HomeMy WebLinkAboutRESOLUTIONS - 02012011 - 2011/62 att 4 ATTACHMENT C
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IMPLEMENTATION AGREEMENT
AGREED UPON TEMPORARY ABSENCES
I. GENERAL PROVISIONS
The Parties to this Implementation Agreement are Contra Costa County
(“County”) and the Contra Costa County Public Defenders Association
(“Association”). To address the County’s current financial crisis, the Parties
agree as follows:
A. The County will set up an Agreed Upon Temporary Absence (“ATA”) plan
for each permanent employee. Each permanent, full time employee will
receive ninety-six (96) hours of ATA on his/her April 10, 2011 paycheck.
Permanent part time employees will receive prorated ATA hours.
Employees hired after March 1, 2011 will also receive prorated ATA hours.
B. Employees in the Association must use all of their ATA hours by
September 30, 2011. The use of ATA hours must be pre-scheduled and
no employee may use ATA hours without the prior approval of his/her
supervisor.
C. 1. ATA hours are non-accruable and all unused balances will be
zeroed out at the close of business on September 30, 2011.
2. Implementation of ATA is governed by Attachment C.
3. The ATA implementation is equivalent to an 14.7% reduction in
wages for the period of March 1, 2011 through June 30, 2011.
4. This 14.7% reduction includes a .798% reduction in wages to
compensate for the underpayment of health and dental insurance
premimums for the period of January 1, 2010 through, March 31,
2011.
II. PAYROLL DEDUCTION IMPLEMENTATION
A. FY 2011: Beginning on March 1, 2011, each employee is required to take
ninety-six (96) hours of mandatory unpaid time off (prorated for part time
employees) by September 30, 2011. This mandatory unpaid time off will
be calculated and deducted from each employee’s pay as follows:
The County will calculate the base hourly rate for each employee based
on the employee’s salary on March 1, 2011. That base hourly rate will be
multiplied by ninety-six (96) hours (prorated for part-time employees). The
product of that calculation will be divided by four (4) months and that
dollar amount will be deducted from each employee’s paycheck on the
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10th of each month for four (4) consecutive months, beginning on April 10,
2011.
B. The deduction amount will change if an employee’s hourly rate increases
or decreases due to a promotion or demotion within the period of March 1,
through June 30, 2011, as defined in the MOU, or, in the event no MOU
language exists, the Personnel Management Regulations.
Example: Full Time employee is demoted on 4/01/11.
3-1-11
a) Yrly Sal 68,548.428
b) Mthly Sal 5,712.369 = a) /12
c) Hrly Rate 32.955975 = b) /173.33333
Deduction Amt. = (Hourly Rate * 96 hours) /4
4-1-11 (Employee is Demoted)
d) Yrly Sal 65,284.217 = a) /1.05
e) Mthly Sal 5,440.351 = d) /12
f) Hrly Rate 31.3866428 = e) /173.33333
Mthly Sal Mthly Ded Gross Pay
March 5,712.37 (790.94) 4,921.43
Apr 5,440.35 (753.28) 4,687.07
May 5,440.35 (753.28) 4,687.07
Jun 5,440.35 (753.28) 4,687.07
For employees hired between March 1, 2011 and June 30, 2011, the County will
use the employee's base hourly rate upon appointment to a permanent position.
The base hourly rate will be multiplied by the required ATA hours, as listed in the
chart below, prorated for part-time employees. The product of that calculation
will be divided by the number of months remaining in the fiscal year and the
dollar amount will be deducted from the employee's paycheck on the 10th payroll
of each month.
2011
Month
Hired
ATA
Hours
Formula for
Monthly Pay Deduction
March 96 (hrly Rate X 96 hours)/4)
April 72 (hrly Rate X 72 hours)/3)
May 48 (hrly Rate X 48 hours)/2)
June 0
III. SEPARATION
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A. If an employee separates between March 1, 2011 and September 30, 2011, the
Office of the Auditor-Controller will manually process an ATA adjustment.
The total dollar value of actual ATA hours taken will be compared to the total
amount of actual pay deductions (employee’s hourly rate at time of separation
X the number of ATA hours actually used = total dollar value of actual ATA
hours taken). This may result either in a refund or a deduction on the
employee’s final paycheck.
Example: Employee separates on May 1, 2011
Hrly Rate $32.50
Accrued 96 ATA 3-1-11
Used 16 ATA Hours (Value is $520.00)
Pay deductions were $780.00 ($780.00 X 1 month)
County would owe employee $260.00
Hrly Rate $32.50
Accrued 96 ATA 3-1-11
Used 32 ATA Hours (Value is $1,040.00)
Pay deductions were $780.00 ($780.00 X 1 month)
Employee owes the County $260.00
IV. ADDITIONAL IMPLEMENTATION ISSUES
A. Employees who transfer, promote, or demote into positions represented
by Local 21, by Coalition Unions, or are in unrepresented management
positions, will remain on the ATA Plan in place for that employee at the
time of transfer/promotion/demotion. Deduction adjustments will be made
prospectively for salary changes resulting from said
transfers/promotions/demotions.
