HomeMy WebLinkAboutRESOLUTIONS - 01192010 - 2010/15Modify COUNTY PROPOSAL NO. M-4
WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
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SECTION 6 – DAYS AND HOURS OF WORK is effective on March 1, 2010.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
WESTERN COUNCIL OF ENGINEERS
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 Council is
the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of the County and appropriate fire districts, as the joint
recommendations of the undersigned for salary and employee benefit adjustments for
the period commencing October 1, 2005 and ending September 30, 2008.
Special provisions and restrictions pertaining to Project employees covered by this
MOU are contained in Attachment A which is attached hereto and made a part hereof.
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.
Council: Western Council of Engineers
County: Contra Costa County.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
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Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the class
which the employee formerly occupied except as provided for under Transfer or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons, who have been found qualified for employment in
a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff, displacement, or
demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement,
or have voluntarily transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Permanent Status: Appointment to a position which must be confirmed by successful
completion of the probationary period specified for the class.
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.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
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Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five percent (5%) of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or other
ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any
class in the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent service with the County.
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.
SECTION 1 - COUNCIL RECOGNITION
The Council is formally recognized as the exclusive representative for the employees
assigned to the Professional Engineer Unit and has been certified as such pursuant to
Board Resolution 81/1165.
SECTION 2 - COUNCIL 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
Council has the exclusive privilege of dues deduction for all members in its units.
2.2 Agency Shop.
A. The Council agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in the unit for
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which this section is applicable regardless of whether they are members
of the Council.
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 Council or;
2. Pay to the Council, 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 Council to determine an agency
shop fee which meets the above criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a member
of a bona fide religion, body or sect which has historically
held a conscientious objection to joining or financially
supporting any public employee organization as a condition
of employment; and
b. Pay a sum equal to the agency shop fee described in
Section 2.2.B.2 to a non-religious, non-labor, charitable fund
chosen by the employee from the following charities: Family
and Children's Trust Fund, Child Abuse Prevention Council
and Battered Women's Alternative.
C. The Council shall provide the County with a copy of the Council's Hudson
Procedure for the determination and protest of its agency shop fees. The
County shall provide a copy of the Council's Hudson Procedure to every
employee hired into a class represented by the Council after the effective
date of this MOU. The Council shall provide a copy of said Hudson
Procedure to every fee payer covered by this MOU within one (1) month
from the date it is approved and annually thereafter, and as a condition to
any change in the agency shop fee. Failure by an employee to invoke the
Council's Hudson Procedure within one (1) 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
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Section 6 – Days and Hours of Work
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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. The Council shall provide the Director of Human
Resources with copies of a financial report patterned after Form LM-2
pursuant to the Labor Management Disclosure Act of 1959. Such report
shall be available to employees in the unit. Failure to file such a report not
later than June 1 of each calendar year shall result in the termination of all
agency fee deductions without jeopardy to any employee, until said report
is filed.
F. Compliance.
1. An employee employed in or hired into a job class represented by
the Council shall be provided with an "Employee Authorization for
Payroll Deduction" form by the Human Resources Department.
2.If the form authorizing payroll deduction is not returned within thirty (30)
calendar days after notice of this agency shop fee provision and
the Council's Hudson Procedure and the Council dues, agency
shop fee, initiation fee or charitable contribution required under
Section 2.2.B.3 are not received, and the employee has not timely
invoked the Council's Hudson Procedure, or if invoked, the
employee's Hudson Procedure rights have been exhausted, the
Council 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
amount equal to the agency shop fee and the County shall pay an
equal amount to the Council.
G. The Council shall indemnify, defend, and save the County harmless
against any and all claims, demands, suits, orders, judgments, or other
forms of liability that arise out of or by reason of this Council security
section or action taken or not taken by the County under this Section. This
includes, but is not limited to, the County's Attorneys' fees and costs. The
provisions of this subsection shall not be subject to the grievance
procedure.
H. The County Human Resources Department shall monthly furnish a list of
all new hires to the Council.
I. In the event that employees in a bargaining unit
represented by the Council vote to rescind Agency Shop, the provisions of
Sections 2.3 and 2.4 shall apply to dues-paying members of the Council.
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2.3 Maintenance of Membership. All employees who are currently paying
dues to the Council and all employees in that unit who hereafter become members of
the Council shall as a condition of continued employment pay dues to the Council for
the duration of this MOU and each year thereafter so long as the Council 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 2.5.
2.4 Council Dues Form. Employees hired into classifications assigned in
bargaining units cited in Section 2.3 above shall, as a condition of employment at the
time of employment, complete a Council dues authorization form provided by the
Council and shall have deducted from their paychecks the membership dues of the
Council. Said employee shall have thirty (30) days from the date of hire to decide if
he/she does not want to become a member of the Council. Such decision not to
become a member of the Council 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 Council, any Council 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 Council. 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 Council.
Each such dues authorization form referenced above shall include a statement that the
Council and the County have entered into a MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition of employment, and that such
authorization may be revoked within the first thirty (30) days of employment upon
proper written notice by the employee within said thirty (30) day period as set forth
above. Each such employee shall, upon completion of the authorization form, receive a
copy of said authorization form which shall be deemed proper notice of his or her right
to revoke said authorization.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in
writing, between August 1, 2005 and August 31, 2005, any employee may withdraw
from Council membership and discontinue paying dues as of the payroll period
commencing September 1, 2005, 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 Council a list of the
employees who have rescinded their authorization for dues deduction.
2.6 Communicating With Employees. The Council 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 Council, 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 Council.
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Representatives of the Council, not on County time, shall be permitted to place a supply
of employee literature at specific locations in County buildings if arranged through the
Labor Relations Manager; 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 Council 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 council
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 Council 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 Council is scheduled twenty-
four (24) hours in advance;
b. There is no additional cost to the County;
c. It does not interfere with normal County operations;
d. Employees in attendance are not on duty and are not scheduled for duty;
e. The meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Council shall maintain proper order at the meeting, and
see that the space is left in a clean and orderly condition.
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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 Council 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 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 Council, that the employee's classification is represented by
the Council and the name of a representative of the Council. The County will provide
the employee with a packet of information which has been supplied by the Council and
approved by the County. The County will also provide the addresses of new employees
to the Council if the employee consents in writing to
the County providing this information to the Council. The County shall provide an
opportunity for the Council to make a fifteen (15) minute presentation at the end of the
Human Resources Department’s new employee orientation meetings.
2.10 Distribution of Materials. The Council may distribute materials to
designated Council representatives through the County distribution channels if
approved by the Human Resources Director or his designee. The decision of the
Human Resources Director is final and not subject to the grievance procedure. This
privilege may be revoked in the event of abuse after the Human Resources Director
consults with the Council.
2.11 Section 11 of 1977-79 MOU. Section 11 of the 1977-1979 MOU between
the County and Western Council of Engineers shall be continued for the duration of this
MOU.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
There shall be no discrimination because of race, creed, color, national origin, sexual
orientation or Council 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.
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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 or in a manner that does not endanger the health of such person. There shall be
no discrimination because of Union membership or legitimate union activity against any
employee or applicant for employment by the County or anyone employed by the
County.
The County and the Council 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 ADA which are in conflict with any provision of this
MOU, the Council will be advised of such proposed accommodation. Upon request, the
County will meet and confer with the Council on the impact of such accommodation. If
the County and the Council 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 COUNCIL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official council
representatives shall be allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting;
b. If their attendance is sought by a hearing body or presentation of
testimony or other reasons;
c. If their attendance is required for meetings scheduled at reasonable times
agreeable to all parties, required for settlement of grievances filed
pursuant to Section 24 - Grievance Procedure of this MOU.
d. If they are designated as a Council representative 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 Council
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.
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4.2 Council Representatives. Official representatives of the Council shall be
allowed time off on County time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Labor Relations
Manager or other management representatives on matters within the scope of
representation, provided that the number of such representatives shall not exceed two
(2) without prior approval of the Labor Relations Manager, and that advance
arrangements for the time away from the work station or assignment are made with the
appropriate Department Head.
SECTION 5 - SALARIES
5.1 General Wage Increases.
A. The following wage increase schedule shall apply to all employees
represented by Western Council of Engineers:
July 1, 2007 2% increase
July 1, 2008 2% increase
Employees who did not receive a negotiated wage increase during FY 05/06 and were
employed on January 1, 2006 and are currently employed upon adoption of the MOU
by the Board of Supervisors, will receive a one time payment of $1500 prorated for
permanent part-time, permanent intermittent, and temporary employees. The proration
will be based on $.72/hour for each straight time hour worked or in paid status during
the period July 1, 2005 to June 30, 2006. Payment of this one-time lump sum payment
will be made on the November 10, 2006 paycheck.
B. Longevity Pay. Effective July 1, 2008, employees at ten (10) years of County
service shall be eligible to receive a two and one-half percent (2.5%) longevity pay
differential.
5.2 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of position to
which the appointment is made. However, the appointing authority may fill a particular
position at a step above the minimum of the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
a. New Employees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the employee
successfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday of the
month the anniversary date is the first day of the calendar month when the
employee successfully completes six (6) months service.
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b. Promotions. The anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.2.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, 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 year 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 anniversary is one (1) year after the first calendar day of
that month.
5.4 Increments Within Range. The performance of each employee, except
those 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 5.4 to
determine whether the salary of the employee shall be advanced to the next higher step
in the salary range. Advancement shall be granted 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
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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 authorized paid leave, shall receive as
compensation for
services an amount which is in the same ratio to the established monthly rate as the
number of days worked is to the actual working days in such employee's normal work
schedule for the particular month; but if the employment is intermittent, compensation
shall be on an hourly basis.
5.7 Position Reclassification. An employee who is an incumbent of a
position which is reclassified to a class which is allocated to the same range of the
basic salary schedule as is the class of the position before it was reclassified, shall be
paid at the same step of the range as the employee received under the previous
classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent
of a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation & 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
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
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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 5.8.
5.9 Salary on Promotion. Any employee who is appointed to a position of a
class allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.13, shall receive the salary in the new salary range which is
next higher than the rate received before promotion. In the event this increase is less
than five percent (5%), the employee's salary shall be adjusted to the step in the new
range which is at least five percent (5%) greater than the next higher step; provided,
however, that the next step shall not exceed the maximum salary for the higher class.
In the event of the appointment of a laid off employee from the layoff list to the class
from which the employee was laid off, the employee shall be appointed at the step
which the employee had formerly attained in the higher class unless such step results in
a decrease in which case the employee is appointed to the next higher step. If however,
the employee is being appointed into a class allocated to a higher salary range than the
class from which the employee was laid off, the salary will be calculated from the
highest step the employee achieved prior to layoff, or from the employee’s current step,
whichever is higher.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
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14 of 90WCE - 2 - 2005-2008 MOU
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5.10 Salary on Appointment From a Layoff List. In the event of the
appointment of a laid off employee from the layoff list to the class from which the
employee was laid off, the employee shall be appointed at the step which the employee
had formerly attained in the higher class unless such step results in an increase of less
than five percent (5%), in which case the salary shall be adjusted to the step in the new
range which is five percent (5%) greater than the next higher step, if the new range
permits such adjustment.
5.11 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under Section 5.13, shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he has been demoted next lower
than the salary received before demotion. In the event this decrease is less than five
percent (5%), the employee's salary shall be adjusted to the step in the new range
which is five percent (5%) less than the next lower step; provided however, that the next
step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.12 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of the class
from which he or she demotes, his or her salary shall remain the same if the steps in
his or her new (demoted) salary range permit, and if not, new salary shall be set at the
step next below former salary.
5.13 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does not contain a
higher step, the employee shall be placed at the step which is next lower than the
salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class 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
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
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15 of 90WCE 3 - 2005-2008 MOU
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accordance with the section on "Salary on Promotion" if the employee is transferring to
another class or to a level in a deep class for which the salary is at least five percent
(5%) above the top base step of the deep class level or class in which they have status
currently.
5.14 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Section 5.9 - Salary on Promotion of the MOU.
Effective with the ratification of this MOU, pay for work in a higher classification will
commence at the start of the second full day in the assignment, under the following
conditions. Payment shall be made retroactive after completing the first forty (40)
consecutive hours worked in the higher classification.
a. The employee is assigned to a program service, or activity established by
the Board of Supervisors which is reflected in an authorized position
which has been classified and assigned to the Salary Schedule.
b. The nature of the departmental assignment is such that the employee in
the lower classification for the duties 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 MOU.
