HomeMy WebLinkAboutRESOLUTIONS - 03272012 - 2012/92 (2)
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
AND
UNITED CHIEF OFFICERS ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by
the parties.
The Employee Relations Officer (County Administrator) is the representative of the
Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board
of the Contra Costa County Fire Protection District as provided in Board Resolution
81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in the Fire Management Unit
and have freely exchanged information, opinions and proposals and have endeavored
to reach agreement on matters relating to the employment conditions and employer-
employee relations covering such employees.
For the purposes of this Memorandum of Understanding, Fire Protection District UCOA
Personnel Bulletins on the subject of Time Off to Vote, Sick Leave, Smoking, Health &
Fitness, Violence in the Workplace, Address & Telephone Numbers, Political Activities,
Sexual Harassment, Drivers License, Facilities, Vehicles & Equipment, Alternate (9/80)
Work Schedule, and Court Appearance/Witness Duty are incorporated by reference to
this Memorandum of Understanding and are made a part hereof as if fully set forth
herein.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors in its capacity as ex-officio Governing Board of the Contra Costa
County Fire Protection District as the joint recommendation of the undersigned for terms
and conditions of employment for the term set forth herein.
In the event provisions of this Memorandum of Understanding contradict any resolution,
administrative bulletin or personnel rules of the County or District, the terms of this
Memorandum of Understanding shall prevail.
UCOA 2 2011-2014 MOU
DEFINITIONS
A. Appointing Authority: Fire Chief unless otherwise provided by statute or
ordinance.
B. Association: The United Chief Officers Association of the Contra Costa
County Fire Protection District (UCOA).
C. Board: Board of Supervisors in its various capacities.
D. 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.
E. Class Title: the designation given to a class, to each position allocated to
the class, and to the employees allocated to the class.
F. County: Contra Costa County.
G. 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
Memorandum of Understanding or in the Personnel Management
Regulations.
H. District: Contra Costa County Fire Protection District.
I. Director of Human Resources: the person designated by the County
Administrator to serve as the Assistant County Administrator-Director of
Human Resources.
J. Eligible: any person whose name is on an employment or reemployment
or layoff list for a given class.
K. Employee: a person who is an incumbent of a position or who is on leave
of absence in accordance with provisions of this Memorandum of
Understanding and whose position is held pending the employee's return.
L. Employment List: a list of persons, who have been found qualified for
employment in a specific class.
M. Layoff List: means a list of persons who have occupied positions allocated
to a class in the Merit System and who have been involuntarily separated
by layoff or displacement; or demoted by displacement; or have voluntarily
demoted in lieu of layoff or displacement; or have transferred in lieu of
layoff or displacement.
DEFINITIONS
UCOA 3 2011-2014 MOU
N. Merit System: the Contra Costa County Merit System.
O. Permanent-Intermittent Position: any position which requires the services
of an incumbent for an indefinite period but on an irregularly scheduled,
less than full-time basis.
P. 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.
Q. Personnel: the same as employee.
R. Permanent Position: any position which has required, or which will require
the services of an incumbent without interruption, for an indefinite period.
S. 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 District
revenues.
T. 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
Memorandum of Understanding or in the Personnel Management
Regulations.
U. Position: the assigned duties and responsibilities calling for the regular
full-time, part-time or intermittent employment of a person.
V. 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 (5) percent of the top
step, except as otherwise provided for in the Personnel Management
Regulations or other ordinances.
W. 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.
X. 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.
Y. Resignation: the voluntary termination of permanent employment with the
District.
SECTION 1 – RECOGNITION
UCOA 4 2011-2014 MOU
Z. Temporary Employment: any employment which will require the services
of an incumbent for a limited period of time, paid on an hourly basis, not in
an allocated position or in permanent status.
AA. 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 (5) percent at top step as the class previously
occupied by the employee.
SECTION 1 – RECOGNITION
1.1 Association Recognition. The Association is the formally recognized
employee organization for the Fire Management Unit and such organization has been
certified as such pursuant to Chapter 34-12 of Board of Supervisors’ Resolution
81/1165 by Board Order dated December 1, 1998. Represented classes in this unit are:
Battalion Chief (RPHA, RPHE)
Chief, Fire Emergency Medical Services (RPHD)
Fire Training Chief (RWHA)
1.2 Name. The United Chief Officers Association of the Contra Costa County
Fire Protection District shall at times be referred to herein as “Association”.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Resolution 81/1165 Chapter 34-26 only a
majority representative may have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its unit.
Dues deduction shall be based on the voluntary written authorization of the employee
which shall remain in effect so long as the employee remains in a unit represented by
the Association unless such authorization is canceled in writing by the employee in
accordance with the provisions set forth in Section 2.4 – Withdrawal of Membership.
The dues deduction shall be for a specified amount and uniform between members of
the Association. The Association shall indemnify, defend, and hold the District harmless
against any claims made and against any suit instituted against the District on account
of dues deduction. The Association shall refund to the District any amounts paid to it in
error upon the presentation of supporting evidence.
2.2 Association Dues Form. Employees hired in classifications assigned to
the unit represented by the Association shall, as a condition of employment at the time
of employment, complete an Association dues authorization card provided by the
Association and shall have deducted from their paychecks the membership dues of the
SECTION 2 - ASSOCIATION SECURITY
UCOA 5 2011-2014 MOU
Association. Said employees shall have thirty (30) days from the date of hire to decide
if they do not want to become a member of the Association.
Such decision not to become a member of the Association must be made in writing to
the Auditor-Controller with a copy to the Labor Relations Service Unit within said thirty
(30) day period. If the employee decides not to become a member of the Association,
any Association dues previously deducted from the employee's paycheck during that
thirty (30) day period shall be returned to the employee and said amount shall be
deducted from the next dues deduction check sent to the Association. If the employee
does not notify the County in writing of the decision not to become a member within the
thirty (30) day period, the employee shall be deemed to have voluntarily agreed to pay
the dues of the Association. Each such dues authorization form referenced above shall
include a statement that the Association and the District have entered into a
Memorandum of Understanding, that the employee is required to authorize payroll
deductions of Association 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 written completion of the authorization form, receive a
copy of said authorization form which shall be deemed proper notice of the employee's
right to revoke said authorization.
2.3 Maintenance of Membership. All employees in the unit represented by
the Association who are currently paying dues to the Association and all employees in
such units who hereafter become members of the Association shall, as a condition of
continued employment, pay dues to the Association for the duration of this
Memorandum of Understanding and each year thereafter so long as the Association
continues to represent the position to which the employee is assigned, unless the
employee has exercised the option to cease paying dues in accordance with Section
2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between May 1 to May 31 of any year, any employee may
withdraw from Association membership and discontinue paying dues as of the payroll
period commencing June 1st, and reflected in the July 10th paycheck. Immediately
upon the close of the above-mentioned thirty (30) day period, the Auditor-Controller
shall submit to the Association a list of the employees who have rescinded their
authorization for dues deduction.
2.5 Communicating With Employees. The Association shall be allowed to
use designated portions of bulletin boards or display areas in public portions of District
buildings or in public portions of offices in which there are employees represented by
the Association, provided the communications displayed have to do with official
organization business such as times and places of meetings and further provided that
the Association appropriately posts and removes the information. The Fire Chief
reserves the right to remove objectionable materials.
Representatives of the Association, not on District time, shall be permitted to place a
supply of employee literature at specific locations in District buildings if arranged
through the Employee Relations Officer; said representatives may distribute employee
SECTION 2 - ASSOCIATION SECURITY
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organization literature in areas designated by the Fire Chief 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 Association 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 an Association
officer on a matter within the scope or 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 Fire Chief or designee(s) and the visit will
not interfere with the District services.
2.6 Use of District Buildings. The Association shall be allowed the use of
areas normally used for meeting purposes for meetings of District employees during
non-work hours when:
A. such space is available and its use by the Association is scheduled
twenty-four (24) hours in advance;
B. there is no additional cost to the District;
C. it does not interfere with normal District 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 Association shall maintain proper order at the meeting,
and see that the space is left in a clean and orderly condition. The use of District
equipment (other than items normally used in the conduct of business meetings, such
as desks, chairs, and whiteboards) is strictly prohibited, even though it may be present
in the meeting area.
2.7 Advance Notice. The Association 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
SECTION 2 - ASSOCIATION SECURITY
UCOA 7 2011-2014 MOU
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.
2.8 List of Employees with Dues Deduction. The District shall provide the
Association with a monthly list of employees who are paying dues to the Association
and a monthly list of employees who are paying health and welfare deductions to the
Association.
2.9 Assignment of Classes to Bargaining Units. The Labor Relations
Manager shall assign new classes in accordance with the following procedure:
a. Initial Determination: When a new class title is established, the Labor Relations
Manager shall review the composition of existing representation units to
determine the appropriateness of including some or all of the employees in the
new class in one or more existing representation units, and within a reasonable
period of time shall notify all recognized employee organizations of the
determination.
b. Final Determination: The Labor Relations Manager’s determination is final
unless within ten (10) days after notification a recognized employee organization
requests in writing to meet and confer thereon.
c. Meet and Confer and other Steps: The Labor Relations Manager shall meet and
confer with such requesting organizations (and with other recognized employee
organizations where appropriate) to seek agreement on this matter within sixty
(60) days after the ten-day period in subsection (b), unless otherwise mutually
agreed. Thereafter, the procedures in cases of agreement and disagreement,
arbitration referral and expenses, and criteria for determination shall conform to
those in Subsections (d) through (i) of Section 34-12.008 of Resolution 81/1165.
