits and shall make determinations as to the
appropriateness of the request. The committee shall determine the amount of accruals
LOCAL NO. 1, CSB-SITE SUPERVISOR -37- 2016-2019
SECTION 15 – CATASTROPHIC LEAVE BANK
to be awarded for employees whose donations are non-specific. Consideration of all
requests by the committee will be on an anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of
sick leave accruals and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must be a member of this
representation unit, must have exhausted all time off accruals to a level below eight (8)
hours total, have applied for a medical leave of absence and have medical verification
of need.
Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less than four
(4) hours per donations from balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time accounts. Employees who elect to
donate to a specific individual shall have seventy-five percent (75%) of their donation
credited to the individual and twenty-five percent (25%) credited to the Catastrophic
Leave Bank.
Time donated will be converted to a dollar value and the dollar value will be converted
back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All computations will be on a standard one
hundred seventy three and thirty three hundredths (173.33) basis, except that
employees on other than a forty (40) hour week will have hours prorated according to
their status.
Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred twenty
(120) hours per calendar year.
No element of this plan is grievable. All appeals from either a donor or recipient will be
resolved on a final basis by the Director of Human Resources.
No employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awarded benefits. Benefits may be denied, or
awarded for less than six (6) months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose from among eligible applicants,
on an anonymous basis, those who will receive benefits, except for hours donated to a
specific employee. In the event a donation is made to a specific employee and the
committee determines the employee does not meet the Catastrophic Leave Bank
criteria, the donating employee may authorize the hours to be donated to the bank or
returned to the donor’s account. The donating employee will have fourteen (14)
calendar days from notification to submit his/her decision regarding the status of their
donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to the Catastrophic Leave
Bank.
LOCAL NO. 1, CSB-SITE SUPERVISOR -38- 2016-2019
SECTION 16 - LEAVE OF ABSENCE
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee represented by this unit may be granted a
leave of absence without pay upon written request, approved by the appointing
authority; provided, however, that leaves for pregnancy, pregnancy disability, serious
health conditions, and family care shall be granted in accordance with applicable State
and Federal law.
16.2 General Administration - Leaves of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1.Illness, disability, or serious health condition;
2.pregnancy or pregnancy disability;
3.family care;
4.to take a course of study such as will increase the employee's usefulness
on return to the position;
5.for other reasons or circumstances acceptable to the appointing authority.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five
(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 the 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
LOCAL NO. 1, CSB-SITE SUPERVISOR -39- 2016-2019
SECTION 16 - LEAVE OF ABSENCE
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 on granting or denying leave or early return from leave shall
be subject to appeal to the Human Resources Director and not subject to appeal
through the grievance procedure set forth in this MOU.
16.3 Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without pay
(pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for
any one period. Longer pre-authorized absences without pay are considered leaves of
absence without pay. Employees who take furlough time shall have their compensation
for the portion of the month worked computed in accord with Section 5.6 -
Compensation for Portion of Month of this MOU. Full time and part-time employees who
take furlough time shall have their vacation, sick leave, floating holiday, and any other
payroll computed accruals computed as though they had worked the furlough time.
When computing vacation sick leave, floating holiday, and other accrual credits for
employees taking furlough time, this provision shall supersede Section 11.3 – Vacation
Accrual During Leave Without Pay, Section 12.2 – Credits To and Charges Against Sick
Leave, Section 12.6 – [Sick Leave] Accrual During Leave Without Pay, and Section 16.1
–[Leave of Absence] Leave Without Pay of this MOU regarding the computation of
vacation, sick leave, floating holiday, and other accrual credits as regards furlough time
only. For payroll purposes, furlough time (absence without pay with prior authorization
of the appointing authority) shall be reported separately from other absences without
pay to the Auditor-Controller. The existing Voluntary Time Off program shall be
continued for the life of the contract.
16.4 Military Leave. Any employee who is ordered to serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the period of such service, plus
ninety (90) days. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of emergency, shall be granted a leave of absence in
accordance with applicable Federal or State laws. Upon the termination of such service
or upon honorable discharge, the employee shall be entitled to return to his/her position
provided such still exists and the employee is otherwise qualified, without any loss of
standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
LOCAL NO. 1, CSB-SITE SUPERVISOR -40- 2016-2019
SECTION 16 - LEAVE OF ABSENCE
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
16.5 Family Care Leave or Medical Leave. Upon request to the appointing
authority, in 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
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 for leave. The eighteen (18) weeks may include use of appropriate available
paid leave accruals when accruals are used to maintain pay status, but use of such
accruals is not required beyond that specified in Section 16.12 below. When paid leave
accruals are used for a medical or family care leave, such time shall be counted as a
part of the eighteen (18) week entitlement.
16.8 Aggregate Use for Spouse. In the situation where husband and wife are both
employed by the County, the family care of medical leave entitlement based on the
birth, adoption or foster care of a child is limited to an aggregate for both employees
together of eighteen (18) weeks during 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -41- 2016-2019
SECTION 16 - LEAVE OF ABSENCE
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;
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;
LOCAL NO. 1, CSB-SITE SUPERVISOR -42- 2016-2019
SECTION 16 - LEAVE OF ABSENCE
4.if for intermittent leave or a reduced work schedule leave, the certification
should indicate the medical necessity for the intermittent leave or reduced
leave schedule and its expected duration.
