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LOCAL 1 2011-2013
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES UNION
LOCAL # 1
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of Board of Supervisors’ Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer -employee relations matters as provided in Board of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Union is the
recognized representative, have freely exchanged information, opinions and proposals
and have endeavored to re ach agreement on all matters relating to the employment
conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of Contra Costa County, and the Contra Costa County Fire Protection
District, as the joint recommendations of the undersigned for salary and employee
benefit adjustments for the term set forth herein.
Special provisions and restrictions pertaining to Project employees covered by this MOU
are contained in Attachment A which is attached hereto and made a part hereof.
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LOCAL 1 2011-2013
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each position allocated to the group.
Class Title: The designation given to a class, to each position a llocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step o f the class
which the employee formerly occupied except as provided for under Transfer or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Director of Human Resources : The person designated by the County Administrator to
serve as the Assistant County Administrator-Human Resources Director.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given class.
Employee: A person who is an incumbent of a position or who is on leave of absence in
accordance with provisions of this MOU and whose position is held pending his return.
Employment List: A list of persons who have been found qualified for employment in a
specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff or displacement or
demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement,
or have transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period, but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period, but on a regularly scheduled less than full -time basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided for under Transfer or as
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LOCAL 1 2011-2013
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full -time, part-
time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to another
range that is within five percent (5%) of the top st ep, except as otherwise provided for in
the Personnel Management Regulations, deep class resolutions or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class o n the basis of significant changes in the kind,
difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons who have occupied positions allocated to any
class in the merit system and who have voluntarily separa ted and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent employment with the County.
Temporary Employment: Any employment in the Merit System which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another position in a
class which is allocated to a range on the salary plan that is within five percent (5%) at
top step as the class previously occupied by the employee.
Union: Local One
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LOCAL 1 2011-2013
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee organization for the representation units
listed below, and such organization has been certified as such pursuant to Board of
Supervisors’ Resolution 81/1165.
Agriculture and Animal Services Unit
Attendant-LVN-Aide Unit
Building Trades Unit
Engineering Unit
Family and Children’s Services
General Services and Maintenance Unit
Health Services Unit
Investigative Unit
Library Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 81/1165, only a
majority representative may have dues deduction and as such the Union has the
exclusive privilege of dues deduction or agency fee deduction for all employees in its
units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non -discriminatory
representation to all employees in all classes in the units for which this section is
applicable regardless of whether they are members of the Unio n.
B. All employees employed in a representation unit on or after the effective date of
this MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Union or;
2. Pay to the Union, an agency shop fee in an amount which does not
exceed an amount which may be lawfully collected under applicable
constitutional, statutory, and case law, which under no circumstances
shall exceed the monthly dues, initiation fees and general assessme nts
made during the duration of this MOU. It shall be the sole responsibility of
the Union to determine an agency shop fee which meets the above
criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a member of a
bona fide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting any
public employee organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee described in Section
2.2.B.2 to a non-religious, non-labor, charitable fund chosen by
the employee from the following charities: Family and Children's
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LOCAL 1 2011-2013
Trust Fund, Child Abuse Prevention Council and Battered
Women's Alternative.
C. The Union shall provide the County with a co py of the Union's Hudson Procedure
for the determination and protest of its agency shop fees. The Union shall
provide a copy of said Hudson Procedure to every fee payer covered by this
MOU within one month from the date it is approved and annually thereaft er, and
as a condition to any change in the agency shop fee. Failure by an employee to
invoke the Union's Hudson Procedure within one month after actual notice of the
Hudson Procedure shall be a waiver by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that an employee
is separated from the representation unit but shall be reinstated upon the return
of the employee to the representation unit. The term separation includes transfer
out of the unit, layoff, and leave of absence with a duration of more than thirty
(30) days.
E. Annually, the Union shall provide the Human Resources Director with copies of
the financial report which the Union annually files with the Ca lifornia Public
Employee Relations Board. Such report shall be available to employees in the
unit. Failure to file such a report within sixty (60) days after the end of its fiscal
year shall result in the termination of all agency shop fee deductions witho ut
jeopardy to any employee, until said report is filed, and upon mutual agreement,
this time limit may be extended to one hundred twenty (120) days.
F. Compliance.
1. An employee employed in or hired into a job class represented by the
Union shall be provided with an Employee Authorization for Payroll
Deduction card by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30)
calendar days after notice of this agency shop fee provision and the union
dues, agency shop fee, initiation fee or charitable contribution required
under Section 2.2.B.3 are not received, the Union may, in writing, direct
that the County withhold the agency shop fee and the initiation fee from
the employee's salary, in which case the employee's monthly salary shall
be reduced by an amount equal to the agency shop fee and the County
shall pay an equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against any
and all claims, demands, suits , orders, or judgments, or other forms of liability
that arise out of or by reason of this union security section, or action taken or not
taken by the County under this Section. This includes, but is not limited to, the
County's attorneys' fees and costs. The provisions of this subsection shall not be
subject to the grievance procedure following the adoption of this MOU by the
County Board of Supervisors.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Union.
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LOCAL 1 2011-2013
I. In the event that employees in a bargaining unit represented by the Union vote to
rescind agency shop, the provisions of Section 2.4 and 2.5 shall apply to dues -
paying members of the Union.
2.3 Dues Form. Employees hired on or after October 1, 1981, in classifications
assigned to units represented by the Union shall, as a condition of employment,
complete a Union dues authorization card provided by the Union and shall have
deducted from their paychecks the membership dues of the Union. Said employees s hall
have thirty (30) days from the date of hire to decide if he/she does not want to become a
member of the Union. Such decision not to become a member of the Union must be
made in writing to the Auditor -Controller with a copy to the Labor Relations Service Unit
within said thirty (30) day period. If the employee decides not to become a member of
the Union, any Union dues previously deducted from the employee's paycheck shall be
returned to the employee and said amount shall be deducted from the next dues
deduction check sent to the Union. If the employee does not notify the County in writing
of the decision not to become a member within the thirty (30) day period, he/she shall be
deemed to have voluntarily agreed to pay the dues of the Union.
Each such dues authorization form referenced above shall include a statement that the
Union and the County have entered into a MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition of employment, and that such
authorization ma y be revoked within the first thirty (30) days of employment upon proper
written notice by the employee within said thirty (30) day period as set forth above. Each
such employee shall, upon completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of his/her right to revoke said
authorization.
2.4 Maintenance of Membership . All employees in units represented by the Union
who are currently paying dues to the Union and all employees in such units who
hereafter become members of the Union shall as a condition of continued employment
pay dues to the Union for the duration of this MOU and each year thereafter so long as
the Union continues to represent the position to which the employee is assigned, unle ss
the employee has exercised the option to cease paying dues in accordance with Section
2.5.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between August 1 and August 31, 200 5, any employee may withdraw from
Union membership and discontinue paying dues as of the payroll period commencing
September 1, 2005 discontinuance of dues payments to then be reflected in the October
10, 2005 paycheck. Immediately upon close of the above mentioned thirty (30) day
period the Auditor-Controller shall submit to the Union a list of the employees who have
rescinded their authorization for dues deduction. This can only be accomplished if and
when agency shop would be rescinded.
2.6 Communicating With Employees . The Union shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by the
Union, provided the communications displayed have to do with official organization
business such as times and places of meetings and further provided that the employee
organization appropriately posts and removes the information. The department head
reserves the right to remove objectionable materials after notifica tion to and discussion
with the Union.
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LOCAL 1 2011-2013
Representatives of the Union, not on County time, shall be permitted to place a supply of
employee literature at specific locations in County buildings if arranged through the
Department Head or designated representa tive; said representatives may distribute
employee organization literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed method of distribution are
compatible with the work environment and work in progress. Such placement and/or
distribution shall not be performed by on -duty employees.
The Union shall be allowed access to work locations in which it represents employees
for the following purposes:
A. To post literature on bulletin boards.
B To arrange for use of a meeting room.
C. To leave and/or distribute a supply of literature as indicated above.
D. To represent an employee on a grievance and/or to contact a union officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area, and the visit will not interfere with County services.
2.7 Use of County Buildings. The Union shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees during non -work hours
when:
A. Such space is available.
B. There is no additional cost to the County.
C. It does not interfere with normal County operations.
D. Employees in attendance are not on duty and are not scheduled for duty.
E. The meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Union shall maintain proper order at the meeting, and see
that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of business
meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.8 Advance Notice. The Union shall, except in cases of emergency, have the right
to reasonable notice of any ordinance, rule, resolution or regulation directly relating to
matters within the scope of representation proposed to be adopted by the Board, or
boards and commissions appointed by the Board, and to meet with the body considering
the matter.
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LOCAL 1 2011-2013
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions appointed by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the bargaining units
represented by the Union, that the employee's classification is represented by the Union
and the name of a representative of the Union. The County will provide the employee
with a packet of information which has been supplied by the Union and approved by the
County. The County shall provide an opportunity for the Union to make a fifteen (15)
minute presentation at the end of the Human Resources Department’s new employee
orientation meetings.
2.10 Assignment of Classes to Bargaining Units . The County shall assign new
classes in accordance with the following proced ure:
A. Initial Determination . When a new class title is established, the Labor Relations
Manager shall review the composition of existing representation units to
determine the appropriateness of including some or all of the employees in the
new class in one or more existing representation units, and within a reasonable
period of time shall notify all recognized employee organizations of his/her
determination.
B. Final Determination. His/her determination is final unless within ten (10) days
after notification a recognized employee organization requests in writing to meet
and confer thereon.
C. Meet and Confer and Other Steps . He/she shall meet and confer with such
requesting organizations (and with other recognized employee organizations
where appropriate) to seek agreement on this matter within sixty (60) days after
the ten (10) day period in Subsection b, unless otherwise mutually agreed.
Thereafter, the procedures in cases of disagreement, arbitration referral and
expenses, and criteria for determination shall conform to Board of Supervisor's
Resolution 81/1165.
2.11 Section 18 of 1977-79 MOU. Section 18 of the 1977-1979 MOU between the
County and Local No. 1 shall be continued for the duration of this MOU and shall be
applicable to all units currently represented by Local No. 1.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
There shall be no discrimination because of sex, race, creed, color, national origin,
sexual orientation or union activities against any employee or appl icant 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 be cause of such disability
unless that disability prevents the person from meeting the minimum standards
established for the position or from carrying out the duties of the position safely.
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LOCAL 1 2011-2013
The Employer and the Union recognize that the Employer has an oblig ation to
reasonably accommodate disabled employees. If by reason of the aforesaid requirement
the Employer contemplates actions to provide reasonable accommodation to an
individual employee in compliance with the ADA which are in conflict with any provisio n
of this Agreement, the Union will be advised of such proposed accommodation. Upon
request, the County will meet and confer with the Union on the impact of such
accommodation. If the County and the Union do not reach agreement, the County may
implement the accommodation if required by law without further negotiations. Nothing in
this MOU shall preclude the County from taking actions necessary to comply with the
requirements of ADA.
SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to attend meetings held by County
agencies during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting, including
meetings of the Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of testimony or
other reasons.
C. If their attendance is required for meetings scheduled at reasonable times
agreeable to all parties, required for settlement of grievances filed pursuant to
Section 25 - Grievance Procedure of this MOU.
D. If they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to
present a grievance provided the meetings are scheduled at reasonable times
agreeable to all parties.
E. If they are designated as spokesperson or representative of the Union and as
such make representations or presentations at meetings or hearings on wages,
salaries and working conditions; provided in each case advance arrangements
for time away from the employee's work sta tion or assignment are made with the
appropriate department head, and the County agency calling the meeting is
responsible for determining that the attendance of the particular employee(s) is
required, including meetings of the Board of Supervisors and Retirement Board
where items which are within the scope of representation and involving Local No.
1 are to be discussed.
F. Shop stewards and union officials shall advise, as far in advance as possible,
their immediate supervisor, or his/her designee, of their intent to engage in union
business. All arrangements for release time shall include the location, the
estimated time needed and the general nature of the union business involved
(e.g. grievance meeting, Skelly hearing).
4.2 Union-Sponsored Training Programs. The County shall provide a maximum
of three hundred twenty (320) hours per year of release time for union desi gnated
stewards or officers to attend union -sponsored training programs.
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LOCAL 1 2011-2013
Requests for release time shall be provided in writing to the Department and the County
Human Resources Department at least fifteen (15) days in advance of the time
requested. Department Heads will reasonably consider each request and notify the
affected employee whether such request is approved within one (1) week of receipt.
4.3 Union Representatives. Official representatives of the Union shall be allowed
time off on County time f or meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the Labor Relations Manager or
other management representatives on matters within the scope of representation,
provided that the number of such representatives shall not exceed the below specified
limits without prior approval of the Labor Relations Officer, and that advance
arrangements for the time away from the work station or assignment are made with the
appropriate Department Head.
Agriculture and Animal Services 2
Attendant-LVN-Aide 2
Building Trades 2
Engineering 2
Family and Children’s Services 2
General Services and Maintenance 6
Health Services 5
Investigative 2
Library 2
SECTION 5 – SALARIES
5.1 General Wages.
A. Effective on July 1, 2012, the base rate of pay for all classifications represented
by the Union will be reduced by two and three -quarters percent (2.75%).
B. Longevity Pay. Effective July 1, 2008, employees at ten (10) years of County
service shall receive a two and one -half percent (2.5%) longevity pay differential.
One Time Lump Sum Payment 2012
A. PERMANENT FULL TIME EMPLOYEES. Permanent full time employees,
including project employees, who meet all of the following criteria will be paid a
one-time lump sum payment of $500 on or about May 10, 2012:
1. The employee must be employed by the County on or before January 1,
2012;
2. The employee must be employed on a permanent full time basis on April
1, 2012; and
3. The employee must be in a classification represented by one of the
following employee organizations on April 1, 2012:
a. Public Employees Union, Local One
b. Public Employees Union, Local One, CSB- Site Supervisor Unit
c. United Clerical ,Technical & Specialized Employees, AFSCME, Local
2700
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LOCAL 1 2011-2013
d. Professional & Technical Employees, AFSCME, Local 512
e. Western Council of Engineers
f. SEIU, Local 1021, Rank and File Unit
g. SEIU, Local 1021, Service Line Supervisors Unit
B. PERMANENT PART TIME EMPLOYEES. Permanent Part Time employees,
including project employees, who meet all of the following criteria will be paid a
one-time lump sum payment on a prorated basis on or about May 10, 2012:
1. The employee must be employed by the County on or before January 1,
2012;
2. The employee must be employed on a permanent part time basis on April
1, 2012; and
3. The employee must be in a classification represented by one of the
following employee organizations on April 1, 2012:
a. Public Employees Union, Local One
b. Public Employees Union, Local One, CSB- Site Supervisor Unit
c. United Clerical ,Technical & Specialized Employees, AFSCME, Local
2700
d. Professional & Technical Employees, AFSCME, Local 512
e. Western Council of Engineers
f. SEIU, Local 1021, Rank and File Unit
g. SEIU, Local 1021, Service Line Supervisors Unit
The prorated one-time lump sum payment for permanent part time employees will be
calculated by multiplying $500 by the employees’ designated and approved position
hours (For example: $500 X (20/40) = $250).
C. PERMANENT INTERMITTENT EMPLOYEES. Permanent Intermittent employees,
including project employees, who meet all of the following criteria will be paid a one -time
lump sum payment on or about May 10, 2012:
1. The employee must be employed by the County on or before January 1,
2012;
2. The employee must be employed on a perma nent intermittent basis on
April 1, 2012; and
3. The employee must be in a classification represented by one of the
following employee organizations on April 1, 2012:
a. Public Employees Union, Local One
b. Public Employees Union, Local One, CSB- Site Supervisor Unit
c. United Clerical ,Technical & Specialized Employees, AFSCME, Local
2700
d. Professional & Technical Employees, AFSCME, Local 512
e. Western Council of Engineers
f. SEIU, Local 1021, Rank and File Unit
g. SEIU, Local 1021, Service Line Supervisors Unit
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LOCAL 1 2011-2013
The one-time lump sum payment for permanent intermittent employees will be
calculated by multiplying the number of hours the employee worked in calendar year
2011 by $0.24 ($500 divided by 2080 hours).
D. EMPLOYEES IN PER DIEM CLASSIFICATIONS. Employees in Per Diem
classifications who meet all of the following criteria will be paid a one -time lump sum
payment on or about May 10, 2012:
1. The employee must be employed by the County on or before January 1,
2012;
2. The employee must be employed on a Per Diem basis on Apr il 1, 2012;
and
3. The employee must be in a classification represented by one of the
following employee organizations on April 1, 2012:
a. Public Employees Union, Local One
b. Public Employees Union, Local One, CSB- Site Supervisor Unit
c. United Clerical ,Technical & Specialized Employees, AFSCME, Local
2700
d. Professional & Technical Employees, AFSCME, Local 512
e. Western Council of Engineers
f. SEIU, Local 1021, Rank and File Unit
g. SEIU, Local 1021, Service Line Supervisors Unit
The one-time lump sum payment for Per Diem employees will be calculated by
multiplying the number of hours the employee worked in calendar year 2011 by $0.24
($500 divided by 2080 hours).
E. LUMP SUM PAYMENT PROCESSED ON MAY 10, 2012 PAY WARRANT. The
employee’s regular earnings will be subject t o the employee’s required deductions, such
as taxes, wage garnishments, and retirement.
One Time Lump Sum Payment 2013
A. PERMANENT FULL TIME EMPLOYEES. Permanent full time employees,
including project employees, who meet all of the following criteria will be paid a
one-time lump sum payment of $500 on or about May 10, 2013:
1. The employee must be employed by the County on or before January 1,
2012;
2. The employee must be employed on a permanent full time basis on April
1, 2013; and
3. The employee must be in a classification represented by one of the
following employee organizations on April 1, 2013:
a. Public Employees Union, Local One
b. Public Employees Union, Local One, CSB- Site Supervisor Unit
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LOCAL 1 2011-2013
c. United Clerical ,Technical & Specialized Employees, AFSCME, Loc al
2700
d. Professional & Technical Employees, AFSCME, Local 512
e. Western Council of Engineers
f. SEIU, Local 1021, Rank and File Unit
g. SEIU, Local 1021, Service Line Supervisors Unit
B. PERMANENT PART TIME EMPLOYEES. Permanent Part Time employees,
including project employees, who meet all of the following criteria will be paid a
one-time lump sum payment on a prorated basis on or about May 10, 2013:
1. The employee must be employed by the County on or before January 1,
2012;
2. The employee must be employed on a perma nent part time basis on April
1, 2013; and
3. The employee must be in a classification represented by one of the
following employee organizations on April 1, 2013:
a. Public Employees Union, Local One
b. Public Employees Union, Local One, CSB- Site Supervisor Unit
c. United Clerical ,Technical & Specialized Employees, AFSCME, Local
2700
d. Professional & Technical Employees, AFSCME, Local 512
e. Western Council of Engineers
f. SEIU, Local 1021, Rank and File Unit
g. SEIU, Local 1021, Service Line Supervisors Unit
The prorated one-time lump sum payment for permanent part time employees will be
calculated by multiplying $500 by the employees’ designated and approved position
hours ($500 X (20/40) = $250).
C. PERMANENT INTERMITTENT EMPLOYEES. Permanent Intermittent
employees, including project employees, who meet all of the following criteria will
be paid a one-time lump sum payment on or about May 10, 2013:
1. The employee must be employed by the County on or before January 1,
2012;
2. The employee must be employed on a permanent inte rmittent basis on
April 1, 2013; and
3. The employee must be in a classification represented by one of the
following employee organizations on April 1, 2013:
a. Public Employees Union, Local One
b. Public Employees Union, Local One, CSB- Site Supervisor Unit
c. United Clerical ,Technical & Specialized Employees, AFSCME, Local
2700
d. Professional & Technical Employees, AFSCME, Local 512
e. Western Council of Engineers
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LOCAL 1 2011-2013
f. SEIU, Local 1021, Rank and File Unit
g. SEIU, Local 1021, Service Line Supervisors Unit
The one-time lump sum payment for permanent intermittent employees will be
calculated by multiplying the number of hours the employee worked in calendar year
2012 by $0.24 ($500 divided by 2080 hours).