2.10 Written Statement for New Employees. The District will provide a written
statement to each new employee hired into a classification in any of the bargaining units
represented by the Association, that the employee's classification is represented by the
Association and the name of a representative of the Association. The County will
provide the employee with a packet of information, which has been supplied by the
Association and approved by the County.
SECTION 3 – DISCRIMINATION PROHIBITED
UCOA 8 2011-2014 MOU
SECTION 3 – DISCRIMINATION PROHIBITED
There shall be no discrimination because of race, creed, color, national origin, sex,
sexual orientation or union activities against any employee or applicant for employment
by the County or by anyone employed by the County; and to the extent prohibited by
applicable State and Federal law there shall be no discrimination because of age.
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 that position or from carrying out the duties of the position safely.
The District and the Association recognize that the District has an obligation in
accordance with the Americans with Disabilities Act (ADA) to reasonably accommodate
disabled employees. If by reason of the aforesaid requirement the District contemplates
actions to provide reasonable accommodation to an individual employee to comply with
the ADA which are in conflict with any provision of this MOU, the Association will be
advised of such proposed accommodation. Upon request, the District will meet and
confer with the Association on the impact of such accommodation. If the District and
the Association do not reach agreement, the District may implement the
accommodation without further negotiations.
Nothing in this MOU shall preclude the District from taking actions necessary to comply
with the requirements of the ADA or of any other State or Federal law governing
discrimination, wages or hours. Subject to this provision, the Association may file a
management complaint regarding any action by the District under this Section alleged
by the Association and the employee(s) as a violation of the MOU.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official
representatives of the Association shall be allowed to attend meetings held by
County/District agencies during regular working hours on District time as follows:
A. if their attendance is required by the District or County at a specific meeting;
B. if their attendance is sought by a hearing body for presentation of testimony or
other reasons;
C. if their attendance is required for meeting required for settlement of complaints
filed pursuant to Section 19 - Management Complaint Procedure, of this
Memorandum;
D. if they are designated as an official representative, in which case they may utilize
a reasonable time at each level of the proceedings to assist an employee to
present a complaint;
E. if they are designated as spokesperson or representative of the Association and
as such make representations or presentations at meetings or hearings on
UCOA 9 2011-2014 MOU
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 Fire Chief and the District or County agency calling the meeting is
responsible for determining that the attendance of the particular employee(s) is
required;
F. if their attendance does not conflict with Fire District emergency operations.
4.2 Association Representatives. Official representatives of the United Chief
Officers Association shall be allowed time off on District 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, and that advance arrangements for the time away from the
work station or assignment are made with the Fire Chief and their attendance does not
conflict with Fire District emergency operations.
SECTION 5 - SALARIES
5.1 Wages
A. Effective on April 1, 2012, the base rate of pay for all classifications represented
by the United Chief Officers Association (UCOA), will be reduced by three
percent (3%).
B. Effective on July 1, 2012, the base rate of pay for all classifications represented
by the United Chief Officers Association (UCOA), will be reduced by three
percent (3%).
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. 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 suc-
cessfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday of the
month the anniversary date is the first day of the calendar month when the
employee successfully completes six (6) months service.
B. Promotions. The anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.3.A above.
C. Transfer, Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has
SECTION 5 - SALARIES
UCOA 10 2011-2014 MOU
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.
D. 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.
E. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the
County's merit system at a rate above the minimum salary for the
employee's new class, or who is transferred from another governmental
entity to this County's merit system, is one (1) year from the first day of the
calendar month after the calendar month when the employee was
appointed or transferred; provided however, when the appointment or
transfer is effective on the employee's first regularly scheduled work day of
that month, his/her anniversary 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 5.3 – Anniversary
Dates to determine whether the salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance by the
employee. The appointing authority may recommend denial of the increment or denial
subject to one additional review at some specified date before the next anniversary
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. In case an appointing authority recommends denial of the within range
increment on some particular anniversary date, but recommends a special salary
review, 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
District. If the District 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
SECTION 5 - SALARIES
UCOA 11 2011-2014 MOU
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 District.
5.6 Compensation for Portion of Month. Any employee who works less
than any full calendar month, except when on earned vacation, authorized sick leave, or
other 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 a maximum salary for the new classification. The salary of an incumbent of
a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of Section 5.9 Salary on Promotion.
5.8 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall be
compensated at the same step in the new salary range the employee was
receiving in the range to which the class was previously allocated. If the
reallocation is from one salary range with more steps to a range with fewer
steps or vice versa, the employee shall be compensated at the step on the
new range which is in the same percentage ratio to the top step of the new
range as was the salary received before reallocated to the top step of the
old range, but in no case shall any employee be compensated at less than
the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule,
apart from the general salary increase or decrease described in Section
5.8.A above, each incumbent of a position in the reallocated class shall be
placed upon the step of the new range which equals the rate of pay
received before the reallocation. In the event that the steps in the new
range do not contain the same rates as the old range 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.
SECTION 5 - SALARIES
UCOA 12 2011-2014 MOU
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.
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 5.12 – Acting in a Higher Class, shall receive the salary in the
new salary range which is next higher than the rate received before the 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 that class unless such step results in a
decrease in which case the employee is appointed to the next higher step. If however,
the employee is being appointed into a class allocated to a higher salary range than the
class from which the employee was laid off, the salary will be calculated from the
highest step the employee achieved prior to layoff, or from the employee’s current step,
whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12 – Acting in a Higher Class, shall have their salary reduced
to the monthly salary step in the range for the class of position to which the employee
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 of 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 the employee would have achieved had the
employee been continuously in the position to which the employee had been demoted,
all within-range increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
the employee demotes, the employee's salary shall remain the same if the steps in the
SECTION 6 – ADDITIONAL HOURS
UCOA 13 2011-2014 MOU
employee's new (demoted) salary range permit, and if not, the new salary shall be set at
the step next below former salary.
5.12 Acting in a Higher Class. When an employee is required to work in a higher
paid classification, the employee shall receive the higher compensation for such work,
pursuant to the County Salary Regulations, plus any differentials and incentives the
employee would have received in the employee’s regular position. The higher pay
entitlement shall begin on the employee’s forty-first (41st) consecutive hour in the
assignment, for forty (40) hour employees and the fifty-seventh (57th) consecutive hour
in the assignment, for fifty-six (56) hour employees.
5.13 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 to 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 a warrant upon the Treasury in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less at the option of the
employee, of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive 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 5.13 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.
5.14 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.
SECTION 6 – ADDITIONAL HOURS
6.1 Overtime Compensation. Effective upon ratification, overtime will be
paid at the rate of one and one-half (1 ½) times the Battalion Chief (RPHA) base rate of
pay (not including shift and other special differentials). Overtime shall only be paid in the
following two situations:
SECTION 7 – ACTING BATTALION CHIEF ASSIGNMENTS
UCOA 14 2011-2014 MOU
A. When a Battalion Chief (RPHA, RPHE) replaces an absent Shift Battalion
Chief, provided there is a shift vacancy in a Battalion Chief position and
overtime recall is required to maintain staffing levels;
B. When a Chief Officer works as a command officer during: (1) mutual aid
responses outside Contra Costa County; or (2) State mutual aid
responses, provided the Five-Party Agreement is in effect for personnel
reimbursement.
6.2 Annual Administrative Leave. Each January 1, employees on a forty
(40) hour schedule and fifty-six (56) hour shift employees shall be credited with fifty-five
(55) and seventy-seven (77) hours, respectively, of paid administrative leave. This
leave time is non-accruable and all balances will be zeroed-out effective December 31,
each year. Permanent part-time employees and employees hired after January 1 shall
have such leave prorated based upon position hours.
This administrative leave is provided in recognition of those situations outside Section
6.1 above when Chief Officers are expected to work additional hours without receiving
overtime pay, such as when responding to emergencies, attending various meetings
and working on programs.
SECTION 7 – ACTING BATTALION CHIEF ASSIGNMENTS
Notwithstanding Section 6.1 – Overtime Compensation, except as otherwise provided in
this MOU, the Fire Chief retains the right to make Acting Battalion Chief assignments at
his sole discretion.
Acting Battalion Chief assignments shall not be made as alternatives to Merit System
Promotions.
SECTION 8 – ASSOCIATION NOTIFICATION
When it appears to the Fire Chief and/or Labor Relations Manager that the Board of
Supervisors may take action which will result in the layoff of employees represented by
the Association, the Labor Relations Manager shall notify the Association of the
possibility of such layoffs and shall meet and confer with it regarding the implementation
of the action. The District agrees to give employees fourteen (14) calendar days notice
of layoff except in case of emergency.
SECTION 9 - HOLIDAYS
9.1 Holidays Observed.
The District will observe the following holidays:
SECTION 10 - VACATION LEAVE
UCOA 15 2011-2014 MOU
January 1st, known as New Years 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 Veteran's 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.
9.2 Forty (40) Hour Employees. In observance of holidays, forty (40) hour
employees:
1. Observe the ten (10) holidays listed in Section 9.1 above; and
2. Accrue two (2) hours of personal holiday credit per month, up to a
maximum accrual of forty (40) hours.
If any holiday listed in Section 9.1 above falls on a Saturday, it shall be celebrated on
the preceding Friday. If any holiday listed above falls on a Sunday, it shall be
celebrated on the following Monday.
9.3 Fifty-Six (56) Hour Employees. In observance of holidays, fifty-six (56)
hour employees accrue four (4) hours of personal holiday credit per month, up to a
maximum accrual of eighty (80) hours.
9.4 General Terms. Personal holiday time may be taken in increments of
one-half (1/2) hour. On separation from District service, an employee shall be paid for
any unused personal holiday credits at the employee's then current pay rate. When
moving between 40 and 56 hour schedules, accrual rates and balances will be
converted.