H. Comparable Positions: A position with the same or similar duties and pay which
can be performed at the same or similar geographic location as the position held
prior to the leave. Ordinarily, the job assignment will be the same duties in the
same program area located in the same city, although specific clients, caseload,
co-workers, supervisor(s), or other staffing may have changed during an
employee's leave.
16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 12.3.D - Sick Leave Utilization for Pregnancy Disability, that time will not
be considered a part of the eighteen (18) week family care leave period.
16.11 Group Health Plan Coverage. Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in Section 16.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 16.5 above, the County will
continue its contribution for such health plan coverage even if accruals are not available
for use to maintain pay status as required under Section 16.12. In order to maintain
such coverage, employees are required to pay timely the full employee contribution to
maintain their group health plan coverage, either through payroll deduction or by paying
the County directly.
16.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using available sick leave (if so entitled under Section 12.3 - Policies
Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may be "broken" into segments and
accruals used on a monthly basis at the employee's discretion. After the first
twelve (12) months, the leave period may not be "broken" into segments and
accruals may not be used, except when required by LTD Benefit Coordination or
State Disability Insurance/Sick Leave Integration under Section 14 – State
Disability Insurance (SDI) or as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved
medical or family care leave, if a portion of that leave will be on a leave of
absence without pay, the employee will be required to use at least 0.1 hour of
sick leave (if so entitled under Section 12.3 - Policies Governing the Use of Paid
Sick Leave), vacation floating holiday, or other accruals or entitlements if such
are available, although use of additional accruals is permitted under subsection
A. above.
LOCAL NO. 1, CSB-SITE SUPERVISOR -43- 2016-2019
SECTION 16 - LEAVE OF ABSENCE
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 12.3 - Policies Governing the Use of Paid Sick Leave.
16.13 Leave of Absence Replacement and Reinstatement. Any employee that is a
member of this representation unit, who requests reinstatement to the classification held
by the employee in the same department at the time the employee was granted a leave
of absence, shall be reinstated to a position in that classification and department and
then only on the basis of seniority. In case of severance from service by reason of the
reinstatement of an employee, the provisions of Section 9 - Workforce Reduction and
Layoff, shall apply.
16.14 Reinstatement From Family Care Medical Leave. In the case of a family care
or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than ninety (90) work days of
leave from the initial date of a continuous leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full time employee taking an intermittent or
reduced work schedule leave shall be reinstated to the same or comparable position if
the return to work on a full schedule is after no more than seven hundred twenty (720)
hours, including use of accruals, of intermittent or reduced schedule leave. At the time
the original leave is approved, the appointing authority shall notify the employee in
writing of the final date to return to work, or the maximum number of hours of leave, in
order to guarantee reinstatement to the same or comparable position. An employee on
a schedule other than 5/40 shall have the time frame for reinstatement to the same or
comparable position adjusted on a pro rata basis.
16.15 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
preceding year, shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military
leave.
16.16 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authority, or at the expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
LOCAL NO. 1, CSB-SITE SUPERVISOR -44- 2016-2019
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, 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.
17.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to them,
other than mileage allowance, or they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
LOCAL NO. 1, CSB-SITE SUPERVISOR -45- 2016-2019
SECTION 18 - PROBATIONARY PERIOD
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
Employees shall advise their department as soon as possible if scheduled to appear for
witness duty.
SECTION 18 - PROBATIONARY PERIOD
Appointments of employees within this representation unit, for original entrance and
promotion, shall be subject to a probationary period commencing on the date of
appointment. For original entrance appointments, the probationary period shall be nine
(9) months in duration. For promotional appointments, the probationary period shall be
six (6) months.
The probationary period shall not include time served in temporary or provisional
appointments or any period of continuous leave of absence without pay or period of
work-connected disability exceeding fifteen (15) calendar days. When the probationary
period for a class is changed, only new appointees to positions in the classification shall
be subject to the revised probationary period.
The regular appointment of a probationary employee 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. If a clerical or administrative error delays a probationary report and it is
determined that it was the intent of the appointing authority to retain the probationer, the
employee affected will not suffer any loss of pay or benefits.
An employee rejected during the probation period from a position to which the employee
had been promoted or transferred from an eligible list, shall be restored to a position in
the department from which the employee was promoted or transferred.
An employee who is laid off during probation, if reemployed in the same class by the
department, shall be required to complete only the balance of the required probation. If
reemployed in another classification, the employee shall serve a full probationary
period.
During the probationary period, employees are subject to termination by the appointing
authority without cause and without right of appeal or compliance with Section 22 –
Dismissal, Suspension, Reduction in Pay, and Demotion, or Section 23 – Grievance
Procedure, of this MOU.
SECTION 19 - PROMOTION
19.1 Competitive Examination. Promotion shall be by competitive examination
unless otherwise provided in this MOU.
LOCAL NO. 1, CSB-SITE SUPERVISOR -46- 2016-2019
SECTION 20 – VACANCIES AND REASSIGNMENT
19.2 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.
19.3 Open Exams. If an examination for one of the classes represented by the Union
is proposed to be announced on an open only basis, the Director of Human Resources
shall give five (5) days prior notice of such proposed announcement and shall meet at
the request of the Union to discuss the reasons for such open announcement.