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 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
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
16 of 90WCE - 2 - 2005-2008 MOU
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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.
5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary due the
employee for the
preceding month; provided, however, that each employee (except those paid on an
hourly rate) may choose to receive an advance on the employee's monthly salary, in
which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her
warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the employee’s
option, of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on or before April 30 or October 31
of each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the deadline
for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.15 all required or requested
deductions from salary shall be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
5.16 Pay Warrant Errors. If an employee receives a pay warrant which has an
error in the amount of compensation to be received and if this error occurred as a result
of a mistake by the Auditor-Controller's 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 found 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
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Section 6 – Days and Hours of Work
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fraudulently accrued over or underpayments are excluded from this section for both
parties.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Days and Hours of Work. The normal work week of County employees is
forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5)
eight (8) hour days; however, where operational requirements of a department require
deviations from the usual pattern of five (5) eight (8) hour days per work week, an
employee's work hours may be scheduled to meet these requirements. The Department
Head shall prepare written schedules in advance to support all deviations, including the
complete operational cycle contemplated.
The work week for employees in the 4/10 shift is four (4) ten (10) hour working days
during a work week consisting of any seven (7) day period. 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), it will meet and confer with the Union prior to implementing
said new shift.
Section 6.1 Definitions is effective on March 1, 2010.
6.2 Work Schedule Re-Opener. The parties agree to reopen the work schedule
provisions of the Memorandum of Understanding for the purpose of ensuring consistent
practices among the departments and compliance with appropriate regulatory
requirements. Any changes to the MOU and/or past practice except those necessitated
by legal requirements shall be subject to agreement by both parties. If the County
believes a change is necessitated
by legal requirements, it shall notify the Union of the change and the legal basis thereof.
The County shall offer to meet with the Union before the County implements such
change.
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 when the employee is
regularly scheduled to work other than eight (8) hours per day between Monday and
Friday, inclusive.
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
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
18 of 90WCE - 2 - 2005-2008 MOU
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scheduled to work more than 40 hours in the "workweek" as defined in
Subsections F.and H., below.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
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D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7)
day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty -six (36) hours in one calendar week and forty -four (44)
hours in the next calendar week, but only forty (40) hours in the designated workweek.
In the thirty -six (36) hour calendar week, the employee works four (4) nine (9) hour
days and has the same day of the week off that is worked for eight (8) hours in the forty
-four (44) hour calendar week. In the forty -four (44) hour calendar week, the employee
works four (4) nine (9) hour days and one (1) eight (8) hour day.
F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek begins
on the same day of the week as the employee’s eight (8) hour work day and regularly
scheduled 9/80 day off. The start time of the workweek is four (4) hours and one (1)
minute after the start time of the eight (8) hour workday. The end time of the workweek
is four (4) hours after the eight (8) hour workday start time. The result is a workweek
that is a fixed and regularly recurring period of seven (7) consecutive twenty -four (24)
hour periods (168 hours).
H. Workweek for Twenty -Four Hour (24) Facility Employees: For employees who
work in a twenty -four (24) hour facility in the Health Services Department and who
are not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and ends
at 12:00 midnight on Saturday.
6.2 – 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), it will meet and confer
with the Union prior to implementing said new shift.
6.23 Work Schedule Re-Opener. The parties agree to reopen the work
schedule provisions of the Memorandum of Understanding for the purpose of ensuring
consistent practices among the departments and compliance with appropriate
regulatory requirements. Any changes to the MOU and/or past practice except those
necessitated by legal requirements shall be subject to agreement by both parties. If
the County believes a change is necessitated
by legal requirements, it shall notify the Union of the change and the legal basis thereof.
The County shall offer to meet with the Union before the County implements such
change.
Section 7.1 is effective on March 1, 2010.
SECTION 7 - OVERTIME & COMPENSATORY TIME
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
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Section 7.1 Overtime is effective on March 1, 2010.
7.1 Overtime. Overtime is any authorized work performed in excess of forty
(40) hours per week or eight (8) hours per day. Overtime for 4/10 shift employees is any
work performed beyond ten (10) hours per day or forty (40) hours per week. All
overtime shall be compensated for at the rate of one and one-half (1-1/2) times the
employee's base rate of pay (not including shift and other special differentials).
Overtime for permanent employees is earned and credited in a minimum of one-half
(1/2) hour increments and is compensated by either pay or compensatory time off.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
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21 of 90WCE 3 - 2005-2008 MOU
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Employees entitled to overtime credit for holidays in positions which work around the
clock shall be provided a choice as to whether they shall be paid at the overtime rate or
shall receive compensatory time off at the rate of one and one-half (1 1/2) hours
compensatory time off for each hour worked. Such compensatory time off, and the
accumulation thereof shall be in addition to the total vacation accumulation permitted
under the terms of this MOU. The specific provision of this accumulation are set forth in
Section 12.6 – Accrual of Holiday Time & Credit of this MOU. Regular overtime for
twenty-four (24) hour institutional employees may be accrued as compensatory time in
accordance with Section 7.2 of this MOU.
7.2 Compensatory Time. The following provisions shall apply:
a. Employees may periodically elect to accrue compensatory time off in lieu
of overtime pay. Employees shall make a choice, which will remain in
effect for a period of one fiscal year July 1 - June 30. Eligible employees
must notify their Department Head or his/her designee of their intention to
accrue compensatory time off at least seven (7) calendar days prior to
July 1 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. Employees who
become eligible (i.e., newly hired employees, employees promoting,
demoting, etc.) for compensatory time off in accordance with these
guidelines, after the list has been compiled, will be paid for authorized
overtime hours worked until the preparation of the next annual list, unless
such employees specifically request in writing to the Department Head or
his designee that they be placed on the list currently in
effect.
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. Once a one hundred twenty (120) hour
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 designee and the employee.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
22 of 90WCE - 2 - 2005-2008 MOU
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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. 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,
accrued compensatory time balances will be paid off at the straight time
rate (two-thirds (2/3) the overtime rate) for the employee's current salary
whenever:
1. the employee changes status and is no longer eligible for
compensatory time off;
2.the employee promotes, demotes or transfers to another department;
3. the employee separates from County service;
4. the employee retires.
j. The Office of the County Auditor-Controller will establish timekeeping
procedures to administer this Section.
SECTION 12 HOLIDAYS is effective on March 1, 2010.
7.3 Fair Labor Standards Act Provisions. The Fair Labor Standards Act as
amended, may govern certain terms and conditions of the employment of 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. 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
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
23 of 90WCE 3 - 2005-2008 MOU
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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 8 - CALL-BACK TIME
Any employee who is called back to duty shall be paid at the appropriate rate for the
actual time worked plus one (1) hour. Such employee called back shall be paid a
minimum of two (2) hours at the appropriate rate for each call back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty during
which an employee is not required to be on County premises but stand ready to
immediately report for duty and must arrange so that his/her superior can reach him/her
on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid
one (1) hour of straight time credit for each four (4) hours on such on-call time unless
otherwise provided in the supplemental sections of this Agreement. Where on-call
arrangements exist, the appointing authority shall designate which employees are on-
call unless otherwise provided in the supplemental sections of this Agreement.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees shall receive five percent (5%)
above their base salary rate.
To qualify for shift differential, an employee must have a regularly assigned daily work
schedule which requires:
a. Completion of more than one and one-half (1-1/2) hours over the normal
actual working time; or
b. At least four (4) hours of actual working time from 5:00 p.m. through 9:00
a.m. inclusive. However, employees who have been regularly working a
shift qualifying for shift differential immediately preceding the
commencement of a vacation, paid sick leave period, paid disability or
other paid leave, will have shift differential included in computing the pay
for their leave. The paid leave of an employee who is on a rotating shift
schedule shall include the shift differential that would have been received
had the employee worked the shift for which the employee was scheduled
during such period. Shift differential shall only be paid during paid sick
leave and paid disability as provided above for the first thirty (30) calendar
days of each absence.
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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11.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the union and take the following actions:
a. Identify the classification(s) in which position reductions may be required
due to funding reductions or shortfalls.
b. Advise employees in those classifications that position reductions may
occur in their classifications.
c. Accept voluntary leaves of absence from employees in those
classifications which do not appear to be potentially impacted by possible
position reductions when such leaves can be accommodated by the
department.
d. Consider employee requests to reduce their position hours from full time
to part time to alleviate the impact of the potential layoffs.
e. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs
within the department, as well as to other departments not experiencing
funding reductions or shortfalls when it is a viable operational alternative
for the department(s).
f. Review various alternatives which will help mitigate the impact of the
layoff by working through the Tactical Employment Team (TET) program
to:
1. Maintain an employee skills inventory bank to be used as a basis
for referrals to other employment opportunities.
2. Determine if there are other positions to which employees may be
transferred.
3. Refer interested persons to vacancies which occur in other job
classes for which they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as
resume preparation, alternate career counseling, job search
strategy, and interviewing skills.
g. When it appears to the Department Head and/or Labor Relations
Manager that the Board of Supervisors may take action which will result in
the layoff of employees in a representation unit, the Labor Relations
Manager shall notify the Council of the possibility of such layoffs and shall
meet and confer with the Council regarding the implementation of the
action.
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11.2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having permanent status in
position(s) in the merit service may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of funds
or for such other reason(s) as the Board of Supervisors deems sufficient
for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on
inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full time employee may
displace an employee in the department having less seniority in the
same class who occupies a 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
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-intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
2. A permanent full time employee may displace any intermittent or
part-time employee with less seniority 1) in the same class 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 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 Director of Human Resources 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.
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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 (5%) of the former
class, as provided in Section 305.2, 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 period of layoff eligibility. Approved leaves of absence as
provided for in these rules and regulations shall not constitute a period of
separation. In the event of ties in seniority rights in the particular class in
question, such ties shall be broken by length of last continuous permanent
County employment. If there remain ties in seniority rights, such ties shall
be broken by counting total time in the department in permanent
employment. Any remaining ties shall be broken by random selection
among the employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status
is laid off, has been displaced, has been demoted by displacement or has
voluntarily demoted in lieu of layoff or displacement, or has transferred in
lieu of layoff or displacement, the person's name shall be placed on the
layoff list for the class of positions from which that person has been
removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of
persons laid off, displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily demoted or transferred in lieu of
layoff or displacement or who have 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.
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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 four (4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s)
of person(s) laid off, displaced or demoted by displacement or voluntarily
demoted in lieu of layoff or displacement or transferred in lieu of layoff or
displacement. When a request for personnel is received from the
appointing authority of a department from which an eligible(s) was laid off,
the appointing authority shall receive and appoint the eligible highest on
the layoff list from the department. When a request for personnel is
received from a department from which an eligible(s) was not laid off, the
appointing authority shall receive and appoint the eligible highest on the
layoff list who shall be subject to a probationary period. A person
employed from a layoff list shall be appointed at the same step of the
salary range the employee held on the day of layoff.
J. Removal of Names from 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 permanent appointment to the class for which
the eligible list was established have been declined by the eligible.
5. If the eligible fails to respond to the Director of Human Resources
or the appointing authority within ten (10) days to written notice of
certification 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 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. Any
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subsequent appointment of such person from the layoff list shall
result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff Certifications. The
Director of Human Resources 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 agrees to 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. 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).
Employees in the TET employment pool shall be guaranteed a job interview for any
vacant funded position for which they meet the minimum qualifications. If there are
more than five such employees who express an interest for one vacant funded position,
the five most senior employees shall be interviewed. Seniority for this subsection shall
be County seniority.
11.5 Reassignment of Laid Off Employees. Employees who displaced within
the same classification from full time to part-time or intermittent status in a layoff, or
who voluntarily reduced their work hours to reduce the impact of layoff, or who
accepted a position of another status than that from which they were laid off upon
referral from the layoff list, may request reassignment back to their pre-layoff status (full
time or part-time or increased hours). The request must be in writing in accord with
each department's reassignment bid or selection process. Employees will be advised of
the reassignment procedure to be followed to obtain reassignment back to their former
status at the time of the workforce reduction. The most senior laid off employee in this
status who requests such a reassignment will be selected for the vacancy; except when
a more senior laid off individual remains on the layoff list and has not been appointed
back to the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
11.6 Further Study. The County agrees to meet with the Labor Coalition for
study of the concept of employee's waiver of displacement rights in a layoff.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Year’s Day
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Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents’ Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate
as holidays.
B. Each full time employee shall will accrue two (2) hours of personal holiday
credit per month. Such personal holiday time may be taken in increments
of one-tenth (1/10) hour, and preference of personal holidays shall willl 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 beginning January 1, 1988. On separation
from County service, an employee shall will be paid for any unused
personal holiday credits at the employee's then current pay rate.