9.5 Permanent Part-Time Employees. Permanent Part-Time Employees
shall receive holiday credit in the same ratio to the holiday credit given employees on a
full-time, forty (40) hour schedule - as the number of hours per week in the part-time
employee's schedule bears to the number of hours in the regular full-time schedule,
regardless of whether the holiday falls on the part-time employee's regular work day.
SECTION 10 - VACATION LEAVE
10.1 General Provisions. 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
SECTION 10 - VACATION LEAVE
UCOA 16 2011-2014 MOU
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. Vacation credits may
not be taken during the first six (6) months of employment – except where sick leave
has been exhausted; and none shall be allowed in excess of actual accrual at the time
the vacation is taken.
10.2 Vacation Accrual Rates. The rates at which employees accrue vacation credits
and the maximum accumulations thereof are as follows:
40 Hour Employees
Monthly Maximum
Accrual Cumulative
Length of Service Completed 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
56 Hour Shift Employees
Monthly Maximum
Accrual Cumulative
Length of Service Completed Hours Hours
Under 11 years 14 336
11 years 15 360
12 years 16 384
13 years 17 408
14 years 18 432
15 through 19 years 19 456
20 through 24 years 24 576
25 through 29 years 28 672
30 years and up 33 792
10.3 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or unpaid military leave shall accrue any vacation credit during the
time of such leave, nor shall an employee who is absent without pay accrue vacation
credit during the absence.
10.4 Pro-rated Accruals. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis.
UCOA 17 2011-2014 MOU
10.5 Vacation Buy Back.
A. Employees may choose reimbursement for up to one-third (1/3) of their annual
vacation accrual, subject to the following conditions:
(1) the choice can be made only once in each calendar year;
(2) payment shall be based on an hourly rate determined by dividing the
employee’s monthly salary by 173.3333 (242.6666 for employees working a 56
hour schedule);
(3) the maximum number of hours that may be reimbursed in any year is one-
third (1/3) of the annual accrual.
B. In those instances where a lump-sum payment has been made to employees in
lieu of a retroactive general salary adjustment for a portion of the calendar year,
which is subsequent to exercise by an employee of the buy-back provision
herein, that employee’s vacation buy-back shall be adjusted to reflect the
percentage difference in base pay rates upon which the lump-sum payment was
computed – provided that the period covered by the lump-sum payment was
inclusive of the effective date of the vacation buy-back.
C. Employees promoted or hired by the County into any classification represented
by UCOA on and after April 1, 2012, are not eligible for the Vacation Buy-Back
benefit. However, any employee who was eligible for a Vacation Buy-Back
benefit before promoting into a classification represented by UCOA will retain
that benefit after promoting into a classification represented by UCOA.
10.6 Vacation Allowance for Separated Employees. On separation from District
service, an employee shall be paid for any unused vacation credits at the employee’s
then current pay rate.
10.7 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 (6) 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 11 – SICK LEAVE
11.1 Purpose. The primary purpose of paid sick leave is to insure employees
against loss of pay for temporary absences from work due to illness or injury. Sick
leave is a benefit for use in situations within the scope of sick leave policies and may
not be used for vacation or personal activities.
11.2 Credit Accrued and Charges Against Sick Leave. Sick leave credits accrue at
the following rates:
SECTION 11 – SICK LEAVE
UCOA 18 2011-2014 MOU
1. Shift Personnel Accruals (56-hour week). Sick leave shall be accrued at the
rate of twelve (12) hours for each completed month of service.
2. Day Personnel Accruals (40 hour week). Sick leave shall be accrued at the
rate of eight (8) hours for each completed month of service.
3. General Terms
a. Unused sick leave credits accumulate without limit.
b. Credits to and charges against sick leave shall be made in minimum
amounts of one-tenth (1/10) hour or six (6) minute increments.
c. 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 employee is re-employed in a permanent position within the period of the
individual’s layoff eligibility.
d. As of the date of retirement, an employee’s accumulated sick leave is
converted to retirement time on the basis of one day of retirement service
credit for each day of accumulated sick leave credit according to the
policies and regulations of the Retirement Office.
11.3 Policies Governing the Use of Paid Sick Leave.
A. Definition of Immediate Family. For the purposes of Section 11, immediate
family shall be restricted to the spouse, domestic partner, son, stepson,
daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law or sister-in-law, stepbrother, stepsister, foster
children, aunt, uncle, or cousin of an employee and/or any other person for whom
the employee is the legal guardian or conservator or any person who is claimed
as “dependent” for IRS purposes by the employee.
B. Accumulated paid sick leave credits may be used by an employee in pay status
in the following instances:
1. Temporary Illness or Injury of an Employee. An employee may use paid sick
leave credits when off work because of a temporary illness or injury.
If an employee does not apply for sick leave and the appointing authority
believes that the employee is not able to properly perform regularly assigned
work or that the general health of the employee is impaired due to disability,
the employee may be required to undergo a physical examination by a
physician selected by the Fire Chief or the Chief’s designated representative,
the cost of such examination to be borne by the District. Based upon the
SECTION 11 – SICK LEAVE
UCOA 19 2011-2014 MOU
medical report, a mandatory sick leave may be imposed upon the employee
for the duration of the temporary disability.
2. Permanent Disability Sick Leave. Permanent disability means an employee
suffers from a disabling physical injury or illness and is thereby prevented
from engaging in any District occupation for which the employee is qualified
by reason of education, training or experience. Sick leave may be used by
permanently disabled employees until all accruals of the employee have been
exhausted or until the employee is retired by the Retirement Board, subject to
the following conditions:
a. An application for retirement for disability has been filed with the
Retirement Board.
b. Satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave for
permanent disability.
c. The appointing authority may review medical evidence and order further
examinations 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 when the above
conditions have not been met.
3. 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.
4. 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.
a. 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. The District retains the right to a
medical review of all requests for such leave.
b. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform work or that the
employee’s 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
SECTION 11 – SICK LEAVE
UCOA 20 2011-2014 MOU
examination by a physician selected by the District, the cost of which shall
be borne by the District. Should the medical report so recommend, a
mandatory leave shall be imposed upon the employee for the duration of
the disability.
c. If all accrued sick leave has been utilized by the employee, the employee
shall be considered on an approved leave without pay unless the
employee chooses to use vacation or other non-sick leave accruals. Sick
leave may not be utilized after the employee has been released from the
hospital unless the employee has provided the District with a written
statement from the employee’s attending physician stating that the
disability continues and the projected date of the employee’s recovery
from such disability.
5. Medical and Dental Appointments. An employee may use paid sick leave
credits:
a. For working time used in keeping medical and dental appointments for the
employee’s own care;
b. For working time used for prescheduled medical and dental appointments
for an immediate family member.
c. Employees are responsible to schedule personal and family medical and
dental appointments to avoid conflicts with scheduled workdays as much
as possible consistent with medical necessity.
d. Employees are responsible to notify the District when they have a
scheduled medical or dental appointment on a duty day. In any
emergency situation, the appropriate supervisor must be contacted
immediately.
6. Emergency Care of Family. An employee may use paid sick leave credits for
working time used (1) to personally care for an ill or injured immediate family
member if there is a real need for someone to render care, no one else is
available therefore, and alternative arrangements for the care of the ill or
injured person are immediately undertaken; or (2) to be present at the
bedside of a seriously ill or injured immediate family member; or (3) to
transport an ill or injured immediate family member to receive medical care if
no one else is available to provide transportation. However, the time so
charged shall not exceed one shift for 56-hour week employees and two days
for 40-hour week employees. This time period limit may be extended at the
discretion of the Fire Chief.
7. 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; this shall not exceed three (3)
SECTION 11 – SICK LEAVE
UCOA 21 2011-2014 MOU
consecutive 24-hour shifts or five (5) consecutive 8-hour working days without
the Fire Chief’s approval.
11.4 Prohibited Uses of Paid Sick Leave. Accumulated sick leave credits may not
be used in the following situations:
1. Self-inflicted Injury. Paid sick leave credits may not be used for time off work
for an employee’s illness or injury when proven to be purposely self-inflicted
or caused by employee’s willful misconduct.
2. Vacation. Paid sick leave credits may not be used for employee’s illness or
injury which occurs while on vacation. However, when extenuating
circumstances exist, the Fire Chief may authorize sick leave in place of
vacation.
3. 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, i.e., leave of absence, suspension, etc.
11.5 Sick Leave Incentive Plan. Employees shall be eligible for payoff of
unused sick leave accruals at separation. This program is an incentive for employees
to safeguard sick leave accruals as protection against wage loss due to time lost for
injury or illness. Payoff must be approved by the Director of Human Resources and can
be awarded only under the following conditions:
a. The employee must have resigned in good standing
b. Payout is not available if the employee is eligible to retire
c. The balance of sick leave at resignation must be at least seventy percent (70%)
of accruals earned in the preceding continuous period of employment, excluding
any sick leave use covered by the Family and Medical Leave Act, the California
Family Rights Act, or the California Pregnancy Disability Act.
d. Payout shall be under the following schedule:
Years of Permanent Percent of Unused
Continuous Completed Service Sick Leave Paid
3-5 years 30%
5-7 years 40%
7 plus years 50%
e. No payoff shall be made pursuant to this section unless the Contra Costa County
Employees’ Retirement Association has certified that an employee requesting a
sick leave payoff has terminated membership in and has withdrawn his or her
contributions from the Retirement Association.
SECTION 13 - LEAVE OF ABSENCE
UCOA 22 2011-2014 MOU
f. It is the intent of the Board of Supervisors that payments pursuant to this section
shall preclude County retirement benefits resulting from employment by the
County or Districts governed by the Board.