D. EMPLOYEES IN PER DIEM CLASSIFICATIONS. Employees in Per Diem
classifications who meet all of the following criteria will be paid a one -time lump
sum payment on or about May 10, 2013:
1. The employee must be employed by the County on or before January 1,
2012;
2. The employee must be employed on a Per Diem basis on April 1, 20 13;
and
3. The employee must be in a classification represented by one of the
following employee organizations on April 1, 2013:
a. Public Employees Union, Local One
b. Public Employees Union, Local One, CSB- Site Supervisor Unit
c. United Clerical ,Technical & Spe cialized Employees, AFSCME, Local
2700
d. Professional & Technical Employees, AFSCME, Local 512
e. Western Council of Engineers
f. SEIU, Local 1021, Rank and File Unit
g. SEIU, Local 1021, Service Line Supervisors Unit
The one-time lump sum payment for Per Diem employees will be calculated by
multiplying the number of hours the employee worked in calendar year 2012 by $0.24(
$500 divided by 2080 hours).
E. LUMP SUM PAYMENT PROCESSED ON MAY 10, 2013 PAY WARRANT. The
employee’s regular earnings will be subject to the e mployee’s required
deductions, such as taxes, wage garnishments, and retirement.
5.2 Entrance Salary. Except as otherwise permitted in deep class resolutions, new
employees shall generally be appointed at the minimum step of the salary range
established for the particular class of position to which the appointment is made.
However, the appointing authority may fill a particular position at a step above the
minimum of the range if mutually agreeable guidelines have been developed in advance
or the Human Resources Director offers to meet confer with the Union on a case by
case basis each time prior to formalizing the appointment.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as fol lows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) months service provided however, if an employee began work
on the first regularly scheduled workday of the month the anniversary date is the
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first day of the calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is determined as for
a new employee in Subsection 5.4.a above.
C. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
D. Transfer, Reallocation & Reclassification. The anniversary date of an employee
who is transferred to another position or one whose position has been
reallocated or reclassified to a class allocated to the same salary range or to a
salary range which is within five percent (5%) of the top step of the previous
classification, re mains unchanged.
E. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not required
to serve a probation period is determined in the same way as the anniversary
date is determined for a new employee who is appointed the same date,
classification and step and who then successfully completes the required
probationary period.
F. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the County's
merit system at a rate above the minimum salary for the employee's new class,
or who is transferred from another governmental entity to this County's merit
system, is one (1) year from the first day of the calendar month after the calendar
month when the employee was appointed or transferred; provided however,
when the appointment or transfer is effective on the employee's first regularly
scheduled work day of that month, his/her anniversary date is one (1) year after
the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except those of
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in Section 5.3 to determine whether the
salary of the employee shall be advanced to the next higher step in the salary range.
Advancement shall be granted on the affirmative recommendation of the appointing
authority, based on satisfactory perfor mance by the employee. The appointing authority
may recommend denial of the increment or denial subject to one additional review at
some specified date before the next anniversary which must be set at the time the
original report is returned.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within range increment be granted at
one time, except as otherwise provided in deep class resolutions. In case an appointing
authority recommends denial of the within range increment on some particular
anniversary date, but recommends a special salary review at some date before the next
anniversary the special salary review shall not affect the regular salary review on the
next anniversary date. Nothing herein shall be construed to make the granting of
increments mandatory on the County. If an operating department verifies in writing that
an administrative or clerical error was made in failing to submit the documents needed to
advance an employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the month when eligible.
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5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary
in the same ratio to the full-time monthly rate to which the employee would be entitled as
a full-time employee under the provisions of this Section 5 as the number of hours per
week in the employee's part-time work schedule bears to the number of hours in the full -
time work schedule of the department.
5.6 Compensation for Portion of Month. Any employee who works less than any
full calendar month, except when on earned vacation or authorized sick leave, shall
receive as compensation for services an amount which is i n 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 th e
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent of
a position which is reclassified to a class which is allocated to a range of the basic salary
schedule greater than the range of the class of the position before it was reclassified
shall be governed by the provisions of Section 5.10 - Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at
the same step in the new salary range the employee was receiving in the range
to which the class was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received
before reallocation to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated from a salary range with more
steps to a salary range with fewer steps on the salary schedule, apart from the
general salary increase or decrease described in Section 5.9.A above, each
incumbent of a position in the reallocated class shall be placed upon the step of
the new range which equals the rate of pay received before the reallocation. In
the event that the steps in the new range do not contain the same rates as the
old range, each incumbent shall be placed at the step of the new range which is
next above the salary rate received in the old range, or if the new range does not
contain a higher step, at the step which is next lower than the salary received in
the old range.
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as above or below the salary range
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of the employee's previous class, the incumbent shall be placed at the step in the
new class which equals the rate of pay received before reallocation. In the event
that the steps in the range for the new class do not contain the same rates as the
range for the old class, the incumbent shall be placed at the step of the new
range which is next above the salary rate received in the old range; or if the new
range does not contain a higher step, the incumbent shall be placed at the step
which is next lower than the salary.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.10.
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 5.14, shall receive the salary in the new salary range which is next higher
than the rate received before promotion. In the event this increase is less than five
percent (5%), the employee's salary shall be adjusted to the step in the new range which
is at least five percent (5%) greater than the next higher step; provided however that the
next step shall not exceed the maximum salary for the higher class. In the e vent of the
appointment of a laid off employee from the layoff list to the class from which the
employee was laid off, the employee shall be appointed at the step which the employee
had formerly attained in the higher class unless such step results in a de crease 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, shall have his/her salary reduced to th e monthly salary
step in the range for the class of position to which he/she has been demoted next lower
than the salary received before demotion. In the event this decrease is less than five
percent (5%), the employee's salary shall be adjusted to the ste p in the new range which
is five percent (5%) less than the next lower step; provided, however, that the next step
shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or d isplacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all wit hin-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
he or she demotes, his or her salary shall re main the same if the steps in his or her new
(demoted) salary range permit, and if not, the new salary shall be set at the step next
below former salary.
5.12 Salary on Transfer. An employee who is transferred from one position to
another as described un der Transfer shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the event that
the steps in the range for the new class do not contain the same rates as the range for
the old class, the employee shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does not contain a
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higher step, the employee shall be placed at the step which is next lower than the salary
received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolutions, the salary of the employee shall be set as provided
in the deep class resolutions at a step not to exceed a five percent (5%) increase in the
employee's base salary.
However, if the deep class transfer occurs to or from a deep class with specified levels
identified for certain positions and their incumbents, the employee's salary in the new
class shall be set in accordance with the section on Salary on Promotion if the employee
is transferring to another class or to a level in a deep class for which the salary is at least
five percent (5%) above the top base step of the deep class level or class in which they
have status currently.
5.13 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system or an employee in the Family and Children’s Service Unit is
required to work in a classification for which the compensation is great er than that to
which the employee is regularly assigned, the employee shall receive compensation for
such work at the rate of pay established for the higher classification pursuant to
Subsection 5.10 - Salary on Promotion of this Memorandum, at the start of the second
full day in the assignment, under the following conditions . Payment shall be made
retroactive after completing the first forty (40) consecutive hours worked in th e higher
classification.
A. When an employee is assigned to a program, service or activity established by
the Board of Supervisors which is reflected in an authorized position which has
been classified and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such that the employee in the
lower classification performs a majority of the duties and responsibilities of the
position of the higher classification.
C. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
D. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher classification
shall not be utilized as a promotional procedure provided in this Memorandum.
E. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
F. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later re -approved for the same employee within
one hundred eighty days (180) no additional waiting period will be required.
G. Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential and hazardous duty differential) accruing to the employee in
his/her permanent position shall continue.
H. During the period of work for higher pay in a higher classification, an employee
will retain his/her permanent classification, and anniversary and salary review
dates will be determined by time in that classification; except that if the period of
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work for higher pay in a higher classification exceeds one year continuous
employment, the employee, upon satisfactory performance in the higher
classification, shall be eligible for a salary review in that class on his/her next
anniversary date. Notwithstanding an y other salary regulations, the salary step
placement of employees appointed to the higher class immediately following
termination of the assignment, shall remain unchanged.
I. Allowable overtime pay, shift differentials and/or work location differentials will be
paid on the basis of the rate of pay for the higher class.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the employee
for the preceding month; provided however, that each employee (except those paid on
an hourly rate) may choose to receive an advance on the employee's monthly salary, in
which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her
warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one -third (1/3) or less (at the option of the
employee) of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive the advance shall be made on the prescribed form (form M -208,
revised 5/81) and submitted by the fifteenth (15th) of the month to the department payroll
clerk who will forward the card with the Salary Advance Transmittal/Deviation Report to
the Auditor-Controller payroll section.
Such an election would be effective in the month of the submission and would remain
effective until revoked.
In the case of an election made pursuant to this Section 5.15 all required or requested
deductions from salary shall be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
5.15 SAL ARIES AND DEFERRED COMPENSATION
Deferred Compensation Plan – Special Benefit for Hires after January 1, 2010:
Commencing April 1, 2010 and for the duration of this Agreement, the County will
contribute one hundred fifty dollars ($150) per month to an employee's account in the
Contra Costa County Deferred Compensation Plan or other designated tax qualified
savings vehicle, for employees who meet all of the following qualifications:
1. The employee was first hired by Contra Costa County on or after January 1,
2010 and,
2. The employee is a permanent full -time or permanent part-time employee
regularly scheduled to work at least 20 hours per week and has been so
employed for at least 90 calendar days ; and,
3. The employee defers a minimum of twenty-five dollars ($25) per month to the
Contra Costa County Deferred Compensation P lan or other designated tax
qualified savings vehicle; and,
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4. The employee has completed, signed and submitted to the Human Resources
Department, Employee Benefits Service Unit the required enrollment form for the
account, e.g. the Enrollment Form 457 (b).
5. The annual maximum contribution as defined under the relevant Internal
Revenue Code provision has not been exceeded for the employee's account for
the calendar year.
Employees who discontinue deferral or who defer less than the amount required by this
provision for a period of one (1) month or more will no longer be eligible to receive the
County contribution. To re-establish eligibility, employees must resume deferring the
amount required by this provision.
No amount deferred by the employee or contrib uted by the County in accordance with
this provision will count towards the “Base Contribution Amount” or the “Monthly Base
Contribution Amount for Maintaining Program Eligibility” required for the County's
Deferred Compensation Incentive in any other provision in this Agreement. No amount
deferred by the employee or contributed by the County in accordance with any other
provision in this Agreement will count toward the minimum required deferral required by
this provision. The County's contribution amount in accordance with this provision will
be in addition to the County contribution amount for which the employee may be eligible
in accordance with any other provision in this contract.
Both the employee deferral and the County contribution to the Contra Costa County
Deferred Compensation Plan under this provision, as well as any amounts deferred or
contributed to the Contra Costa County Deferred Compensation Plan in accordance with
any other provision of this contract , will be added together for the purpo se of ensuring
that the annual Plan maximum contributions as defined under IRS Code Section 457(b),
or other tax qualified designated savings vehicle, are not exceeded.
SECTION 6 – DAYS AND HOURS OF WORK
6.1 Definitions
A. Regular Work Schedule : A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week.
B. Alternate Work Schedule: An alternate work schedule is any work schedule
where an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 9/80, or 4/10 work schedule and where the employe e is not
scheduled to work more than 40 hours in the "workweek" as defined in
Subsections F. and H., below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven
(7) day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four
(44) hours in the next calendar week, but only forty (40) hours in the designated
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workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day.
F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and end s at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule : The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work day
and regularly scheduled 9/80 day off. The start time of the workweek is four (4 )
hours and one (1) minute after the start time of the eight (8) hour workday. The
end time of the workweek is four (4) hours after the eight (8) hour workday start
time. The result is a workweek that is a fixed and regularly recurring period of
seven (7) consecutive twenty-four (24) hour periods (168 hours).
H. Workweek for Twenty-Four Hour (24) Facility Employees: For employees
who work in a twenty-four (24) hour facility in the Health Services Department
and who are not on a 9/80 work schedule, the workweek begins at 12:01 a.m.
Sunday and ends at 12:00 midnight on Saturday.
6.2- 4/10 Shifts If the County wants to eliminate any existing 4/10 shift and
substitute a 5/8 shift or to institute a 4/10 shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change of shift assignment),
or change existing work schedules or existing hours of work, it will meet and
confer with the Union prior to implementing said new shift or hours change. This
obligation does not apply where there is an existing system for reassigning
employees to different shifts or different starting/stopping times. Nothing herein
prohibits affected employees and their supervisor from mutually agreeing on a
change in existing hours of work provided other e mployees are not adversely
impacted.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty (40)
hours per week or eight (8) hours per day. Overtime for 4/10 shift employees is any work
performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall
be compensated for at the rate of one and one -half (1-1/2) times the employee's base
rate of pay (not including shift and other special differentials).
Overtime for permanent employees is earned and credited in a minimum of one -tenth
hour increments and is compensated by either pay or compensatory time off.
7.2 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compens atory time off in lieu of
overtime pay. Eligible employees must notify their Department Head or his or her
designee of their intention to accrue compensatory time off or to receive overtime
pay at least thirty (30) days in advance of the change.
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B. The names of those employees electing to accrue compensatory time off shall be
placed on a list maintained by the Department. Employees who become eligible
(i.e., newly hired employees, employees promoting, demoting, etc.) for
compensatory time off in accordance with these guidelines must elect to accrue
compensatory time or they will be paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one -half (1-1/2)
times the actual authorized overtime hours worked by the employee.
D. Employees may not accrue a compensatory time off balance that exceeds one
hundred twenty (120) hours (i.e., eighty (80) hours at time and one -half). Once
the maximum balance has been attained, authorized overtime hours will be paid
at the overtime rate. If the employee's balance falls below one hundred twenty
(120) hours, the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee's balance again reaches
one hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the next fiscal
year; however, as provided in D above, accrued compensatory time off balances
may not exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be taken when the employee should be replaced
by another employee who would be eligible to receive, for time worked, either
overtime payment or compensatory time accruals as provided for in this Section.
This provision may be waived at the discretion of the Department Head or his or
her designee.
G. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's accrued
compensatory time off balance will be carried forward with the employee.
H. Compensatory time accrual balances will be paid o ff when an employee moves
from one department to another through promotion, demotion or transfer. Said
payoff will be made in accordance with the provisions and salary of the class
from which the employee is promoting, demoting or transferring as set forth in i
below.
I. Since employees accrue compensatory time off at the rate of one and one -half
(1-1/2) hours for each hour of authorized overtime worked, they shall be paid
their accrued hours of compensatory time at the straight time rate of pay
whenever:
1. The employee changes status and is no longer eligible for compensatory
time off.
2. The employee promotes, demotes or transfer to another department.
3. The employee separates from County service.
4. The employee retires.
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J. The Office of the Count y Auditor-Controller will establish timekeeping procedures
to administer this Section.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at the appropriate rate for the
actual time worked plus one (1) hour. Such employee cal led back shall be paid a
minimum of two (2) hours at the appropriate rate for each call back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty during
which an employee is not required to be on County premises, but stand ready to
immediately report for duty and must arrange so that his/her supervisor can reach
him/her on ten (10) minutes notice or less. An employee assigned to on -call time shall
be paid one (1) hour of straight time credit for each four (4) hours of such on-call time
unless otherwise provided in the supplemental sections of this Agreement. Where on -
call arrangements exist, the Department Head shall designate which employees are on -
call unless otherwise provided in the supplemental sectio ns of this Agreement.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees shall receive five percent (5%)
above their base salary rate.
To qualify for shift differential, an employee must have a regularly assigned daily work
schedule which requires:
A. Completion of more than one and one -half (1-1/2) hours over the normal actual
working time; or
B. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m.
inclusive. However, employees who have been regularly working a shift
qualifying for shift differential immediately preceding the commencement of a
vacation, paid sick leave period, paid disability or other paid leave, will have shift
differential included in computing the pay for their leave. The paid leave of an
employee who is on a rotating shift schedule shall include the shift differential
that would have been received had the employee worked the shift for which the
employee was scheduled during such period. Shift differential shall only be paid
during paid sick leave and paid disability as provided above for the first thirty (30)
calendar days of each absence.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
11.1 Workforce Reduction. In the event that funding reductions or short falls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the union and take the following actions:
A. Identify the classification(s) in which position reductions may be required due to
funding reductions or shortfalls.
B. Advise employees in those classifications that position reductions may occur in
their classifications.
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C. Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by p ossible position reductions
when such leaves can be accommodated by the department.
D. Consider employee requests to reduce their position hours from full -time to part-
time to alleviate the impact of the potential layoffs.
E. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs within
the department, as well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operationa l alternative for the
department(s).
F. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team (TET) program to:
1. Maintain an employee skills inventory bank to be used as a basis fo r
referrals to other employment opportunities.
2. Determine if there are other positions to which employees may be
transferred.
3. Refer interested persons to vacancies which occur in other job classes for
which they qualify and can use their layoff elig ibility.
4. Establish workshops to aid laid off employees in areas such as resume
preparation, alternate career counseling, job search strategy, and
interviewing skills.
G. When it appears to the Department Head and/or Labor Relations Manager that
the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify the
Union of the possibility of such layoffs and shall meet and confer with the Union
regarding the implementation of the action.
11.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in
the merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as
the Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in t hat department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full-time employee may displace
an employee in the department having less seniority in the same class
who occupies permanent-intermittent or permanent part-time position, the
least senior employee being displaced first.
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2. In the Same Level or Lower Class. A laid off or displaced employee who
had achieved permanent status in a class at the same or lower salary
level as determined by the salary schedule in effect at the time of layoff
may displace within the department and in the class an employee having
less seniority; the least senior employee being displaced first, and so on
with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part -time employees may displace
only employees holding permanent positions of the same type respec -
tively.
2. A permanent full-time employee may displace any intermittent or part-
time employee with less seniority 1) in the same class as provided in
Section 11.2.C.1 or, 2) in a class of the same or lower salary level as
provided in Section 11.2.C.2 if no full-time employee in a class at the
same or lower salary level has less seniority than the displacing
employees.
3. Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of
a proposed layoff with the written approval of the Human Re sources
Director or designee retain their permanent full -time employee seniority
rights for layoff purposes only and may in a later layoff displace a full -time
employee with less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
the same or higher salary levels as determined b y the salary schedule in effect at
the time of layoff. Employees reallocated or transferred without examination from
one class to another class having a salary within five percent of the former class,
shall carry the seniority accrued in the former class i nto the new class.
Employees reallocated to a new deep class upon its initiation or otherwise
reallocated to a deep class because the duties of the position occupied are
appropriately described in the deep class shall carry into the deep class the
seniority accrued or carried forward in the former class and seniority accrued in
other classes which have been included in the deep clas s.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Per iods of separation may not be
bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a permanent
position within the employee's layoff eligibility. Approved leav es of absence as
provided for in these rules and regulations shall not constitute a period of
separation. In the event of ties in seniority rights in the particular class in
question, such ties shall be broken by length of last continuous permanent
County employment. If there remain ties in seniority rights, such ties shall be
broken by counting total time in the department in permanent employment. Any
remaining ties shall be broken by random selection among the employees
involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid
off, has been displaced, has been demoted by displacement or has voluntarily
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demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or
displacement, the person's name sh all be placed on the Layoff list for the class of
positions from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons
laid off, displaced, or demoted as a result of a layoff or displaceme nt, or who
have voluntarily demoted or transferred in lieu of layoff or displacement. Names
shall be listed in order of layoff seniority in the class from which laid off, displaced
demoted, or transferred on the date of layoff, the most senior person liste d first.
In case of ties in seniority, the seniority rules shall apply except that where there
is a class seniority tie between persons laid off from different departments, the
tie(s) shall be broken by length of last continuous permanent County employment
with remaining ties broken by random selection among the employees involved.