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12.2 Application of Holiday Credit. The following provisions indicate how
holiday credit is to be applied:
a. Employees on the five (5) day Monday through Friday work schedule shall
be entitled to a holiday whenever a holiday is observed pursuant to the
schedule cited above.
b. Employees on a work schedule other than Monday through Friday shall be
entitled to credit for any holiday, whether worked or not, observed by
employees on the regular schedule.
c. For all employees, if a work day falls on a scheduled holiday they shall
receive overtime pay or equivalent compensatory time credit (holiday
credit) for working the holiday or if a holiday falls on the day off of an
employee, the employee shall be given straight time pay or equivalent
compensatory time credit and unless otherwise provided for in other
Sections of this Agreement.
d. If any holiday listed in Section 12.1.A. above, falls on a Saturday, it shall
be celebrated on the preceding Friday. If any holiday listed in Section
12.1.A. falls on a Sunday, it shall be celebrated on the following Monday.
For employees in positions assigned to units or services on a shift
operational cycle which includes a Saturday or Sunday as designated by
the appointing authority (rather than Monday through Friday eight (8)
hours per day or a designated 4/10 or 9/80 schedule) holidays shall be
observed on the day on which the holiday falls regardless if it is a
Saturday or Sunday.
12.3 Permanent Part-Time Employees. Permanent part-time and permanent-
intermittent employees who work on a holiday shall receive overtime pay or
compensatory time credit for all hours worked, up to a maximum of eight (8).
12.4 4/10 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled
holiday they shall receive overtime pay or equivalent compensatory time
credit (holiday credit) for working the holiday for the first eight (8) hours
worked, or if a holiday falls on the day off of an employee, the employee
shall be given straight time pay or equivalent compensatory time credit for
eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave, vacation
or leave without pay on a holiday shall be two (2) hours.
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12.5 9/80 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled
holiday, they shall receive overtime pay or equivalent compensatory time
credit (holiday credit) for working the holiday for the first eight (8) hours
worked; or if a holiday falls on the day off of an employee, the employee
shall be given straight time pay or equivalent compensatory time credit for
eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave, vacation,
or leave without pay on a holiday shall be one (1) hour.
12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit
shall be permitted to elect between pay or compensatory time off in recognition of
holidays worked.
The following procedures shall apply to this selection:
a. Any person who is eligible and who elects to accrue holiday credit must
agree to do so for a full fiscal year (July 1 through June 30) or the
remainder thereof.
b. Employees starting work after a list of those electing to accrue holiday
credit has been submitted to the Auditor and approved will be paid
overtime unless they specifically request in writing within seven (7)
calendar days to be placed on the holiday credit accrual list.
c. Holiday time shall be accrued at the rate specif ied above to a maximum of
eight (8) hours worked by the employee.
d. Accrued holiday credit may not be accumulated in excess of two hundred
eighty-eight (288) working hours, exclusive of regular vacation accruals.
After two hundred eighty-eight (288) hours, holiday time shall be paid at
the rates specified above.
e. Accrued holiday credit may be taken off at times determined by mutual
agreement of the employee and the department head.
f. Accrued holiday credit shall be paid off only upon a change in status of
the employee such as separation, transfer to another department or
reassignment to a permanent-intermittent position.
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12.7 Work Leave. Upon Board of Supervisors approval of the MOU, but no
later than November 10, 2006, each employee will receive 24 hours of Paid Time Off
(PTO) (prorated for part-time and permanent intermittent employees). If an employee is
not granted his/her choice of day off, the supervisor shall suggest an alternate date. If
the employee and supervisor cannot agree on the alternate date, the employee shall
observe the day off on the employee’s birthday. An employee whose birthday falls on a
scheduled day off, may observe the PTO on the scheduled work day immediately
preceding or immediately following the employee’s birthday. 24/7 shift employees
unable to schedule time off will be cashed out for unused time at the end of the
agreement. This provision shall automatically terminate upon expiration of the MOU,
and except as noted above, an employee will not be allowed to cash out any unused
time.
12.8 Holiday Schedule – Re-Opener. The parties agree to reopen the holiday
schedule provisions of the Memorandum of Understanding for the purpose of ensuring
consistent practices among the departments on holiday scheduling, and compliance
with appropriate regulatory requirements. Any changes to the MOU and/or past
practice, except those necessitated by legal requirements, shall be subject to
agreement by both parties. If the County believes a change is necessitated by legal
requirements, it shall notify the Union of the change and the legal basis thereof. The
County shall offer to meet with the Union before the County implements such change.
12.2- Holiday is Not Worked
A. 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.
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.
B. Holiday Observed in Excess of Eight (8) hours: When a holiday falls on an
employee’s regularly scheduled workday, the employee is entitled to only eight (8)
hours off without a reduction in pay. If the workday is a nine (9) hour day, the employee
must use on one (1) hour of non-sick leave accruals. If the workday is a ten (10) hour
day, the employee must use two (2) hours of non-sick leave accruals. If the employee
does not have any non-sick leave accrual balances, leave without pay (AWOP) will be
authorized.
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C. Holidays Observed – Part time Employees: Part time employees on regular,
4/10, 9/80, flexible, and alternate work schedules 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.
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D. Holiday on Regular Day Off of Full Time Employees on 4/10, 9/80, Flexible, and
Alternate Work Schedules: When a holiday is observed by the County on the
regularly scheduled day off of a full-time 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 a
reduction in pay, in recognition of the holiday. The employee is also entitled to receive
eight (8) hours flexible compensatory time or pay at the rate of 1.0 times his/her base
rate of pay in recognition of his/her regularly scheduled day off.
Those For these 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. , requests for time off on the day
before or the day after an observed holiday will be given priority over requests from
other employees for time off on those same days. However, 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.
12.3- Holiday is WORKED and Holiday is Part of Employees Regularly Scheduled
Workweek
12.3 – Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day of
Full Time Employees on Regular, 4/10, 9/80, Flexible, and Alternate Work
Schedules:
A. Holiday Worked by Full Time Employees on Regular, 4/10, 9/80, Flexible, and
Alternate Work Schedules (holiday falls on employee’s regularly scheduled
work day): When a full time employee works on a holiday that is part of the
employee’s regularly scheduled work week, 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. The
employee is also entitled to receive overtime pay or overtime compensation time at
the rate of one and one half (1.5) times his/her base rate of pay (not including
differentials) for all hours worked on the holiday beyond eight hours, but only if the
employee was required to work on the holiday due to an emergency, except as
provided in Section 7.1 above. This provision applies to the regular, 4/10, 9/80,
flexible, and alternate work schedules.
Holiday Worked by Full Time Employees on Regular, 4/10, 9/80, Flexible, and
Alternate Work Schedules (holiday falls on employee’s regularly scheduled work
day): When a full time employee works on a holiday that is part of the employee’s
regularly scheduled work week, that falls on the employee’s regularly scheduled
work day, the employee is entitled to receive his/her regular salary. The employee
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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.
Holiday Worked by Full Time Employees on Regular, 4/10, 9/80, Flexible, and
Alternate Work Schedules (holiday falls on employee’s regularly scheduled work
day): When a full time employee works on a holiday that is part of the employee’s
regularly scheduled work week, 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, up to a maximum of eight (8) hours. This provision applies to the
regular, 4/10, 9/80, flexible, and alternate work schedules.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
36 of 90WCE - 2 - 2005-2008 MOU
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B. Holiday Worked by Part Time Employee and Permanent Intermittent Employee
(holiday is part of regular work schedule): When a part time employee and
permanent intermittent employee works on a holiday that is part of the employee’s
regularly scheduled workweek, the employee is entitled to receive his/her regular
salary. The part time employee and permanent intermittent 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 on the holiday, up to a maximum of eight (8) hours.
Section 12.4 – Holiday is Worked and Holiday is NOT Part of Employee’s
Regularly Scheduled Workweek
12.4 – Holiday is Worked and Holiday Falls on Regularly Scheduled Day Off of
Full Time Employees on 4/10, 9/80, Flexible, and Alternate Work Schedules:
A. Holiday Worked by Full Time Employees on 4/10, 9/80, Flexible, and Alternate
Work Schedules (holiday falls on employee’s regularly scheduled day off): When a
full time employee works on a holiday that is not part of the employee’s regularly
scheduled work week 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. This provision applies to employees on 4/10, 9/80,
flexible, and alternate work schedules.
B. Holiday Worked by Part Time Employee and Permanent-Intermittent Employee
(holiday is NOT part of regular schedule): When a part time employee and
permanent-intermittent employee works on a holiday that is not part of the
employee’s regularly scheduled workweek, the em0ployee is entitle 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) times his/her base rate of pay (not including
differentials) or compensation time at the same rate for all hours worked on the
holiday.
C. Holidays are always part of the regular workweek for employees who work the
regular work schedule.
B. See Section 12.3 A. when an employee on a regular work schedule works on a
holiday.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
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Section 12.5 - Holiday and Compensatory Time Provisions
A. Maximum Accruals of Holiday Comp 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 Comp Time: Holiday compensatory time will be paid off only
upon a change in status. A change in status includes but is not limited to 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.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
38 of 90WCE - 2 - 2005-2008 MOU
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D. Pay Off of Flexible Comp Time: Flexible compensatory time will be paid off only
upon a change in status. A change in status includes it is not limited to 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.
12.6 – Provisions for Part Time Employees and Permanent Intermittent
Employees - Reopener: The parties will agree to reopen the provisions of Section 12
of this Memorandum of Understanding for the limited purpose of meeting and
conferring to ensure consistent practices across departments regarding part time
employees and permanent intermittent employees.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
39 of 90WCE 3 - 2005-2008 MOU
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Attachment:
12.7 -
Automated Time Keeping - Reopener: This agreement may be re-opened at the
request of either party for the purpose of meeting and conferring regarding the
establishment of an automated time keeping system.
This agreement may be re-opened at the request of either party for the purpose of
meeting and conferring regarding the establishment of an automated time keeping
system.
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 not be taken during the first six (6)
calendar months of employment (not necessarily synonymous with probationary
status) except where sick leave is exhausted; and none shall be allowed in
excess of actual accrual at the time vacation is taken. Vacation may be taken in
increments of 1/10 hour.
13.2 Vacation Accrual Rates. 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 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
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
Presented on: July 15, 2009
40 of 90WCE - 2 - 2005-2008 MOU
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Employees in permanent part-time and permanent-intermittent positions shall
accrue vacation benefits on a pro rata basis as provided in Section 36-1.006 of
Board Resolution 81/1165.
13.3 Bridging of Service. Employees who are rehired and have their
service bridged in accordance with the provisions of this MOU shall have their
prior service time count toward longevity accrual.
13.4 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.
13.5 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.
13.6 Preference. 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.
13.7 Vacation Leave on Reemployment from a Layoff List. Employees with
six (6) 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.
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. Employees who work a
portion of a month are entitled to a pro rata share of the monthly sick leave credit
computed on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
tenth hour (6 minute) increments.
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Section 6 – Days and Hours of Work
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Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick
leave credits shall be canceled, unless the separation results from layoff, in
which case the accumulated credits shall be restored if reemployed in a
permanent position within the period of lay off eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted
to retirement on the basis of one 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: 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 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
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
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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.
2. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work or that her
general health is impaired due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee
shall be required to undergo a physical examination by a physician selected by
the County. Should the medical report so recommend, a mandatory leave shall be
imposed upon the employee for the duration of the disability.
3. Sick leave may not be utilized after the employee has been released
from the hospital unless the employee has provided the County with a written
statement from her attending physician stating that her disability continues and
the projected dates of the employee's recovery from such disability.
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Section 6 – Days and Hours of Work
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e. Medical & 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 dental appointments for an immediate family member.
f. Emergency Care of Family. An employee may use paid sick leave
credits for working time used in cases of illness or injury to an immediate family
member.
g. Death of Family Member. An employee may use paid sick leave
credits for working time used because of a death in the employee's immediate
family or of the employee’s domestic partner, but this shall not exceed three (3)
working days, plus up to two (2) days of work time for necessary travel. Use of
additional accruals including sick leave when appropriate may be authorized in
conjunction with the bereavement leave at the discretion of the appointing
authority.
h. Legal adoption of a Child. Paid sick leave credits may be used by an
employee upon adoption of the child.
i. Accumulated paid sick leave credits may not be used in the following
situations:
1. Vacation. Paid sick leave credits may not be used for an employee's
illness or injury which occurs while he is on vacation but the County
Administrator may authorize it when extenuating circumstances exist and the
appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but is not in
pay status.