SECTION 12 – NUMBER OF SHIFT BATTALION CHIEFS OFF ON
ELECTIVE LEAVE
Only one (1) shift Battalion Chief shall be permitted to take time off on vacation,
administrative leave or personal holiday leave per shift at one time provided, however,
that the Fire Chief, at his sole discretion, may approve more than one (1) shift Battalion
Chief off per shift at one time.
SECTION 13 - LEAVE OF ABSENCE
13.1 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.
13.2 General Administration - Leaves of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness or disability;
2. pregnancy;
3. parental;
4. to take a course of study such as will increase the employee's use-
fulness 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.
SECTION 13 - LEAVE OF ABSENCE
UCOA 23 2011-2014 MOU
C. A leave without pay may be for a period not to exceed one (1) year,
provided the appointing authority may extend such leave for additional
periods. The procedure in granting extensions shall be the same as that in
granting the original leave, provided that the request for extension must be
made not later than thirty (30) calendar days before the expiration of the
original leave.
D. Nevertheless, a leave of absence for the employee's serious health
condition or for family care shall be granted to an employee who so
requests it for up to eighteen (18) weeks in each calendar year period in
accordance with Section 13.5 below.
E. Whenever an employee who has been granted a leave without any pay
desires to return before the expiration of such leave, the employee shall
submit a request to the appointing authority in writing at least fifteen (15)
days in advance of the proposed return. Early return is subject to prior
approval by the appointing authority. The Human Resources Department
shall be notified promptly of such return.
F. Except in the case of leave of absence due to family care, pregnancy,
pregnancy disability, illness, or serious health condition, the decision of
the appointing authority on granting or denying a leave or early return from
leave shall be subject to appeal to the Director of Human Resources and
not subject to appeal through the grievance procedure set forth in this
MOU.
13.3 Military Leave. Any employee who is ordered to serve as a member of the
State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or
any division thereof, shall be granted a military leave for the period of such service, plus
ninety (90) days. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of emergency, shall be granted a leave of absence in
accordance with applicable federal or state laws. Upon the termination of such service,
or upon honorable discharge, the employee shall be entitled to return to his/her position
in the classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
13.4 Family Care Leave or Medical Leave. Upon request to the appointing authority,
in any rolling twelve (12) month period, any employee who has permanent status shall
be entitled to at least twelve (12) weeks leave (less if so requested by the employee)
for:
a. medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position;
or
b. family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
SECTION 13 - LEAVE OF ABSENCE
UCOA 24 2011-2014 MOU
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.
13.5 Certification. The employee may be asked to provide certification of the need for
family care leave or medical leave. Additional period(s) of family care or medical leave
may be granted by the appointing authority.
13.6 Intermittent Use of Leave. The twelve (12) 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 twelve (12) 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 13.12 below. When paid leave accruals
are used for a medical or family care leave, such time shall be counted as a part of the
twelve (12) week entitlement.
13.7 Aggregate Use for Spouses. In the situation where husband and wife are both
employed by the County, the family care of medical leave entitlement based on the
birth, adoption or foster care of a child is limited to an aggregate for both employees
together of twelve (12) weeks during a rolling twelve (12) month period. Employees
requesting family care leave are required to advise their appointing authority(ies) when
their spouse is also employed by the County.
13.8 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: A person who is registered as such with the California
Secretary of State.
e. Serious Health Condition: An illness, injury, impairment, or physical or mental
condition which warrants the participation of a family member to provide care
during a period of treatment or supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or continuing treatment or
continuing supervision by a health care provider (e.g. physician or surgeon) as
defined by state and federal law.
SECTION 13 - LEAVE OF ABSENCE
UCOA 25 2011-2014 MOU
f. Certification for Family Care Leave. A written communication to the employer
from a health care provider of a person for whose care the leave is being taken
which need not identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to render
care or supervision;
4. a statement that the serious health condition warrants the participation of
a family member to provide care during period of treatment or supervision;
5. if for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist in their recovery, and
its expected duration.
g. Certification for Family Medical Leave. A written communication from a health
care provider of an employee with a serious health condition or illness to the
employer, which need not identify the serious health condition involved, but shall
contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of the
employee's job;
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.
13.9 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under
Section 11.3 (Sick Leave Utilization for Pregnancy Disability), that time will not be
considered a part of the twelve (12) week family care leave period.
13.10 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 District contribution by maintaining their employment
in pay status as described in Section 13.11. During the twelve (12) weeks of an
SECTION 13 - LEAVE OF ABSENCE
UCOA 26 2011-2014 MOU
approved medical or family care leave under Section 13.4 above, the District 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 13.11. In order to maintain
such coverage, employees are required to pay timely the full employee contribution to
maintain their group health plan coverage, either through payroll deduction or by paying
the County directly.
13.11 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 11 - 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 Sick Leave Integration or in the
sections below.
B. Family Care or Medical Leave. During the twelve (12) 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 11 - 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. Sick leave accruals may not be used during any leave of absence, except
as allowed under Section 11 - Sick Leave.
13.12 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence, shall be
reinstated to a position in that classification and department and then only on the basis
of seniority. In case of severance from service by reason of the reinstatement of a
permanent employee, the provisions of PMR Part 12 shall apply.
13.13 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 480 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
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
UCOA 27 2011-2014 MOU
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. (For example, an employee assigned to a 56-hour
work week would be eligible for up to 672 hours under this Section).
13.14 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.
13.15 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.
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
14.1 Health Plan. The District will provide group health benefits through the California
Public Employees’ Retirement System (CalPERS) for all permanent full-time employees
and permanent part-time employees regularly scheduled to work at least twenty (20)
hours per week in classes represented by the Association. The CalPERS health care
program, as regulated by the Public Employees’ Medical and Hospital Care Act
(PEMHCA), regulations issued pursuant to PEMHCA, and the administration of
PEMHCA by CalPERS, controls on all health plan issues for employees who receive
health care coverage from CalPERS, including, but not limited to, eligibility, benefit
plans, benefit levels, minimum premium subsidies, and costs.
14.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative CalPERS plan
option, Association members and COBRA counterparts may elect to enroll in CCHP
under the CalPERS plan rules and regulations.
SECTION 14.3 (Effective October 1, 2011 – June 30, 2012)
14.3 Health Plan Contribution. The District’s contribution to the CalPERS monthly
health plan premiums for coverage hereunder shall be as provided below. Any increase
in the Health Plan premium costs greater than the District’s contributions identified
below occurring during the duration of this MOU shall be borne by the employee.
A. District’s Contribution Effective Upon Implementation
The District will contribute up to an amount, equivalent to eighty-seven percent
(87%) of the CalPERS Kaiser premium at each level (employee only, employee +
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
UCOA 28 2011-2014 MOU
one, employee + two or more) toward the covered employee’s CalPERS or
CalPERS Alternative Plan (CCHP) premium.
In the event, in whole or in part, that the above amounts are greater than one
hundred percent (100%) of the applicable premium of any plan, the District’s
contribution will not exceed one hundred percent (100%) of the applicable plan
premium.
SECTION 14.3 (Effective July 1, 2012)
14.3 CalPERS Health Plan Monthly Premium Subsidy. The District’s subsidy to the
CalPERS monthly health plan premiums is as provided below. The employee must pay
any CalPERS health plan premium costs that are greater than the District’s subsidy
identified in Section 14.3(A).
A. Health Plan Contribution. Effective July 1, 2012, the District will contribute up
to an amount, equivalent to eighty percent (80%) of the CalPERS Kaiser
premium at each level (employee only, employee + one, employee + two or
more) toward the covered employee’s CalPERS or CalPERS Alternative Plan
(CCHP) premium.
In the event, in whole or in part, that the above amounts are greater than one
hundred percent (100%) of the applicable premium of any plan, the District’s
contribution will not exceed one hundred percent (100%) of the applicable plan
premium.
14.4 Dental Plan. The District may, during the term of this MOU, change dental care
providers, so long as the level of benefits provided is not reduced.
14.5 Dental Contribution.
A. The District’s contribution to the monthly dental plan premiums shall be as
provided below. These contributions are provided only for permanent full-time
and permanent part-time employees regularly scheduled to work at least twenty
(20) hours per week. Permanent-intermittent, provisional and permanent part-
time employees working less than twenty (20) hour per week may enroll in a
dental plan but are not entitled to the District’s contribution. Any increases in
dental plan costs greater than the District’s contributions identified below during
the duration of this shall be borne by the employee:
1. Delta and PMI DeltaCare: District will contribute seventy-eight percent
(78%) toward the monthly dental premium.
2. Dental Only: Employees who elect dental coverage as stated above
without health coverage will pay one cent ($.01) per month for such coverage.
B. Eligible Family Members. The following persons may be enrolled as the Eligible
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UCOA 29 2011-2014 MOU
Family Members of a dental plan subscriber.
1. Eligible Dependents:
a. Employee’s legal spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
i. Under age 19; or
ii. Age 19, or above, but under age 24; and
a). Resides with the Employee for more than 50% of the
year, excluding time living at school, and
b). Receives at least 50% of support from Employee; and
c). Is enrolled and attends school on a full-time basis, as
defined by the school.
d. Employee’s Disabled Child who is:
i. Over age 19,
a). Unmarried; and
b). Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMSCO) or similar court document.
3. For purposes of this Section 14.5 – Dental Plan Contribution, “Eligible
Family Member” does not include Survivors of employees or retirees.
14.6 Rate Information. The County Benefits Service Unit will make dental plan rate
information and, to the extent possible, CalPERS health plan rate information available
to employees and the District upon request. In addition, the County Benefits Service
Unit will publish and distribute to employees and the District information about rate
changes as they occur during the year.