H. Duration of Layoff & Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two
(2) years. Persons placed on layoff lists shall continue on the appropriate list for
a period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of
person(s) laid off, displaced or demoted by displacement or voluntarily dem oted
in lieu of layoff or displacement or transferred in lieu of layoff or displacement.
When a request for personnel is received from the appointing authority of a
department from which an eligible(s) was laid off, the appointing authority shall
receive and appoint the eligible highest on the layoff list from the department.
When a request for personnel is received from a department from which an
eligible(s) was not laid off, the appointing authority shall receive and appoint the
eligible highest on the layoff list who shall be subject to a probationary period. A
person employed from a layoff list shall be appointed at the same step of the
salary range the employee held on the day of layoff.
J. Removal of Names from Layoff Lists. The Human Resources Director may
remove the name of any eligible from a layoff list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class.
4. If three (3) offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible. A single
offer is defined as an offer of all the permanent positions that are
available at that time. A rejection of all of those offered positions
constitutes a single declination.
5. If the eligible fails to respond to the Human Resources Director or the
appointing authority within ten (10) days to written notice of certification
mailed to the person's last known address.
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If the person on the reemployment or layoff list is appointed to another
position in the same or lower classification, the name of the person shall
be removed. However, if the first permanent appointment of a person on
a layoff list is to a lower class which has a top step salary lower than the
top step of the class from which the person was laid off, the name of the
person shall not be removed from the layoff list.
K. Removal of Names from Reemployment and Layoff Certifications. The Human
Resources Director may remove the name of any eligible from a reemployment
or layoff certification if the eligible fails to respond within five (5) days to a written
notice of certification mailed to the person's last known address.
11.3 Notice. The County will give employees scheduled for layoff at least ten (10)
work days notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a Tactical Employment
Team (TET) employment pool which will include the names of all laid off County
employees. The names of employees who remain County employees but w ho have
been displaced or who have demoted as a result of a layoff or displacement, or who
have voluntarily demoted or transferred in lieu of layoff or displacement will also be
included in the TET employment pool. Special employment lists for job classes may be
established from the pool. Persons placed on a special employment list must meet the
minimum qualifications for the class. An appointment from such a list will not affect the
individual's status on a layoff list(s). The name of any person included i n the TET
employment pool shall continue to be in the pool for a period of four (4) years, unless the
employee’s name is removed from the layoff list, which will cause the employee’s name
to be removed from the TET pool as well.
Employees in the TET employment pool shall be guaranteed a job interview for any
vacant funded position for which they meet minimum qualifications . If there are more
than five such employees who express an interest for one vacant funded position, the
five most senior employees sha ll be interviewed. Seniority for this subsection shall be
County seniority.
11.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full-time to part-time or intermittent status in a layoff, or who
voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a
position of another status than that from which they were laid off upon referral from the
layoff list, may request reassignment back to their pre -layoff status (full time or part-time
or increased hours). The request must be in writing in accord with each department's
reassignment bid or selection process. Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back to their former status at the tim e of
the workforce reduction. The most senior laid off employee in this status who requests
such a reassignment will be selected for the vacancy; except when a more senior laid off
individual remains on the layoff list and has not been appointed back to th e class from
which laid off, a referral from the layoff list will be made to fill the vacancy.
11.6 Special Layoff Provisions.
A. Prior to the layoff of permanent full time employee(s) in any classification of a
department, the department will release the same number of temporary
employees in that classification and department as the number of permanent
employees identified for layoff.
B. Effective January 1, 2010, employees may transfer, in lieu of layoff and without
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exhausting their displacement rights within their original department, to a position
in another department, in the same classification (job code), only if the position in
the other department is vacant, funded, already been granted a waiver from a
hiring freeze, if any, and a personnel request p ursuant to Part 7 of the Personnel
Management Regulations to fill that position has been submitted to the Human
Resources Department.
C. Effective January 1, 2010, employees who are laid off and who meet the criteria
set forth in subsections 1 through 4, below, may utilize 75% of their seniority to
displace the employee having less seniority in the same class in a different
department, the least senior employee being displaced first, and so on.
1. The laid off employee must hold a position in one of the f ollowing
classifications:
Job Code
Cook 1KWA
Lead Cook 1KTA
Custodian GK7A, GKWB
Clerk Specialist JWXD
Clerk Senior JWXC
Clerk Experienced JWXB
Clerk Beginning JWXA, JWXE
Driver Clerk 9QWA
Eligibility Work Specialist XHTB
2. The laid off employee must first exhaust all displacement rights in the
employee’s department.
3. The laid off employee must have at least four (4) years of seniority in
his/her current classification.
4. The laid off employee must meet any additional requirements of the
position in the new department, e.g. pass a background investigation or
possess a license or certification.
D. The displacement process set forth in Section 11.6 .C will be implemented in
accordance with Section 11.2.C and D.
E. A reduction in hours does not constitute a layoff for purposes of subsection C of
Section 11.6.
F. In the event of ties in seniority rights, such ties will be broken by length of last
continuous permanent County employment. If there remain ties in seniority, such
ties will be broken by random selection among the employees involved.
G. Each employee who exercises his/her rights set forth in subsections B. and C. of
Section 11.6 must serve a 90 -day probationary period in the new department.
Any employee who fails to successfully complete this probationary period will be
placed on the layoff list for their original displacement class.
The provisions of Section 11.6 expire on June 29, 2013.
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SECTION 12 HOLIDAYS
12.1 Holidays Observed . The County will observe the following holidays:
A. January 1st, known as New Year's Day
3rd Monday in January known as Dr. M. L. King, Jr. Day
3rd Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
4th Thursday in November, known as Thanksgiving
The day after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holida ys.
B. Effective January 1, 2012, each full -time employee will accrue four (4) hours of
personal holiday credit per month. Such personal holiday time may be taken in
increments of one-tenth hour (6 minutes), and preference of personal holidays
will be given to employees according to their seniority in their department as
reasonably as possible. No employee may accrue more than forty (40) hours of
personal holiday credit. On separation from County service, an employee will be
paid for any unused personal ho liday credits at the employee’s then current pay
rate.
C. Effective January 1, 2012, employees who work in twenty-four (24) hour facilities
will, in addition to those holidays specified in Section 12.1A, observe Admission
day on September 9, Columbus Day on the second Monday in October, and
Lincoln's Day on February 12 as holidays, but will not accrue the four (4) hours
per month of personal holiday credit referenced in Section 12.1.B above, but will
accrue two (2) hours per month of personal holiday cred it. No employee may
accrue more than forty (40) hours of personal holiday credit. On separation from
County service, an employee will be paid for any unused personal holiday credits
at the employee's then current pay rate.
12.2- Holiday is Not Worked
A. Holidays Observed – Full time Employees: Full time employees on regular, 4/10,
9/80, flexible, and alternate work schedules are entitled to observe a holiday
(eight (8) hours off), without a reduction in pay, whenever a holiday is observed
by the County. Any holiday observed by the County that falls on a Saturday is
observed on the preceding Friday and any holiday that falls on a Sunday is
observed on the following Monday.
For employees who work in twenty-four (24) hour facilities and are assigned to
rotating shifts, any holiday that falls on a Saturday will be observed on a
Saturday, and any holiday that falls on a Sunday will be observed on a Sunday.
B. Holiday Observed in Excess of Eight (8) hours : When a holiday falls on an
employee’s regularly scheduled workday, the employee is entitled to only eight
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(8) hours off without a reduction in pay. If the workday is a nine (9) hour day, the
employee must use on one (1) hour of non -sick leave accruals. If the workday is
a ten (10) hour day, the employee must use two (2) hours of non -sick leave
accruals. If the employee does not have any non -sick leave accrual balances,
leave without pay (AWOP) will be authorized.
C. Holidays Observed – Part time Employees: Part time employees on regular,
4/10, 9/80, flexible, and alternate work schedules are entitled to observe a
holiday in the same ratio as the number of hours the part time employee’s weekly
schedule bears to forty (40) hours, without a reduction in pay, whenever a
holiday is observed by the County.
D. Holiday on Regular Day Off of Full-Time Employees on 4/10, 9/80, Flexible, and
Alternate Work Schedules: When a holiday is observed by the County on the
regularly scheduled day off of a full -time employee who is on a 4/10, 9/80,
flexible, or alternate work schedule, the employee is entitled to take eight (8)
hours off, without a reduction in pay, in recognition of the holiday. The employee
is also entitled to receive eight (8) hours flexible compensatory time or pay at the
rate of 1.0 times his/her base rate of pay in recognition of his/her regularly
scheduled day off.
Those employees covered by this subsection who before March 1, 2010, moved
a holiday that fell on a scheduled day off to the work day preceding or following
the holiday, will be given priority for request for time off on the day they would
have observed the holiday over other requests for time off. This priority treatment
does not apply to scheduled and approved vacation requests already granted to
other employees. Further, the County retains the right to determine the
maximum number of employees who may take time off work at the same time.
12.3 – Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day of
Full-Time Employees on Regular, 4/10, 9/80, Flexible, and Altern ate Work
Schedules:
A. Holiday Worked by Full-Time Employees on Regular, 4/10, 9/80, Flexible, and
Alternate Work Schedules (holiday falls on employee’s regularly scheduled work
day): When a full-time employee works on a holiday that falls on the employee’s
regularly scheduled work day, the employee is entitled to receive his/her regular
salary. The employee is also entitled to receive holiday pay at the rate of one
and one half (1.5) times his/her base rate of pay (not including differentials) or
holiday compensation time at the same rate, for all hours worked up to a
maximum of eight (8) hours. The employee is also entitled to receive overtime
pay or overtime compensation time at the rate of one and one half (1.5) times
his/her base rate of pay (not including differentials) for all hours worked on the
holiday beyond eight hours, but only if the employee was required to work on the
holiday due to an emergency, except as provided in Section 7.1 above. This
provision applies to the regular, 4/10, 9/80, flexib le, and alternate work
schedules.
12.4 – Holiday is Worked and Holiday Falls on Regularly Scheduled Day Off of
Full-Time Employees on 4/10, 9/80, Flexible, and Alternate Work Schedules:
A. Holiday Worked by Full-Time Employees on 4/10, 9/80, Flexible, and A lternate
Work Schedules (holiday falls on employee’s regularly scheduled day off): When
a full-time employee works on a holiday that falls on the employee’s regularly
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scheduled day off, the employee is entitled to receive his/her regular salary. The
employee is also entitled to receive overtime pay at the rate of one and one half
(1.5) times his/her base rate of pay (not including differentials) or compensation
time at the same rate for all hours worked on the holiday. The employee is also
entitled to receive eight (8) hours of flexible compensatory time or pay, at the rate
of 1.0 times his/her base rate of pay, in recognition of his/her scheduled day off.
This provision applies to employees on 4/10, 9/80, flexible, and alternate work
schedules.
B. See Section 12.3 A. when an employee on a regular work schedule works on a
holiday.
12.5 - Holiday and Compensatory Time Provisions
A. Maximum Accruals of Holiday Comp Time: Holiday compensatory time may not
be accumulated in excess of two hundred eighty-eight (288) hours. After two
hundred eighty-eight (288) hours are accrued by an employee, the employee will
receive holiday pay at the rate of one and one half (1.5) times his/her base rate
of pay. Holiday compensatory time may be taken at those dates and t imes
determined by mutual agreement of the employee and the Department Head or
designee.
B. Pay Off of Holiday Comp Time: Holiday compensatory time will be paid off only
upon a change in status. A change in status includes separation, transfer to
another department, reassignment to a permanent-intermittent position, or
transfer, assignment, or promotion or demotion into a position that is not eligible
for holiday compensatory time.
C. Maximum Accruals of Flexible Compensatory Time : Flexible compensatory time
may not be accumulated in excess of two hundred eighty -eight (288) hours.
After two hundred eighty-eight (288) hours are accrued by an employee, the
employee will receive flexible pay at the rate of 1.0 times his/her base rate of
pay. Flexible compensatory time may be taken on those dates and times
determined by mutual agreement of the employee and the Department Head or
designee.
D. Pay Off of Flexible Comp Time: Flexible compensatory time will be paid off only
upon a change in status. A change in status includes separation, transfer to
another department, reassignment to a permanent -intermittent position, or
transfer assignment, or promotion or demotion into a position that is not eligible
for flexible compensatory time.
12.6 – Holidays for Full Time Employees who Work in Twenty-Four (24) Hour
Facilities AND who do NOT Accrue Four (4) Hours per Month of Personal Holiday
Credit:
A. All of the provisions of Section 12 apply to all of the full time employees who work in
twenty-four (24) hour facilities, who do not accrue four (4) hours per month of personal
holiday credit.
B. Additionally, when a holiday falls on the regularly scheduled day off of a full -time
employee who works in a twenty-four (24) hour facility AND who does not accrue four (4)
hours per month of personal holiday credit, the employee’s regularly scheduled day off
moves to the employee’s next scheduled work day.
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1. Employee Works on his/her Next Scheduled Work Day Following the Holiday :
When a full time employee works on his/her next scheduled work day following
the holiday, the employee is entitled to receive his/her regular salary. The
employee is also entitled to receive overtime pay at the rate of one and one half
(1.5) times his/her base rate of pay (not including differ entials) or compensation
time at the same rate for all hours worked on that day.
2. Employee does NOT work on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee does NOT work on his/her next scheduled
work day following the holiday, the employee is entitled to the day off, without a
reduction in pay, in recognition of his/her regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or not work
on the next scheduled work day following a holiday.
12.7 – Provisions for Part-Time Employees and Permanent -Intermittent Employees
– Re-opener: The parties will reopen the provisions of Section 12 of this Memorandum
of Understanding for the limited purpose of meeting and conferring to ensure c onsistent
practices across departments regarding part time employees and permanent intermittent
employees.
12.8 – Automated Time Keeping: The Union will continue to meet and confer with the
County regarding implementation of an Automated Time Keeping sy stem for all County
employees.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a permanent position. Increased
accruals begin on the first of the month following the month in which the employee
qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour
calculated on the same bas is as for partial month compensation pursuant to Section 5.8
of this MOU. Vacation credits may be taken in one -tenth hour (six minute) increments
but may not be taken during the first six (6) months of employment (not necessarily
synonymous with probationary status) except where sick leave has been exhausted; and
none shall be allowed in excess of actual accrual at the time vacation is taken.
13.2 Vacation Leave on Reemployment From a Layoff List. Employees with six
months or more service in a permanent position prior to their layoff who are employed
from a layoff list, shall be considered as having completed six months tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate payroll system override actions can be taken.
13.3 Vacation Accrual Rates. For employees hired into a class in any bargaining
unit covered by this MOU prior to September 1, 1979 the rates at which vacation credits
accrue and the maximum accumulation thereof are as follows:
Monthly Maximum
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Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees hired into a class of one of the following bargaining units on or after
September 1, 1979 the rates at which vacation credits accrue, and the maximum
accumulation thereof, are as follows: Agriculture/Animal Services, Building Trades,
Engineering, General Services & Maintenance, and Probation Units.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
A. Vacation Accrual Increases for Employees Hired on and before June 30, 2009:
Employees with a first of the month Service Award Date: Each employee with a Service
Award Date that is on the first day of a month is eligible to accrue increased vacation
hours on his/her Service Award Date.
Example:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reaches 20 years of service on January 1, 2008.
3. January 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s February 10,
2008 pay warrant.
Employees NOT with a first of the month Service Award Date: Each employee whose
Service Award Date is NOT on the first day of a month is eligible to accrue increased
vacation hours on the first day of the month following the employee's Service Award
Date.
Example Two:
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1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s April 10, 2007
pay warrant.
B. Vacation Accrual Increases for Employees Hired on and after July 1, 2009:
Each employee hired on and after July 1, 2009 is eligible to accrue increased vacation
hours on the first day of the month following the employee's Service Award Date.
Example One:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reached 20 years of service on January 1, 2008.
C. February 1, 2008 is the date on which the employee is eligibl e to begin accruing
16.66 hours of vacation time each month.
D. The increased vacation hours will appear on the employee’s March 10, 2008, pay
warrant.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years o f service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s April 10, 2007, pay
warrant.
C. Service Award Date Defined: An employee’s Service Award Date is the first day of
his/her temporary, provisional, or permanent appointment to a position in the County. If
an employee is first appointed to a temporary or provisional position and then later
appointed to a permanent position, the Service Award Date for that employee is the date
of the first day of the temporary or provisional appointment. .
13.4 Bridged Service Time. Employees who are rehired and have their service
bridged in accordance with the pro visions of this MOU shall accrue vacation in
accordance with the accrual formula for employees hired after September 1, 1979.
However, prior service time which has been bridged shall count toward longevity
accrual.
13.5 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or unpaid military leave shall accrue any vacation credit during the
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time of such leave, nor shall an employee who is absent without pay accrue vacation
credit during the absence.
13.6 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
13.7 Vacation Preference. Use of vacation accruals is by mutual agreement
between the employee and the supervisor and preference of vacation shall be given to
employees according to their seniority in their department as reasonably as possible
unless otherwise provided in the supplemental sections of this Agreement.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or injury.
It is a benefit extended by the County and may be used only as authorized; it is not paid
time off which employees may use for personal activities.
14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as prescribed
by County Salary Regulations and Memoranda of Understanding. Employees who work
a portion of a month are entitled to a pro rata share of the monthly sick leave credit
computed on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-tenth
hour (6 minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave
credits shall be canceled, unless the separation results from layoff, in which case the
accumulated credits shall be restored if reemployed in a permanent position within the
period of layoff eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions
apply:
"Immediate Family" means and includes only the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-
in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle,
cousin, stepbrother, or stepsister, or domestic partner of an employee and/or
includes any other person for whom the empl oyee is the legal guardian or
conservator, or any person who is claimed as a "dependent" for IRS reporting
purposes by the employee.
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"Employee" means any person employed by Contra Costa County in an allocated
position in the County service.
"Paid Sick Leave Credits" means those sick leave credits provided for by County
Salary Regulations and Memoranda of Understanding.
"Condition/Reason". With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is
requested or verified, a brief statement in non -technical terms from the employee
regarding inability to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
B. Permanent Disability Sick Leave. Permanent disability means the employee
suffers from a disabling physical injury or illness and is thereby prevented from
engaging in any County occupation for which the employee is qualified by reason
of education, training or experience. Sick leav e may be used by permanently
disabled employees until all accruals of the employee have been exhausted or
until the employee is retired by the Retirement Board, subject to the following
conditions:
1. An application for retirement due to disability has be en filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave for
permanent disability.
3. The appointing authority may review medical evid ence and order further
examination as deemed necessary, and may terminate use of sick leave
when such further examination demonstrates that the employee is not
disabled, or when the appointing authority determines that the medical
evidence submitted by the employee is insufficient, or where the above
conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain secluded due to exposure to a communicable
disease.
D. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is
caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or
recovery therefrom, shall be allowed to utilize sick leave credit to the maximum
accrued by such employee during the period of such disability under the
conditions set forth below:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability from
the employee's attending physician. The stat ement 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
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the commencement of the disability as well as the date the physician
anticipates the disability to terminate.
2. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work or that
her general health is impaired due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or recovery there from the
employee shall be required to undergo a physical examination by a
physician selected by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the empl oyee for
the duration of the disability.
3. Except as set forth in Section 14.3 H Baby/Child Bonding, sick leave may
not be utilized after the employee has been released from the hospital
unless the employee has provided the County with a written statemen t
from her attending physician stating that her disability continues and the
projected dates of the employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1. For working time used in keeping medical and dental appointments for
the employee's own care; and
2. For working time used by an employee for pre -scheduled medical and
dental appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
G. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family or of
the employee’s domestic partner, but this shall not exceed three (3) working
days, plus up to two (2) days of work time for necessary travel. Use of additional
accruals including sick leave when appropriate may be authorized in conjunction
with the bereavement leave at the discretion of the appointing authority.