14.4 Administration of Sick Leave. The proper administration of sick leave
is a responsibility of the employee and the department head. The following
procedures apply:
a. Employee Responsibilities.
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WESTERN COUNCIL OF ENGINEERS – NEGOTIATIONS 2008
Section 6 – Days and Hours of Work
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1.Employees are responsible for notifying their department of an absence prior
to the commencement of their work shift or as soon thereafter as possible.
Notification shall include the reason and possible duration of the absence.
2. Employees are responsible for keeping their department informed on
a continuing basis of their condition and probable date of return to work.
3. Employees are responsible for obtaining advance approval from
their supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be directed,
and (2) any condition(s) and/or restriction(s) that may reasonably be imposed
regarding specific locations and/or persons the department may contact to verify
the employee's sick leave.
b. Department Responsibilities. The use of sick leave may properly be
denied if these procedures are not followed. Abuse of sick leave on the part of
the employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the sick
leave claim. The department head or designee may make reasonable inquiries
about employee absences. The department may require medical verification for
an absence of three (3) or more working days. The department may also require
medical verification for absences of less than three (3) working days for probable
cause if the employee had been notified in advance in writing that such
verification was necessary. Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification was not
made in accordance with departmental sick leave call-in guidelines. These
inquiries shall be subject to any restrictions imposed by the employee under
Section 14.4.a.
2. Obtaining the employee's signature on the Absence/Overtime
Record, or on another form established for that purpose, as employee
certification of the legitimacy of the claim.
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.
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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.
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 employee’s, 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 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 (2) weeks in
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duration, the appointing authority may order the employee to undergo at County
expense a physical, medical, and/or psychiatric examination by a licensed
physician, and may consider a report of the findings on such examination. If the
report shows that such employee is physically or mentally incapacitated for the
performance of duty, the appointing authority may take such action as he deems
necessary in accordance with appropriate provisions of this MOU.
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.
I. An employee who is placed on leave or suspended under this
section may, within ten (10) calendar days after personal delivery or mailing to
the employee of the order, appeal the order in writing through the Director of
Human Resources to the Merit Board. Alternatively, the employee may file a
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written election with the Director of Human Resources waiving the employee's
right to appeal to the Merit Board in favor of appeal to a Disability Review
Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability
Review Arbitrator, the employee has the burden of proof to show that either:
1. the physical or mental health condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee's performance of duty, or
is not sufficient to endanger the health or safety of the employee, other
employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Human Resources to the Merit Board for hearing
under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports
submitted in evidence in such hearings shall remain confidential information and
shall not be a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and
his 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.
14.6 Workers' Compensation. A permanent non-safety employee shall
receive eighty-six percent (86%) of regular monthly salary for all accepted claims
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filed with the County on or after January 1, 2000. For all accepted claims filed
with the County on or after January 1, 2007, the percentage of regular monthly
salary for employees entitled to Workers’ Compensation shall be decreased from
eighty-six percent (86%) to eighty percent (80%). For all accepted claims filed
with the County on or after January 1, 2008, the percentage of regular monthly
salary for employees entitled to Workers’ Compensation shall be decreased from
eighty percent (80%) to seventy-five percent (75%).
A. There is a three calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses any time on the
day of the injury, that counts as day one 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 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.
A permanent employee shall continue to receive the appropriate
percentage as outlined above 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.
B. 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
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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.
C. Full Pay Beyond One Year. If an injured employee remains eligible
for temporary disability beyond one year, full salary will continue by integrating
sick leave and/or vacation accruals with workers' compensation benefits. If salary
integration is no longer available, Workers' Compensation benefits will be paid
directly to the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for
workers' compensation rehabilitation temporary disability benefits and whose
disability is medically permanent and stationary and/or reaches maximum
medical improvement, will continue to receive salary by integrating sick leave
and/or vacation accruals with workers' compensation rehabilitation temporary
disability benefits until those accruals are exhausted. Thereafter, the
rehabilitation temporary disability benefits will be paid directly to the employee.
E. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the continuing pay period and during
integration of sick leave or vacation with Workers' Compensation benefits.
F. Method of Integration:
An employee's sick leave and/or vacation charges shall be calculated as follows:
C = 8 [1 - (W ÷÷÷÷ S)]
C = sick leave or vacation charge per day (in hours)
W = statutory workers' compensation for a month
S = monthly salary
14.7 Coordination of Benefits. 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.
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
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leave credits during the time of such leave nor shall an employee who is absent
without pay accrue sick leave credits during the absence.
14.9 Disability Insurance Review Committee. The County shall establish a
Disability Insurance Review Committee consisting of one (1) representative from
each employee organization and four (4) management representatives to review
and recommend to the Director of Human Resources the feasibility of
implementing a self-funded and self-administered disability insurance program.
14.10 Sick Leave Coalition. The County agrees to meet and confer with a
coalition of employee organizations, including this council, to revise the County-
wide Sick Leave Policy. Such meet and confer sessions shall take place during
the term of this MOU.
14.11 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 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 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
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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 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.
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
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submit his/her decision regarding the status of their donation, or the hours will
be irrevocably transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to the Catastrophic
Leave Bank.
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee 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.
16.2 General Administration - Leave 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.
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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 in a “rolling” twelve (12) month period
measured backward from the date the employee uses his/her FMLA leave to
commence period in accordance with Section 16.5 below.
E. Whenever an employee who has been granted a leave without pay
desires to return before the expiration of such leave, the employee shall submit a
request to the appointing authority in writing at least fifteen (15) days in advance
of the proposed return. Early return is subject to prior approval by the appointing
authority. The Human Resources Department shall be notified promptly of such
return.
F. Except in the case of leave of absence due to family care, pregnancy,
pregnancy disability, 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 13.4 – Accrual During Leave Without
Pay, Section 14.2 – Credits to & Charges Against Sick Leave, Section 14.8 –
Accrual During Leave Without Pay, and Section 16.1 – 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 VTO 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
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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 in the
classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may
be accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case of
layoff or promotional examination, time on military leave shall be considered as
time in County service.
Any employee who has been granted a military leave, may upon return, be
required to furnish such evidence of performance of military service or of
honorable discharge as the Director of Human Resources may deem necessary.
16.5 Family Care Leave or Medical Leave. Upon request to the appointing
authority, in a “rolling” twelve (12) month period measured backward from the
date the employee uses his/her FMLA leave, any employee who has permanent
status shall be entitled to at least eighteen (18) weeks 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 Intermittent Use of Leave. 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.
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.
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16.7 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.
16.8 Definitions. For medical and family care leaves of absence
under this section, the following definitions apply:
a. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee or a child who is under eighteen (18) years of age for whom an
employee stands in loco parentis or for whom the employee is the guardian or
conservator, or an adult dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent, a step-parent, legal
guardian, conservator, or other person standing in loco parentis to a child.
c. Spouse: A partner in marriage as defined in California Civil Code
Section 4100.
d. Domestic Partner: An unmarried person, eighteen (18) years or older,
to whom the employee is not related and with whom the employee resides and
shares the common necessities of life.
e. Serious Health Condition: An illness, injury, impairment, or physical
or mental condition which warrants the participation of a family member to
provide care during a period of treatment or supervision and involves either
inpatient care in a hospital, hospice or residential health care facility or
continuing treatment or continuing supervision by a health care provider (e.g.
physician or surgeon) as defined by state and federal law.
f. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the leave is
being taken which need not identify the serious health condition involved, but
shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to
render care or supervision;
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4. a statement that the serious health condition warrants the
participation of a family member to provide care during period of treatment or
supervision;
5.if for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is necessary
for the care of the individual or will assist in their recovery, and its expected
duration.
g. Certification for Medical Leave: A written communication from a
health care provider of an employee with a serious health condition or illness to
the employer, which need not identify the serious health condition involved, but
shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of
the employee's job;
4. if for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the intermittent leave or
reduced leave schedule and its expected duration.
h. Comparable Positions: A position with the same or similar duties
and pay which can be performed at the same or similar geographic location as
the position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although specific
clients, caseload, co-workers, supervisor(s), or other staffing may have changed
during an employee's leave.
16.9 Pregnancy Disability Leave. Insofar as pregnancy disability leave is
used under Section 14.3.D - Sick Leave Utilization for Pregnancy Disability, that
time will not be considered a part of the eighteen (18) week family care leave
period.
16.10 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 16.6 above,
the County will continue its contribution for such health plan coverage even if
accruals are not available for use to maintain pay status as required under
Section 16.12. In order to maintain such coverage, employees are required to pay
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timely the full employee contribution to maintain their group health plan
coverage, either through payroll deduction or by paying the County directly.
16.11 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 in the sections below.
B. Family Care or Medical Leave. During the eighteen (18) weeks of an
approved medical or family care leave, if a portion of that leave will be on a leave
of absence without pay, the employee will be required to use at least 0.1 hour of
sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid
Sick Leave), vacation floating holiday, compensatory time off or other accruals or
entitlements if such are available, although use of additional accruals is
permitted under subsection A. above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination.
An eligible employee who files an LTD claim and concurrently takes a leave of
absence without pay will be required to use accruals as provided in Section B
herein during the eighteen (18) week entitlement period of a medical leave
specified above. If an eligible employee continues beyond the eighteen (18) 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.
16.12 Leave of Absence Replacement & Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee
in the same department at the time the employee was granted a leave of absence,
shall be reinstated to a position in that classification and department and then
only on the basis of seniority. In case of severance from
service by reason of the reinstatement of a permanent employee, the provisions
of Section 11 - Seniority, Workforce Reduction, Layoff, & Reassignment Seniority
shall apply.
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16.13 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.
16.14 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.
16.15 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.
16.16 Non-Exclusivity. Other MOU language on this subject, not in conflict,
shall remain in effect.
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
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they waive all fees (other than mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain from the Clerk
or Jury Commissioner a certificate indicating the days attended and noting that
fees other than mileage are waived or surrendered. The employee shall furnish
the certificate to his department where it will be retained as a department record.
No "Absence/Overtime Record" is required.
b. An employee who elects to retain all fees must take leave (vacation,
floating holiday, etc.) or leave without pay. No court certificate is required but an
"Absence/Overtime Record" must be submitted to the department payroll clerk.
Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
An employee on short notice standby to report to court, whose job duties make
short notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short
notice.
When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise. Participants
in 9/80 or 4/10 work schedules will not receive overtime or compensatory time
credit for jury duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for
those days on which they were previously scheduled to work.
17.2 Witness Duty. Employees called upon as a witness or an expert
witness in a case arising in the course of their work or the work of another
department may remain in their regular pay status and turn over to the County all
fees and expenses paid to them other than mileage allowance or they may take
vacation leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g., accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 17.1 of this MOU. Employees shall advise their
department as soon as possible if scheduled to appear for witness duty.
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Permanent intermittent employees are entitled to paid witness duty only for those
days on which they were previously scheduled to work.
SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
18.1 County Programs. The County will continue to offer existing
County Group Benefit Programs of medical, dental and life insurance coverage
through to all permanent employees regularly scheduled to work twenty (20) or
more hours per week as described in Exhibit A of the current agreement.
18.2 Rate Information. The County Benefits Division will make health and
dental plan rate information available upon request to employees and
departments. In addition, the County Benefits Division will publish and distribute
to employees and departments information about rate changes as they occur
during the year.
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. An employee is thus covered
by the health plan for the month in which compensation is paid.
An employee who is on approved leave of absence may convert to individual
health plan coverage within thirty (30) days of the commencement of leave.
18.3 Medicare Rates. Corresponding Medicare rates for employees
covered under this MOU shall be as follows: for Employee Only on Medicare by
taking the Employee Only rate for the option selected and subtracting the
monthly Part B Medicare premium withheld from Social Security payments for
one enrollee; for Employee and Dependent(s) with one member on Medicare by
taking the Employee and Dependent(s) rate for the option selected and
subtracting the monthly Part B Medicare premium withheld from Social Security
payments for one enrollee; for Employee and Dependent(s) with two members on
Medicare by taking the Employee and Dependent(s) rate for the option selected
and subtracting the monthly Part B Medicare premium withheld from Social
Security payments for two enrollees.
18.4 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. An
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employee is thus covered by the health plan for the month in which
compensation is paid.