14.7 Life Insurance Benefit Under Health and Dental Plans. For permanent
employees who are enrolled in a District sponsored health or dental plan as either the
primary insured or a dependent, term life insurance in the amount of ten thousand
dollars ($10,000) will be provided by the District.
14.8 Life Insurance Contribution. The District will pay the entire premium on behalf
of permanent full-time and permanent part-time employees regularly scheduled to work
at least twenty (20) hours per week who elect health and/or dental coverage.
Permanent-intermittent, provisional and permanent part-time employees working less
than twenty (20) hours per week may participate in the Life Insurance Plan at their full
personal expense, provided they elect County health and/or dental coverage.
14.9 Premium Payments. Employee participation in any health, dental, or life
insurance plan is contingent upon the employee authorizing payroll deduction by the
District of the employee’s share of the premium cost. The District's contribution to
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UCOA 30 2011-2014 MOU
health plan and dental plan monthly premiums are payable as follows:
A. CalPERS Plan (Includes Alternate CCHP Plan).
The District's contribution to the health plan premium is payable one (1)
month in advance. If an employee’s compensation in any month is not
sufficient to pay the employee share of the premium, the employee must
make up the difference by remitting the amount delinquent to the Auditor-
Controller by the tenth day of each month. The responsibility for this
payment rests solely with the employee.
B. Dental and Life Insurance Plans.
The District's contribution to the dental and life insurance premium (as
described in Sections 14.5 and 14.8) is payable monthly. If an employee’s
compensation in any month is not sufficient to pay the employee share of
the premium, the employee must make up the difference by remitting the
amount delinquent to the Auditor-Controller by the tenth day of each
month. The responsibility for this payment rests solely with the employee.
14.10 Extended Coverage. An employee on approved leave without pay shall be
allowed to continue his/her health/dental/life insurance coverage provided that the
employee shall pay their share of the monthly premium by the tenth day of each month,
during said leave.
An employee who terminates District employment is covered through the last day of the
month in which he/she is paid for District dental plans and through the last day of the
month following the month of termination for CalPERS plans. Employees who terminate
District employment may continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
14.11 Retirement Coverage. Upon retirement, employees may, subject to plan
requirements, remain in the same District group medical and dental plan if immediately
before their retirement they are currently enrolled in one of the District sponsored
CalPERS Health Plans or dental plans or if on authorized leave of absence without pay,
they have retained continuous coverage during the leave period. Government Code
section 22892 applies to all employees who retire under the Contra Costa County
Employees’ Retirement Association (CCCERA).
14.12 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as established by
CalPERS.
B. On and after January 1, 2013, each employee and retiree may be covered by
only a single District health and/or a single District dental plan, including
CalPERS plans. For example, a District employee may be covered under a
single District health plan as either the primary insured or the dependent of
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UCOA 31 2011-2014 MOU
another District employee or retiree, but not as both the primary insured and
the dependent of another District employee or retiree.
C. On and after January 1, 2013, each dependent may be covered by the health
and/or dental plan of only one spouse or one domestic partner. For example,
when both husband and wife are District employees, all of their eligible
children may be covered as dependents of either the husband or the wife, but
not both.
D. For purposes of this Section 14.12 - Dual Coverage, "District" includes the
County of Contra Costa and all Board of Supervisors governed special
districts, such as the Contra Costa County Fire Protection District.
14.13 Management Life Insurance. Permanent employees shall be covered, at
District expense, by term life insurance in the amount of forty-seven thousand dollars
($47,000). The coverage shall include an accelerated death benefit option. Premiums
for this insurance shall be paid by the District, with conditions of eligibility to be reviewed
annually. All employees covered herein may also subscribe voluntarily for supplemental
life insurance coverage.
14.14 PERS Long Term Care. The District will deduct and remit monthly premium and
eligible lists to the PERS Long Term Care Administrator, at no employee cost, for
District employees who are eligible and voluntarily elect to purchase long term care
through the PERS Long Term Care Program.
The District further agrees that District employees interested in purchasing PERS Long
Term Care may participate in meetings scheduled by PERS Long Term Care on District
facilities during non-work hours (i.e: coffee breaks, lunch hour).
14.15 Health Care Spending Account. The District will continue to offer regular full-
time and part-time (20/40 or greater) District employees the option to participate in a
Health Care Spending Account (HCSA) Program designated 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 for health care expenses not reimbursed by any other health
benefits plan with before tax dollars. HCSA dollars can be expended on any eligible
medical expenses allowed by Internal Revenue Code Section 125. Any unused balance
is forfeited and cannot be recovered by the employee.
14.16 Long-Term Disability Insurance. The District shall continue the Long-Term
Disability Insurance program with a replacement limit of eighty-five percent (85%) of
total monthly base earnings reduced by any deductible benefits.
14.17 Dependent Care Assistance Program. The District will continue to offer the
option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify
for tax savings under Section 129 of the Internal Revenue Code, but tax savings are not
guaranteed. The program allows employees to set aside up to five thousand dollars
SECTION 15 - PROBATIONARY PERIOD
UCOA 32 2011-2014 MOU
($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent
care (child and elder care) expenses. Any unused balance is forfeited and cannot be
recovered by the employee.
14.18 Premium Conversion Plan. The District will continue to offer the option of
enrolling in the Premium Conversion Plan (PCP) designed to qualify for tax savings
under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed.
The program allows employees to use pre-tax dollars to pay health and dental
premiums.
14.19 Prevailing Section. To the extent that any provision of this Section (Section
14 – Health and Welfare, Life and Dental Care) is inconsistent with any provision of any
other County or District enactment or policy, including but not limited to Administrative
Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other
resolution or order of the Board of Supervisors, the provision(s) of this Section (Section
14 – Health and Welfare, Life and Dental Care) will prevail.
SECTION 15 - PROBATIONARY PERIOD
15.1 Duration. All appointments from officially promulgated employment lists for
original entrance or promotion shall be subject to a probationary period. This period
shall be for twelve (12) months.
15.2 Classes with Changed Probationary Periods. 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.
15.3 Probationary Period Time. 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. 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 (243 hours for shift employees) per month.
15.4 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, Association
activities, or race, color, national origin, sex, age, disability, or sexual orientation.
SECTION 15 - PROBATIONARY PERIOD
UCOA 33 2011-2014 MOU
B. The appeal must be written, must be signed by the employee and set forth the
grounds and the facts by which it is claimed that grounds for appeal exist under
subsection (A) above and must be filed through the Director of Human
Resources to the Merit Board by 5:00 p.m. on the 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) above, it may refer the matter to a Hearing Officer for hearing,
recommend 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, the appellant shall complete
only the remainder of the probation period unless the Merit Board specifically
orders that the appellant begin a new probation period.
15.5 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 Memorandum of Understanding, without
notice and without right of appeal or hearing. 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 the appointing authority's intention to do so, the regular
appointment shall begin on the day following the end of the probationary period.
Notwithstanding any other provisions of this Memorandum of Understanding, 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 District 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 District from which the employee was promoted or transferred. A
probationary employee who has been rejected or has resigned during probation shall
not be restored to the eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the appointing authority and is
certified by the Director of Human Resources whose decision is final. The Director of
Human Resources shall not certify the name of a person restored to the eligible list to
the same appointing authority by whom the person was rejected from the same eligible
list, unless such certification is requested in writing by the appointing authority.
SECTION 16 – PROMOTION
UCOA 34 2011-2014 MOU
15.6 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class, shall be required to complete only the balance of the
required probation.
If reemployed in another classification, the employee shall serve a full probationary
period. 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 District other than the District
from which the employee separated, displaced, or voluntarily demoted in lieu of layoff.
An appointment from a layoff or reemployment list is not subject to a probation period if
the position is in the District from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
15.7 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 if subsequently
certified and appointed in a different district or classification than that from which the
employee was laid off.
SECTION 16 – PROMOTION
16.1 Promotion. Promotion shall be by competitive examination unless otherwise
provided in this Memorandum of Understanding.
16.2 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.
16.3 Promotion Via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
b. The incumbent of the position must have performed at the higher level for one (1)
year.
c. The incumbent must meet the minimum education and experience requirements
for the higher class.
d. The action must have approval of the Director of Human Resources.
e. The Association approves such action.
SECTION 17 - RESIGNATIONS
UCOA 35 2011-2014 MOU
The appropriate rules regarding probationary status and salary on promotion are
applicable.
16.4 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.
16.5 Seniority Credits.
A. 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
a promotional examination.
B. An employee shall receive education credits for the following degrees:
AA/As Degree = 2.5%
BA/BS Degree = 5.0%
The maximum education credit is limited to 5.0%
C. Under this section, the maximum promotional examination credit an employee
can receive for both seniority and education is ten percent (10.0%).
16.6 Physical Examination as Part of Promotional Examination. District employees
who are required as part of the promotional examination process to take a physical
examination, shall do so on District time at District expense.
SECTION 17 - 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.
17.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
SECTION 17 - RESIGNATIONS
UCOA 36 2011-2014 MOU
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
17.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
A. An employee has been absent from duty for ten (10) consecutive working days,
(three shifts for employees on a 56-hour work week) without leave; and
B. ten (10) more consecutive days (three shifts for employees on a 56 hour work
week) 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.
17.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
17.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
17.5 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, the
resignation 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 Management Complaint Procedure contained in Section 19 of
the Memorandum of Understanding, beginning with step C.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and the
employee returned to duty effective on the day following the decision or
next assigned shift but without loss of seniority or pay, subject to the
employee's duty to mitigate damages.