SECTION 20 – VACANCIES AND REASSIGNMENT
20.1 Reassignment of Work Location. Employees desirous of reassignment to a position in
the same classification at another work location shall submit a request for reassignment in
writing to the Department Head. When openings occur in various work locations, requests for
reassignment will be reviewed with consideration given to various factors including but not
limited to distance of employee's residence from desired work location and relative length of
service of the applicants for a particular location. The Department Head or designated
representative shall make the sole determination as to assignment of personnel. This provision
applies to intradepartmental reassignments only. In no event shall reassignments be utilized for
disciplinary purposes. Involuntary transfer or reassignment shall include a mandatory thirty (30)
day notice.
20.2 Vacancies. The Department agrees to post all vacancies for at least seven (7)
calendar days to provide employees the opportunity to express interest in, and apply
for, said vacancies. The Department Head or designated representative shall make the
sole determination as to assignment of personnel.
SECTION 21 – RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and shall indicate the effective
date of termination.
21.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
21.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
LOCAL NO. 1, CSB-SITE SUPERVISOR -47- 2016-2019
SECTION 21 – RESIGNATIONS
A.An employee has been absent from duty for five (5) consecutive working days
without leave; and
B.Five (5) more consecutive work days have elapsed since the County mailed 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.
21.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative on that date or another date specified. An employee
who resigns without advance notice as set forth in Section 21.1, may seek recession of
the resignation and reinstatement by delivering an appeal in writing to the Human
Resources Director not later than close of business on the third (3rd) calendar day after
the resignation is effective. Within five (5) work days of receipt of the appeal, the Human
Resources Director shall consider the appeal and render a final and binding decision
including, if applicable, the date of reinstatement.
21.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
21.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee
could have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day following the appointing
authority's acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal under the grievance
procedure contained in Section 23 of the MOU, beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the resignation
was coerced, the resignation shall be deemed revoked and the employee
returned to duty effective on the day following the decision but without loss of
seniority or pay, subject to the employee's duty to mitigate damages.
LOCAL NO. 1, CSB-SITE SUPERVISOR -48- 2016-2019
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
22.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in pay
may not exceed five percent (5%) for a three (3) month period. The following are
sufficient causes for such action; the list is indicative rather than inclusive of restrictions
and dismissal, suspension or demotion may be based on reasons other than those
specifically mentioned:
a. Absence without leave.
b.Conviction of any criminal act involving moral turpitude.
c.Conduct tending to bring the County or Department into disrepute.
d.Disorderly or immoral conduct.
e.Incompetence or inefficiency.
f.Insubordination.
g.Being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises.
h.Neglect of duty (i.e. non-performance of assigned responsibilities).
i.Negligent or willful damage to public property or waste of public supplies or
equipment.
j.Violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head.
k.Willful violation of any of the provisions of the County’s ordinance or the
Personnel Management Regulations.
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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -49- 2016-2019
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
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.
22.2 Skelly Requirements. 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.
22.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
LOCAL NO. 1, CSB-SITE SUPERVISOR -50- 2016-2019
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during an extension, the right to respond is lost.
22.4 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
22.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
calendar days unless ordered by an arbitrator or an adjustment board.
22.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or
Demotion.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or
demote an employee after having complied with the requirements of Section 22.2
where applicable, the appointing authority shall make an order in writing stating
specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, temporary reduction in
pay, or demotion shall be filed with the Director of Human Resources, showing
by whom and the date a copy was served upon the employee to be dismissed,
suspended, temporarily reduced in pay, or demoted, either personally or by
certified mail to the employee's last known mailing address. The order shall be
effective either upon personal service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, temporary reduction in pay, or demotion through the procedures of
Section 23 - Grievance Procedure of this MOU provided that such appeal is filed
in writing with the Director of Human Resources within ten (10) calendar days
after service of said order.
22.7 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -51- 2016-2019
SECTION 23 - GRIEVANCE PROCEDURE
SECTION 23 - GRIEVANCE PROCEDURE
23.1 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 22.6 –
Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or 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 twenty (20) workdays of
the date of the Step 3 meeting, unless more time is granted by mutual agreement.
LOCAL NO. 1, CSB-SITE SUPERVISOR -52- 2016-2019
SECTION 23 - 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 23.2 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.
23.2 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 Public
Employees Union, Local One, 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 Union 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 will serve as the voting member when the
appointed Union Board member is from the same Union as the grievant and a
LOCAL NO. 1, CSB-SITE SUPERVISOR -53- 2016-2019
SECTION 23 - GRIEVANCE PROCEDURE
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 will serve a six (6) month term so that Board member terms are
staggered.
b.The County and the Union (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
Labor Relations 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -54- 2016-2019
SECTION 23 - GRIEVANCE PROCEDURE
23.3 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 23.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to 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.
23.4 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.
23.5 Union Notification. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Union, but is not represented by
the Union in the grievance, shall give the Union a copy of the formal presentation.
23.6 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -55- 2016-2019
SECTION 24 – SPECIAL PROVISIONS
23.7 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, sick-out, or refusal to perform
customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises his or her supervisor as soon as
possible, and provided further that an employee may be required to cross a picket line
where the performance of his or her duties is of an emergency nature and/or failure to
perform such duties might cause or aggravate a danger to public health or safety.
23.8 Merit Board.
A. All Grievances of employees in representation units represented by the Union
shall be processed under Section 23 unless the employee elects to apply to the
Merit Board on matters within its jurisdiction.
B. No action under Steps 3, 4 and 5 of Subsection 23.1 above shall be taken if
action on the complaint or grievance has been taken by the Merit Board, or if the
complaint or grievance is pending before the Merit Board.
23.9 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of this MOU.