18.5 Coverage During Absences. An employee on approved leave shall be
allowed to continue his/her health plan coverage at the County group rate for
twelve (12) months provided that the employee shall pay the entire premium for
the Health Plan during said leave.
An employee on leave in excess of twelve (12) months may continue health plan
coverage by converting to an individual health plan option (if available) or
continuing group coverage subject to the provisions of the Consolidated
Omnibus Budget Reduction Act (COBRA) provided the employee pays the entire
cost of coverage, plus any administrative fees, for the option selected. The entire
cost of coverage shall be paid at a place and time specified by the County. Late
payment may result in cancellation of health plan coverage with no reinstatement
allowed.
An employee who terminates County employment is only covered through the
month in which he is credited with compensation but may convert to individual
health plan coverage, if available, or may continue County Group health plan
coverage to the extend provided under COBRA by making premium payments to
the County at a time and place specified by the County.
18.6 Retirement Coverage. Upon retirement, employees may remain in the
same County group medical plan if immediately before their retirement they are
either active subscribers to one of the County Health Plans or if on authorized
leave of absence without pay they have retained their membership by either
continuing to pay their monthly premium to the County by the deadlines
established by the County or by converting to individual conversion membership
from the County plan through the medical plan carrier, if available.
All employees hired on or after the date this provision is adopted and
implemented by the Board of Supervisors, will be eligible for Retiree Health
Coverage pursuant to the terms outlined above, upon completion of fifteen (15)
years of service with Contra Costa County. For purposes of retiree health
eligibility, a year of service shall be defined as one thousand (1,000) hours
worked within an anniversary year. The existing method of crediting service
while an employee is on an approved leave of absence will continue during the
term of this agreement.
18.7 Dual Coverage. If a husband and wife both work for the County and
one of them is laid off, the remaining eligible shall be allowed to enroll or transfer
into the health coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage
through a spouse's coverage shall be allowed to enroll or transfer into the health
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coverage combination of his/her choice within thirty (30) days of the date
coverage is no longer afforded under the spouse's plan.
18.8 Health Care Spending Account. The County will offer regular full-time
and part-time (20/40 or greater) County employees the option to participate in a
Health Care Spending Account (HCSA) Program designed to 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 pre-
determined amount of money from their paycheck, not to exceed $3000 per year,
for health care expenses not reimbursed by any other health benefits plan with
before tax dollars. Effective January 1, 2007, this amount shall be increased from
$3000 to $4500 per year. Effective January 1, 2008, this amount shall be increased
to $5000 per year. HCSA dollars can be expended on any eligible medical
expenses allowed by Internal Revenue Code Section 125. Any unused balance
cannot be recovered by the employee.
18.9 PERS Long Term Care. The County proposes to deduct and remit
monthly premium and eligible lists to the PERS Long Term Care Administrator, at
no County administrative cost, for County employees who are eligible and
voluntarily elect to purchase long term care through the PERS Long Term Care
Program.
The County further agrees that County employees interested in purchasing PERS
Long Term Care may participate in meeting scheduled by PERS Long Term Care
on County facilities during non-work hours. (i.e.: coffee breaks, lunch hour).
18.10 Deferred Retirement. Effective two (2) months following an approved
agreement, employees who resign and file for a deferred retirement may continue
in their County group health and dental plan; the following conditions and
limitations apply:
a. Life insurance coverage is not included.
b. To be eligible to continue health and dental coverage,
the employee must:
1. be qualified for a deferred retirement under the
1937 Retirement Act provisions.
2. be an active member of a County group health and/or dental plan at
the time of filing their deferred retirement application and elect to continue health
benefits.
3. be eligible for a monthly allowance from the Retirement System and
direct receipt of a monthly allowance within twenty-four (24) months of their
application for deferred retirement.
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4. file an election to defer retirement and to continue health benefits
hereunder with the County Benefits Division within thirty (30) days before their
separation from county service.
c. Deferred retirees who elect continued health benefits hereunder may
maintain continuous membership in their County health and/or dental plan group
during the period of deferred retirement at their full personal expense, by paying
the full premium for their health and dental coverage on or before the eleventh
(11th) of each month to the Auditor-Controller. When they begin to receive
retirement benefits, they will qualify for the same health and/or dental plan
coverage and county subvention to which retirees who did not defer retirement
are entitled.
d. Deferred retirees who elect continued health benefits hereunder may
elect not to maintain participation in their county health and/or dental plan during
their deferred retirement period; and may instead qualify for the same coverage
and county subvention in any County health and/or dental plan when they begin
to receive retirement benefits as retirees who did not defer retirement are
entitled; provided reinstatement to a County group health and/or dental plan with
county subvention occurs no sooner than the first of the month following a full
three (3) calendar month waiting period after the commencement of their monthly
allowance.
e. Eligibility for County subvention will not exist hereunder unless and
until the member draws a monthly retirement allowance within not more than
twenty-four (24) months after separation from County service.
f. Deferred retirees are required to meet the same eligibility provisions
for health/dental plans as active/retired employees.
18.11 Child Care. The County will continue to support the concept of non-
profit child care facilities similar to the “Kid’s at Work” program established in
the Public Works Department.
SECTION 19 - PROBATIONARY PERIOD
19.1 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 nine (9) months. For promotional appointments, the probation period
shall be six (6) months.
19.2 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.
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19.3 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.
19.4 Rejection During Probation. An employee who is rejected
during the probation period and restored to the eligible list shall begin a new
probationary period if subsequently certified and appointed.
A. Appeal from Rejection. Notwithstanding any other provisions
of this section, an employee (probationer) shall have the right to appeal from any
rejection during the probationary period based on political or religious affiliations
or opinions, Council 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.
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19.5 Regular Appointment. The regular appointment of a
probationary employee shall begin on the day following the end of the
probationary period, subject to the condition that the Director of Human
Resources receive from the appointing authority a statement in writing that the
services of the employee during the probationary period were satisfactory and
that the employee is recommended for permanent appointment. A probationary
employee may be rejected at any time during the probation period without regard
to the Skelly provisions of this MOU, without notice and without right of appeal or
hearing except as provided in Section 19.4.A. If the appointing authority has not
returned the probation report, a probationary employee may be rejected from the
service within a reasonable time after the probation period for failure to pass
probation. If the appointing authority fails to submit in a timely manner the proper
written documents certifying that a probationary employee has served in a
satisfactory manner and later acknowledges it was his or her intention to do so,
the regular appointment shall begin on the day following the end of the
probationary period.
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 Human Resources Director 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.
19.6 Layoff During Probation. An employee who is laid off during
probation, if reemployed in the same class by the same department, shall be
required to complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if the
position is in a department other than the department from which the employee
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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.
19.7 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 20 – PROMOTION
20.1 Competitive Exam. Promotion shall be by competitive
examination unless otherwise provided in this MOU.
20.2 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.
20.3 Open Exams. If an examination for one of the classes
represented by the Council 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 Council to discuss
the reasons for such open announcement.
20.4 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 position reclassified at
the request of the appointing authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the
duties and responsibilities have significantly increased and constitute a higher
level of work.
b. The incumbent of the position must have performed at the higher
level for one (1) year.
c. The incumbent must meet the minimum education and experience
requirements for the higher class.
d. The action must have approval of the Human Resources Director.
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e. The Council approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
20.5 Requirements for Promotional Standing. In order to qualify for
an examination called on a promotional basis, an employee must have
probationary or permanent status in the merit system and must possess the
minimum qualifications for the class. Applicants will be admitted to promotional
examinations only if the requirements are met on or before the final filing date. If
an employee who is qualified on a promotional employment list is separated from
the merit system, except by layoff, the employee's name shall be removed from
the promotional list.
20.6 Seniority Credits. Employees who have qualified to take
promotional examinations and who have earned a total score, not including
seniority credits, of seventy percent (70%) or more, shall receive, in addition to all
other credits, five one-hundredths of one percent (.05%) for each completed
month of service as a permanent County employee continuously preceding the
final date for filing application for said examination. For purposes of seniority
credits, leaves of absence shall be considered as service. Seniority credits shall
be included in the final percentage score from which the rank on the promotional
list is determined. No employee, however, shall receive more than a total of five
percent (5%) credit for seniority in any promotional examination.
20.7 Physical Examinations. County employees who are required
as part of the promotional examination process to take a physical examination
shall do so on County time at County expense.
SECTION 21 - TRANSFER
21.1 Conditions. The following conditions are required in order to
qualify for transfer:
a. The position shall be in the same class, or if in a different class shall
have been determined by the Director of Human Resources to be appropriate for
transfer on the basis of minimum qualifications and qualifying procedure.
b. The employee shall have permanent status in the merit system and
shall be in good standing.
c. The appointing authority or authorities involved in the transaction
shall have indicated their agreement in writing.
d. The employee concerned shall have indicated agreement to the
change in writing.
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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.
21.2 Procedure. Any employee or appointing authority who desires
to initiate a transfer may inform the Director of Human Resources in writing of
such desire stating the reasons therefor. The Director of Human Resources shall
if he or she considers that the reasons are adequate and that the transfer will be
for the good of the County service and the parties involved, inform the appointing
authority or authorities concerned and the employee of the proposal and may
take the initiative in accomplishing the transfer.
SECTION 22 - 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.
22.1 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.
22.2 Constructive Resignation. A constructive resignation occurs
and is effective when:
a. An employee has been absent from duty for five (5) consecutive
working days without leave, and;
b. Five (5) more consecutive working days have elapsed without
response by the employee after the mailing of a notice of resignation by the
appointing authority to the employee at the employee's last known address.
c. Employees working a 4/10 schedule shall have constructively
resigned if four (4) days elapse as provided in "a" above followed by four (4) more
days as provided in "b" above.
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22.3 Effective Resignation. A resignation is effective when
delivered or spoken to the appointing authority, operative either on that date or
another date specified.
22.4 Revocation. A resignation that is effective is revocable only by
written concurrence of the employee and the appointing authority.
22.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7) calendar
days after its expression, by serving written notice on the Director of Human
Resources and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it shall be
revoked and the employee returned to duty effective on the day following the
appointing authority's acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice,
the appointing authority acknowledges that the resignation could have been
believed to be coerced, this question should be handled as an appeal to the Merit
Board. In the alternative, the employee may file a written election with the
Director of Human Resources waiving the employee's right of appeal to the Merit
Board in favor of the employee's appeal rights under the grievance procedure
contained in Section 24 – Grievance Procedure 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 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
23.1 Sufficient Cause for Action. The appointing authority may
dismiss, suspend, temporarily reduce the pay of, or demote any employee for
cause. A temporary reduction in pay is not to exceed more than five percent (5%)
for a period of three (3) months. The following are sufficient causes for such
action; the list is indicative rather than inclusive of restrictions and dismissal,
suspension, reduction in pay, 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,
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c. conduct tending to bring the merit system 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 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.
23.2 Skelly Requirements. Before taking a disciplinary action to
dismiss, suspend, for more than five (5) work days (four (4) work days for
employees on 4/10 work week), reduce the pay of, or demote an employee, the
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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.
23.3 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 any extension, the right to respond is lost.
23.4 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.
23.5 Length of Suspension. Suspensions without pay shall not
exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or
the Merit Board.
23.6 Procedure on Dismissal, Suspension, Temporary Reduction in
Pay, or Disciplinary 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.
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
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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 24 - Grievance Procedure of
this MOU provided that such appeal is filed in writing with the Human Resources
Director 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 24 of
this MOU.
23.7 Weingarten Rights. The County recognizes an employee’s
right to representation during an investigatory interview or meeting that may
result in discipline. The County shall not interfere with the representative’s right
to assist an employee to clarify the facts during the interview. If the employee
requests a union representative, the investigatory interview shall be temporarily
recessed for a reasonable period of time until a union representative can be
present. For those interviews, which by nature of the incident must take place
immediately, the union will take reasonable steps to make a union representative
immediately available.
The employer shall inform the employee of the general nature of the investigation
at the time the employer directs the employee to be interviewed.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps. A grievance is any dispute
which involves the interpretation or application of any provision of this MOU
excluding, however, those provisions of this MOU which specifically provide that
the decision of any County official shall be final, the interpretation or application
of those provisions not being subject to the grievance procedure. The Council
may represent the employee at any stage of the process. Grievances must be
filed within thirty (30) days of the incident or occurrence about which the
employee claims to have a grievance and shall be processed in the following
manner:
Step 1. Any employee or group of employees who believes that a provision
of this MOU has been misinterpreted or misapplied to his or her detriment shall
discuss the complaint with the grievant's immediate supervisor, who shall meet
with the grievant within five (5) days of receipt of a written request to hold such
meeting. Grievances challenging suspensions, reductions in pay, demotions and
terminations may be filed at Step 2 within the time frame set forth above.