B. Use of Accruals: Paid leave, such as vacation leave, sick leave, etc. may
not be used in lieu of any ATA hour.
C. Shift differentials will be paid for ATA days in the same manner as
vacation.
D. ATA will not be considered “time worked” for purposes of determining
eligibility for overtime.
E. For those employees who have an outstanding ATA deduction balance on
July 1, 2011, the County will deduct the outstanding balance (money) from
the employee’s next regular 10th of the month paycheck, and each of the
following 10th of the month paychecks, until the outstanding balance is
paid in full.
E. There is no reduction in the average number of days ordinarily worked
during the life of this Implementation Agreement as a result of ATA.
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F. The base pay for each represented classification will not change as a
result of ATA during fiscal year 2011.
G. The parties have been informed by the Contra Costa County Employees’
Retirement Association that retirement service credits will not be affected
by ATA.
H. The reporting of gross base pay to the retirement system will be consistent
with the County’s payroll records.
I. There will be no loss of accruals as a result of ATA.
J. Pre-scheduling of agreed upon temporary absences hours: Requests to
use ATA hours will be considered in the same manner as requests for
vacation.
K. ATA Reconciliation: On July 1, 2011, each Department will review the
number of ATA hours used and will notify by August 1st any employee
who has not used or scheduled all of his/her ATA hours. The employee
and his/her department will pre-schedule the remaining hours in
accordance with Section IV. (J).
L. ATA Issues for Employees on Leaves of Absence. This section only
applies to employees who are on approved Leaves of Absence (LOA),
both paid and unpaid, of any duration, during the period of March 1, 2011,
through and including June 30, 2011. Hereafter, these employees are
called “employees on LOA”.
1. When an employee is placed on a LOA, the County will stop ATA
(Agreed-Upon Temporary Absences) deductions from the
employee’s pay until the employee returns to work in active status.
2. Employees on LOA may not use ATA hours until they return to
work in active status.
3. After an employee on LOA returns to work in active status, the
County will review the employee’s pay records to determine both
(1) the number of ATA hours remaining for the employee to use
and (2) the amount of pay that needs to be deducted for those ATA
hours. The County will notify, in writing, each employee of those
calculations. The employee will have no more than ten (10)
calendar days from the date of the notice to contest one or both of
those calculations. The employee may dispute those calculation(s)
by contacting his or her departmental payroll clerk. The
departmental payroll clerk will work with the Auditor’s Office to
resolve.
4. After the calculation(s) is/are resolved after a dispute, or ten (10)
days after the mailing of the notice to the employee if there is no
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dispute, the numbers agreed upon by the parties or calculated by
the County, respectively, will be posted to the employee’s next 10th
of the month paycheck.
V. Maximum Cumulative Hours of Vacation.
For the purpose of implementing the ATA days referenced above, the Parties
agree that employees in the bargaining unit will be afforded a temporary increase
in the maximum cumulative hours of vacation in order to protect against the loss of
vacation time during the implementation of the ATA days.
From the date of adoption of this Implementation Agreement by the Board of
Supervisors, until and including June 30, 2012, employees in the bargaining unit
will be entitled to fifty (50) additional hours of maximum cumulative hours of
vacation in addition to the hours specified in Sections 11.3 – Vacation Accrual
Rates for Deputy Public Defenders and 11.4 – Vacation Accrual Rates for
Investigator and Investigator Aide, of the companion MOU.
It is expressly agreed by the Parties that the purpose of this temporary increase in
the maximum cumulative hours of vacation is to avoid the forfeiture of vacation
time by bargaining unit employees during the implementation of the ATA program.
Employees accumulation limits will return to those specified in Sections 11.3 and
11.4 of the companion MOU on June 30, 2012, and all vacation hours that exceed
those maximums will be forfeited without compensation on that date.
The Parties further expressly agree that the additional accumulated hours may not
be utilized for Vacation Buy Back as set forth in Section 11.7 – Vacation Buy-Back,
of the companion MOU and will also not be paid off at termination of employment
or included in terminal pay for retirement purposes.
All vacation hours above the applicable accumulation limits will be forfeited without
compensation as of June 30, 2012.
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VI. Duration. This Implementation Agreement shall take effect on March 1, 2011 and
shall expire at the close of business on June 30, 2012. The June 30, 2012 expiration of
this Implementation Agreement does not extend the term of the MOU. The MOU
expires June 30, 2011.
Date: _______________
Contra Costa County: Public Defenders Association:
(Signature / Printed Name) (Signature / Printed Name)
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