23.10 Disqualification From Taking an Exam. If disqualified from taking an
examination, an employee may utilize the appeal process specified in the Personnel
Management Regulations for employees disqualified from taking an examination.
23.11 Letters of Reprimand. Letters of reprimand are subject to the grievance
procedure but shall not be processed past Step 3, unless said letters are used in a
subsequent discharge, suspension or demotion of the employee.
SECTION 24 – SPECIAL PROVISIONS
24.1 Longevity Pay. Employees at ten (10) years of appointed service for the
County, shall be eligible to receive a two and one-half percent (2.5%) longevity
differential.
24.2 Deferred Compensation Incentive.
A. The County shall contribute sixty dollars ($60) per month to employees who
participate in the County’s Deferred Compensation Plan. To be eligible for this
incentive, employees must contribute to the deferred compensation plan as
indicated:
LOCAL NO. 1, CSB-SITE SUPERVISOR -56- 2016-2019
SECTION 24 – SPECIAL PROVISIONS
Employees who discontinue contributions or who contribute less than the required
amount per month for a period of one (1) month or more will no longer be eligible for the
sixty dollar ($60) County supplement. To reestablish eligibility, employees must again
make a Base Contribution Amount as set forth above based on current monthly salary.
Employees with a break in deferred compensation contributions either because of an
approved medical leave or an approved financial hardship withdrawal shall not be
required to reestablish eligibility. Further, employees who lose eligibility due to
displacement by layoff, but maintain contributions at the required level and are later
employed in an eligible position, shall not be required to reestablish eligibility.
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:
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).
Monthly Contribution
Employees with Qualifying Base Required to Maintain
Current Contribution Incentive Program
Monthly Salary of: Amount Eligibility
$2,500 and below $250 $50
2,501 - 3,334 500 50
3,335 - 4,167 750 50
4,168 - 5,000 1,000 50
5,001 - 5,834 1,500 100
5,835 - 6,667 2,000 100
6,668 & above 2,500 100
LOCAL NO. 1, CSB-SITE SUPERVISOR -57- 2016-2019
B.
SECTION 24 – SPECIAL PROVISIONS
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 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.
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.
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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -58- 2016-2019
C.
SECTION 25 – BILINGUAL PAY DIFFERENTIAL
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
24.3 Training. Full-time employees shall be eligible for career development training
reimbursement not to exceed $650 per fiscal year. Effective July 1, 2006 the
reimbursement amount shall be increased to $750 per fiscal year. The reimbursement
of training expenses shall be governed by any Administrative Bulletins on Travel and/or
Training and consistent with County and Department policies on Travel and/or Training.
24.4 Professional Development Reimbursement. Employees shall be eligible for
reimbursement of up to $525 for a two (2) year period beginning January 1, 2001 for
memberships in professional organizations, subscriptions to professional publications,
attendance fees at job-related professional development activities and purchase of
computer hardware and software.
Authorization for individual professional development reimbursement requests shall be
made by the Department Head. Reimbursement will occur through the regular demand
process with demands being accompanied by proof of payment.
24.5 Management Life Insurance. Employees shall be covered at County expense
by term life insurance in the amount of forty-seven thousand dollars ($47,000) in
addition to the insurance provided under Section 26 – Health, Life and Dental Care.
24.6 Safety Committee. Departments without a Safety Committee shall establish a
committee within ninety (90) days of the effective date of this agreement. The Union
shall appoint all labor representatives to the Committee. All Safety Committees shall
schedule their meetings.
SECTION 25 – BILINGUAL PAY DIFFERENTIAL
A monthly salary differential shall be paid to incumbents of positions requiring bilingual
proficiency as designated by the Department Head and the Human Resources Director.
LOCAL NO. 1, CSB-SITE SUPERVISOR -59- 2016-2019
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
The differential shall be prorated for employees working less than full time and/or on an
unpaid leave of absence during any given month.
The differential shall be eighty dollars ($80) per month. Effective January 1, 2007 the
differential shall be increased to one hundred dollars ($100) per month.
Designation of positions for which bilingual proficiency is required is the sole prerogative
of the County and such designations may be amended or deleted at any time.
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
26.1 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:
A. Contra Costa Health Plans (CCHP)
B. Kaiser Permanente Health Plan
C. Health Net
D. Delta Dental
E. DeltaCare (PMI)
Medical Plans:
All employees will have access to the following medical plans for the 2016 Plan
Year:
1. CCHP Plan A & Plan B
2. Kaiser Permanente Plan A
3. Health Net HMO Plan A
4. Health Net PPO Plan A
All employees will have access to the following medical plans beginning in the 2017
Plan Year:
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 & Plan B
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. §
18001 et seq.), 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
LOCAL NO. 1, CSB-SITE SUPERVISOR -60- 2016-2019
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
the criteria for high cost employer-sponsored health plan(s), such plan(s) will be eliminated
for all employees beginning January 1, 2018.
26.2 Monthly Premium Subsidy:
A. For each medical and/or dental plan, the County’s monthly premium subsidy 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:
The 2-tier premium structure in effect for the 2016 plan year will continue to apply to
eligible retirees until such time as the County implements a 3-tier premium structure for
a majority of all eligible County retirees participating in County health plans.