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Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant
may submit the grievance in writing within ten (10) work days to such
management official as the Department Head may designate. This formal written
grievance shall state which provision of the MOU has been misinterpreted or
misapplied, how misapplication or misinterpretation has affected the grievant to
the grievant's detriment, and the redress the grievant seeks. A copy of each
written communication on a grievance shall be filed with the Director of Human
Resources. The Department Head or his or her designee shall have ten (10) work
days in which to respond to the grievance in writing. If either the union or
grievant request a meeting with the Department Head or his/her designee at this
step, such a meeting will be held.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the grievant
may appeal in writing within ten (10) workdays to the Human Resources Director.
The Human Resources Director or his or her designee shall have twenty (20) work
days in which to investigate the merit of the complaint and to meet with the
Department Head and the grievant and attempt to settle the grievance and
respond in writing.
Step 4. No grievance may be processed under this Section which has not first
been filed and investigated in accordance with Step 3 above and filed within ten
(10) work days of the written response of the Human Resources Director or
designee. If the parties are unable to reach a mutually satisfactory accord on any
grievance which arises and is presented during the term of this MOU, such
grievance shall be submitted in writing to an Adjustment Board comprised of
three (3) Council representatives, no more than two (2) of whom shall be either an
employee of the County or an elected or appointed official of the Council
presenting this grievance, and three (3) representatives of the County, no more
than two (2) of whom shall be either an employee of the County or a member of
the staff of an organization employed to represent the County in the meeting and
conferring process. Where the parties agree, the Adjustment Board may be
comprised of two (2) Council representatives and two (2) County representatives.
The Adjustment Board shall meet within twenty (20) work days of receipt of the
written request and render a decision. If the County fails to meet the time limits
specified in Step 4 and the grievant demands in writing that an Adjustment Board
be convened, the County will convene an Adjustment Board within ten (10) work
days of receipt of the original request. This step of the grievance procedure may
be waived by the written mutual agreement of the parties.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
grievant (or the County, when alleging a violation of Section 24.6 below) may
require that the grievance be referred to an impartial arbitrator who shall be
designated by mutual agreement between the grievant and the Human Resources
Director. Such request shall be submitted within twenty (20) workdays of the
rendering of the Adjustment Board decision. Within twenty (20) days of the
request for arbitration the parties shall mutually select an arbitrator who shall
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render a decision within thirty (30) work days from the date of final submission of
the grievance including receipt of the court reporter's transcript and post-hearing
briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter
shall be shared equally by the grievant and the County. Each party, however,
shall bear the costs of its own presentation, including preparation and post
hearing briefs, if any.
24.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide
or make recommendations on any dispute unless such dispute involves a
position in a unit represented by the Council which has been certified as the
recognized employee organization for such unit and unless such dispute falls
within the definition of a grievance as set forth in Step 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. Neither any Adjustment Board nor any arbitrator shall have 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 Human Resources Director in pursuance of the procedures
outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions
of Step 4 above resolve a grievance which involves suspension or discharge,
they may agree to payment for lost time or to reinstatement with or without
payment for lost time.
E. No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Boards or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the Council.
24.3 Time Limits. The time limits specified above may be waived by
mutual agreement of the parties to the grievance. If the County fails to meet the
time limits specified in Steps 1 through 3 above, the grievance will automatically
move to the next step. If a grievant fails to meet the time limits specified in Steps
1 through 5 above, the grievance will be deemed to have been settled and
withdrawn.
24.4 Council Notification. An official, with whom a formal grievance
is filed by a grievant who is included in a unit represented by the Council in the
grievance, shall give the Council a copy of the grievance.
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24.5 Compensation Complaints. All complaints involving or
concerning the payment of compensation shall be initially filed in writing with the
Human Resources Director. Only complaints which allege that employees are not
being compensated in accordance with the provisions of this MOU shall be
considered as grievances. Any other matters of compensation are to be resolved
in the meeting and conferring process, if not detailed in the MOU which results
from such meeting and conferring process shall be deemed withdrawn until the
meeting and conferring process is next opened for such discussion. No
adjustment shall be retroactive for more than six (6) months from the date upon
which the complaint was filed.
No change in this MOU or interpretations thereof (except interpretations resulting
from Adjustment Board or arbitration proceedings hereunder) will be recognized
unless agreed to by the County and the Council.
24.6 Strike/Work Stoppage. During the term of this MOU, the
Council, 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 union
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.
24.7 Merit Board. All grievances of employees in representation
units represented by the Council shall be processed under Section 24 unless the
employee elects to apply to the Merit Board on matters within its jurisdiction.
No action under Steps 3, 4 and 5 of Subsection 24.1 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.
24.8 Filing by Council. The Council 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 25 - RETIREMENT
25.1. Contribution. Pursuant to Government Code Section 31581.1, the
County will continue to pay fifty percent (50%) of the retirement contributions
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normally required of employees. Such payments shall continue for the duration of
this MOU, and shall terminate thereafter. Employees shall be responsible for
payment of the employees' contribution for the retirement cost of living program
as determined by the Board of Retirement of the Contra Costa County Employees'
Retirement Association without the County paying any part of the employees
share. The County will pay the remaining one-half (1/2) of the retirement cost-of-
living program contribution.
25.2 Tier III. Subject to the enactment of enabling legislation
amending the 1937 Employees’ Retirement Act to allow such election, the County
will permit certain Tier II employees to elect a Tier III Retirement Plan under the
following conditions:
1. The County and the Labor Coalition must agree on the wording of
the legislation and both parties must support the legislation.
2. Except for disability, all benefit rights, eligibility for and amounts of
all other benefit entitlements for Tier III, from and after the date of
implementation, shall be the same as Tier I. The disability benefits for Tier III shall
be the same as the current Tier II disability provisions.
3. The amount of the employee's required retirement contribution shall
be established by the County Employees' Retirement Association and shall be
based on the employee’s age at entry into the retirement system.
4. Employees represented by the Labor Coalition and its member
employee organizations (herein referred to as “Labor Coalition”) enrolled in Tier II
who have attained five (5) years of retirement credited service as of the effective
date of the enabling legislation shall have a six (6) month period after such date
to make a one time irrevocable election of the Tier III Retirement Plan expressed
herein subject to action by the Board of Supervisors to implement the Plan.
Thereafter, employees represented by the Labor Coalition enrolled in Tier II who
have attained five (5) years of retirement credited service shall have a ninety (90)
day period to make a one time irrevocable election of the Tier III Retirement Plan
expressed herein.
5. a. The County's employer contributions and subvention of
employee contributions for Labor Coalition employees electing Tier III which
exceed those which would be required for Tier II membership shall:
1) be funded by reducing the general wage increase agreed upon to be
effective October 1, 1997, and the pay equity amounts attributable thereto, by a
percentage sufficient to reduce the County’s wage obligation by $3 million dollars
year; and the general wage increase of all employees represented by the Labor
Coalition shall be reduced accordingly; and
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2) in the event the County’s costs attributable to the creation and
operation of Tier III exceed $3 million per year or the County Employees’
Retirement Association’s actuaries determine in future years that the County’s
retirement costs have increased and that the increase is attributable to the
creation of Tier III and/or the impact of Tier III on the County’s retirement costs,
such increase shall be funded by reducing the general wage increase(s) agreed
upon in future years, and the pay equity amounts attributable thereto, to the
extent that future wage increases are granted; and the general wage increase(s)
of all employees represented by the Labor Coalition shall be reduced
accordingly; and
3) in the event the County’s costs attributable to the Tier III Retirement
Plan are less than $3 million per year, the difference shall be divided by twelve
and each twelfth shall be augmented by an amount equal to the County’s
common pooled fund interest which would have accrued if one twelfth had been
invested in the first month of the past year, two twelfths in the second month of
the past year and so forth; and
4) any savings to the County resulting from the creation and operation
of Tier III shall be used to offset future County retirement cost increases
attributable to the creation and operation of Tier III; and
5) County savings shall be held in an account by the Auditor-Controller
which is invested in the County’s common pooled fund and will accrue interest
accordingly. The County will report yearly to the Labor Coalition on a) the
beginning account balance, b) the interest earned, c) expenditures from the
account to cover increased costs resulting from the Tier III Retirement Plan, and
d) the ending account balance.
b. Any increased costs to the County, due to Tier III participation by
employees not represented by the Labor Coalition, shall not be funded by
reduction of general wage increases otherwise due to the employees represented
by the Labor Coalition.
c. Subject to the provisions expressed above, any and all additional
employer and County-paid employee contributions which exceed the sum of the
County's legally required contributions under Tier II shall be recovered by
reducing general wage increases to the employees represented by the Labor
Coalition.
d. Any disputes regarding cost or savings shall be subject to binding
arbitration upon demand of the Labor Coalition or the County.
6. a. The enabling legislation shall provide that the Tier III
Retirement Plan may be implemented only by an ordinance enacted by the Board
of Supervisors.
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b. Board of Supervisors’ action to implement the Tier III
Retirement Plan shall be taken not earlier than seven (7) months after the
effective date of the legislation plus thirty (30) days after an actuarial report on
the County cost of the Plan is received by the County, provided that before
enactment of the ordinance, the Labor Coalition has not notified the County in
writing that a one percent (1%) wage increase shall be implemented by the
County effective October 1, 1997, without interest, in lieu of implementation of the
Tier III Retirement Plan.
7. The establishment of the Tier III Retirement Plan pursuant to
the terms of this Memorandum of Understanding shall be subject to approval by
the Board of Retirement of the Contra Costa County Employees’ Retirement
Association.
8. In the event the County is prevented from implementing the
Tier III Retirement Plan for any reason on or before the termination date of this
MOU, the agreement of the parties regarding a Tier III Retirement Plan shall
expire and a one percent (1%) lump sum wage increase shall be implemented by
the County within sixty (60) days after the determination that Tier III cannot be
implemented or as soon thereafter as practicable for the period covering October
1, 1997 through such termination date, without interest, in lieu of the Tier III
Retirement Plan.
Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated and all
employees in Tier 2 of the retirement plan shall be placed in Tier 3.
Employees in Tier 2 with ten (10) or more years of County/District service, will be
eligible to participate in the County’s buy back program. Employees may replace
Tier 2 benefits with Tier 3 benefits as follows:
1.Employee buys back two (2) years, County will buy back one (1) year for a total
of three (3) years of buyback.
2.Employee buys back four (4) years, County will buy back two (2) years for a
total of six (6) years of buyback.
3.Employee buys back six (6) years, County will buy back three (3) years for a
total of nine (9) years of buyback.
SECTION 26 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall limit reimbursement for career development training to $750
per fiscal 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
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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 27 - MILEAGE REIMBURSEMENT
A. Reimbursement for Use of Personal Vehicle. The mileage
allowance for use of personal vehicles on County business shall be paid
according to the rates allowed by the Internal Revenue Service and shall be
adjusted to reflect changes in this rate on the date it becomes effective or the
first of the month following announcement of the changed rate by the Internal
Revenue Service, whichever is later.
B. 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.
SECTION 28 - 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 personal
history 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 work hours. For those employees whose work
hours do not coincide with the County’s business hours, management shall
provide a copy of the employee’s personnel file for their review. The custodian of
records will certify that the copy is a true and correct copy of the original file.
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 permanent personnel record.
All documents pertaining to disciplinary actions shall be placed in an official
personnel file maintained by the Human Resources Department or in an official
personnel file maintained by their department. 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
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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. 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 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 29 - PROFESSIONAL DEVELOPMENT
29.1 Professional Development Reimbursement. Each full-time employee
shall be eligible to claim up to $800.00 for the two (2) year period, starting
January 1, 2006. All eligible employees will be allowed reimbursement under this
Section.
Effective January 1, 2008, each full-time employee shall be eligible to claim up to
$850.00 for a two (2) year period and will be allowed reimbursement under this
Section.
Allowable expenses include the following activities and materials directly related
to the profession in which the individual is engaged as a County employee:
a. Membership dues to professional organizations.
b. Registration fees for attendance at professional meetings,
conferences, and seminars.
c. Books, journals, and periodicals.
d. Tuition and textbook reimbursement for accredited college or
university classes.
e. Professional license and renewal fees for any engineer with a
license or for any professional certification related to the job.
f. Application and examination fees for registration as a
professional engineer, architect, engineer-in-training, Certified Hazardous
Materials Manager, and Certified Safety Professional.
g. Certain job-related instruments, computer software and
computer hardware from a standardized County approved list or with Department
Head approval, provided each Engineer complies with the provisions of the
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Computer Use and Security Policy adopted by the Board of Supervisors and
manuals.