H. Baby/Child Bonding. Upon the birth or adoption of a child, an employee eligible
for baby-bonding leave pursuant to the California Family Rights Act may use sick
leave credits for such baby-bonding leave.
I. Accumulated paid sick leave credits may not be used in the following situations:
1. Vacation. Paid sick leave credits may not be used for an employee's
illness or injury which occurs while he/she is on vacation but the County
Administrator may authorize it when extenuating circumstances exist and
the appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but is
not in pay status.
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14.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. Unless otherwise provided in
the supplemental sections of this MOU, the following procedures apply:
A. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence
prior to the commencement of their work shift or as soon thereafter as
possible. Notification shall include the reason and possible duration of the
absence.
2. Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre -arranged personal or family
medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific locations and/or persons the
department may contact to verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied if
these procedures are not followed. Abuse of s ick leave on the part of the
employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the sick
leave claim. The department head or designee may make reasonable inquiries
about employee absences. The department may require medical verification for
an absence of three (3) or more working days. The department may also require
medical verification for absences of less than three (3) working days for probable
cause if the employee had been notified in advance in writing that such
verification was necessary. Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification was
not made in accordance with departmental sick leave call -in guidelines.
These inquiries shall be subject to any restrictions imposed by the
employee under Section 14.4.a.
2. Obtaining the employee's signature on the Absence/Overtime Record, or
on another form established for that purpose, as employee certification of
the legitimacy of the claim.
3. Obtaining the employee's written statement of explanation regarding the
sick leave claim.
4. Requiring the employee to obtain a physician's certificate or verificatio n of
the employee's illness, date(s) the employee was incapacitated, and the
employee's ability to return to work, as specified above.
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5. In absences of an extended nature, requiring the employee to obtain from
their physician a statement of progress and anticipated date on which the
employee will be able to return to work, as specified above.
Department heads are responsible for establishing timekeeping
procedures which will insure the submission of a time card covering each
employee absence and for operating their respective offices in
accordance with these policies and with clarifying regulations issued by
the Office of the County Administrator.
To help assure uniform policy application, the Director of Human
Resources or designated management staff of the County Human
Resources Department should be contacted with respect to sick leave
determinations about which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of 1937. An appointing authority after giving notice may place
an employee on leave if the appointing authority has filed an application for
disability retirement for the employee, or whom the appointing authority believes
to be temporarily or permanently physically or mentally incapacitated for the
performance of the employee’s duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employees, or the public, or which impair
the employee's performance of duty, may order the employee to undergo at
County expense and on the employe es paid time a physical, medical
examination by a licensed physician and/or a psychiatric examination by a
licensed physician or psychologist, and receive a report of the findings on such
examination. If the examining physician or psychologist recommends t hat
treatment for physical or mental health problems, including leave, are in the best
interests of the employee or the County in relation to the employee overcoming
any disability and/or performing his or her duties the appointing authority may
direct the employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Director of Human Resources
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two weeks in duration, the
appointing authority may order the employee to undergo at County expense a
physical, medical, and/or psychiatric examination by a licensed physician, and
may consider a report of the findings on such exam ination. If the report shows
that such employee is physically or mentally incapacitated for the performance of
duty, the appointing authority may take such action as he/she deems necessary
in accordance with appropriate provisions of this MOU.
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E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (a) or (b) above, the employee
shall be given notice of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified mail, containing the following:
1. A statement of the leave of absence or suspension proposed.
2. The proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition ha s been
attained by the employee.
3. A statement of the basis upon which the action is being taken.
4. A statement that the employee may review the materials upon which the
action is taken.
5. A statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice) to
respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in
writing may place the employee on a temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven
(7) work days to respond to the appointing authority either orally or in writing
before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the order to
the employee either personally or by mail, effective either upon personal delivery
or deposit in the US Postal Service.
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
order, appeal the order in writing through the Human Resources Director to the
Merit Board. Alternatively, the employee may file a written election with the
Human Resources Director waiving the employee's right to appeal to the Merit
Board in favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1. The physical or mental health condition cited by the appointing a uthority
does not exist, or
2. The physical or mental health condition does exist, but it is not sufficient
to prevent, preclude, or impair the employee's performance of duty, or is
not sufficient to endanger the health or safety of the employee, other
employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by
the Human Resources Director to the Merit Board for hearing under the Merit
Board's Procedures, Section 1114 -1128 inclusive. Medical reports subm itted in
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evidence in such hearings shall remain confidential information and shall not be a
part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and the
employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2. The arbitrator may make his decision based only on evidence submitted
by the County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any period
of leave of absence or suspension if the leave or suspension is found not
to be sustainable, subject to the employee's duty to mitigate damages.
4. The arbitrator's fees and expenses shall be paid one -half by the County
and one-half by the employee or employee's union.
14.6 Workers' Compensation. A permanent non-safety employee shall continue to
receive the appropriate percent of regular monthly salary for all accepted claims filed
before January 1, 2000, during any period of compensable temporary disability absence
not to exceed one year. For all accepted claims filed with the County on or after January
1, 2000, the percentage of pay for employees entitled to Workers’ Compensation shall
be decreased from 87% to 86%. For all accepted claims filed with the County on or after
January 1, 2007, the percentage of pay for employees entitled to Workers’
Compensation shall be decreased from 86% to 80%. For all accepted claims filed with
the County on or after January 1, 2008, the percentage of pay for employees entitled to
Workers’ Compensation shall be decreased from 80% to 75%. If Workers’
Compensation becomes taxable, the County agrees to restore the original benefit level
(100% of monthly salary) and the parties shall meet and confer with respect to funding
the increased cost.
A. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses any time on the
day of injury, that day counts as day one (1) of the waiting period. If the injured
worker does not lose time on the date of injury, the waiting period will be the first
three (3) calendar days the employee does not work as a result of the injury. The
time the employee is scheduled to work during this waiting period will be charged
to the employee's sick leave and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the disability exceeds fourteen
(14) days.
B. Continuing Pay. A permanent employee shall receive the appropriate percentage
as outlined above of regular monthly salary during any period of compensable
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temporary disability not to exceed one (1) year. Payment of continuing pay
and/or temporary disability compensation is made in accordance with Part 2,
Article 3 of the Workers’ Compensation Laws of California. "Compensable
temporary disability absence" for the purpose of this Section, is any absence due
to work connected disability which qualifies for temporary disability compensa tion
as set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California.
When any disability becomes medically permanent and stationary and/or reaches
maximum medical improvement, the salary provided by this Section shall
terminate. No charge shall be made against sick leave or vacation for these
salary payments. Sick leave and vacation rights shall not accrue for those
periods during which continuing pay is received.
Employees shall be entitled to a maximum of one (1) year of continuing pay
benefits
C. Continuing pay begins at the same time that temporary Workers' Compensation
benefits commence and continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical improvement , or until
one (1) year of continuing pay, whichever comes first provided the employee
remains in an active employed status. Continuing pay is automatically terminated
on the date an employee is separated from County service by resignation,
retirement, layoff, or the employee is no longer employed by the County. In these
instances, employees will be paid Workers’ Compensation benefits as prescribed
by Workers’ Compensation laws. All continuing pay will be cleared through the
County Administrator’s Office, Risk Management Divis ion.
Whenever an employee who has been injured on the job and has returned to
work is required by an attending physician to leave work for treat ment during
working hours the employee shall be allowed time off up to three (3) hours for
such treatment without loss of pay or benefits, provided the employee notifies
his/her supervisor of the appointment at least three (3) working days prior to the
appointment or as soon as the employee becomes aware the appointment has
been made. Said visits are to be sched uled contiguous to either the beginning or
end of the scheduled work day whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the County as work related.
D. If an injured employee remains eligible for temporary d isability beyond one year,
applicable salary will continue by integrating sick leave and/or vacation accruals
with Workers' Compensation benefits (vacation charges to be approved by the
department and the employee). If salary integration is no longer avail able,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benef its and whose disability is
medically permanent and stationary and/or reaches maximum medical
improvement, will continue to receive salary by integrating sick leave and/or
vacation accruals with Workers' Compensation rehabilitation temporary disability
benefits until those accruals are exhausted. Thereafter, the rehabilitation
temporary disability benefits will be paid directly to the employee.
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F. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
G. Method of Integration. An employee's sick leave and/or vacation charges shall
be calculated as follows:
C = 8 [1 - (W S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
For example:
W = $960 per month Workers' Compensation
S = $1667 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 [1 - ($960 $1,667)]
C = 8 [1 - (.5758)]
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Compensation
14.7 Rehabilitation Program. On May 26, 1981, the Board of Supervisors
established a Labor-Management Committee to administer a rehabilitation program for
disabled employees. It is understood that the benefits specified above in this Section 14
shall be coordinated with the rehabilitation program as determined by the Labor -
Management Committee. The Rehabi litation Committee will meet within sixty (60) days
of ratification of this MOU. The County will schedule committee meetings on a quarterly
basis.
14.8 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid m ilitary leave shall accrue any sick leave credits during
the time of such leave nor shall an employee who is absent without pay accrue sick
leave credits during the absence.
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. The County Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of
the employee or family member. The program establis hes and maintains a Countywide
bank wherein any employee who wishes to contribute may authorize that a portion of
his/her accrued vacation, compensatory time, holiday compensatory time or floating
holiday be deducted from those account(s) and credited to t he Catastrophic Leave Bank.
Employees may donate hours either to a specific eligible employee or to the bank. Upon
approval, credits from the Catastrophic Leave Bank may be transferred to a requesting
employee's sick leave account so that employee may rema in in paid status for a longer
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period of time, thus partially ameliorating the financial impact of the illness, injury, or
condition.
Catastrophic illness or injury is defined as a critical medical condition, a long -term major
physical impairment or disab ility which manifests itself during employment.
15.2 Operation. The plan will be administered under the direction of the Director of
Human Resources. The Human Resources Department will be responsible for receiving
and recording all donations of accruals and for initiating transfer of credits from the bank
to the recipient's sick leave account. Disbursement of accruals will be subject to the
approval of a six (6) member committee composed of three (3) members appointed by
the County Administrator and thre e (3) members appointed by the majority
representative employee organizations. The committee shall meet as necessary to
consider all requests for credits and shall make determinations as to the appropriateness
of the request. The committee shall determine the amount of accruals to be awarded for
employees whose donations are non -specific. Consideration of all requests by the
committee will be on an anonymous requester basis.
Hours transferred from the Catastrophic Leave Bank to a recipient will be in the f orm of
sick leave accruals and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must have permanent status, must have
exhausted all time off accruals to a level below eight (8) hours total, have applied for a
medical leave of absence and have medical verification of need.
Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less than four
(4) hours per donation from balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time accounts. Employees who elect to
donate to a specific individual shall have seventy -five percent (75%) of their donation
credited to the individual a nd twenty-five percent (25%) credited to the Catastrophic
Leave Bank.
Time donated will be converted to a dollar value and the dollar value will be converted
back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All computations will be on a standard
173.33 basis, except that employees on other than a forty (40) hour week will have
hours prorated according to their status.
Any recipient will be limited to a total of one thous and forty (1040) hours or its equivalent
per catastrophic event; each donor will be limited to one hundred twenty (120) hours per
calendar year.
No element of this plan is grievable. All appeals from either a donor or recipient will be
resolved on a final basis by the Director of Human Resources.
No employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awar ded benefits. Benefits may be denied, or
awarded for less than six (6) months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose from among eligible applicants,
on an anonymous basis, those who will receive benefits, except for hours donated to a
specific employee. In the event a donation is made to a specific employee and the
committee determines the employee does not meet the Catastrophic Leave Bank
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criteria, the donating employee may authorize the h ours to be donated to the bank or
returned to the donor’s account. The donating employee will have fourteen (14) calendar
days from notification to submit his/her decision regarding the status of their donation, or
the hours will be irrevocably transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to the Catastrophic Leave
Bank.
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
16.1 General Provisions. The California SDI program provides disability benefits
beginning on the eighth (8th) calendar day of a qualifying disability unless the employee
is hospitalized. Upon hospitalization, benefits can be payable from the first day of the
disability. If the disability exceeds fourteen (14) calendar days, benefits c an be payable
from the first day of the disability. The maximum period of state disability payments is up
to one (1) year. Determination of SDI payments and eligibility to receive payments is at
the sole discretion of the State of California.
Integration means that employees will be required to use sick leave accruals to
supplement the difference between the amount of the SDI payment and the employee's
base monthly salary. Integration of sick leave with the SDI benefit is automatic and
cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI,
the department will make appropriate integration adjustments, including retroactive
adjustments if necessary. Employees must inform their department of hospitalization in a
timely manner in order for the department to make appropriate integration adjustments.
State Disability benefit payments will be sent directly to the employees at their home
address by the State of California.
When there are insufficient sick leave accruals available to fully supplement the
difference between the SDI payment and the employee's base monthly salary, accruals
other than sick leave may be used. These accruals may be used only to the extent that
total payments do not exceed the employee's base monthly salar y.
16.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual usage
with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the department shall automatically use 0.1 hour of sick leave
per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration with the SDI benefit
terminates. An employee may use any other accruals without reference to or integration
with the SDI benefit.
When the SDI benefit is exhausted, sick leave integration terminates. Then the
employee may use sick leave or other accruals.
Employees with no sick leave balance at the beginning of the disability integration period
may use any other accruals without reference to or integration with the SDI benefit.
Employees whose SDI claims are denied must present a copy of thei r claim denial to
their department. The department will then authorize use of unused sick leave and shall
authorize the use of other accruals as appropriate.
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Employees may contact the Human Resources Department, Benefits Division, for
assistance in resol ving problems.
16.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick
leave, the employee's sick leave accrual charges while receiving SDI benefits shall be
calculated each month.
The amount of sick leave charged each employee will be calculated in the following
manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to
the daily hours in the employee's schedule and that number of sick leave hours will be
charged against the employee's sick leave accruals.
For purposes of integration with the SDI program, all full -time employees' schedules will
be converted to 8-hour/5-day weekly work schedules during the period of integration.
The formula for full-time employees' sick leave integration charges is shown below:
L = [(S-D) S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Est. Monthly SDI Benefit [D = (W 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees, and those full -time employees
working a light/limited duty reduced schedule program shall have their sick leave
integration adjusted accordingly.
16.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is
defined as the salary amount for the employee's step on the salary schedule for the
employee's permanent classification as shown in the "Salary" field on the O n-Line
Payroll Time Reporting System used by departments for payroll reporting purposes.
SECTION 17 - LEAVE OF ABSENCE
17.1 Leave Without Pay. Any employee who has permanent status may be granted
a leave of absence without pay upon written request, appro ved by the appointing
authority; provided, however, that leaves for pregnancy, pregnancy disability, serious
health conditions, and family care shall be granted in accordance with applicable state
and federal law.
17.2 General Administration - Leaves of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness or disability.
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2. Pregnancy.
3. Parental.
4. To take a course of study such as will increase the employee's usefulness
on return to the position.
5. For other reasons or circumstances acceptable to the appointing
authority.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave fo r additional periods. The procedure
in granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
D. Nevertheless, a leave of absence for the employee's serious health condition or
for family care (FMLA) shall be granted to an employee who so requests it for up
to eighteen (18) weeks during a “rolling” twelve (12) month period measured
backward from the date an employee uses his/her FMLA leave in accordance
with Section 17.5 below.
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 prompt ly of such
return.
F. Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, or serious health condition, the decision of the appointing
authority on granting or denying a leave or early return from leave shall be
subject to appeal to the Director of Human Resources and not subject to appeal
through the grievance procedure set forth in this MOU.
17.3 Furlough Days Without Pay (VTO). Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without pay
(pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for
any one period. Longer pre -authorized absences without pay are considered leaves of
absence without pay. Employees who take furlough time shall have their c ompensation
for the portion of the month worked computed in accord with Section 5.8 (Compensation
for Portion of Month) of this MOU. Full-time and part-time employees who take furlough
time shall have their vacation, sick leave, floating holiday, and any o ther payroll
computed accruals computed as though they had worked the furlough time. When
computing vacation, sick leave, floating holiday and other accrual credits for employees
taking furlough time, this provision shall supersede Section 12.1, 13.1, 13.3 , 14.2 and
14.8 of this MOU regarding the computation of vacation, sick leave, floating holiday, and
other accrual credits as regards furlough time only. For payroll purposes, furlough time
(absence without pay with prior authorization of the appointing au thority) shall be
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reported separately from other absences without pay to the Auditor -Controller. The
existing VTO program shall be continued for the life of the contract.
17.4 Military Leave. Any employee who is ordered to serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the period of such service, plus
ninety (90) days. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of emergency shall be granted a leave of absence in
accordance with applicable state or federal laws. Upon the termination of such service
or upon honorable discharge, the employee shall be entitled to return to his/her position
in the classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adju stments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
17.5 Family Care Leave or Medical Leave. Upon request to the appointing
authority, in a “rolling” twelve (12) month period measured backward from the date the
employee uses his/her FMLA leave, any employee who has permanent status shall be
entitled to at least eighteen (18) weeks leave (less if so requested by the employee) for:
A. Medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position;
or
B. Family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness or
health condition of a child, parent, spouse, or domestic partner of the employee.
17.6 Certification. The employee may be asked to provide certification of the need
for family care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
17.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in
broken periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations surrounding the
request for leave. The eighteen (18) weeks may include use of appropriate available
paid leave accruals when accruals are used to maintain pay status, but use of such
accruals is not required beyond that specified in Section 17.12 below. When paid leave
accruals are used for a medical or family ca re leave, such time shall be counted as a
part of the eighteen (18) week entitlement.
17.8 Aggregate Use for Spouses. In the situation where husband and wife are both
employed by the County, the family care of medical leave entitlement based on the birth ,
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adoption or foster care of a child is limited to an aggregate for both employees together
of eighteen (18) weeks during a “rolling” twelve (12) month measured backward from the
date the employee uses his/her FMLA leave . Employees requesting family care leave
are required to advise their appointing authority(ies) when their spouse is also employed
by the County.
17.9 Definitions. For medical and family care leaves of absence under this section,
the following definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or
a child who is under eighteen (18) years of age for whom an employee stands in
loco parentis or for whom the employee is the guardian or conservator, or an
adult dependent child of the employee .
B. Parent: A biological, foster, or adoptive parent, a step -parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom
the employee is not related and with whom the employee resides and shares the
common necessities of life.
E. Serious Health Condition: An illness, injury, impairment, or physical or mental
condition which warrants the participation of a family member to provide care
during a period of treatment or supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or continuing treatment or
continuing supervision by a health care provider (e.g. physician or surgeon) as
defined by state and federal law.
F. Certification for Family Care Leave: A written communication to the employer
from a health care provider of a person for whose care the leave is being taken
which need not identify the serious health condition involved, but shall contain:
1. The date, if known, on which the serious health condition commenced.
2. The probable duration of the condition.
3. An estimate of the amount of time which the em ployee 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:
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1. The date, if known, on which the serious health conditi on 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 he ld
prior to the leave. Ordinarily, the job assignment will be the same duties in the
same program area located in the same city, although specific clients, caseload,
co-workers, supervisor(s), or other staffing may have changed during an
employee's leave.
17.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 14.3.D (Sick Leave Utilization for Pregnancy Disability), that time will not
be considered a part of the eighteen (18) week family care leave period.
17.11 Group Health Plan Coverage . Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in Section 17.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 17.5 above, the County will
continue its contribution for such health plan coverage even if accruals are not available
for use to maintain pay status as required under Section 17.12. In order to maintain such
coverage, employees are required to pay timely the full employee contribution to
maintain their group health plan coverage, either through payroll deduction or by paying
the County directly.
17.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using available sick leave (if so entitled u nder Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may be "broken" int o segments and
accruals used on a monthly basis at the employee's discretion. After the first
twelve (12) months, the leave period may not be "broken" into segments and
accruals may not be used, except when required by LTD Benefit Coordination or
SDI/Sick Leave Integration or as provided Section 16.3 or in the sections below.