B. If the County contracts with a medical and/or dental plan provider not listed
above, the amount of the premium subsidy that the County will pay to that
medical 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 medical 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 Union will join the Joint
Labor/Management Benefit Committee (“Benefit Committee”) created in 2016 that
will convene in order to 1) select a replacement medical or dental plan in the event
that a plan listed in this Section 26 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
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
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
LOCAL NO. 1, CSB-SITE SUPERVISOR -61- 2016-2019
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
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 Benefit 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 Union may begin participating in the Benefit Committee following ratification of
this MOU.
26.3 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 26.2 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -62- 2016-2019
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
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
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
retirement.
LOCAL NO. 1, CSB-SITE SUPERVISOR -63- 2016-2019
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
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 26.3 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 26.3 only, “eligible family members” does not
include Survivors of employees or retirees.
26.4 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.
26.5 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:
LOCAL NO. 1, CSB-SITE SUPERVISOR -64- 2016-2019
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
(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 Disabled Child who is:
1) Over age 19,
2)Unmarried; and,
3)Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
d.Delta Dental Only – 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.
e.Delta Care Only – Employee’s child to age 26.
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.
26.6 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -65- 2016-2019
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
B. All dependents, as defined in Section 26.5, 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 parents are
County employees, all of their eligible children may be covered as
dependents of either parent, but not both.
C. For purposes of this Section 26.6 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.
26.7 Medical Plan Cost-Sharing with Active Employees on and after July 1, 2016.
A. The two-tier plan structure in effect for the 2016 plan year and the medical plan
premium subsidies set forth in 26.2.A., above, will continue until such time as
subsection 26.7.B., below, takes effect.
B. Beginning the month in which active employees begin receiving medical benefits
in a three-tier plan: The County will pay for active employees the monthly
premium subsidy for medical plans stated in subsection 26.2.A., and adjust the
amounts paid by the County for active employees in recognition of the increases
to the Employee Plus Two or More Dependents medical premiums caused by the
shift to a three-tier structure. In total, the County will pay the following amounts
plus any additional amounts in accordance with 26.7.C. below:
C. Beginning the month in which active employees begin receiving medical benefits
in a three-tier plan, if there is an increase in the monthly premium, including any
plan premium penalty, charged by a medical plan, the County and the active
employee will each pay fifty percent (50%) of the monthly increase that is above
the plan premium amounts for medical plans with three tiers that are listed in
26.7.D., below. 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
26.7.B., above, for medical plans.
D. Plan Premium Amounts: For purposes of calculating the County and Active
Employee cost-sharing increases described in 26.7.C., above, the following are,
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 $505.73 $1,016.45 $1,537.18
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 $447.04 $916.72 $1,387.40
LOCAL NO. 1, CSB-SITE SUPERVISOR -66- 2016-2019
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
unless otherwise indicated, the 2016 total monthly medical plan premium
amounts for three tiers:
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
26.8 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.
26.9 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.
26.10 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.
26.11 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.
26.12 Voluntary Vision Plan: Beginning no earlier than the 2017 plan year, active full-
time project and active part-time project employees will be offered the opportunity to
enroll in a voluntary vision plan. Employees will pay the full premium costs of the plan.
LOCAL NO. 1, CSB-SITE SUPERVISOR -67- 2016-2019
SECTION 26 - MEDICAL, DENTAL, & LIFE INSURANCE
The County will contract with a provider for a voluntary vision plan with no co-pays. The
vision plan is not available to permanent-intermittent employees.
26.13 Health Savings Account: Beginning no earlier than the 2017 plan year, active
full-time project and active part-time project 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 permanent-intermittent employees.
26.14 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.
26.15 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.
26.16 Prevailing Section: To the extent that any provision of this Section (Section 26
- 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 26 - Health, Life &
Dental Care) will prevail.
26.17 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.
26.18 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -68- 2016-2019
SECTION 27 - MILEAGE
26.19 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.
26.20 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.
26.21 Health Benefit Coverage for Employees Not Otherwise Covered. To access
County health plans, an employee represented by the Association 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. § 18001 et seq.). 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. This provision is not subject to the
grievance process.
SECTION 27 - MILEAGE
27.1 Reimbursement for Use of Personal Vehicle. Procedures and definitions
relative to mileage reimbursement will be in accordance with the Administrative Bulletin
No. 204 on Expense Reimbursement.
27.2 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.
LOCAL NO. 1, CSB-SITE SUPERVISOR -69- 2016-2019
SECTION 28 – RETIREMENT CONTRIBUTION
SECTION 28 – RETIREMENT CONTRIBUTION
28.1 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. The County is responsible for one hundred percent
(100%) of the employer’s retirement contributions determined annually by the Board of
Retirement.
28.2 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.
SECTION 29 – PERSONNEL FILES
Employees shall have the right to inspect and review any official record(s) relating to his
or her performance as an employee or to a grievance concerning the employee which is
kept or maintained by the County in the employee's personnel file in the Human
Resources Department. The employee’s union representative, with written authorization
by the employee, shall also have the right to inspect and review any official record(s)
described above. The contents of such records shall be made available to the employee
and/or the employee’s union representative for inspection and review at reasonable
intervals during the regular business hours of the County. 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 the employee’s
review. The custodian of records will certify that the copy is a true and correct copy of
the original file. Copies of written reprimands or memoranda pertaining to an employee's
unsatisfactory performance which are to be placed in the employee's personnel file shall
LOCAL NO. 1, CSB-SITE SUPERVISOR -70- 2016-2019
SECTION 30 – SERVICE AWARDS
be given to the employee who shall have the right to respond in writing to said
documents.