Exclusions: Items specifically not authorized for purchase with these funds
include, but are not
necessarily limited to the following:
a. Health program memberships and physical fitness equipment.
b. Equipment or supplies not specifically required for or directly
related to participation in a professional conference, seminar or workshop.
c. General office supplies.
d. Magazine subscriptions, newspapers, periodicals, or journals
or general circulation such as Time, Newsweek, Press Democrat Newspaper, etc.
e. Time planners or calendar-type books.
29.2 Continuing Education Allowance. Employees in
classifications represented by the Western Council of Engineers shall be eligible
to receive a 2.5% Continuing Education Allowance effective the first of the month
following adoption of the Memorandum of Understanding by the Board of
Supervisors. The employee must annually complete at least sixty (60) hours of
approved education or training or at least three (3) semester units of department
approved college credit or approved combination thereof.
29.3 Professional Examination Time Off. Effective July 1,
1992 employees will be permitted, one time only during their career with the
County, to be granted release time with pay to participate in any part of the
examination for Professional Engineer, Land Surveyor or Architect. Specific
language to be developed.
SECTION 30 - FLEX-TIME
It is understood that Resolution No. 75/1037 pertaining to flex-time may be
applied to the Professional Engineers Unit as well as other County employees.
Nothing contained in this MOU prohibits the Department Head from implementing
a flex-time system for employees in the Professional Engineers Unit. The
Department Head, prior to implementation, shall discuss the implementation of
any flex-time system involving employees represented by the Western Council of
Engineers with the Council. Then the department shall determine if said flex-time
is feasible following a trial period and then shall submit the plan to the County
Administrator for approval. Upon written request to the Labor Relations Manager,
Western Council of Engineers may request to meet with the Department Head for
the purpose of proposing an alternate flexible work schedule.
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SECTION 31 - BOOK REIMBURSEMENT
The County agrees to reimburse members of the Professional Engineers Unit for
the full cost of books purchased when the books are required for job related
training for which the employee receives full reimbursement of registration fees
and/or tuition.
SECTION 32 - SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES
The County shall reimburse employees for safety shoes and prescription safety
eyeglasses in those classifications the County has determined are eligible for
such reimbursement. For each two (2) year period starting January 1, 2006,
eligible employees will be allowed reimbursement for the purchase and repair of
safety shoes, and the purchase of toes guards, up to a maximum of two hundred
and seventy-five dollars ($275) There is no limitation on the number of shoes or
toe guards, or number of repairs allowed.
The County will reimburse eligible employees for up to one (1) pair per year of
prescription safety eyeglasses which are approved by the County and are
obtained from such establishment as required by the County.
The County agrees to modify the prescription safety glasses allowance to reflect
an additional $20 allowance annually for lenses, and an additional $10.00
allowance annually towards the purchase of safety frames.
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.
SECTION 33 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at the
sole discretion of the County.
The following procedures shall apply:
a. Presentation Before the Board of Supervisors. An employee with
twenty (20) or more years of service may go before the Board of Supervisors to
receive his/her Service Award. When requested by a department, the Human
Resources Department will make arrangements for the presentation ceremony
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before the Board of Supervisors and notify the department as to the time and date
of the Board meeting.
b. Service Award Day Off. Employees with fifteen (15) or more years of
service are entitled to take a day off with pay at each five (5) year anniversary.
SECTION 34 - 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 if the employee is 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.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 35 - PERSONAL PROPERTY REIMBURSEMENT
The loss or damage to personal property of employees is subject to
reimbursement under the following conditions:
a. The loss or damage must result from an event which is not
normally encountered or anticipated on the job and which is not subject to the
control of the employee.
b. Ordinary wear and tear of personal property used on the job is
not compensated.
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c. Employee tools or equipment provided without the express
approval of the department head and automobiles are excluded from
reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of
proper care by the employee.
f. The personal property was necessarily worn or carried by the
employee in order to adequately fulfill the duties and requirements of the job.
g. The loss or damage to employees’ eyeglasses, dentures or
other prosthetic devices did not occur simultaneously with a job connected injury
covered by workers' compensation.
h. The amount of reimbursement shall be limited to the actual
cost to repair damages. Reimbursement for items damaged beyond repair shall
be limited to the actual value of the item at the time of loss or damage but not
more than the original cost.
i. The burden of proof of loss rests with the employee.
j. Claims for reimbursement must be processed in accordance
with the Administrative Bulletin on Compensation for Loss or Damage to
Personal Property.
SECTION 36 - LENGTH OF SERVICE DEFINITION
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including
temporary, provisional, and permanent status, and absences on approved leave
of absence). When an employee separates from a permanent position in good
standing and within two years is reemployed in a permanent County position or is
reemployed in a permanent County position from a layoff list within the period of
layoff eligibility, service credits shall include all credits accumulated at time of
separation, but shall not include the period of separation. The Human Resources
Director shall determine these matters based on the employee status records in
his department.
SECTION 37 - 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
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full time. If the employee works at least fifty percent (50%) of full time, County
retirement participation is also included.
SECTION 38 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick
leave benefits.
SECTION 39 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN
39.1 A permanent-intermittent employee represented by Western
Council of Engineers may participate in the County Group Health Plan of
combined medical, dental and life insurance coverage wholly at the employee's
expense. The County will not contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly premium appropriately and
punctually. Failure to meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan and reinstatement may
only be effectuated during the annual open enrollment period.
39.2 Effective one hundred and twenty (120) days after all Coalition
Employee Organizations have signed their respective Letters of Understanding,
the following benefit program shall be offered to permanent-intermittent
employees:
a. Program. The County shall offer CCHP Plan A-2 at the
subvention rate of sixty-four percent (64%) of the cost of the premium for a single
individual, to those permanent-intermittent employees who meet and maintain
eligibility.
b. Eligibility. Initial eligibility shall be achieved when an employee
has worked three (3) continuous months of service at an average of fifty percent
(50%) time per month. In order to maintain eligibility, a permanent-intermittent
employee must remain in paid status during each successive month.
c. Pre-Pay. Employees who have achieved eligibility under the
terms of 39.2b will pre-pay the employee’s portion of the premium cost so that the
effective date of enrollment begins effective the first of the month of eligibility.
Employees must continue to pre-pay their portion of the health insurance
premium in order to continue benefits. In addition, employees who meet the
eligibility requirements and who have been voluntarily paying for a county group
health program shall be allowed to enroll in CCHP Plan A-2 without a waiting
period.
d. Family Coverage. Employees may elect to purchase at their
own expense, family coverage, including domestic partner, and shall follow the
procedures outlined in c. above for payment for this optional coverage.
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e. Implementation. There shall be a sixty (60) day Open
Enrollment period with the initial date of coverage effective August 1, 2000.
Subsequent Open Enrollment periods shall be for thirty (30) days and coincide
with the open enrollment period for County employees beginning in 2001.
Permanent-intermittent employees who are not currently eligible, but who
subsequently meet the eligibility requirements, shall be notified of their eligibility
and shall have thirty (30) days to decide whether or not to elect coverage under
this program.
f. Employees who are temporarily ineligible may purchase, at
their own cost, the plan in accordance with the procedures set forth by the
Contra Costa County Health Plan.
Nothing in Section 39.2 shall prevent an employee from electing health coverage
under either Section 39.1 or Section 39.2
SECTION 40 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County
immediately prior to their provisional appointment, are eligible for vacation and
sick leave benefits.
Provisional employees may participate in the County Group Health Plan of
combined medical, dental and life insurance coverage wholly at the employee's
expense. The County will not contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly premium appropriately and
punctually. Failure to meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan and reinstatement may
only be effectuated during the annual open enrollment period.
SECTION 41 - REGISTRATION DIFFERENTIAL
The County shall pay a 2.5% differential for the following classifications that
possess a license as a professional engineer:
Public Works: Engineer – Entry Level & Engineer – Journey Level
Health Services: Accidental Release Prevention (ARP) Engineer and Accidental
Release Prevention (ARP) Engineer - Entry
SECTION 42 - MALPRACTICE COVERAGE
The County's obligation to defend and indemnify its employees is prescribed by
California Government Code Sections 825 et seq. and 995 et seq. This Section
shall be enforceable only at law in accordance with the applicable law, but shall
not be subject to the grievance provisions of this MOU.
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SECTION 43 - DEPENDENT CARE SALARY CONTRIBUTION
Subject to the applicable provisions of the Internal Revenue Service, employees
may contribute up to five thousand dollars ($5,000) each calendar year from their
salaries for approved dependent care; only eligible employees may contribute for
such expenses; there is no County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, proof of payment,
and applicable County administrative procedures.
SECTION 44 - SPECIAL STUDIES
44.1 Attendance Program. There shall be convened a Labor-
Management Committee to develop an attendance program for County
employees.
44.2 Grievance Procedure. Representatives of the County
shall meet and confer with representatives of the Labor Coalition in order to
develop rules and guidelines governing the conduct and administration of
Adjustment Boards.
44.3 Wellness Incentive Program. A broad-based pilot
Wellness Incentive Program will be developed with input from the joint
Labor/Management Wellness Committee. The purpose of this program will be to
reward County employees with incentives for participating in Wellness Program
activities and encourage them to live healthier lifestyles. The Wellness Committee
will work closely with the Human Resources Department on program design and
implementation.
Program Design. The Wellness Incentive Program design will include the
development of additional wellness activities to compliment the current
Employee Wellness Program schedule and collaboration with health plan carriers
to develop special programs and activities for County employees and to
encourage participation in their established wellness activities. Special emphasis
will be placed on supporting major programs such as: Smoking Cessation,
Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health Fairs.
Format. A point value system for program participation will be developed wherein
each wellness activity and program will be assigned a point value. Points will
accumulate and incentive prizes will be awarded to employees upon realizing
certain point levels. The value of the prizes will increase with higher point values
and one (1) grand prize will be awarded each year to the employee with the
highest number of points.
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Incentives. A series of incentive prizes will be assigned to certain point values. In
addition, recognition for employee and department participation will be an
important aspect of the Wellness Incentive Program.
Referral. The parties agree to refer the contents of this proposal to the Wellness
Committee for its consideration.
44.4 Differentials. The County and the Labor Coalition agree
to establish a Labor/Management Committee comprised of five (5) Labor and five
(5) Management employees to study and recommend actions necessary to
standardize payment and application of differentials including, but not limited to,
proration for less than full-time employees; the length of payment while on paid
sick leave or disability and consistency between percent-based vs. flat-payment
differentials.
44.5 Ergonomic Evaluation. A member of the Risk
Management staff is available to assess work stations at the employee’s request.
Both the employer and the employee agree to follow recommendations made by
Risk Management or other professionals who assess the work station in
accordance with Administrative Bulletin 426.
44.6 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 45 - 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 46 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
46.1 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.
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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.
46.2 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.
46.3 Personnel Management Regulations. Where a specific provision
contained in a section of this MOU conflicts with a specific provision contained in
a section of the Personnel Management Regulations, the provision of this MOU
shall prevail. Those provisions of the Personnel Management Regulations within
the scope of representation which are not in conflict with the provisions of this
MOU and those provisions of the Personnel Management Regulations which are
not within the scope of representation shall be considered in full force and effect.
46.4 Duration of Agreement. This Agreement shall continue in full force
and effect from October 1, 2005 to and including September 30, 2008. 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 47 - UNFAIR LABOR PRACTICE
Either the County or the Council may file an unfair labor practice as defined in
Chapter 34-22 of Board Resolution 81/1165 against the other. Allegations of an
unfair labor practice, if not resolved in discussions between the parties, may be
heard by a mutually agreed upon impartial third party.
DATE:___________________________
CONTRA COSTA COUNTY WCE
________________________________ _______________________________
________________________________ _______________________________
________________________________ _______________________________
________________________________ _______________________________
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Date: _______________
Contra Costa County: Western Council of Engineers:
___________________ ___________________
___________________ ___________________
___________________ ___________________
___________________ ___________________
___________________ ___________________
___________________ ___________________
___________________ ___________________
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SECTION 6 – DAYS AND HOURS OF WORK is effective on March 1, 2010.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Days and Hours of Work. The normal work week of County employees is
forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5)
eight (8) hour days; however, where operational requirements of a department require
deviations from the usual pattern of five (5) eight (8) hour days per work week, an
employee's work hours may be scheduled to meet these requirements. The Department
Head shall prepare written schedules in advance to support all deviations, including the
complete operational cycle contemplated.