B. Family Care or Medical Leave (FMLA). During the eighteen (18) weeks of an
approved medical or family care leave, if a portion of that leave will be on a leave
of absence without p ay, the employee will be required to use at least 0.1 hour of
sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid
Sick Leave), vacation, floating holiday, compensatory time off or other accruals
or entitlements if such are available, although use of additional accruals is
permitted under subsection A. above.
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C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. A n eligible
employee who files an LTD claim and concurrently takes a leave of absence
without pay will be required to use accruals as provided in Section B herein
during the eighteen (18) week entitlement period of a medical leave specified
above. If an eligible employee continues beyond the eighteen (18) week
entitlement period on a concurrent leave of absence/LTD claim, the employee
may choose to maintain further pay status only as allowed under subsection A.
herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave.
17.13 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence, shall be
reinstated to a position in that classification and department and then only on the basis
of seniority. In case of severance from service by reason of the reinstatement of a
permanent employee, the provisions of Section 11 - Workforce
Reduction/Layoff/Reassi gnment shall apply.
17.14 Leave of Absence Return. In the Employment & Human Services Department
an employee shall have the right to return to the same class, building, and assignment
(position control number) if the return to work is within eighty-nine (89) consecutive days
from the initial date the employee started the leave of absence. At such time the leave of
absence is approved by the Appointing Authority, the Employment & Human Services
Department shall notify the employee of the final date by whic h he/she shall return to be
assigned to the same position control number.
17.15 Reinstatement From Family Care/Medical Leave. In the case of a family care
or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than ninety (90) work days of
leave from the initial date of a continuous leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full -time employee taking an intermittent or
reduced work schedule leave shall be reinstated to the same or comparable position if
the return to work on a full schedule is after no more than seven hundred twenty (720)
hours, including use of accruals, of intermittent or reduced schedule leave. At the t ime
the original leave is approved, the appointing authority shall notify the employee in
writing of the final date to return to work, or the maximum number of hours of leave, in
order to guarantee reinstatement to the same or comparable position. An emplo yee on a
schedule other than 5/40 shall have the time frame for reinstatement to the same or
comparable position adjusted on a pro rata basis.
17.16 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a Coun ty position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
preceding year, shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military
leave.
17.17 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authori ty, or at the expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
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17.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall
remain in effect.
SECTION 18 - JURY DUTY AND WITNESS DU TY
18.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
A. When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty respo nsibilities.
B. Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
C. If summoned for jury duty in a Superior , Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or t hey may take paid
leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and
expenses paid to them.
D. When an employee is summoned for jury duty selection or is selected as a juror
in a Superior or Federal Court, employees may remain in a regular pay status if
they waive all fees (other than mileage), regardless of shift assignment and the
following shall apply:
1. If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain from
the Clerk or Jury Commissioner a certificate indicating the days attended
and noting that fees other than mileage are waived or surrendered. The
employee shall furnish the certificate to his department where it will be
retained as a department record. No "Absence/Overtime Record" is
required.
2. An employee who elects to retain all fees must take leave (vacation,
floating holiday, etc.) or leave without pay. No court certificate is required
but an "Absence/Overtime Record" must b e submitted to the department
payroll clerk.
E. Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
F. An employee on short notice standby to report to court, whose job duties make
short notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short
notice.
G. When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise.
H. Permanent-intermittent employees are entitle d to paid jury duty leave only for
those days on which they were previously scheduled to work.
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18.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to them
other than mileage allowance or they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in Section 18 of this MOU. Employees shall advise their department as
soon as possible if scheduled to appear for witness duty. Permanent -intermittent
employees are entitled to paid witness duty only for those days on which they were
previously scheduled to work.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
19.1 Health Plan Coverages. The County will provide the medical and dental
coverage for permanent employees regularly scheduled to work twenty (20) or more
hours per week and for their eligible family members, expressed in one of the Health
Plan contracts and one of the Dental Plan contracts between the County and the
following providers:
A. Contra Costa Health Plans (CCHP)
B. Kaiser Permanente Health Plan
C. Health Net
D. Delta Dental
E. DeltaCare (PMI)
Employee Co-pays for these plans are shown on Attachment N.
19.2 Monthly Premium Subsidy:
A. For each health and/or dental plan, the County’s monthly premium subsidy is a
set dollar amount and is not a percentage of the premium charged by the plan.
The County will pay the following monthly premium subsidy:
1. Contra Costa Health Plans (CCHP), Plan A
Single: $ 509.92
Family: $1,214.90
2. Contra Costa Health Plans (CCHP), Plan B
Single: $528.50
Family: $1,255.79
3. Kaiser Permanen te Health Plan
Single: $478.91
Family: $1,115.84
4. Health Net HMO
Single: $627.79
Family: $1,540.02
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5. Health Net PPO
Single: $604.60
Family: $1,436.25
6. Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7. Delta Dental with Kaiser or Health Net
Single: $34.02
Family: $76.77
8. Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
9. DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
10. DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11. DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
B. If the County contracts with a health and/or dental plan provider not listed above,
the amount of the premium subsidy that the County will pay to that health and/or
dental plan provider for employees and their eligible family members shall not
exceed the amount of the premium subsidy that the County would have paid to
the former plan provider.
C. In the event that the County premium subsidy amounts are greater tha n one
hundred percent (100%) of the applicable premium of any health and/or dental
plan, for any plan year, the County’s contribution will not exceed one hundred
percent (100%) of the applicable plan premium.
19.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement, eligible employees and their eligible family
members may remain in their County health/dental plan, but
without County-paid life insurance coverage, if immediately before
their proposed retirement the employees and dependents are
either active subscribers to one of the County contracted
health/dental plans or if while on authorized leave of absence
without pay, they have retained continuous coverage during the
leave period. The County will pay the health/dental plan monthly
premium subsidies set forth in Section 19.2 for eligible retirees
and their eligible family members .
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2. Any person who becomes age 65 on or after January 1, 2010 and
who is eligible for Medicare must immediately enroll in Medicare
Parts A and B.
3. For employees hired on or after January 1, 2010 and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health and/or dental plan after they separate from
County employment. However, any such eligible employee who
retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a
county health or dental plan provided that (i) he or she begins to
receive a monthly retirement allowance from CCCERA within 120
days of separation from County employment and (ii) he or she
pays the full premium cost under the health and/or dental plan
without any County premium subsidy.
B. Employees Who File For Deferred Retirement: Employees, who resign
and file for a deferred retirement and their elig ible family members, may
continue in their County group health and/or dental plan under the
following conditions and limitations.
1. Health and dental coverage during the deferred retirement period
is totally at the expense of the employee, without any Co unty
contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937
Retirement Act provisions;
b. be an active member of a County group healt h and/or dental
plan at the time of filing their deferred retirement application
and elect to continue plan benefits;
c. be eligible for a monthly allowance from the Retirement
System and direct receipt of a monthly allowance within
twenty-four (24) months of application for deferred
retirement; and
d. file an election to defer retirement and to continue health
benefits hereunder with the County Benefits Division within
thirty (30) days before separation from County service.
4. Deferred retirees who elect continued health benefits hereunder
and their eligible family members may maintain continuous
membership in their County health and/or dental plan group during
the period of deferred retirement by paying the full premium for
health and dental coverage on or before the 10th of each month, to
the Contra Costa County Auditor-Controller. When the deferred
retirees begin to receive retirement benefits, they will qualify for
the same health and/or dental coverage pursuant to subsection
(A) above, as similarly situated retirees who did not defer
retirement.
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5. Deferred retirees may elect retiree health benefits hereunder
without electing to maintain participation in their County health
and/or dental plan during their deferred retirement period. When
they begin to receive retirement benefits they will qualify for the
same health and/or dental coverage pursuant to subsection (A),
above, as similarly situated retirees who did not defer retirement,
provided reinstatement to a County group health and/or dental
plan will only occur following a three (3) full calendar month
waiting period after the month in which their retirement allowance
commences.
6. Employees who elect deferred retirement will not be eligible in any
event for County health and/or dental plan subven tion unless the
member draws a monthly retirement allowance within twenty-four
(24) months after separation from County service.
7. Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for retiree health /dental
coverage, as similarly situated retirees who did not defer
retirement.
C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsections (A) and (B),
above, upon completion of fifteen (15) years of service as an employee of
Contra Costa County. For purposes of retiree health eligibility, one year
of service is defined as one thousand (1,000) hours worked within one
anniversary year. The existing method of crediting service while an
employee is on an approved leave of absence will continue for the
duration of this Agreement.
D. Subject to the provisions of Section 19.3 subparts (A) (B), and (C) and
upon retirement and for the term of this agreement, the following
employees (and their eligible family members) are eligible to receive a
monthly premium subsidy for health and/or dental plans or are eligible to
retain continuous coverage of such plans: employees, and each
employee who retires from a position or classification that was
represented by this bargaining unit at the time of his or her retirement.
E. For purposes of this Section 19.3 only, “eligible family members” does not
include Survivors of employees or retirees.
19.4 Health Plan Coverages and Provisions: The following provisions are
applicable regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent
part-time employees working nineteen (19) hours per week or less may
participate in the County Health and/or Dental plans (with the associated
life insurance benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan
through the last day of the month in which he/she separates. Employees
who separate from County employment may continue group health and/or
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dental plan coverage to the extent provided by the COBRA laws and
regulations.
19.5 Family Member Eligibility Criteria: The following persons may be enrolled as
the eligible Family Members of a medical and/or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a
physical or mental disability that existed prior to the
child’s attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50% of the year
excluding time living at school; and,
ii. Receives at least 50% of support from Employee; and,
iii. Is enrolled and attends school on a full -time basis, as
defined by the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a
physical or mental disability that existed prior to the
child’s attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
19.6 Dual Coverage:
A. Each employee and retiree may be covered only by a single County
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health (and/or dental) plan, including a CalPERS pl an. For example, a
County employee may be covered under a single County health and/or
dental plan as either the primary insured or the dependent of another
County employee or retiree, but not as both the primary insured and the
dependent of another County employee or retiree.
B. All dependents, as defined in Section 19.5, Family Member Eligibility
Criteria, may be covered by the health and/or dental plan of only one
spouse or one domestic partner. For example, when both husband and
wife are County employees, all of their eligible children may be covered
as dependents of either the husband or the wife, but not both.
C. For purposes of this Section 19.6 only, “County” includes the County of
Contra Costa and all special districts governed by the Board of
Supervisors, including, but not limited to, the Contra Costa County Fire
Protection District.
19.7 Life Insurance Benefit Under Health and Dental Plans : For employees who
are enrolled in the County’s program of medical or dental coverage as either the prima ry
or the dependent, term life insurance in the amount of ten thousand dollars ($10,000) will
be provided by the County.
19.8 Supplemental Life Insurance: In addition to the life insurance benefits provided
by this agreement, employees may subscribe volu ntarily and at their own expense for
supplemental life insurance. Employees may subscribe for an amount not to exceed five
hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a
guaranteed issue, provided the election is made w ithin the required enrollment periods.
19.9 Health Care Spending Account. After six (6) months of permanent
employment, full time and part time (20/40 or greater) employees may elect to
participate in a Health Care Spending Account (HCSA) Program desig ned to qualify for
tax savings under Section 125 of the Internal Revenue Code, but such savings are not
guaranteed. The HCSA Program allows employees to set aside a predetermined
amount of money from their pay, not to exceed the maximum amount authorized by
federal law, per calendar year, of before tax dollars, for health care expenses not
reimbursed by any other health benefit plans. HCSA dollars may be expended on any
eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused
balance is forfeited and cannot be recovered by the employee
19.10 PERS Long-Term Care: The County will deduct and remit monthly premiums to
the PERS Long-Term Care Administrator for employees who are eligible and voluntarily
elect to purchase long-term care at their personal expense through the PERS Long -
Term Care Program.
19.11 Dependent Care Assistance Program: The County offers the option of
enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax
savings under Section 129 of the Internal Revenue Code, but such savings are not
guaranteed. The program allows employees to set aside up to five thousand dollars
($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent
care (child and elder care) expenses. Any unused balance is forfeited and cannot be
recovered by the employee.
19.12 Premium Conversion Plan: The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue
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LOCAL 1 2011-2013
Code, but tax savings are not guaranteed. The program allows employees to use pre -
tax dollars to pay health and dental premiums.
19.13 Prevailing Section: To the extent that any provision of this Section (Section 19
Health, Life & Dental Care) is inconsistent with any provision of any other County
enactment or policy, including but not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management Regulations, or any other agreement or order
of the Board of Supervisors, the provision(s) of th is Section (Section 19 Health, Life &
Dental Care) will prevail.
19.14 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to employees and departments
information about rate changes as they occur during the year.
19.15 Partial Month. The County's contribution to the health plan premium is payable
for any month in which the employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the premium, the employee must
make up the difference by remitting the amount delinquent to the Auditor -Controller. The
responsibility for this payment rests with the employee. If payment is not made, the
employee shall be dropped from the health plan.
19.16 Coverage During Absences
Employees shall be allowed to maintain their health plan coverage at the County group
rate for twelve (12) months if on approved leav e of absence provided that the employee
shall pay the entire premium (i.e. both employer and employee share) for the health plan
during said leave. Said payment shall be made by the employee at a time and place
specified by the County. Late payment shall r esult in cancellation of health plan
coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act
(COBRA) provided the employee pays the entire c ost of coverage, plus any
administrative fees, for the option selected. The entire cost of coverage shall be paid at a
place and time specified by the County. Late payment may result in cancellation of
health plan coverage with no reinstatement allowed.
19.17 Child Care. The County will continue to support the concept of non -profit child
care facilities similar to the “Kid’s at Work” program established in the Public Works
Department.
19.18 Health Care Oversight Committee. The County and the Health Care Ove rsight
Committee will continue during the duration of this agreement.
SECTION 20 - PROBATIONARY PERIOD
20.1 Duration. All appointments from officially promulgated employment lists for
original entrance and promotion shall be subject to a probationary per iod. For original
entrance appointments, the probationary period shall be from nine (9) months to two (2)
years duration. For promotional appointments, the probation period shall be from six (6)
months to two (2) years duration.
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20.2 Classes With Probationary Period Over Six /Nine Months. Listed below are
those classes represented by the Union which have probation periods in excess of nine
(9) months for original entrance appointments and six (6) months for promotional
appointments:
Agricultural Biologist Trainee - one (1) year
Animal Services Officer - one (1) year
Apprentice Mechanic - two (2) years
Child Support Specialist - one (1) year
Public Service Officer - one (1) year
Security Guard - one (1) year
Weights & Measures Inspector Trainee - one (1) year
20.3 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
20.4 Criteria. The probationary period shall date from the time of appointment to a
permanent position after certification from an eligible list. It shall not include time served
under provisional appointment or under appointment to limited term positions or any
period of continuous leave of absence wi thout pay or period of work connected disability
exceeding fifteen (15) calendar days.
For those employees appointed to permanent -intermittent positions with a nine (9)
month probation period, probation will be considered completed upon serving fifteen
hundred (1500) hours after appointment except that in no instance will this period be
less than nine (9) calendar months from the beginning of probation. If a permanent -
intermittent probationary employee is reassigned to full -time, credit toward probation
completion in the full-time position shall be prorated on the basis of one hundred
seventy-three (173) hours per month.
20.5 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from Rejection. Notwithstanding any other provisions of this section, an
employee (probationer) shall have the right to appeal from any rejection during
the probationary period based on political, or religious or union activities, or race,
color, national origin, sex, age, disability, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
Subsection A and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of
delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
Subsection A, it may refer the matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in which proceedings the rejected
probationer has the burden of proof.
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D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal.
If, after hearing, the Merit Board upholds the appeal, it shall direct that the
appellant be reinstated in the position and the appellant shall begin a new
probationary period unless the Merit Board specifically reinstates the former
period.
20.6 Regular Appointment. The regular appointment of a probationary
employee will begin on the day following the end of the probationary period . A
probationary employee may be rejected at any time during the probation period without
regard to the Skelly provisions of this Memorandum, without notice and without right of
appeal or hearing, except as provided in Section 20.5.A.
Notwithstanding any other provisions of the MOU, an employee rejected during the
probation period from a position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months after
being promoted or transferred from a position in the Merit System to a position not
included in the Merit System shall be restored to a position in the classification in the
department from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall
not be restored to the eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the appointing authority and is
certified by the Director of Human Resources whose decision is final. The Director of
Human Resources shall not certify the name of a person restored to the eligible list to
the same appointing authority by whom the person was rejected from the same eligible
list, unless such certification is requested in writing by the appointing authority.
20.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another classification, the employee shall
serve a full probationary period. An employee appointed to a permanent position from a
layoff or reemployment list is subject to a probation period if the position is in a
department other than the department from which the employee separated, displaced, or
voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is
not subject to a probation period if the position is in the department fr om which the
employee separated, displaced or voluntarily demoted in lieu of layoff.
20.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is appointed
from the layoff list and then rejected during the probation period shall be automatically
restored to the layoff list, unless discharged for cause, if the person is within the period
of layoff eligibility. The employee shall begin a new probation period of subsequent ly
certified and appointed in a different department or classification than that from which
the employee was laid off.
SECTION 21 - PROMOTION
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21.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
21.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
21.3 Open Exam. If an examination for one of the classes represented by the Union i s
proposed to be announced on an Open only basis the Director of Human Resources
shall give five (5) days prior notice of such proposed announcement and shall meet at
the request of the Union to discuss the reasons for such open announcement.
21.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
B. The incumbent of the position must have performed at the higher level for six (6)
months.
C. The incumbent must meet the minimum education and experience require ments
for the higher class.
D. The action must have approval of the Director of Human Resources.
E. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
21.5 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or per -
manent status in the merit system and must possess the minimum qualifications for the
class. Applicants will be admitted to promotional examinations only if the requirements
are met on or before the final filing date. If an employee who is qualified on a
promotional employment list is separated from the merit system, except by layoff, the
employee's name shall be removed from the promotional list.
21.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not inclu ding seniority credits, of
seventy (70) percent or more, shall receive, in addition to all other credits, five one -
hundredths of one percent (.05%) for each completed month of service as a permanent
County employee continuously preceding the final date for filing application for said
examination. For purposes of seniority credits, leaves of absence shall be considered as
service. Seniority credits shall be included in the final percentage score from which the
rank on the promotional list is determined. No e mployee, however, shall receive more
than a total of five percent (5%) credit for seniority in any promotional examination.
21.7 Release Time for Physical Examination. County employees who are required
as part of the promotional examination process to ta ke a physical examination shall do
so on County time at the County’s expense.
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21.8 Release Time for Examinations. Permanent employees will be granted
reasonable time from work without loss of pay to take County examinations or to go to
interviews for a County position provided the employees give the Department sufficient
notice of the need for time off. “Reasonable” release time shall include time for travel
and interviewing/testing.
SECTION 22 - TRANSFER & REASSIGNMENT
22.1 Transfer Conditions. The following conditions are required in order to qualify for
transfer:
A. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on
the basis of minimum qualifications and qualifying procedure.
B. The employee shall have permanent status in the merit system and shall be in
good standing.
C. The appointing authority or authorities involved in the transaction shall have
indicated their agreement in writing.
D. The employee concerned shall have indicated agreement to the change in
writing.
E. The Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure pro vided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
22.2 Transfer Policy. Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Human Res ources in writing of such desire stating
the reasons therefore. The Director of Human Resources shall if he or she considers
that the reasons are adequate and that the transfer will be for the good of the County
service and the parties involved, inform the appointing authority or authorities concerned
and the employee of the proposal and may take the initiative in accomplishing the
transfer.
22.3 Reassignment of Work Location. Employees desirous of reassignment to a
position in the same classification at another work location shall submit a request for
reassignment in writing to the Department Head. When openings occur in various work
locations, requests for reassignment will be reviewed with consideration given to various
factors including but not limited to distance of employee's residence from desired work
location and relative length of service of the applicants for a particular location. The
Department Head or designated representative shall make the sole determination as to
assignment of personnel, except as otherwise provided in the supplemental sections of
this MOU. This provision applies to intradepartmental reassignments only.