The County shall provide an opportunity for the employee to respond in writing to any
information that is in the employee's personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record. The
employee shall be responsible for providing the written responses to be included as part
of the employee's permanent personnel record.
This section does not apply to the records of an employee relating to the investigation of
a possible criminal offense, medical records and information or letters of reference.
Employees have the right to review their official personnel files that are maintained in
the Human Resources Department or by their department. In a case involving a
grievance or disciplinary action, the employee's designated representative may also
review his/her personnel file with specific written authorization from the employee.
SECTION 30 – SERVICE AWARDS
Procedures and definitions relative to Service Awards shall be in accordance with
Administrative Bulletin No. 410 - Service Recognitions and Awards.
SECTION 31 – ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable on the
dates indicated and upon approval by the Board of Supervisors. Resolutions and
Ordinances, where necessary, shall be prepared and adopted in order to implement
these provisions. It is understood that where it is determined that an Ordinance is
required to implement any of the foregoing provisions, said provisions shall become
effective upon the first day of the month following thirty (30) days after such Ordinance
is adopted.
SECTION 32- SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS
32.1 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.
32.2 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
LOCAL NO. 1, CSB-SITE SUPERVISOR -71- 2016-2019
SECTION 32- SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISIONS
invalidate the remaining portions hereof, and such remaining portions shall remain in full
force and effect for the duration of this MOU.
The Union understands and agrees that the County is not obligated to meet and confer
regarding wages, hours or conditions of employment during the term of this extended
agreement, except as otherwise required by law.
32.3 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 provisions of this MOU shall prevail. Those
provisions of the Personnel Management Regulations within the scope of representation
which are not in conflict with the provisions of this MOU and those provisions of the
Personnel Management Regulations which are not within the scope of representation
shall be considered in full force and effect.
32.4 Duration of Agreement. This Agreement shall 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:
PEU, Local One
Contra Costa County: CSB – Site Supervisor Unit:
(Signature / Printed Name) (Signature / Printed Name)
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
LOCAL NO. 1, CSB-SITE SUPERVISOR -72- 2016-2019
PUBLIC EMPLOYEES UNION, LOCAL ONE
CSB – SITE SUPERVISOR
ATTACHMENTS
A. CLASS & SALARY LISTING
B. MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
C. RETURN TO WORK
PUBLIC EMPLOYEES UNION, LOCAL ONE
CLASS AND SALARY LISTING
Effective January 1, 2017
CSB - SITE SUPERVISOR UNIT
ATTACHMENT A
Page 1 of 1
Job Code Class Title
Flex Staff (F) /
Deep Class (D) Min Max
CJF1 SITE SUPERVISOR III-PROJECT $4,308.69 $5,237.24
CJG1 SITE SUPERVISOR II - PROJECT $4,016.20 $4,881.72
CJH2 SITE SUPERVISOR I-PROJECT $3,652.02 $4,439.06
Salary Range
ATTACHMENT B
Public Employees Union, Local One, CSB Site Supervisor Unit
MEDICAL PLANS
July 1, 2016 through June 30, 2019
Coverage Offered
The County offers the following Plans: Contra Costa Health Plans (CCHP), Kaiser Permanente, Health Net
Co-Pays and Co-Insurance
The medical plan Co-Pays and Co-Insurance are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B: $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network co-pay
$3 Preferred Generic RX co-pay
$3 Preferred Brand RX co-pay
$3 Non-Preferred Brand RX co-pay
KAISER PERMANENTE PLAN A: $10 Office Visit co-pay
$10 Preferred Generic RX co-pay
$20 Preferred Brand RX co-pay
$20 Non-Preferred Brand RX co-pay
$10 Emergency Room co-pay
KAISER PERMANENTE PLAN B: $500 Deductible Per Person
$1000 Deductible Per Family
$20 Office Visit Co-pay (not subject to deductible)
$20 Urgent Care Co-pay (not subject to deductible)
$10 Lab & X-ray Co-pay (not subject to deductible)
$10 Preferred Generic RX
$30 Preferred Brand RX
$30 Non-Preferred Brand RX
10% Co-Insurance After Deductible for Inpatient Hospital,
Outpatient Surgical and Emergency Room
$3000/Person and $6000/Family Annual Out of Pocket Maximum
Page 1 of 2
KAISER PERMANENTE HDHP: $1500 Deductible Per Person
$3000 Deductible Per Family
10% Office Visit Co-insurance (After Deductible)
10% Urgent Care Co-insurance (After Deductible)
10% Lab & X-Ray Co-insurance (After Deductible)
$10 Generic Rx (After Deductible)
$30 Brand-Name Rx (After Deductible)
10% Inpatient Hospitalization Co-insurance (After Deductible)
10% Outpatient Surgery & ER Co-insurance (After Deductible)
$3000/Person and $6000/Family Annual Out of Pocket Maximum
HEALTH NET HMO Plan A: $10 Office Visit Co-pay
$10 Preferred Generic RX Co-pay
$20 Preferred Brand RX Co-pay
$35 Non-Preferred Brand or Generic RX Co-pay
$25 Emergency Room Co-Pay
HEALTH NET HMO Plan B: $20 Office Visit Co-pay
$50 Urgent Care Visit Co-pay
$1000 Inpatient Hospital Co-pay
$500 Out-Patient Surgery Co-pay
$100 Emergency Room Co-pay
$10 Preferred Brand RX Co-pay
$20 Non-Preferred Brand RX Co-pay
$35 Non-Preferred Brand or Generic RX Co-pay
$2000/Person and $6000/Family Annual Out of Pocket Maximum
HEALTH NET PPO Plan A: $10 Office Visit in network Co-pay
$5 Preferred Generic RX Co-pay
$5 Preferred Brand RX Co-pay
$5 Non-Preferred Brand or Generic RX Co-pay
$50 Emergency Room Co-Pay + 10% Co-Insurance (Co-Pay waived
if admitted)
HEALTH NET PPO Plan B (*): $500 Deductible Per Person
$1500 Deductible Per Family
$20 Office Visit in network Co-pay
80% / 20% Co-insurance for Most In-Network Benefits
60% / 40% Co-insurance for Most Out-of-Network Benefits
$10 Preferred Generic RX co-pay
$20 Preferred Brand RX co-pay
$35 Non-Preferred Brand or Generic RXco-pay
$100 Emergency Room Co-Pay + 20% Co-Insurance (Co-Pay
waived if admitted)
* This plan will be eliminated for all employees beginning January 1, 2018.