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
UCOA 37 2011-2014 MOU
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
18.1 Cause for Dismissal, Suspension, Demotion and Reduction in Salary. The
appointing authority may dismiss, suspend, demote, or reduce in salary any employee
for cause. Reduction in salary shall not exceed five percent (5%) of the employee’s
base salary. Reduction in salary shall not exceed ninety (90) consecutive calendar
days. The following are sufficient causes for such action; the list is indicative rather
than inclusive of restrictions and dismissal, suspension, demotion or reduction in salary
may be based on reasons other than those specifically mentioned:
1. absence without leave;
2. conviction of any criminal act involving moral turpitude;
3. conduct tending to bring the County, District or merit system into disrepute;
4. disorderly or immoral conduct;
5. incompetence or inefficiency;
6. insubordination;
7. 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/District premises;
8. neglect of duty, i.e., non-performance of assigned responsibilities;
9. negligent or willful damage to public property or waste of public supplies or
equipment;
10. violation of any lawful or reasonable regulation or order given by a supervisor or
Fire Chief;
11. willful violation of any of the provisions of the Merit System Ordinance or
Personnel Management Regulations;
12. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment;
13. misappropriation of District/County funds or property;
14. unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this Memorandum of
Understanding;
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
UCOA 38 2011-2014 MOU
15. dishonesty or theft;
16. excessive or unexcused absenteeism and/or tardiness;
17. sexual harassment including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, visual or physical conduct of a
sexual nature, when such conduct has the purpose or effect of affecting
employment decisions concerning an individual, interfering with an individual's
work performance, or creating an intimidating, hostile or an offensive working
environment.
18.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend for
more than five (5) work days (48 hours for employees on a 56 hour workweek) or
demote an employee, the appointing authority shall cause to be served personally or by
certified mail on the employee, a Notice of Proposed Action, which shall contain the
following:
A. A statement of the action proposed to be taken.
B. A copy of the charges, including the acts or omissions and grounds upon which
the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the County 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.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority either
orally or in writing before the proposed action may be taken. Upon request of the
employee and for good cause, the appointing authority may extend in writing the period
to respond. If the employee's response is not filed within seven (7) days or during any
extension, the right to respond is lost.
18.3 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.
18.4 Suspensions Without Pay. shall not exceed thirty (30) consecutive days unless
ordered by an arbitrator, an adjustment board or the Merit Board.
18.5 Procedure on Dismissal, Suspension or Disciplinary Demotion.
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 39 2011-2014 MOU
A. In any disciplinary action to dismiss, suspend, or demote an employee having
permanent status in a position in the merit system, after having complied with the
Skelly requirements where applicable, the appointing authority shall make an
order in writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, or demotion shall be filed
with the Director of Human Resources showing by whom and the date a copy
was served upon the employee to be dismissed, suspended or demoted, either
personally or by certified mail to the employee's last known mailing address. The
order shall be effective either upon personal service or deposit in the U.S. Postal
Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension or demotion to the Merit Board or through the procedures of Section
19, Management Complaint Procedure, of this Memorandum of Understanding,
provided that such appeal is filed in writing with the Director of Human Resources
within ten (10) calendar days after service of said order.
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
19.1 Management Complaint Procedure. A complaint is any dispute which involves
the interpretation or application of any provision of this Memorandum of Understanding
(excluding, however, those provisions of this Memorandum of Understanding which
specifically provide that the decision of any County/District official shall be final, the
interpretation or application of those provisions not being subject to the complaint
procedure) or disciplinary actions. The Association may represent the employee at any
stage of the process. Complaints must be filed within fifteen (15) days of the incident or
occurrence about which the employee claims to have a complaint and shall be
processed in the following manner.
A. Step 1. Any employee or group of employees who believes a provision of this
Memorandum of Understanding has been misinterpreted or misapplied to the
employee's detriment shall discuss the complaint on an informal basis with the
employee's appropriate chief officer who shall meet with the employee and
respond to the complaint within five (5) duty shifts, or ten (10) workdays in the
case a complaint filed by employees assigned to a forty (40) hour workweek, of a
request to hold such a meeting.
B. Step 2. If a complaint is not satisfactorily resolved in Step 1 above, the employee
may submit the complaint in writing within five (5) calendar days to such
management official, other than the chief officer who participated in Step 1
above, as the Fire Chief may designate. This formal written complaint shall state
which provision of the Memorandum of Understanding has been misinterpreted
or misapplied, how the misinterpretation or misapplication has affected the
employee to the employee's detriment, and the redress the employee seeks. A
copy of each written communication on a complaint shall be filed with the
Director of Human Resources. The designated management official shall have
ten (10) workdays in which to respond to the complaint in writing.
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 40 2011-2014 MOU
C. Step 3. If a complaint is not satisfactorily resolved in Step 2 above, the employee
may appeal in writing within five (5) workdays to the Director of Human
Resources. The Director of Human Resources or designee shall have fifteen
(15) workdays in which to investigate the merit of the complaint and to meet with
the Fire Chief or designee and the employee to attempt to settle the complaint
and to respond in writing to the employee and the employee's Association
representative.
D. Step 4. No complaint may be processed under this Section which has not first
been filed and investigated in accordance with Step 3 above and filed within five
(5) calendar days of the written response of the Director of Human Resources or
designee. If the parties are unable to reach a mutually satisfactory accord on
any complaint which arises and is presented during the term of this
Memorandum of Understanding, such complaint shall be submitted in writing
within five (5) calendar days to the Director of Human Resources requesting that
the complaint be submitted to an Adjustment Board. Such Adjustment Board is
to be comprised of three (3) Association representatives, no more than one (1) of
whom shall be either an employee of the District or a member of the Association
presenting this complaint, and three (3) representatives of the District, no more
than one (1) of whom shall be an employee of a District covered by this MOU, or
a County employee or a member of the staff of an organization employed to
represent the District in the meeting and conferring process. The Adjustment
Board shall meet and render a decision within fifteen (15) calendar days of
receipt of a written request.
E. Step 5. Within ten (10) calendar days of exhaustion of this procedure through
Step 4, the Association may request a meeting and/or discussion with the Fire
Chief regarding the complaint.
If an Adjustment Board is unable to arrive at a majority decision, either the
employee (or the County/District, when alleging a violation of Section 19.2 below)
may require the complaint be referred to an impartial arbitrator who shall be
designated by mutual agreement between the employee and the Director of
Human Resources. Such request shall be submitted within ten (10) calendar
days of the rendering of the Adjustment Board decision to the Director of Human
Resources (or the designated representative of the Association when the
County/District is alleging a violation of Section 19.2 below). Within thirty (30)
calendar days of the request for arbitration, the parties shall mutually select an
arbitrator. The fees and expenses of the arbitrator and of the Court Reporter
shall be shared equally by the employee and the District. Each party, however,
shall bear the costs of its own presentation, including preparation and post-
hearing briefs, if any.
F. For the purposes of this Section 19 the term "workday" shall be defined as any
day except a Saturday, Sunday or holiday.
SECTION 19 – MANAGEMENT COMPLAINT PROCEDURE
UCOA 41 2011-2014 MOU
19.2 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 Association which has been certified
as the recognized employee organization for such unit and unless such
dispute falls within the definition of a complaint as set forth in Section 19.1
above.
C. Proposals to add to or change this Memorandum of Understanding or to
change written agreements supplementary hereto shall not be arbitrable
and no proposal to modify, amend, or terminate this Memorandum of
Understanding 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 Memorandum of Understanding or written
agreements supplementary hereto or to establish any new terms or
conditions of employment.
D. If the Director of Human Resources in pursuance of the procedures
outlined in Section 19.1C above, or the Adjustment Board in pursuance of
the provisions of Section 19.1D above, resolve a complaint which involves
suspension or discharge, they may agree to payment for lost time or to
reinstatement with or without payment for lost time; but, in the event that
the complaint is carried to arbitration and such employee is found to have
been properly discharged under the provisions of Section 19, such
employee may not be ordered reinstated and no penalty may be assessed
upon the County/District.
19.3 Clarification on Time Limits of the Complaint Procedure. The time limits and
steps specified above may be waived by mutual agreement of the parties to the
complaint. If the District fails to meet the time limits specified in Steps 1 through 3
above, the complaint will automatically move to the next step. If a complainant fails to
meet the time limits specified in Steps 1 through 5 above, the complaint will be deemed
to have been settled and withdrawn.
19.4 Representation Outside of Association. An official, with whom a formal
complaint is filed by a complainant who is included in a unit represented by the
Association, but is not represented by the Association in the complaint, shall give the
Association a copy of the formal presentation.
19.5 Compensation Complaints. All complaints involving or concerning the payment
of compensation shall be initially filed in writing with the Director of Human Resources.
Only complaints which allege that employees are not being compensated in accordance
with the provisions of this Memorandum of Understanding shall be considered as
SECTION 20 - EMPLOYEE REPRESENTATION RIGHTS
UCOA 42 2011-2014 MOU
complaints. Any other matters of compensation are to be resolved in the meeting and
conferring process, if not detailed in the Memorandum of Understanding 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 adjustments shall be
retroactive for more than six (6) months from the date upon which the complaint was
filed. No change in this Memorandum of Understanding or interpretations thereof
(except interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the District and the Association.
19.6 No Strike. During the term of this Memorandum of Understanding, the
Association, its members and representatives, agree that it and they will not engage in,
authorize, sanction or support any strike, slowdown, refusal to perform customary
duties, stoppage of work or sickout against the District.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises the employee's supervisor as soon
as possible, and provided further that an employee may be required to cross a picket
line where the performance of the employee's duties is of an emergency nature and/or
failure to perform such duties might cause or aggravate a danger to public health or
safety.