This provision for work location reassignments applies only to the following units:
Agriculture Unit (excluding the Weights and Measures Division) and Library Unit.
22.4 Voluntary Reassignment (Bidding) Procedure. The below listed procedure
shall apply to the following groups of employees: the entire General Services and
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Maintenance Unit, the entire LVN -Attendant/Aide Unit, the entire Health Services Unit,
and that portion of the Engineering Unit in the Public Works Department.
Permanent employees may request reassignment to vacant permanent positions in the
same classification or in the same level of their deep classificati on. All permanent
vacancies will be offered for bid to presently assigned full -time, part-time and
permanent-intermittent employees for reassignment. Nothing herein precludes the
making of temporary reassignments not entailing the filling of vacant permane nt
positions. The following procedures shall apply:
A. Responsibility. Implementation of the reassignment procedure is the
responsibility of the supervisor of the position which is vacant.
B. Vacancy Notices Posted. Vacant position notices for positions which are to be
filled shall be posted for seven (7) calendar days. The notice shall specify job
characteristics including the specific hours and days of work, noting that the
hours and days of work are subject to change as provided for by the MOU and
shall be posted only once. The supervisor may begin interviewing bidders
immediately upon posting the bid notice. If the supervisor receives less than
three (3) bidders, he or she may fill the position by using the Merit System
eligible list or by making internal reassignments. For purposes of this procedure,
a bidder is an employee in the same class who is eligible to bid under Section d,
following, and who meets all the minimum qualifications for the position including
any specialized requirements such as bil ingual ability, position flag requirements,
and who submits a bid on the position.
C. All Vacancies Must be Posted. All vacant positions which may occur by creation
of new positions, separation, promotion, demotion or reassignment must be
posted for permanent employee bidding.
D. Who May Request Reassignment. All permanent full-time, permanent part-time
or permanent-intermittent employees may request reassignment to any open
permanent position in the same classification or in the same level of a deep
classification anywhere else in their Department.
E. Who May Not Request Reassignment. Employees who are in a temporary status
or provisionally appointed to a permanent position may not bid for reassignment
under this procedure.
F. Employee Selection. If three (3) or more employees bid on the position, the
position shall be filled from among the three (3) most senior bidders. For the
purposes of bidder selection, the "Rule of 3" shall apply. That is, the supervisor is
entitled to select from three (3) can didates and the three (3) most senior may be
considered as equal. Seniority for bidding purposes means classification seniority
for layoff purposes. If two (2) employees bid, the supervisor shall be entitled to
one (1) additional name from an eligible list . If one (1) employee bids, the
supervisor shall be entitled to two (2) additional names from an eligible list. If no
employees bid, the supervisor may fill the position from an eligible list or
otherwise in accordance with the Personnel Management Regulat ions.
The supervisor shall offer to interview all candidates either in person or on the
telephone. Subsequent to submitting a bid, an employee may waive
consideration for the position at any time by notifying the supervisor verbally or in
writing in which case the next most senior bidder (if any) or candidate from the
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eligible list may be considered. The remaining active bidders will be advised
within ten (10) work days after the posting is removed whether they have been
selected or the status of their b id. If requested by the employee, supervisors shall
give an employee in writing the reason(s) why he or she was not selected.
G. No Old Job Claim. The selected employee shall have no claim on the job(s) he
or she left. If a decision is made by the employee to seek immediate
reassignment, the employee may only be placed in another vacant position in
accordance with this policy.
H. Bidding While on Leave. Employees interested in a particular assignment and
wishing to be notified of an open position while on vacation, sick leave or leave of
absence (not scheduled day off) may leave a written notice or a self -addressed,
stamped envelope with the supervisor of the position they are interested in.
I. Probationary and New Assignment Bidding. Employees who are on probation or
who have been in a new work assignment for less than three (3) months, may bid
for a vacant position which is open. The bid will be considered if, when bidding is
closed, there are less than three (3) employees who are not on probation or in
new assignments who have bid for the position. Bids from employees on
probation or in new assignments will be in addition to any names referred to the
department through the certification process described in Section 22.4 -f above.
Probation Counselors who have completed three (3) months of their one (1) year
probation may bid the same as all other permanent employees.
CONTRA COSTA COUNTY - LOCAL NO. 1 BID NOTICE
TO: Permanent Employees in the class of ___________________
FROM: __________________ _____________________
Name Title
SUBJECT: NOTICE OF OPEN POSITION
Classification: Position No: _________
Level: Position Type: FT PPT PI___
(If deep classification)
Department: Division:___________________
Geographic Area:______________________________________
(East, West, Central)
Worksite (street address, etc.): _________________________
Shift/Hours: Days Off: ______________
Other Requirements (i.e., bilingual ability, position flags):
All eligible full time, permanent part -time, or permanent-intermittent employees in the
above classification interested in this position, submit bids IN WRITIN G on Form 103
(WIDSI) to:
by: ________ _____________
Name Date Time of Day
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Posting Date: Removal Date:
22.5 Involuntary Reassignment Procedure. The below listed procedure shall apply
to the following groups of employees (except in the case of layoffs where Section 22.6
governs): entire General Services and Maintenance Unit; en tire LVN/Attendant/Aide
Unit; entire Health Services Unit; Probation Counselors in the Probation Department;
and that portion of the Engineering Unit in the Public Works Department.
Department management, at its sole discretion, may determine from time to time that
involuntary reassignments of staff are required. Involuntary reassignments are the
reassignments of permanent employees in their existing classification to a new worksite,
shift, or program area. Such decisions may result from inability to fill a vacancy through
the voluntary reassignment procedure or from a determination that excess staff are
allocated to a certain site, shift, or program. When such decisions are made and the
reassignments are permanent, the below listed procedure shall apply.
This policy shall not apply to temporary reassignments of less than eight (8) weeks
duration to cover such things as vacation relief, sick leave absences, temporary shifts in
workload, training assignments, or temporary short term assignments to cover vaca nt
positions which could not be filled through the voluntary reassignment policy and for
which actions are underway to fill permanent from an eligible list. If a temporary
reassignment is expected to exceed eight (8) weeks in duration, the affected Departm ent
shall either use the below listed procedure or will meet and confer with the Union on a
case by case basis regarding an alternative approach:
A. Management will identify the classifications and positions from which
reassignments are necessary.
B. Affected employees will be provided with a list of vacancies/ assignments for
which they may apply.
C. Affected employees shall be given the opportunity to volunteer for the available
vacancies/assignments and shall be considered in accordance with Part f. o f the
voluntary reassignment procedure.
D. If there are insufficient volunteers for the number of available positions or no
volunteers, and involuntary reassignments are still required, the least senior
qualified affected employee shall be reassigned to t he vacant assignment
identified by management, followed by the next least senior employee, and so on
in inverse order of seniority until all necessary reassignments are completed.
Qualified is defined as a person possessing the necessary training or experi ence
for the specific assignment.
Seniority for involuntary reassignment purposes shall be defined as seniority
within classification. Nothing contained in this Section shall prohibit the
Department and the Union from making a mutually agreed upon altern ative
arrangement.
In no event shall reassignments be utilized for disciplinary purposes.
22.6 Reassignment Due to Layoff or Displacement. When reassignment of an
employee or employees is necessary due to layoff or displacement, the following
procedures shall be followed:
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A. A list of vacant positions shall be posted in work areas of all affected employees
for a minimum of five (5) work days.
B. Employees shall be given the opportunity to volunteer for vacancies and shall be
reassigned on the basis of seniority.
C. If there are no volunteers for reassignment, the least senior employee(s) in that
class shall be reassigned.
D. Management shall have the sole prerogative to select the vacancy to which the
least senior employee(s) shall be reassigned.
Seniority for reassignment purposes shall be defined as (in Section II, Layoff)
seniority within classification. If reduction or reassignment by site is necessary,
the least senior employee in the affected class at the site shall be reassigned. If
reduction or reassignment is necessary by shift, the least senior employee in the
affected class assigned to the affected shift shall be reassigned. Nothing
contained in this Section shall prohibit a Department and the Union from making
a mutually agreed upon alternative arrangement.
SECTION 23 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and shall indicate the effective date
of termination.
23.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
23.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
A. An employee has been absent from duty for five (5) consecutive working days
without leave; and
B. Five (5) more consecut ive work days have elapsed without response by the
employee after the receipt of a registered or certified letter citing a notice of
resignation by the appointing authority to the employee at the employee's last
known address, but no more than ten (10) wor king days from mailing of said
notice.
C. The letter to the employee will include a document that gives the employee the
option of authorizing the County to provide his/her union with a copy of the
constructive resignation letter. If the employee signs the authorization document
and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the constructive resignation letter to the
employee’s union, as authorized.
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23.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative on that date or another date specified. An employee
who resigns without advance notice as set forth in Section 23.1, may seek recession of
the resignation and reinstatement by delivering an appeal in writing to the Human
Resources not later than close of business on the third (3rd) calendar day after the
resignation is effective. Within five (5) work days of receipt of the appeal, the Human
Resources Director shall consider the appeal and render a final and binding decision
including, if applicable, the date of reinstatement.
23.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee
could have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day followi ng the appointing
authority's acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal to the Merit Board. In the
alternative, the employee may file a written election with the Director of Human
Resources waiving the employee's right of appeal to the Merit Board in favor of
the employee's appeal rights under the grievance procedure contained in Section
25 of the MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the resignation
was coerced, the resignation shall be deemed revoked and the employee
returned to duty effective on the day following the decision but without loss of
seniority or pay, subject to the employee's duty to mitigate damages.
SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
24.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in pay
may not exceed five percent (5%) for a three (3) month period. The following are
sufficient causes for such action; the list is indicative rather than inclusive of restrictions
and dismissal, suspension or demotion may be based on reasons other than those
specifically mentioned:
A. Absence without leave.
B. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the merit system into disrepute.
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D. Disorderly or immoral conduct.
E. Incompetence or inefficiency.
F. Insubordination.
G. Being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises.
H. Neglect of duty (i.e. non -performance of assigned responsibilities).
I. Negligent or willful damage to public property or waste of public supplies or
equipment.
J. Violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head.
K. Willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations.
L. Material and intentional misrepresentation or concealmen t of any fact in
connection with obtaining employment.
M. Misappropriation of County funds or property.
N. Unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU.
O. Dishonesty or theft.
P. Excessive or unexcused absenteeism and/or tardiness.
Q. Sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile working
environment.
24.2 Skelly Requirements. Before taking a discip linary action to dismiss, suspend
for more than three (3) work days, temporarily reduce the pay of, or demote an
employee, the appointing authority shall cause to be served personally or by certified
mail, on the employee, a Notice of Proposed Action, whic h 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 regulati on of the County,
department or district, a copy of said rule shall be included with the notice.
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D. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
In addition to the Notice of Proposed Action, the appointing authority will serve the
employee with a document that gives the employee the option of authorizing the C ounty
to provide his/her union with a copy of the Notice of Proposed Action. If the employee
signs the authorization document and returns it to the appointing authority, the
appointing authority will thereafter, within one work day, provide a copy of the
employee’s Notice of Proposed Action to his/her union, as authorized.
In addition to the Order and Notice, the appointing authority will serve the employee with
a document that gives the employee the option of authorizing the County to provide
his/her union with a copy of the Order and Notice. If the employee signs the
authorization document and returns it to the appointing authority, the appointing authority
will thereafter, within one work day, provide a copy of the employee’s Order and Notice
to his/her union, as authorized.
24.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be tak en. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during an extension, the right to respond is lost.
24.4 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
24.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
24.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or
Demotion.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or
demote an employee having permanent status in a position in the merit system,
after having complied with the Skelly requirements where applicable, the
appointing authority shall make an order i n writing stating specifically the causes
for the action.
B. Service of Order. Said order of dismissal, suspension, temporary reduction in
pay, or demotion shall be filed with the Director of Human Resources, showing
by whom and the date a copy was serve d upon the employee to be dismissed,
suspended, temporarily reduced in pay, or demoted, either personally or by
certified mail to the employee's last known mailing address. The order shall be
effective either upon personal service or deposit in the U.S. Po stal Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, temporary reduction in pay, or demotion either to the Merit Board or
through the procedures of Section 25 - Grievance Procedure of this MOU
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provided that such appeal is filed in writing with the Director of Human Resources
within ten (10) calendar days after service of said order. An employee may not
both appeal to the Merit Board and file a grievance under Section 25 of this
MOU.
24.7 Employee Representation Rights. The County recognizes an employee’s right
to representation during an investigatory interview or meeting which may result in
discipline. The County shall not interfere with the representative’s right to assist an
employee to clarify the facts during the interview. If the employee requests a union
representative, the investigatory interview shall be temporarily recessed for a reasonable
period of time until a union representative can be present. For those interviews, which
by nature of the incident must take place immediately, the union will take all reasonable
steps to make a union representative immediately available.
The employer shall inform the employee of the general nature of the investigation at the
time the employer directs the employee to be interviewed.
SECTION 25 - GRIEVANCE PROCEDURE
25.1 Definition and Procedure. A grievance is any dispute which involves the
interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU which speci fically provide that the decision of any County official
shall be final, the interpretation or application of those provisions not being subject to the
grievance procedure. The Union may represent the grievant at any state of the process.
Grievances must be filed within thirty (30) calendar days of the incident or occurrence
about which the grievant claims to have a grievance and shall be processed in the
following manner:
Step 1. Any employee or group of employees who believes that a provision of this MOU
has been misinterpreted or misapplied to his or her detriment shall discuss the complaint
with the grievant's immediate supervisor, who shall meet with the grievant within five (5)
work days of receipt of a written request to hold such meeting. Grievances challenging
suspensions, reductions in pay, demotions and terminations may be filed at Step 3
within the time frame set forth above.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may
submit the grievance in writing within ten (10) work days to such management official as
the Department Head may designate. This formal written grievance shall state which
provision of the MOU has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's detriment, and the redress he
or she seeks. A copy of each written communication on a grievance shall be filed with
the Director of Human Resources. The Department Head or his or her designee shall
have ten (10) work days in which to respond to the grievance in writing. If either the
union or grievant request a meeting with the Department Head or his/her designee at
this step, such a meeting will be held.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the grievant may
appeal in writing within ten (10) work days to the Director of Human Resources. The
Director of Human Resources or his/her designee shall have twenty (20) work days in
which to investigate the merits of the complaint and to meet together a t the same time
with the Department Head or his/her designee, the grievant, and the union. For
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grievances involving interpretation of this MOU, the Director of Human Resources or
his/her designee will decide the grievance on its merits and provide the grie vant, the
union, and the Department with a written decision within twenty (20) workdays of the
date of the Step 3 Meeting, unless more time is granted by mutual agreement.
For grievances involving appeals from disciplinary action, the Director of Human
Resources or designee will attempt to settle the grievance. In the event that the
grievance is not settled, the Director of Human Resources or designee will provide
written notice of that fact to the grievant, the union, and the Department within twenty
(20) workdays of the date of the Step 3 meeting, unless more time is granted by mutual
agreement.
Step 4. No grievance may be processed under this Section which has not first been filed
and investigated in accordance with Step 3 above and filed by the unio n within ten (10)
work 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 grievance which
arises and is presented during the term of this MOU, such grievanc e may be submitted
in writing to the Director of Human Resources or designee within seven (7) work days
requesting referral to mediation (State Mediation and Conciliation Service) or an
Adjustment Board. The mediation option is only available with the conc urrence of the
Human Resources Director or designee. The mediation option terminates on June 30,
2013, and does not continue beyond the expiration date of this MOU without express
written agreement of the parties to continue the practice. The Adjustment B oard will be
comprised of three (3) Union representatives, no more than two (2) of whom shall be
either an employee of the County or an elected or appointed official of the Union
presenting this grievance, and three (3) representative of the County, no mor e than two
(2) of whom shall be either an employee of the County or a member of the staff of an
organization employed to represent the County in the meeting and conferring process.
The Adjustment Board will convene on the second (2nd) Wednesday of each month
unless otherwise scheduled by mutual agreement. All grievances that are received by
the Director of Human Resources at least ten (10) working days prior to the next
scheduled session of the Adjustment Board will be placed on the agenda for the next
regular meeting.
This step of the grievance procedure may be waived by the written mutual agreement of
the parties.
Step 5. If the parties are unable to reach a settlement or if an Adjustment Board is
unable to arrive at a majority decision, either the Union or the County, whichever is the
moving party, may require that the grievance be referred to an impartial arbitrator who
shall be designated by mutual agreement between the grievant and the Human
Resources Director. Such request shall be submitted within t wenty (20) work days of the
rendering of the Adjustment Board decision or the completion of mediation. Within
twenty (20) work days of the request for arbitration the parties shall mutually select an
arbitrator who shall render a decision within thirty (30 ) work days from the date of final
submission of the grievance including receipt of the court reporter's transcript and post -
hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter
shall be shared equally by the grievant a nd the County. Each party, however, shall bear
the costs of its own presentation, including preparation and post hearing briefs, if any.
25.2 Expedited Board of Adjustment. If the County and the filing Union are unable
to reach a mutually satisfactory accord on any grievance of discipline involving
suspensions, demotions, or reduction in pay that arises and is presented during the term
of this MOU, such grievance may be submitted to the Expedited Board of Adjustment
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(EBA) in writing in accordance with the procedures below. No grievance may be
processed under this Section that has not first been filed and processed in accordance
with Step 3 of the Grievance Procedure and delivered to the Director of Human
Resources within ten (10) work days of the date of the Step 3 written response by the
Director of Human Resources or his/her designee. By agreement of the Union and the
Director of Human Resources or his/her designee, grievances concerning contract
interpretation may also be presented to the EBA. All grievances submitted to the EBA
will be resolved in accordance with the following procedures:
Expedited Board of Adjustment (EBA)
A. The EBA will be composed of two (2) Coalition Union representatives from Local
1, AFSCME 2700, AFSCME 512, SEIU 1021 and/or Weste rn Council of
Engineers, no more than one (1) of whom may be an employee of the County,
two (2) management members named by the County, and an impartial arbitrator..
The Unions and the County will each appoint three (3) alternates who will serve
as the voting members of the Board if a member(s) is/are not available. A Union
Alternate from a different Union will serve as the voting member when the
appointed Union Board member is from the same Union as the grievant and a
County Alternate will serve as a voting member when a County Board member is
from the same Department as the grievant. Each Board member will serve for a
twelve (12) month term except that one member and one alternate initially
appointed by each side will serve a six (6) month term so that Boa rd member
terms are staggered.
B. The County and the Coalition Unions (hereafter “parties”) will choose an impartial
arbitrator to serve as the fifth (5) member of the EBA and serve as a tie -breaker
when the EBA is deadlocked. The parties will select the Arbitrator by forwarding
a list of individuals acceptable to a party to the other party. The parties will
continue this process until an impartial arbitrator is selected. The Arbitrator will
serve a one year term; however, the Arbitrator may be replaced at any time by
agreement between the Coalition Unions and the County. The Arbitrator will
render an immediate decision if the Board is deadlocked. All decisions rendered
by majority vote of the EBA are final and binding upon the Employer, the Union,
and the employee, to the extent provided by law .
C. Decisions rendered by the EBA must be within the scope of, and may not vary
from, the express written terms of th is Memorandum of Understanding.
D. The Union filing the grievance and the County will each pay one -half (1/2) of the
arbitrator’s fees and costs. If a majority of the EBA approves the services of a
court reporter and/or other special services, the Union and the County will each
pay one-half (1/2) of such expenses.
Procedures
A. The EBA will convene on the fourth (4th) Wednesday of each month unless
otherwise scheduled by mutual agreement.
B. The EBA will develop and adopt written rules of procedure to govern the conduct
of hearings by a majority vote.
C. Unless the EBA agrees otherwise by majority action, it will remain in session until
all grievances on the agenda have been heard.
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D. All grievances that are received by the Director of Human Resources at least ten
(10) working days prior to the next scheduled session of the EBA will be placed
on the agenda for the next regular meeting. By majority vote, the EBA may upon
request of the Union or the County waive this provision.