The work week for employees in the 4/10 shift is four (4) ten (10) hour working days
during a work week consisting of any seven (7) day period. 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), it will meet and confer with the Union prior to implementing
said new shift.
6.2 Work Schedule Re-Opener. The parties agree to reopen the work schedule
provisions of the Memorandum of Understanding for the purpose of ensuring consistent
practices among the departments and compliance with appropriate regulatory
requirements. Any changes to the MOU and/or past practice except those necessitated
by legal requirements shall be subject to agreement by both parties. If the County
believes a change is necessitated
by legal requirements, it shall notify the Union of the change and the legal basis thereof.
The County shall offer to meet with the Union before the County implements such
change.
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 when the employee is
regularly scheduled to work other than eight (8) hours per day between Monday and
Friday, inclusive.
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.
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D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7)
day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four (44)
hours in the next calendar week, but only forty (40) hours in the designated workweek.
In the thirty-six (36) hour calendar week, the employee works four (4) nine (9) hour days
and has the same day of the week off that is worked for eight (8) hours in the forty-four
(44) hour calendar week. In the forty-four (44) hour calendar week, the employee
works four (4) nine (9) hour days and one (1) eight (8) hour day.
F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek begins
on the same day of the week as the employee’s eight (8) hour work day and regularly
scheduled 9/80 day off. The start time of the workweek is four (4) hours and one (1)
minute after the start time of the eight (8) hour workday. The end time of the workweek
is four (4) hours after the eight (8) hour workday start time. The result is a workweek
that is a fixed and regularly recurring period of seven (7) consecutive twenty-four (24)
hour periods (168 hours).
H. Workweek for Twenty-Four Hour (24) Facility Employees: For employees who
work in a twenty-four (24) hour facility in the Health Services Department and who are
not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and ends at
12:00 midnight on Saturday.
SECTION 7 - OVERTIME & COMPENSATORY TIME
Section 7.1 Overtime is effective on March 1, 2010.
7.1 Overtime. Overtime is any authorized work performed in excess of forty
(40) hours per week or eight (8) hours per day. Overtime for 4/10 shift employees is any
work performed beyond ten (10) hours per day or forty (40) hours per week. All
overtime shall be compensated for at the rate of one and one-half (1-1/2) times the
employee's base rate of pay (not including shift and other special differentials).
Overtime for permanent employees is earned and credited in a minimum of one-half
(1/2) hour increments and is compensated by either pay or compensatory time off.
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Employees entitled to overtime credit for holidays in positions which work around the
clock shall be provided a choice as to whether they shall be paid at the overtime rate or
shall receive compensatory time off at the rate of one and one-half (1 1/2) hours
compensatory time off for each hour worked. Such compensatory time off, and the
accumulation thereof shall be in addition to the total vacation accumulation permitted
under the terms of this MOU. The specific provision of this accumulation are set forth in
Section 12.6 – Accrual of Holiday Time & Credit of this MOU. Regular overtime for
twenty-four (24) hour institutional employees may be accrued as compensatory time in
accordance with Section 7.2 of this MOU.
SECTION 12 HOLIDAYS is effective on March 1, 2010.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Year’s Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents’ Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate
as holidays.
B. Each full time employee will accrue two (2) hours of personal holiday
credit per month. Such personal holiday time may be taken in increments
of one-tenth (1/10) hour, 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 beginning January 1, 1988. On separation
from County service, an employee will be paid for any unused personal
holiday credits at the employee's then current pay rate.
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12.2 Application of Holiday Credit. The following provisions indicate how
holiday credit is to be applied:
a. Employees on the five (5) day Monday through Friday work schedule shall
be entitled to a holiday whenever a holiday is observed pursuant to the
schedule cited above.
b. Employees on a work schedule other than Monday through Friday shall be
entitled to credit for any holiday, whether worked or not, observed by
employees on the regular schedule.
c. For all employees, if a work day falls on a scheduled holiday they shall
receive overtime pay or equivalent compensatory time credit (holiday
credit) for working the holiday or if a holiday falls on the day off of an
employee, the employee shall be given straight time pay or equivalent
compensatory time credit and unless otherwise provided for in other
Sections of this Agreement.
d. If any holiday listed in Section 12.1.A. above, falls on a Saturday, it shall
be celebrated on the preceding Friday. If any holiday listed in Section
12.1.A. falls on a Sunday, it shall be celebrated on the following Monday.
For employees in positions assigned to units or services on a shift
operational cycle which includes a Saturday or Sunday as designated by
the appointing authority (rather than Monday through Friday eight (8)
hours per day or a designated 4/10 or 9/80 schedule) holidays shall be
observed on the day on which the holiday falls regardless if it is a
Saturday or Sunday.
12.3 Permanent Part-Time Employees. Permanent part-time and permanent-
intermittent employees who work on a holiday shall receive overtime pay or
compensatory time credit for all hours worked, up to a maximum of eight (8).
12.4 4/10 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled
holiday they shall receive overtime pay or equivalent compensatory time
credit (holiday credit) for working the holiday for the first eight (8) hours
worked, or if a holiday falls on the day off of an employee, the employee
shall be given straight time pay or equivalent compensatory time credit for
eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave, vacation
or leave without pay on a holiday shall be two (2) hours.
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12.5 9/80 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled
holiday, they shall receive overtime pay or equivalent compensatory time
credit (holiday credit) for working the holiday for the first eight (8) hours
worked; or if a holiday falls on the day off of an employee, the employee
shall be given straight time pay or equivalent compensatory time credit for
eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave, vacation,
or leave without pay on a holiday shall be one (1) hour.
12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit
shall be permitted to elect between pay or compensatory time off in recognition of
holidays worked.
The following procedures shall apply to this selection:
a. Any person who is eligible and who elects to accrue holiday credit must
agree to do so for a full fiscal year (July 1 through June 30) or the
remainder thereof.
b. Employees starting work after a list of those electing to accrue holiday
credit has been submitted to the Auditor and approved will be paid
overtime unless they specifically request in writing within seven (7)
calendar days to be placed on the holiday credit accrual list.
c. Holiday time shall be accrued at the rate specified above to a maximum of
eight (8) hours worked by the employee.
d. Accrued holiday credit may not be accumulated in excess of two hundred
eighty-eight (288) working hours, exclusive of regular vacation accruals.
After two hundred eighty-eight (288) hours, holiday time shall be paid at
the rates specified above.
e. Accrued holiday credit may be taken off at times determined by mutual
agreement of the employee and the department head.
f. Accrued holiday credit shall be paid off only upon a change in status of
the employee such as separation, transfer to another department or
reassignment to a permanent-intermittent position.
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12.7 Work Leave. Upon Board of Supervisors approval of the MOU, but no
later than November 10, 2006, each employee will receive 24 hours of Paid Time Off
(PTO) (prorated for part-time and permanent intermittent employees). If an employee is
not granted his/her choice of day off, the supervisor shall suggest an alternate date. If
the employee and supervisor cannot agree on the alternate date, the employee shall
observe the day off on the employee’s birthday. An employee whose birthday falls on a
scheduled day off, may observe the PTO on the scheduled work day immediately
preceding or immediately following the employee’s birthday. 24/7 shift employees
unable to schedule time off will be cashed out for unused time at the end of the
agreement. This provision shall automatically terminate upon expiration of the MOU,
and except as noted above, an employee will not be allowed to cash out any unused
time.
12.8 Holiday Schedule – Re-Opener. The parties agree to reopen the holiday
schedule provisions of the Memorandum of Understanding for the purpose of ensuring
consistent practices among the departments on holiday scheduling, and compliance
with appropriate regulatory requirements. Any changes to the MOU and/or past
practice, except those necessitated by legal requirements, shall be subject to
agreement by both parties. If the County believes a change is necessitated by legal
requirements, it shall notify the Union of the change and the legal basis thereof. The
County shall offer to meet with the Union before the County implements such change.
12.2- Holiday is Not Worked
A. 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.
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.
B. Holiday Observed in Excess of Eight (8) hours: When a holiday falls on an
employee’s regularly scheduled workday, the employee is entitled to only eight (8)
hours off without a reduction in pay. If the workday is a nine (9) hour day, the employee
must use on one (1) hour of non-sick leave accruals. If the workday is a ten (10) hour
day, the employee must use two (2) hours of non-sick leave accruals. If the employee
does not have any non-sick leave accrual balances, leave without pay (AWOP) will be
authorized.
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C. Holidays Observed – Part time Employees: Part time employees on regular,
4/10, 9/80, flexible, and alternate work schedules 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.
D. Holiday on Regular Day Off of Full Time Employees on 4/10, 9/80, Flexible, and
Alternate Work Schedules: When a holiday is observed by the County on the
regularly scheduled day off of a full-time 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 a
reduction in pay, in recognition of the holiday. The employee is also entitled to receive
eight (8) hours flexible compensatory time or pay at the rate of 1.0 times his/her base
rate of pay in recognition of his/her regularly scheduled day off.
Those For these 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. , requests for time off on the day
before or the day after an observed holiday will be given priority over requests from
other employees for time off on those same days. However, 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.
12.3- Holiday is WORKED and Holiday is Part of Employees Regularly Scheduled
Workweek
12.3 – Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day of
Full Time Employees on Regular, 4/10, 9/80, Flexible, and Alternate Work
Schedules:
A. Holiday Worked by Full Time Employees on Regular, 4/10, 9/80, Flexible, and
Alternate Work Schedules (holiday falls on employee’s regularly scheduled
work day): When a full time employee works on a holiday that is part of the
employee’s regularly scheduled work week, 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. The
employee is also entitled to receive overtime pay or overtime compensation time at
the rate of one and one half (1.5) times his/her base rate of pay (not including
differentials) for all hours worked on the holiday beyond eight hours, but only if the
employee was required to work on the holiday due to an emergency, except as
provided in Section 7.1 above. This provision applies to the regular, 4/10, 9/80,
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flexible, and alternate work schedules.
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B. Holiday Worked by Part Time Employee and Permanent Intermittent Employee
(holiday is part of regular work schedule): When a part time employee and
permanent intermittent employee works on a holiday that is part of the employee’s
regularly scheduled workweek, the employee is entitled to receive his/her regular
salary. The part time employee and permanent intermittent 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 on the holiday, up to a maximum of eight (8) hours.
Section 12.4 – Holiday is Worked and Holiday is NOT Part of Employee’s
Regularly Scheduled Workweek
12.4 – Holiday is Worked and Holiday Falls on Regularly Scheduled Day Off of
Full Time Employees on 4/10, 9/80, Flexible, and Alternate Work Schedules:
A. Holiday Worked by Full Time Employees on 4/10, 9/80, Flexible, and Alternate
Work Schedules (holiday falls on employee’s regularly scheduled day off): When a
full time employee works on a holiday that is not part of the employee’s regularly
scheduled work week 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. This provision applies to employees on 4/10, 9/80,
flexible, and alternate work schedules.
B. Holiday Worked by Part Time Employee and Permanent-Intermittent Employee
(holiday is NOT part of regular schedule): When a part time employee and
permanent-intermittent employee works on a holiday that is not part of the
employee’s regularly scheduled workweek, the em0ployee is entitle 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) times his/her base rate of pay (not including
differentials) or compensation time at the same rate for all hours worked on the
holiday.
C. Holidays are always part of the regular workweek for employees who work the
regular work schedule.
B. See Section 12.3 A. when an employee on a regular work schedule works on a
holiday.
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Section 12.5 - Holiday and Compensatory Time Provisions
A. Maximum Accruals of Holiday Comp 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 Comp Time: Holiday compensatory time will be paid off only
upon a change in status. A change in status includes but is not limited to 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 Comp Time: Flexible compensatory time will be paid off only
upon a change in status. A change in status includes it is not limited to 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.
12.6 – Provisions for Part Time Employees and Permanent Intermittent
Employees - Reopener: The parties will agree to reopen the provisions of Section 12
of this Memorandum of Understanding for the limited purpose of meeting and
conferring to ensure consistent practices across departments regarding part time
employees and permanent intermittent employees.
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12.7 - Automated Time Keeping - Reopener: This agreement may be re-opened at
the request of either party for the purpose of meeting and conferring regarding the
establishment of an automated time keeping system.
Date: _______________
Contra Costa County: Western Council of Engineers:
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