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PUBLIC EMPLOYEES UNION, LOCAL ONE
CSB - SITE SUPERVISOR UNIT
SUBJECT INDEX
Accrual During Leave Without Pay (Sick Leave) .......................................................... 33
Accrual During Leave Without Pay (Vacation Leave) ................................................... 26
Additional Information ..................................................................................................... 9
Administration of Sick Leave ........................................................................................ 30
Adoption ....................................................................................................................... 71
Advance Notice .............................................................................................................. 8
Agency Shop .................................................................................................................. 5
Aggregate Use for Spouse ........................................................................................... 41
Anniversary Dates ........................................................................................................ 12
Annual Administrative Leave ........................................................................................ 18
Applicable Pay Beyond One Year ................................................................................ 35
Assignment of Classes to Bargaining Units .................................................................... 8
Attendance at Meetings .................................................................................................. 9
Automated Timekeeping Implementation ..................................................................... 18
Bilingual Pay Differential .............................................................................................. 59
Catastrophic Leave Bank ............................................................................................. 37
Certification .................................................................................................................. 41
Certification Rule .......................................................................................................... 12
Child Care .................................................................................................................... 69
Coerced Resignations .................................................................................................. 48
Communicating With Employees ................................................................................... 7
Compensation Complaints ........................................................................................... 55
Compensation for Portion of Month .............................................................................. 13
Competitive Examination .............................................................................................. 46
Commuter Benefit Program .......................................................................................... 69
Confidentiality of Information/Records .......................................................................... 34
Constructive Resignation ............................................................................................. 47
Continuing Pay ............................................................................................................. 34
Coverage During Absences ......................................................................................... 69
Credits To and Charges Against Sick Leave ................................................................ 27
Days and Hours of Work .............................................................................................. 17
Deferred Compensation Incentive ................................................................................ 56
Definition and Procedure .............................................................................................. 52
Definition - State Disability Insurance (SDI) ................................................................. 37
Definitions ...................................................................................................................... 2
Definitions (Leave of Absence) .................................................................................... 41
Dependent Care Assistance Program .......................................................................... 68
Disability ....................................................................................................................... 31
Dismissal, Suspension, Temporary Reduction In Pay, and Demotion ......................... 49
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Disqualification From Taking an Exam ......................................................................... 56
Dual Coverage ............................................................................................................. 65
Duration of Agreement ................................................................................................. 72
Effective Resignation .................................................................................................... 48
Election and Practice .................................................................................................... 37
Employee Representation Rights ................................................................................. 51
Employee Response .................................................................................................... 50
Entrance Salary ............................................................................................................ 12
Expedited Board of Adjustment .................................................................................... 53
Family Care Leave or Medical Leave ........................................................................... 41
Family Member Eligibility Criteria ................................................................................. 64
Filing by Union ............................................................................................................. 56
Floating Holidays .......................................................................................................... 23
Furlough Days Without Pay .......................................................................................... 40
General Administration – Leaves of Absence .............................................................. 39
General Provisions ....................................................................................................... 35
General Wages ............................................................................................................ 11
Grievance Procedure ................................................................................................... 52
Group Health Plan Coverage ....................................................................................... 43
Health Benefit Coverage for Employees Not Otherwise Covered ................................ 69
Health Care Spending Account .................................................................................... 67
Health Insurance .......................................................................................................... 35
Health, Life & Dental Care ............................................................................................ 60
Health Plan Coverages ................................................................................................ 60
Health Plan Coverages and Provisions ........................................................................ 64
Health Savings Account ............................................................................................... 68
Holiday is NOT Worked and Holiday Falls on Regularly Scheduled Work Day ............ 23
Holidays ....................................................................................................................... 23
Holidays Observed ....................................................................................................... 23
Increments Within Range ............................................................................................. 13
Intermittent Use of Leave ............................................................................................. 41
Joint Labor/Management Benefit Committee ............................................................... 61
Jury Duty ...................................................................................................................... 45
Jury Duty and Witness Duty ......................................................................................... 45
Leave of Absence ........................................................................................................ 39
Leave of Absence Replacement and Reinstatement ................................................... 44
Leave Pending Employee Response ........................................................................... 51
Leave Without Pay ....................................................................................................... 39
Leave Without Pay – Use of Accruals .......................................................................... 43
Length of Suspension................................................................................................... 51
Letters of Reprimand .................................................................................................... 56
Life Insurance Benefit Under Health & Dental Plans .................................................... 67
Longevity Pay ............................................................................................................... 56
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Maintenance of Membership .......................................................................................... 4
Management Life Insurance ......................................................................................... 59
Medical, Dental, & Life Insurance ................................................................................. 60
Medical Plan Cost-Sharing with Active Employees on and after July 1, 2016 .............. 66
Merit Board ................................................................................................................... 56
Method of Integration ................................................................................................... 36
Mileage ......................................................................................................................... 69
Military Leave ............................................................................................................... 40
Monthly Premium Subsidy ............................................................................................ 61
No Discrimination and Americans With Disabilities Act (ADA) ....................................... 9