E. Upon the request of the Union filing the grievance or the County, a continuance
of a grievance will be granted until the next session.
F. Licensed Attorneys will not participate as Board members, advocates, or
advisors in Board hearings unless the attorney is also a union business agent or
Human Resources staff .
G. Meetings will be convened at a central location agreed to by the Unions and the
County.
H. Materials to be presented at the EBA will not be shared with the Board members
in advance of convening the Board.
The Expedited Board of Adjustment continues as a trial program expanded to apply to all
Coalition Unions. The parties will continually assess the effectiveness of the program
during the term of this MOU. The Expedited Board of Adjustment Program will terminate
on June 30, 2013, and does not continue beyond the expiration date of this MOU without
the express written agreement of the part ies to continue the program.
25.3 Scope of Adjustment Board, Arbitration Decisions, and Expedited Board of
Adjustment.
A. Decisions of Adjustment Boards , Arbitrators, and the Expedited Board of
Adjustment, on matters properly before them, are final and binding on the parties
hereto, to the extent permitted by law.
B. No Adjustment Board, Arbitrator or Expedited Board of Adjustment may
entertain, hear, decide or make recommendations on any dispute unless such
dispute involves a position in a unit represen ted by the Union which has been
certified as the recognized employee organization for such unit and under such
dispute falls within the definition of a grievance as set forth in Subsection 25.1
above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend,
or terminate this MOU, nor any matter or subject arising out of or in connection
with such proposals, may be referred to arbitration under this Section. No
Adjustment Board , Arbitrator, or Expedited Board of Adjustment has the power to
amend or modify this MOU or written agreements supplementary hereto or to
establish any new terms or conditions of employment.
D. If the Director of Human Resources in pursuan ce of the procedures outlined in
Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4
above resolve a grievance which involves suspension or discharge, they may
agree to payment for lost time or to reinstatement with or without pa yment for lost
time.
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E. No change in this MOU or interpretations thereof (except interpretations resulting
from Adjustment Board arbitration or Expedited Board of Adjustment proceedings
hereunder) will be recognized unless agreed to by the County and the Union.
25.4 Time Limits. The time limits specified above may be waived by mutual
agreement of the parties to the grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will automatically move to the nex t
step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the
grievance will be deemed to have been settled and withdrawn.
25.5 Union Notification. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Union, but is not represented by the
Union in the grievance, shall give the Union a copy of the formal presentation.
25.6 Compensation Complaints. All complaints involving or concerning the payment
of compensation shall be initially filed in writing with the Director of Human Resources.
Only complaints which allege that employees are not being compensated in accordance
with the provisions of this MOU shall be considered as grievances. Any other matters of
compensation are to be resolved in the meeting and conferring process, if not detailed in
the MOU which results from such meeting and conferring process shall be deemed
withdrawn until the meeting and conferring process is next opened for such discussion.
No adjustment shall be retroactive for more than six (6) months from the date upon
which the complaint was filed.
No change in this MOU or interpretations thereof (except interpretations resulting from
Adjustment Board or arbitration proceedings hereunder) will be reco gnized unless
agreed to by the County and the Union.
25.7 Strike/Work Stoppage. During the term of this MOU, the Union, its members
and representatives, agree that it and they will not engage in, authorize, sanction, or
support any strike, slowdown, stoppage of work, sick-out, or refusal to perform
customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm shall not be required to cross
the picket line, provided the employee advises his or her supervisor as soon as possible,
and provided further that an employee may be required to cross a picket line where the
performance of his or her duties is of an emergency nature and/or failure to perform
such duties might cause or aggravate a danger to public health or safety.
25.8 Merit Board.
A. All Grievances of employees in representation units represented by the Union
shall be processed under Section 25 unless the employee elects to apply to the
Merit Board on matters within its jurisdiction.
B. No action under Steps 3, 4 and 5 of Subsection 25.1 above shall be taken if
action on the complaint or grievance has been taken by the Merit Board, or if the
complaint or grievance is pending before the Merit Board.
25.9 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of this MOU.
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SECTION 26 - BILINGUAL PAY
A salary differential of eighty dollars ($80.00) per month shall be paid incumbents of
positions requiring bilingual proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be paid to eligible employees in
paid status for any portion of a given month. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the County. The Union shall be notified
when such designation s are made. Effective January 1, 2007, the differential shall be
increased to a total of one hundred dollars ($100.00) per month.
SECTION 27 – RETIREMENT CONTRIBUTION
27.1 Contribution. Effective on January 1, 2012 employees are responsible for the
payment of one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra Costa
County Employees’ Retirement Association without the County paying any part of the
employees’ contribution. Employees are also responsible for the payment of the
employees' contributions to the retirement cost of living program as determined annually
by the Board of Retirement without the County paying any part of the employees’
contributions. Except as provided in section 27.3 (Safety Employees Retirement)
subsection A, the County is responsible for one hundred percent (100%) of the
employer’s retirement contributions determined annually by the Board of Retirement.
27.2 Tier IV Retirement Plan- Employees Hired or Re-Hired After December 31,
2012.
A. For employees hired by the County after December 31, 2012, the
retirement formula will be two percent at sixty years of age ("2% at 60 ").
The cost of living adjustment to the retirement allowance will not exceed
two percent (2%) per year, and the cost of living adjustment will be
banked. The employee's final compensation will be based on his/her
average annual compensation earnable during a consecutive thirty -six
(36) month period. On the employee’s retirement date, the employee's
retirement allowance will not exceed ninety percent (90%) of his/her final
compensation. This retirement benefit will be known as "Tier IV."
B. The disability provisions for Tier IV will be the same as the current Tier II I
disability provisions.
C. Employees who left County service prior to December 31, 2012 and are
rehired after that date shall be automatically placed in Tier IV unless
otherwise required by law.
D. The County will seek enabling legislation amending th e County
Employees Retirement Law of 1937 to implement Tier IV. Draft language
will be submitted to Coalition representatives and made the subject of the
meet and confer process prior to introduction. The Union must support
the legislation, in addition to the County.
E. This Section 27.2 does not apply to employees employed at the Contra
Costa County Employees Retirement Association (CCCERA).
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27.3 Safety Employees Retirement
A. Tier A Enhanced Retirement Benefits – Employees Hired or Re -hired Before
January 1, 2013.
For County employees who are covered by this Agreement who are hired or re -
hired by the County before January 1, 2013, and are safety members of
CCCERA, the retirement formula shall be “3 percent at 50”. The cost of living
adjustment (COLA) to the retirement allowance shall not exceed three (3)
percent per year. The employee’s final compensation shall be calculated based
on a twelve (12) month salary average. This retirement benefit is known as Tier
A. Each employee in Tier A shall pay nine (9) percent of his or her retirement
base to pay part of the employer’s contribution for the cost of the Tier A
retirement benefit.
B. Tier D Retirement Benefit - Employees Hired or Re-Hired After December
31, 2012.
1. Retirement Benefit. For employees hired by the County after December 31,
2012, and designated by CCCERA as safety members, the retirement formula
will be three percent (3%) at fifty-five (55) years of age. The cost of living
adjustment to the retirement allowance will not exceed two percent (2%) per
year, and the cost of living adjustment will be banked. The employee's final
compensation will be based on his/her average annual compensation earnable
during a consecutive thirty-six (36) month period. On the employee’s retirement
date, the employee's retirement allowance will not exceed ninety percent (90%)
of his/her final compensation. This retirement benefit will be known as Safety
"Tier D."
2. The disability provisions for Tier D will be the same as the Tier A disabili ty
provisions.
3. Employees who left County service prior to December 31, 2012, and are rehired
after that date shall be automatically placed in Tier D unless otherwise required
by law.
4. The County will seek enabling legislation amending the County E mployees
Retirement Law of 1937 to implement Tier D. Draft language will be submitted to
Coalition representatives and made the subject of the meet and confer process
prior to introduction. The Union must support the legislation, in addition to the
County.
5. This Section 27.3 does not apply to employees employed at the Contra Costa
County Employees Retirement Association (CCCERA).
SECTION 28 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall govern reimbursement for training
and shall limit reimbursement for career development training to seven hundred fifty
dollars ($750) per year, except as otherwise provided in the supplemental sections of
this MOU. Registration and tuition fees for career development education may be
reimbursed for up to fifty percent (50%) of the employee’s net cost. Books necessary for
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courses taken for career development education may be reimbursed for up to one
hundred percent (100%) of the employee’s net cost.
SECTION 29 - SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES
For each two year period starting January 1, 2006, eligible employees will be allowed
reimbursement for the purchase and repair of safety shoes , and the purchase of toe
guards, up to a maximum of two hundred and seventy-five dollars ($275) There is no
limitation on the number of shoes or toe guards, or number of repairs allowed.
The County will provide those employees currently eligible for safety shoe allowance
with two (2) methods for purchasing safety shoes:
A. Reimbursement for the purcha se and repair of safety shoes up to the maximum
amount stated above for each two (2) year period.
B. Voucher obtained from the eligible employees’ Department for an identified
vendor for the purchase of safety shoes up to the maximum amount stated above
for each two (2) year period.
C. The County agrees to provide a second vendor for the purchase of safety shoes.
The County will endeavor to secure Red Wings as the second vendor and to
identify two locations where the shoes may be obtained by voucher.
The eligible employee will inform his/her Department’s accounting section of the desired
method for purchasing safety shoes at the beginning of each calendar year.
The County will reimburse eligible employees for prescription safety eyeglasses which
are approved by the County and are obtained from such establishment as required by
the County up to one (1) pair per year.
The County agrees to modify the prescription safety glasses allowance to reflect an
additional $20 allowance annually for lenses, and an addi tional $10.00 allowance
annually towards the purchase of safety frames.
Additionally, the County will modify the current contract with Vendor to allow employees
to upgrade to Featherwate Lens Types (High Impact). Any additional cost for current
contract upgrades or Featherwate lens types (High Impact) upgrades that exceeds the
County allowance as noted above will be borne by the employee.
SECTION 30 - VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAMINATION
Employees in the Library Unit, Probation Unit, and Inv estigative Unit shall be eligible to
receive an annual eye examination on County time and at County expense in
accordance with the following conditions:
A. Eligible employees must use a video display terminal at least an average of two
hours per day as certified by their department.
B. Eligible employees who wish an eye examination under this program should
request it through the County Human Resources Department, Benefits Division,
who will arrange for eye examinations and monitor the results on a County -wide
basis.
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C. Should prescription VDT glasses be prescribed for an employee following an eye
examination, the County agrees to provide, at no cost, the basic coverage
including a ten ($10) dollar frame and single vision lenses. Employees may,
through individual arrangement between the employee and his/her doctor, and
solely at the employee's expense, include bifocal, trifocal or blended lenses and
other care, services or materials not covered by the plan. The basic plan
coverage, including the examination, may be credited toward the employee
enhanced benefit.
SECTION 31 - PERFORMANCE EVALUATION PROCEDURE
The following procedures shall apply in those departments which already have a formal
written performance evaluation system. Nothing herein shall be con strued to require the
establishment of such a system where it does not currently exist.
A. Goal: A basic goal of the employee evaluation is to help each employee perform
his/her job more effectively to the mutual benefit of the employee and the County.
The evaluation process provides an ongoing means of evaluating an employee's
job performance and promoting the improvement of the job performance.
The evaluation process also provides the opportunity to recognize and document
outstanding service as well as service that has been unsatisfactory to the
County.
B. Frequency of Evaluation.
1. Probationary employees shall be evaluated at least once during their
probationary period.
2. Permanent employees may be evaluated every year.
C. Procedure.
1. An employee shall generally be evaluated by the first level management
supervisor above the employee.
2. It will be necessary in some cases for a supervisor to consult with the
employee's immediate work director in order to make a comprehensive
evaluation.
3. Where feasible, evaluations will be based primarily on observation by the
evaluator of the employee in the performance of his/her duties.
Comments based on secondary information shall have supportive
documentation.
4. An employee will be informed in advanc e of a meeting with his/her
supervisor to discuss the employee's evaluation and to put the evaluation
in writing on the department evaluation forms.
5. The employee shall be informed of his/her right to prepare and have
attached to the evaluation form any written comments which the
employee wishes to make.
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6. When an employee is rated below satisfactory on any factor, the
evaluation will give the reasons for such rating and include specific
recommendations for improvement in writing.
7. The employee's signing of an evaluation form does not necessarily mean
that the employee agrees with the evaluation but it does mean that the
employee has had an opportunity to discuss the evaluation with his/her
evaluator.
8. The employee will be given a copy of his/her completed evaluation form
at the time form is signed by the employee. (Confirmation of final version
to be received later.)
9. Any rating below average or unsatisfactory shall be supported by written
documentation received by the employee at the time the incident(s)
occurred.
10. Nothing shall be added by management to an evaluation after the
employee has signed and received a copy of the evaluation without the
employee’s written acknowledgment.
Failure to follow the foregoing procedure is subject to the grievance procedure.
However, disputes over the actual content or ratings themselves in individual evaluations
are not grievable, but may be mediated by the Director of Human Resources upon
request of either the employee or the Department. Prior to being mediated by the
Director of Human Resources either party may request fact finding to assist in the
resolution of the dispute. One (1) fact finder shall be selected by each party to the
dispute within ten (10) work days from the initial request for fact fin ding. The fact finders
shall have twenty (20) work days from notice of selection to investigate and render
opinions to the Director of Human Resources.
SECTION 32- MILEAGE
32.1 Reimbursement for Use of Personal Vehicle. The mileage allowance for use
of personal vehicles on County business shall be paid according to the rates allowed by
the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the
date it becomes effective or the first of the month following announcement of the
changed rate by the Internal Revenue Service, whichever is later.
32.2 Charge For Use of Home Garaged County Vehicle. Employees hired after July
1, 1994 who are assigned vehicles to garage at home will be charged the IRS mileage
rate for all commute miles driven outside the limits of Contra Costa County that exceed
thirty (30) miles round-trip in any one day.
SECTION 33 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor -Controller's Department
that the error will be corrected and a new warrant issued within forty -eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the time the Department is made
aware of and verifies that the pay warrant is in error. If the pay warrant error has
occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the
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employee who is receiving the pay, the error will be corrected as soon as possible from
the time the department is made aware that pay warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current pay rate
but that no recovery of either overpayments or u nderpayments to an employee shall be
made retroactively except for the six (6) month period immediately preceding discovery
of the pay error. This provision shall apply regardless of whether the error was made by
the employee, the appointing authority or d esignee, the Director of Human Resources or
designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over
or underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and proposed repayment
schedule and the employee wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined.
If requested by the employee, a Union representative may be present at a meeting with
management to discuss a repayment schedule in the case of overpayments to the
employee.
SECTION 34 - FLEXIBLE STAFFING
Certain positions may be designated by the Director of Human Resources as flexibly
staffed positions. Positions are generally allocated at the first level of the job series when
vacated. When the position is next filled and an incumbent of one of these positions
meets the minimum qualifications for the next higher level and has met appropriate
competitive requirements he or she may then be promoted to the next higher
classification within the job series without need of a classification study. If an operating
department verifies in writing that an administrative or clerical error was made in failing
to submit the documents needed to promote an employee on the first of the month when
eligible, said appointment shall be made retroactive to the first of the month when
eligible. An employee who is denied a promotion to a flexibly staffed position may appeal
such denial to the Merit Board.
SECTION 35 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in a
class for which no reemployment or employment list is available, or in a class for which
no eligible or insufficient eligibles to complete the certifi cation will accept appointment to
the position, the Director of Human Resources may authorize the appointing authority to
appoint any person who possesses the minimum qualifications for the class as set forth
in the class specifications, provided that the names of eligibles available and the names
of persons who have indicated the intention to take the next examination for the class
shall be referred to the appointing authority at the time authorization is issued.
In no case shall a permanent position be f illed by a provisional appointment for a period
exceeding six (6) calendar months except under the following conditions:
A. If an examination has been announced for the class and recruitment of
applicants is in process, the Director of Human Resources may authorize a
continuation of provisional appointments until an eligible list is established.
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B. In case of a provisional appointment to a permanent position vacated by a leave
of absence, such provisional appointment may be continued for the duration of
said leave.
A provisional appointment shall be terminated within thirty (30) days after the date of
certification of eligibles from an appropriate eligible list. All decisions of the Director of
Human Resources relative to provisional appointments are fina l and not subject to the
grievance procedure.
Before filling a position by a provisional appointment, the appointing authority shall post
notice and shall consider current qualified employees for the appointment. Only if there
are insufficient internal applicants to constitute a full certification may the appointing
authority consider applicants from outside County service.
SECTION 36 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel file in the Human
Resources Department or in the employee's personnel file in their Department. The
employee’s union representative, with written authorization by the employee, shall also
have the right to inspect and review any official record(s) described above. The contents
of such records shall be made available to the employee and/or the employee’s union
representative, for inspection and review at reasonable intervals during the regular
business hours of the County. Employees shall be permitted to review their personnel
files at the Personnel office during their working hours. For those employees whose
work hours do not coincide with the County’s business hours, management shall provide
a copy of the employee’s personnel file for the employee’s review. The custodian of
records will certify that the copy is a true and correct copy of the original file.
The County shall provide an opportunity for the employee to respond in writing to any
information which is in the employee’s personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record. The
employee shall be responsible for providing the written responses to be included as part
of the employee's official personnel file. This section does not apply to the records of an
employee relating to the investigation of a possible criminal offense, medical records an d
information or letters of reference.
Counseling memos, which are not disciplinary in nature , are to be retained in the file
maintained by the employee's supervisor or the person who issued the counseling
memo and are not to be transferred to the employe e's central file which is normally
retained by the Human Resources Department unless such memos are subsequently
used in conjunction with a disciplinary action such as a letter of reprimand.
All documents pertaining to disciplinary actions shall be placed in the employee's official
personnel file within five (5) work days after the time management becomes aware of the
incident and has completed its investigation as to whether the employee is culpable and
shall be date stamped or dated at time of entry. Thi s section is not intended to include
supervisor's notes or reminders of specific incidents or ongoing reports such as
attendance records. Generally, such investigations should be completed within thirty (30)
calendar days of the date management becomes awa re of the incident(s), it being
understood that under certain circumstances such as the unavailability of witnesses or
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the possibility of a criminal act having been committed may cause the investigation to
take longer than the aforementioned thirty (30) da ys.
Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory
performance which are to be placed in the employee's personnel file shall be given to an
employee who shall have the right to respond in writing to said documents.
Letters of reprimand are subject to the grievance procedure but shall not be processed
past Step 3 unless said letters are used in a subsequent discharge, suspension or
demotion of the employee, in which case an appeal of the letters of reprimand may be
considered at the same time as the appeal of the discipli nary action. Prior to being
submitted to Step 3 of the grievance procedure, either party may request fact finding to
assist in the resolution of the dispute. One (1) fact finder shall be selected by ea ch party
to the dispute within ten (10) work days from the initial request for fact finding. The fact
finder shall have twenty (20) work days from notice of selection to investigate and render
opinions to the Director of Human Resources.
Copies of letters of commendation which are to be placed in the employee's personnel
file will be given to the employee. Employees have the right to review their official
personnel files which are maintained in the Human Resources Department or by their
departments. In a case involving a grievance or disciplinary action, the employee's
designated representative may also review his/her personnel file with specific written
authorization from the employee. The County shall supply the Union with lists of official
personnel files and locations. Derogatory material in an employee's personnel file over
two years old will not be used in a subsequent disciplinary action unless directly related
to the action upon which the discipline is taken. Derogatory material does not include
prior suspensions, demotions or dismissals for cause.
The County will participate in a committee of four (4) union and four (4) operating
department managers to revise and clarify MOU Section 36, Personnel Files. Subject
committee will be chaired by a non -voting chairperson from the County Human
Resources Department and will hold their first meeting within ninety (90) days of
approval of this MOU and will issue a report within one hundred eighty (180) days of the
date of the first meeting.