19.7 Merit Board.
A. All complaints of employees in the representation unit represented by the
Association shall be processed under Section 19 unless the employee
elects to apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps (3), (4) or (5) of Subsection 19.1 above shall be
taken if action on the complaint has been taken by the Merit Board, or if
the complaint is pending before the Merit Board.
19.8 Complaint Filing. The Association may file a complaint at Step 3 on
behalf of affected employees when action by the County Administrator or the Board of
Supervisors violates a provision of this Memorandum of Understanding.
19.9 Letter of Reprimand. Letters of reprimand are subject to the complaint
procedure but shall not be processed past Step 3. Letters of reprimand shall be served
personally or by certified mail on the affected employee. A copy of the letter of
reprimand shall be placed in the employee's official personnel file maintained by the
District.
SECTION 20 - EMPLOYEE REPRESENTATION RIGHTS
The District recognizes an employee’s right to representation during any disciplinary
interview or meeting, which may result in discipline. The District will not interfere with
the representative’s right to assist an employee to clarify the facts during the interview.
UCOA 43 2011-2014 MOU
SECTION 21 - RETIREMENT CONTRIBUTION
21.1 Payment of Employee’s Normal Contributions and COLAs.
The employee will be responsible for one hundred percent (100%) of the normal
contribution required of the employee. The contribution will be deducted from the
employee’s earnings pretax based on the individual employee’s retirement contribution
percentage, based on age of entry into the retirement system.
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 District paying any
part of the employees share. The District will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
21.2 Enhanced Retirement Benefits
A. Retirement Benefit. The retirement formula of “3 percent at 50” applies to the
employees who are designated by CCCERA as safety members. The cost of
living adjustment (COLA) to the retirement allowances of these employees will
not exceed 3 percent (3%) per year. The final compensation of these employees
will be based on a twelve (12) month salary average. Until April 1, 2012, each
employee will pay nine (9) percent of his or her retirement base to pay part of the
employer’s contribution towards the cost of the enhanced safety retirement
benefit. Effective April 1, 2012, each employee will pay ten (10) percent of
his/her retirement base pay to pay part of the employer’s contribution towards the
cost of safety retirement. Such payments will be made on a pre-tax basis in
accordance with applicable tax laws. “Retirement base” means base salary and
other payments, such as salary differential and flat rate pay allowances, used to
compute retirement benefits.
B. Employees With More Than Thirty Years of Continuous Service as Safety
Members.
Commencing on January 1, 2008, pursuant to Government Code Section 31664.1,
employees who are designated by CCCERA as safety members with credit for more
than thirty (30) years of continuous service as safety members, will not make payments
from their retirement base to pay part of the employer’s contribution towards the cost of
the enhanced safety retirement benefit.
21.3 Re-Opener – New Retirement Tier.
If the District and IAFF, Local 1230, agree to a new safety retirement tier for future
employees, then that new safety retirement tier will also apply to future employees
represented by UCOA on the same terms and conditions that the new tier will apply to
future employees represented by IAFF, Local 1230. The new safety retirement tier will
UCOA 44 2011-2014 MOU
take effect for future employees represented by UCOA on the same date that the new
tier takes effect for future employees represented by IAFF, Local 1230.
SECTION 22 - SAFETY
The District shall expend every effort to see to it that the work performed under the
terms and conditions of this Memorandum of Understanding is performed with
maximum degree of safety consistent with the requirement to conduct efficient
operations.
SECTION 23 - MILEAGE
Reimbursement for Use of Personal Vehicle. The mileage allowance for use of
personal vehicles on District 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.
SECTION 24 - UNIFORM ALLOWANCE
The monthly uniform allowance for all employees in represented classes for which a
uniform is required shall be $50/month. The District will provide each member of the
bargaining unit, as of October 1, 2007, a Class A Dress Coat as selected by the District.
SECTION 25 - CERTIFICATION REQUIREMENTS
25.1 Required Certifications. Incumbents of each of the classifications represented
by the Association shall, at all times, possess current certification appropriate for
practice in Contra Costa County in First Responder Public Safety and Hazardous
Materials Incident Commander.
25.2 General Terms.
a. The District will provide maintenance training to incumbent employees to comply
with the requirements of Section 25.1 above.
b. Employees appointed into any of the applicable classifications (excepting
movements between these classifications) shall obtain these certifications within
six (6) months of appointment. The District will provide initial certification training
to these employees.
SECTION 26 – OTHER TERMS OF EMPLOYMENT
UCOA 45 2011-2014 MOU
SECTION 26 – OTHER TERMS OF EMPLOYMENT
26.1 Longevity Pay. Employees who have completed ten (10) years of appointed
service for the District shall be eligible to receive a two and one-half percent (2.5%)
longevity differential.
26.2 Deferred Compensation Incentive. The District contribution to
employees who participate in the County’s Deferred Compensation Plan is seventy-five
dollars ($75) per month. To be eligible for this incentive, employees must contribute to
the deferred compensation plan as indicated below.
Monthly Contribution
Employees with Required to Maintain
Current Qualifying Base Incentive Program
Monthly Salary of: Contribution Amount: Eligibility
$2,500 and below $250 $50
2,501 - 3,334 500 50
3,335 - 4,167 750 50
4,168 - 5,000 1,000 50
5,001 - 5,834 1,500 100
5,835 - 6,667 2,000 100
6,668 & above 2,500 100
Employees who discontinue contributions or who contribute less than the required
amount per month for a period of one (1) month or more will no longer be eligible for the
fifty dollar ($50) District supplement. To reestablish eligibility, employees must again
make a Base Contribution Amount as set forth above based on current monthly salary.
Employees with a break in deferred compensation contributions either because of an
approved medical leave or an approved financial hardship withdrawal shall not be
required to reestablish eligibility. Further, employees who lose eligibility due to
displacement by layoff, but maintain contributions at the required level and are later
employed in an eligible position, shall not be required to reestablish eligibility.
26.3 Training. Employees shall be eligible for career development training
reimbursement in the maximum amount not to exceed $750 per fiscal year. The policy
for reimbursement of training expenses shall be consistent with County and District
policies on Travel and Training.
26.4 Educational Incentive Program. Employees who possess the appropriate
certificates or educational degrees beyond the minimum requirements for their class
and/or meet the appropriate continuing educational requirements shall be eligible to
qualify for professional development educational incentives under the conditions
described herein.
SECTION 26 – OTHER TERMS OF EMPLOYMENT
UCOA 46 2011-2014 MOU
1. Incumbents of the following classifications are eligible to participate in this incentive
program:
Battalion Chief (RPHA, RPHE)
Chief, Fire Emergency Medical Services (RPHD)
Fire Training Chief (RWHA)
2. All differentials shall be designated as either contingent or permanent allowances
and shall be awarded in increments of 2.5% of monthly base salary. The combined
contingent and permanent educational incentives awarded any employee in any
class noted above shall not exceed 7.5% of monthly base pay.
3. This plan is subject to appropriate administrative guidelines and controls
promulgated by the Fire Chief and approved by the Human Resources Director to
ensure that the standards described herein are met. These guidelines include, but
are not limited to, the following:
a. Employees who become qualified for permanent allowances at either the
2.5% or 5% levels as described herein shall be eligible for receipt of the
appropriate allowance beginning on the date of qualification.
b. Employees who qualify for either the permanent or contingent levels of
allowance described herein do so effective the first day of the month
providing that acceptable documentation is received by Fire District
Administration not later than the twenty-fifth (25th) of the proceeding month.
4. The program is intended to encourage the further professional development of
eligible personnel by the pursuit and achievement of job-related certificates or
degrees as follows:
a. A Certificate of Achievement in Fire Technology, Business Administration,
Management and Supervision or a related field from an accredited
college.
b. An Associate of Arts or Science Degree from an accredited college with a
major in Fire Technology, Business Administration, Management and
Supervision or a related field.
c. Completion of ten (10) Chief Officers Certification courses issued by the
Office of the State Fire Marshal. In addition, an employee must complete
two (2) additional courses through the National Fire Academy.
d. A Baccalaureate Degree from an accredited college or university with a
major in Business or Public Administration or a related field.
5. Qualifications for allowances shall be under the following conditions:
SECTION 26 – OTHER TERMS OF EMPLOYMENT
UCOA 47 2011-2014 MOU
a. A contingent allowance of 2.5% shall be awarded for annually completing at
least forty (40) hours of approved education or training or at least three (3)
approved college semester units (or equivalent quarter units) or an
approved combination thereof in pursuit of options (a) through (d) in Section
4 above.
b. A permanent allowance of 2.5% shall be awarded for possession of one of
options (a) through (d) in Section 4 above. Only one 2.5% permanent
allowance is available within this category.
c. A permanent allowance of 2.5% shall be awarded for possession of one of
options (a) through (d) in Section 4 and additional contingent allowance of
2.5% shall be awarded for annually completing at least forty (40) hours of
approved educational or training or at least three (3) approved college
semester units (or equivalent quarter units) or an approved combination
thereof in pursuit of any other option consistent with the officially declared
educational objective.
d. A permanent allowance of 5% shall be awarded for possession of either (1)
options (b) and (c) in Section 4 above or (2) options (a) and (d) in Section 4.
A person receiving this allowance may not receive an allowance under
Section 5(b).
e. A permanent allowance of 5% shall be awarded for possession of either (1)
options (b) and (c) in Section 4 or (2) options (a) and (d) in Section 4 and an
additional contingent allowance of 2.5% shall be awarded for annually
completing at least forty (40) hours of approved education or training or at
least three (3) approved college semester units (or equivalent quarter units)
or an approved combination thereof consistent with the officially declared
educational objective. Normally, this objective would be a Fire Chief
certificate issued by the Office of the State Fire Marshal, a Baccalaureate
Degree or a Master’s Degree.