Notice ........................................................................................................................... 22
Official Representatives ................................................................................................. 9
Open Exams ................................................................................................................ 47
Operation ..................................................................................................................... 37
Partial Month ................................................................................................................ 68
Payment ....................................................................................................................... 16
Pay for Work in Higher Classification ........................................................................... 15
Pay Warrant Errors....................................................................................................... 17
PERS Long-Term Care ................................................................................................ 67
Personnel Files ............................................................................................................ 70
Personnel Management Regulations ........................................................................... 72
Physician Visits ............................................................................................................ 35
Policies Governing the Use of Paid Sick Leave ........................................................... 27
Position Reclassification ............................................................................................... 13
Professional Development Reimbursement ................................................................. 59
Pregnancy Disability Leave .......................................................................................... 43
Premium Conversion Plan ............................................................................................ 68
Prevailing Section ........................................................................................................ 68
Probationary Period...................................................................................................... 46
Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Demotion ...... 51
Procedures ................................................................................................................... 36
Professional Development Reimbursement ................................................................. 59
Program Design ........................................................................................................... 37
Promotion ..................................................................................................................... 46
Promotion Policy .......................................................................................................... 47
Purpose of Sick Leave ................................................................................................. 27
Rate Information ........................................................................................................... 68
Reassignment of Laid Off Employees .......................................................................... 22
Reassignment of Work Location .................................................................................. 47
Recognition .................................................................................................................... 4
Regular Work Schedule ............................................................................................... 17
Reimbursement for Use of Personal Vehicle ................................................................ 69
Reinstatement From Family Care Medical Leave ........................................................ 44
Release Time for Training ............................................................................................ 10
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Resignation in Good Standing ...................................................................................... 47
Resignations ................................................................................................................ 47
Retirement Coverage ................................................................................................... 62
Retirement Benefit Non-Safety Employees who become
New Members of CCCERA on or After January 1, 2013 .............................................. 70
Retirement Contribution ............................................................................................... 70
Retirement Coverage ................................................................................................... 62
Revocation ................................................................................................................... 48
Safety Committee ......................................................................................................... 59
Salaries ........................................................................................................................ 11
Salary on Promotion ..................................................................................................... 14
Salary on Involuntary Demotion ................................................................................... 15
Salary on Voluntary Demotion ...................................................................................... 15
Salary Reallocation & Salary on Reallocation .............................................................. 14
Salary Review While on Leave of Absence .................................................................. 44
Scope of, Arbitration Decisions, and Expedited Board of Adjustment .......................... 55
Scope of Agreement..................................................................................................... 71
Scope of Agreement and Separability of Provisions .................................................... 71
Section 8 – Section Intentionally Left Blank ................................................................. 18
Separability of Provisions ............................................................................................. 71
Separation Through Layoff ........................................................................................... 19
Service Awards ............................................................................................................ 71
Sick Leave .................................................................................................................... 27
Skelly Requirements .................................................................................................... 50
Special Employment Lists ............................................................................................ 22
Special Provisions ........................................................................................................ 56
State Disability Insurance (SDI) ................................................................................... 35
Step 5 (Expedited Board of Adjustment) ...................................................................... 53
Strike/Work Stoppage .................................................................................................. 56
Sufficient Cause for Action ........................................................................................... 49
Supplemental Life Insurance ........................................................................................ 67
Time Limits ................................................................................................................... 55
Time Reporting/Time Stamping .................................................................................... 18
Training ........................................................................................................................ 59
Transfer ........................................................................................................................ 15
Unauthorized Absence ................................................................................................. 44
Union Dues Form ........................................................................................................... 4
Union Notification ......................................................................................................... 55
Union Representatives ................................................................................................. 10
Union Security ................................................................................................................ 4
Use of County Buildings ................................................................................................. 7
Vacancies ..................................................................................................................... 47
Vacancies and Reassignment ...................................................................................... 47
Vacation Accrual Rates ................................................................................................ 24
Vacation Allowance ...................................................................................................... 24
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Vacation Allowance for Separated Employees ............................................................. 26
Vacation Buy Back ....................................................................................................... 26
Vacation Leave ............................................................................................................ 24
Voluntary Vision Plan ................................................................................................... 67
Wages .......................................................................................................................... 11
Waiting Period .............................................................................................................. 34
Withdrawal of Membership ............................................................................................. 5
Witness Duty ................................................................................................................ 45
Workers’ Compensation ............................................................................................... 34
Workers’ Compensation and Continuing Pay ............................................................... 34
Workforce Reduction .................................................................................................... 18
Workforce Reduction and Layoff .................................................................................. 18
Workweek For Employees on Regular Work Schedule ................................................ 17
Written Statement for New Employees........................................................................... 9