26.5 Management Development Policy. Employees shall be authorized to
attend professional training programs, seminars and workshops - a minimum of thirty
(30) hours annually, during normal work hours only with the Fire Chief’s approval – for
the purpose of developing knowledge, skills and abilities in the areas of supervision,
management and District/County policies and procedures.
The Fire District is encouraged to provide professional development opportunities for
people newly promoted into positions of direct supervision.
Priority for professional training programs shall be afforded those offered through the
Contra Costa Training Institute. Other related and appropriate training/education
resources approved by the Fire District may be considered.
To encourage personal and professional growth, the District provides reimbursement for
certain expenses incurred by employees for job-related training (required training and
SECTION 27 – SPECIAL ASSIGNMENT PRE-APPROVAL
UCOA 48 2011-2014 MOU
career development training/education). Provisions for eligibility and reimbursement are
determined by the District and County and outlined in District and County policy.
26.6 Professional Development Reimbursement. Employees shall be eligible for
reimbursement of up to $450 for each two (2) year period beginning January 1, 2001 for
memberships in professional organizations, subscriptions to professional publications,
attendance fees at job-related professional development activities and purchase of
computer hardware and software.
Authorization for individual professional development reimbursement requests shall be
made by the Fire Chief. Reimbursement will occur through the regular demand process
with demands being accompanied by proof of payment.
26.7 Bilingual Pay Differential. A monthly salary differential shall be paid to
incumbents of positions requiring bilingual proficiency as designated by the Fire Chief
and the Human Resources Director. The differential shall be prorated for employees
working less than full time and/or on an unpaid leave of absence during any given
month. The differential shall be sixty-five dollars ($65) per month.
Designation of positions for which bilingual proficiency is required is the sole prerogative
of the County, and such designations may be amended or deleted at any time.
26.8 Emergency Recall and Standby Differential. A salary differential in the
amount of five percent (5%) of monthly base salary shall be in effect for personnel (56
hour) assigned to standby and emergency recall duty a minimum of eight (8) days each
month, (twelve (12) days for 40 hour personnel). Such personnel (56 hour) assigned to
standby and emergency recall for four (4) days, (six (6) days for 40 hour personnel) in
each four (4) consecutive weeks shall be eligible to receive a differential in the amount
of two and one-half percent (21/2%) of monthly base salary.
SECTION 27 – SPECIAL ASSIGNMENT PRE-APPROVAL
Any special assignment of personnel must be pre-approved, in writing, by the
appropriate Assistant Chief or, in their absence, the Duty Fire Chief.
SECTION 28 – DAYS AND HOURS OF WORK
A. In general, the employee in the class of Chief, Fire Emergency Medical Services,
and employees in Day Battalion Chief positions shall usually be assigned to a forty
(40) hour per week schedule. The forty hour per week schedule shall usually be five
(5) eight-hour days or, with the permission of the Fire Chief or designee and per Fire
District policy, a “nine/eighty” (“9/80”) schedule. The remaining employees in the
Shift Battalion Chief positions shall usually be assigned to a fifty-six (56) hour per
week schedule consisting of two (2) 24-hour shifts in a six (6) day cycle with four (4)
consecutive days off (commonly referred to as 48/96) in providing Shift Battalion
SECTION 28 – DAYS AND HOURS OF WORK
UCOA 49 2011-2014 MOU
Chief coverage.
Nothing herein shall preclude the Fire Chief or designee from assigning employees
of this unit between the existing work schedules or to the work assignments which
best meet the workload demands and operational needs of the District and/or which
results in the provision of effective, efficient services to the public.
B. In the event that the Fire Chief or designee determines a need to reassign Battalion
Chief(s) from one battalion to another battalion, from one 56-hour shift to another 56-
hour shift, or both, the Fire Chief or designee will provide written notice to all
Battalion Chiefs of such need.
The Fire Chief or designee will meet with the Battalion Chiefs as a group. There
shall be at least five (5) days advance notice of the meeting. At the meeting to
discuss the change, the Battalion Chiefs’ input shall be solicited. The Battalion
Chiefs will have the opportunity to request reassignment in writing. The Fire Chief or
designee will provide at least five (5) days notice, prior to implementing the change.
After such meeting and notice, the Fire Chief or designee will make reassignment(s)
at his/her sole discretion.
C. In the event that the Fire Chief or designee determines a need to reassign a
bargaining unit member from one schedule to another schedule listed in Section A.,
the Fire Chief or designee will provide written notice to all Battalion Chiefs of such
need.
The Fire Chief or designee will meet with the Battalion Chiefs as a group. There
shall be at least seven (7) days advance notice of the meeting. At the meeting to
discuss the change, the Battalion Chiefs’ input shall be solicited. The Battalion
Chiefs will have the opportunity to request reassignment in writing. The Fire Chief or
designee will provide at least seven (7) days notice, prior to implementing the
change.
After such notice and meeting, the Fire Chief or designee may make
reassignment(s).
If the Association makes a request within five (5) days of this assignment, the Fire
Chief or designee will meet with representatives of the Association to discuss the
assignment(s) and to review alternatives. The Fire Chief or designee will then
confirm or amend the assignment(s).
In the event that the affected employee(s) assignment is involuntary, the assignment
shall not exceed one (1) year.
D. Nothing herein shall preclude the Fire Chief or designee from making assignments
as necessary to deal with emergency conditions. The Fire Chief or designee shall
follow the provisions listed above as soon as possible after the emergency
assignment is proposed and/or has been made.
SECTION 30 – BATTALION CHIEF OPENINGS
UCOA 50 2011-2014 MOU
SECTION 29 – MAXIMUM CONTINUOUS WORK HOURS
The maximum number of continuous work hours for Battalion Chiefs shall be limited to
120 hours.
A. Continuous work hours shall not exceed 120 hours.
B. An employee must have twenty-four (24) hours off after a 120 hour continuous
segment.
C. Exceptions may be made (at the discretion of the Duty Chief or) if emergency
activities require extended schedules (for example, mandatory hold-overs).
D. This proposal does not apply to strike team assignments and/or incident
management team deployments.
SECTION 30 – BATTALION CHIEF OPENINGS
As assignments for a Battalion Chief occur, Battalion Chiefs shall be notified of such
openings and be afforded an opportunity to request reassignment - said request to be
submitted in writing to the Fire Chief or designee. However, requests will be granted or
denied at the sole discretion of the Fire Chief.
SECTION 31 – SERVICE AWARDS
The District 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.
SECTION 32 – DEFINITIONS FOR SERVICE AWARDS AND VACATION
ACCRUALS
The length of service credits of each employee of the District shall date from the
beginning of the last period of continuous District employment (including temporary,
provisional and permanent status, and absences on approved leave of absence). When
an employee separates from a permanent position in good standing and within two (2)
years is re-employed in a permanent District position or is re-employed in a permanent
District position from a layoff list within the period of layoff eligibility, service credits shall
include all credits accumulated at time of separation, but shall not include the period of
separation. The Director of Human Resources shall determine these matters based on
the employee status records in their department.
SECTION 33 - UNFAIR LABOR PRACTICE
UCOA 51 2011-2014 MOU
SECTION 33 - UNFAIR LABOR PRACTICE
Either the District/County or the Association may file an Unfair Labor Practice, as
defined in Chapter 34-22 of Resolution 81/1165, against the other.
If not resolved in discussions between the parties, the parties may, but need not agree
to have allegations of an Unfair Labor Practice heard by a mutually agreed upon
impartial third party.
SECTION 34 - ADOPTION
The provisions of this Memorandum of Understanding shall be made
applicable on the dates indicated and upon approval by the Board of Supervisors.
Resolutions and Ordinances, where necessary, shall be prepared and adopted in order
to implement these provisions. It is understood that where it is determined that an
Ordinance is required to implement any of the foregoing provisions, said provisions shall
become effective upon the first day of the month following thirty (30) days after such
Ordinance is adopted.
SECTION 35 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
35.1 Scope of Agreement. Except as otherwise specifically provided herein, this
Memorandum of Understanding represents the full and complete incorporation of those
proposals which were considered and evaluated pursuant to the meet and confer
process. This Memorandum of Understanding constitutes the entire and sole
agreement between the Parties on any and all matters that were presented during the
meet and confer process. If a proposal was made by either Party and not incorporated
within this Agreement, then it was considered and rejected.
The Association understands and agrees that the County and/or District 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.
35.2 Separability of Provisions. Should any section, clause or provision of this
Memorandum of Understanding 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 Memorandum of
Understanding.
35.3 Personnel Management Regulations. Where a specific provision contained in
a section of this Memorandum of Understanding conflicts with a specific provision
contained in a section of the Personnel Management Regulations, the provision of this
Memorandum of Understanding shall prevail. Those provisions of the Personnel
Management Regulations within the scope of representation which are not in conflict
SECTION 35 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
UCOA 52 2011-2014 MOU
with the provisions of this Memorandum of Understanding and those provisions of the
Personnel Management Regulations which are not within the scope of representation
shall be considered in full force and effect.
35.4 Duration of Agreement. This Agreement shall continue in full force and effect
from October 1, 2011 to and including June 30, 2014. Said Agreement shall
automatically renew from year to year thereafter unless either party gives written notice
to the other prior to sixty (60) days from the aforesaid termination date of its intention to
amend, modify or terminate the Agreement.
Date:
CCC Fire Protection District: United Chief Officers Association:
(Signature / Printed Name) (Signature / Printed Name)
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