SECTION 37 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards including
time off provided, however, that the type of award given shall be at the sole discretion of
the County.
The following procedures shall apply with respect to ser vice awards:
A. Presentation Before the Board of Supervisors. An employee with twenty (20) or
more years of service may go before the Board of Supervisors to receive his/her
Service Award. When requested by a department, the Human Resources
Department will make arrangements for the presentation ceremony before the
Board of Supervisors and notify the department as to the time and date of the
Board meeting.
B. Service Award Day Off. Employees with fifteen (15) or more years of service are
entitled to take a day off with pay at each five (5) year anniversary.
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SECTION 38 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
A. When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
B. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment.
C. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, and speakers
or honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or more hours of overtime or
scheduled to work overtime with less than twenty-four (24) hours notice; in this
case he or she may be reimbursed in accordance with the Administrative Bulletin
on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the facility
in the case of employees at twenty-four (24) hour institutions.
SECTION 39 - DETENTION FACILITY MEALS
The charge for a meal purchased in a detention facility by employees represented by
Local No. 1 is one dollar ($1.00) per meal. Employees assigned to a detention facility are
not, however, required to purchase a meal.
SECTION 40 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
A. The loss or damage must result from an event which is not normally encountered
or anticipated on the job and which is not subject to the control of the employee.
B. Ordinary wear and tear of personal property used on the job is not compensated.
C. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of duty.
E. The loss or damage was not a result of negligence or lack of proper care by the
employee.
F. The personal property was necessarily worn or carried by the employee in order
to adequately fulfill the duties and requirements of the job.
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G. The loss or damage to employees eyeglasses, dentures or other prosthetic
devices did not occur simultaneously with a job connected injury covered by
Workers' Compensation.
H. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be limited to
the actual value of the item at the time of loss or damage but not more than the
original cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
SECTION 41 - UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor practice as defined in Board of
Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor
practice, if not resolved in discussions between the parties within thirty (30) work days
from the date of receipt, may be heard and decided by a mutually agreed upon impartial
third party.
SECTION 42 - HARASSMENT
Harassment is any treatment of an employee which has the purpose or effect of affecting
employment decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile working
environment. Such conduct includes but is not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical co nduct of a sexual nature;
arbitrary or capricious changes of assignments, or display of a hostile attitude toward an
employee by a supervisor which is not justified or necessary in the proper supervision of
the work of the employee.
SECTION 43 - LENGTH OF SERVICE DEFINITION (For Service Awards and
Vacation Accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence). When
an employee separates from a permanent position in good standing and within two (2)
years is reemployed in a permanent County position, or is reemployed in a permanent
County position from a layoff list within the period of layoff eligibility, service credits shall
include all credits accumulated at time of separation, but shall not include the period of
separation. The Director of Human Resources shall determine these matters based on
the employee status records in his department.
SECTION 44 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits. They
are eligible for health, dental and life insurance benefits at corresponding premium rat es
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providing they work at least fifty percent (50%) of full -time. If the employee works at least
fifty percent (50%) of full-time, County retirement participation is also included.
SECTION 45 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
SECTION 46 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN
46.1 A permanent-intermittent employee represented by Contra Costa County
Employees Association, Local No. 1 may participat e in the County Group Health Plans if
combined medical, dental and life insurance coverage is wholly at the employee's
expense but at the group insurance rate. The County will not contribute to the
employee's monthly premium. The employee will be responsib le for paying the monthly
premium appropriately and punctually. Failure to meet the premium deadline will mean
automatic and immediate withdrawal from the County Group Health Plans and
reinstatement may only be effectuated during the annual open enrollmen t period.
46.2 The following benefit program shall be offered to permanent -intermittent
employees:
A. Program. The County shall offer CCHP Plan A-2 at the subsidy rate below to
those permanent-intermittent employees who meet and maintain eligibility.
i. Through December 31, 2009 the County will pay the monthly premium subsidy
of sixty-four percent (64%) of the cost of the CCHP Plan A -2 premium for a
single individual.
ii. Beginning on January 1, 2010, and for each calendar year thereafter, the
County will pay a monthly premium subsidy for CCHP Plan A -2 that is equal to
sixty percent (60%) of the total monthly premium that is paid for a single
individual for the plan in 2010. If there is an increase in the premium charged
for a single individual by CCHP Plan A-2 for 2011, the County and the
employees will each pay fifty percent (50%) of that portion of the premium
increase that does not exceed eleven percent (11%) of the 2010 premium
charged for a single individual by the CCHP Plan A -2 health plan. If the
premium increase for 2011 exceeds eleven percent (11%) of the 2010
premium charged for a single individual by the CCHP Plan A -2 health, the
County additionally will pay that portion of the premium increase charged for a
single individual that exceeds eleven percent (11%) of the 2010 premium.
iii. After June 29, 2011, the County will pay a monthly premium subsidy for the
CCHP Plan A -2 that is equal to the actual dollar amount of the monthly
premium subsidy that is paid by the County in the month of May 2011. The
amount of the County subsidy that is paid will thereafter be a set dollar amount
and will not be a percentage of the premium charged by the CCHP Plan A -2.
B. Eligibility. Initial eligibility shall be achieved when an employee has worked thr ee
(3) continuous months of service at an average of fifty percent (50%) time per
month. In order to maintain eligibility, a permanent -intermittent employee must
remain in paid status during each successive month.
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C. Pre-Pay. Employees who have achieved eligibility under the terms of 46.2b will
pre-pay the employee’s portion of the premium cost so that the effective date of
enrollment begins effective the first of the month of eligibility. Employees must
continue to pre-pay their portion of the health ins urance premium in order to
continue benefits. In addition, employees who meet the eligibility requirements
and who have been voluntarily paying the total premium for one of the County
Group Health Plans shall be allowed to enroll in CCHP Plan A -2 without a waiting
period.
D. Family Coverage. Employees may elect to purchase at their own expense,
family coverage, including domestic partner, and shall follow the procedures
outlined in C. above for payment for this optional coverage.
E. Implementation. Open Enrollment periods shall be for thirty (30) days and
coincide with the open enrollment period for County employees. Permanent -
intermittent employees who are not currently eligible, but who subsequently meet
the eligibility requirements, shall be notified of their eligibility and shall have thirty
(30) days to decide whether or not to elect coverage under this program.
F. Employees who are temporarily ineligible may purchase, at their own cost, the
plan in accordance with the procedures set forth by the Co ntra Costa County
Health Plan.
Nothing in Section 46.2 shall prevent an employee from electing health coverage under
either Section 46.1 or Section 46.2
SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave benefits.
Provisional employees may participate in the County Group Health Plan of combined
medical, dental and life insurance coverage wholly at the e mployee's expense but at the
group insurance rate. The County will not contribute to the employee's monthly premium.
The employee will be responsible for paying the monthly premium appropriately and
punctually. Failure to meet the premium deadline will mea n automatic and immediate
withdrawal from the County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 48 - HAZARD PAY DIFFERENTIAL FOR HEALTH SERVICES
EMPLOYEES
Any employee assigned to a position which 1) involves some number of work hours
assigned to Wards 4C and 4D, Hospital Emergency Room, Hospital Reception Center,
Main Detention Facility, Richmond Psychiatric Emergency Room, or Conservatorship
Program, or 2) requires continuous direct conta ct with patients having a contagious
disease, or 3) any other employee whom the Board of Supervisors may by resolution
authorize, shall receive per hour worked a premium of five percent (5%) of the hourly
equivalent of his/her base rate in addition to his/her regular compensation and in
addition to the shift differential provided for in this MOU where he/she meets the
requirements of both Section 10 and this Section.
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SECTION 49 - LUNCH PERIOD
Employees who are in a pay status during their lunch are on call during their lunch
period. Employees who are not in a pay status during their lunch are on their own time
during their lunch period.
SECTION 50 - REST BREAKS
Employees shall be entitled to a rest break for each four (4) hours of work. Scheduling of
rest breaks shall be determined by management.
SECTION 51 - HEALTH EXAMINATION
Employees of the County who work in a Health Services Department facility will annually
be required to complete a Health Questionnaire and take a Tuberculosis Skin Test. In
the event that an employee had a positive reaction to a Tuberculosis Skin Test, said
employee will be requested to show proof of having had two (2) negative chest x -rays at
least one year apart.
Employees will also be requested to be screened for Rubella immunity . If the result of
the Rubella test is negative, the appointing authority or designee will recommend that
the employee become immunized. If the employee has direct patient contact and refuses
to become immunized, an attempt will be made to relocate the emp loyee to a non-
patient care area if possible.
SECTION 52 - CLASSIFICATION STUDIES, SPECIAL STUDIES OR OTHER
ACTIONS
A. The County and Local One agree to establish a subcommittee comprised of
three (3) labor and three (3) management employees to review the MOU and to
identify and recommend to the parties, the corrections of all typographical errors,
inadvertent errors and omissions, and the deletion of obsolete language.
B. Wellness Incentive Program. A broad-based pilot Wellness Incentive Program
will be developed with input from the joint Labor/Management Wellness
Committee. The purpose of this program will be to reward County employees
with incentives for participating in Wellness Program activities and encourage
them to live healthier lifestyles. The Wellness Committee will work closely with
the Human Resources Department on program design and implementation.
Program Design. The Wellness Incentive Program design will include the
development of additional wellness activities to compliment the curren t Employee
Wellness Program schedule and collaboration with health plan carriers to
develop special programs and activities for County employees and to encourage
participation in their established wellness activities. Special emphasis will be
placed on supporting major programs such as: Smoking Cessation,
Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health
Fairs.
Format. A point value system for program participation will be developed
wherein each wellness activity and program will be assigned a point value. Points
will accumulate and incentive prizes will be awarded to employees upon realizing
certain point levels. The value of the prizes will increase with higher point values
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and one (1) grand prize will be awarded each year to the e mployee with the
highest number of points.
Incentives. A series of incentive prizes will be assigned to certain point values. In
addition, recognition for employee and department participation will be an
important aspect of the Wellness Incentive Progra m.
Referral. The parties agree to refer the contents of this proposal to the Wellness
Committee for its consideration.
C. Other Actions. Permanent-Intermittent and Permanent Part-time employees in
classes represented by Local No. 1 who wish to have th e hours of their position
increased, must so request in writing. These requests must be received by the
employee's department during the month of January and/or July for the duration
of this MOU.
Departments reviewing these requests will evaluate them wit hin thirty (30) days
of their receipt by considering the actual hours assigned to and worked by the
employee during the previous six (6) months and the anticipated continuing need
from their assignment on an increased basis.
Those requests which are appro ved by the department for an increase in hours
will be submitted for consideration by the County as a P300 request within an
additional sixty (60) days.
Nothing contained herein shall conflict with layoff/reemployment provisions.
D. The County and Local One agree to work out a mutually satisfactory policy
regarding scheduling of vacations in the Library with particular attention to
scheduling of employees who work at “paired branches.”
SECTION 53 - TEMPORARY EMPLOYEES
A. Temporary Employees. Temporary employees hired on or after January 1, 1997
may work a maximum of 1600 hours within a department. Thereafter, that
temporary may not work in that department for one year as a temporary.
Temporary employees hired after March 1, 2000 in the classificatio ns listed
below, may work a maximum of 2080 hours within the Probation Department.
Thereafter, that temporary may not work in the Probation Department for one
year as a temporary.
IKWA Cook
GK7A Custodian
1KVD Institutional Services Worker
Nothing in this section shall preclude a department from terminating a temporary
prior to the temporary reaching the maximum hours allowable.
This Subsection A shall be inapplicable to the following classifications:
Family Support Collection Officer
Occupational Therapists - Per Diem
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Physical Therapists - Per Diem
Temporary appointments to fill vacancies resulting from leaves of absence i.e.,
maternity leaves, medical leaves, Workers’ Compensation), temporary
assignments for pre-specified periods and short-term, specified seasonal work,
are excluded.
Nothing in this agreement precludes the parties from meeting and conferring over
future exceptions.
B. The County may employ temporary employees in excess of 1600 hours for the
following reasons:
1. To cover for employees on leaves of absence, e.g., maternity, military,
medical, workers’ compensation.
2. While a department is actively recruiting to fill a position.
3. For regular recurring departmental needs, e.g., election season (Clerk -
Recorder), property tax season (Treasurer-Tax Collector), and “closing the
assessment roll” season (Assessor).
4. Temporary assignments for pre-determined periods of time, as
determined by the hiring department.
5. For short term seasonal work needed by a department , not to exceed
1600 hours.
The County may not replace a temporary employee with another temporary
employee except as provided in Subsections 1, 2, 3, and 4 of this Section B.
above.
The County will notify the union in advance of the period of the temporary
assignment under Subsection 4. and the period of the seasonal assignment
under Subsection 5.
C. Student Worker/Administrative Intern: The County may employ a person as a
Student Worker or an Administrative Intern only if that person is enrolled in a
school and is performing work for the County that is related to his/her course of
study, interest, aptitude, or education, provided however, that a student
worker/administrative intern hired for the summer may perform work not related
to his/her course of study, inte rest, aptitude or education. Student Workers and
Administrative Interns may not be used in lieu of hiring regular County
employees.
D. The County may employ temporary agency employees in a manner consistent
with Government Code Section 31000.4, which pro vides: “The board of
supervisors may contract with temporary help firms for temporary help to assist
county agencies, departments or offices during any peak load, temporary
absence, or emergency other than a labor dispute, provided the board
determines that it is in the economic interest of the county to provide such
temporary help by contract, rather than employing persons for such purpose.
Use of temporary help under this section shall be limited to a period of not to
exceed 90 days for any single peak load, temporary absence, or emergency
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situation.”
E. The County will provide to the union a temporary employee report to show the
total number of hours worked by each County temporary employee and each
temporary agency employee and not merely the annual number of hours. It shall
also include the reason the County temporary employee was hired by referring to
one of the 5 reasons specified in B above or the reason the temporary agency
employee was hired as set forth in paragraph D .
F. Appointment to a Permanent Position. If a temporary employee is appointed to a
permanent position, credited paid time off hours and earned, but not yet credited
paid time off hours, shall be converted to vacation hours and subject to the MOU
provisions relating to vacation, except that when a temporary employee is
appointed to a permanent position, the employee shall be allowed to use the
earned paid time off hours during the first six (6) months of employment in a
permanent position.
G. Health Benefits for Temporary Employees. The following benefit program shall
be offered to temporary employees:
1. Program. The County shall offer CCHP Plan A -2 at the subsidy rate
below to those temporary employees who meet and maintain eligibility.
a. Through June 29, 2011, the county will pay the monthly premium
subsidy of fifty percent (50%) of the cost of the CCHP Plan A -2
premium for a single individual.
b. After June 29, 2011, the County will pay a monthly premium subsidy
for the CCHP Plan A -2 that is equal to the actual dollar amount of the
monthly premium subsidy that is paid by the County in the month of
May 2011. The amount of the county subsidy that is paid will
thereafter be a set dollar amount and will not be a percentage of the
premium charged by the CCHP Plan A -2.
2. Eligibility. Initial eligibility shall be achieved when an employee has
worked three (3) continuous months of service at an average of fifty
percent (50%) time per month. In order to maintain eligibility, a temporary
employee must remain in paid status a minimum of forty (40) hours during
each successive month and maintain an average of fifty percent (50%)
time year-to-date from the date of eligibility.
3. Pre-Pay. Employees who have achieved eligibility under the terms of D.2
will pre-pay the employee’s portion o f the premium cost so that the
effective date of enrollment begins effective the first of the month of
eligibility. Employees must continue to pre -pay their portion of the health
insurance premium in order to continue benefits. In addition, temporary
employees who meet the eligibility requirements and who have been
voluntarily paying the total premium for a County Group Health Plan shall
be allowed to enroll in CCHP Plan A-2 without a waiting period.
4. Family Coverage. Employees may elect to purchase at their own
expense, family coverage, including domestic partner, and shall follow the
procedures outlined in 3. above for payment for this optional coverage.
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5. Implementation. Open Enrollment periods shall be for thirty (30) days
and coincide with the op en enrollment period for County employees.
Temporary employees who are not currently eligible, but who
subsequently meet the eligibility requirements, shall be notified of their
eligibility and shall have thirty (30) days to decide whether or not to elect
coverage under this program.
H. Upon receipt of a request by the Union, the Human Resources Department
agrees to meet to discuss the issues related to continuous testing and the
frequency of such testing regarding specific classifications.
I. Effective January 1, 2000, the County shall provide quarterly reports regarding
temporary employees which include the following information: employee name,
classification, department, mail drop I.D., and number of hours worked in all
classifications and departments.
SECTION 54 - ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and Ordinances, where necessary,
shall be prepared and adopted in order to implement these provisio ns. 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 55 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS
55.1 Scope of Agreement. Except as otherwise specifically provided herein, this
MOU fully and completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any and all matters
subject to meet and confer. Neither party shall, during the term of this MOU demand any
change herein, provided that nothing herein shall prohibit the parties from changing the
terms of this MOU by mutual agreement.
55.2 Separability of Provisions. Should any section, clause or provision of this
MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of
competent jurisdiction, such invalidation of such section, clause or pro vision shall not
invalidate the remaining portions hereof, and such remaining portions shall remain in full
force and effect for the duration of this MOU.
55.3 Personnel Management Regulations. Where a specific provision contained in
a section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. Those
provisions of the Personnel Management Regulations within the scope of representation
which are not in conflict with the provisions of this MOU and those provisions of the
Personnel Management Regulations which are not within the scope of representation
shall be considered in full force and effect.
55.4 Duration of Agreement.
This Agreement will continue in full force and effect from July 1, 2011 to and including
June 30, 2013. 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.
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SECTION 56 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amended, may govern certain terms and conditions of
the employment of employees covered by this MOU. It is anti cipated that compliance
with the Act may require changes in some of the County policies and practices currently
in effect or agreed upon. If it is determined by the County that certain working conditions,
including but not limited to work schedules, hours of work, method of computing
overtime, overtime pay and compensatory time off entitlements or use, must be changed
to conform with the Fair Labor Standards Act, such terms and conditions of employment
shall not be controlled by this MOU but shall be subjec t to modification by the County to
conform to the federal law, without further meeting and conferring. The County shall
notify the Union (employee organizations) and will meet and confer with said
organization regarding the implementation of such modificat ions.
SECTION 57 – SAFETY IN THE WORKPLACE
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficie nt operations.
Departments without a Safety Committee shall establish a committee within ninety (90)
days of the effective date of this agreement. The Union shall appoint all labor
representatives to the Committee. All Safety Committees shall schedule t heir meetings.
SECTION 58- UNIT ITEMS
Specific working conditions for the various units represented by the Union are listed in
Attachments 58.1 through 58.10.
58.1 Agriculture - Animal Services Unit
Department of Agriculture Personnel
A. As circumstances dictate, the Safety Committee for the Department of
Agriculture will remain in effect and will continue to be constituted as follows: One
(1) Agricultural Biologist, one (1) Weights & Measures Inspector and one (1) Pest
Detection Specialist and approp riate management representatives.
B. Permanent employees in the classifications of Agricultural Biologist II, and
Agricultural Biologist/Weights & Measures Inspector III who possess a valid
license as a Deputy Agricultural Commissioner shall receive a sa lary differential
of three and one-half percent (3 ½%) of base pay. Employees who have both the
Deputy Agricultural Commissioner license and a Deputy Sealer of Weights and
Measures license will only be eligible for one three and one -half percent (3 ½%)
salary differential.
C. In recognition of the fact that they work full-time for a significant portion of each
year, Permanent-Intermittent employees in the classes of Pest Detection
Specialist-Project (B9W1) and Glassy-Winged Sharpshooter Specialist – Project
(B9W3) shall be paid for eight (8) hours on any recognized County holiday that
occurs in a month where they are in a pay status for eight (8) hours on each work
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day in that month. In those months in which the employees are continuously
employed, both at the beginning and the end of the month, but are not in a pay
status for eight (8) hours on each work day, they shall be paid a pro rata share of
the eight (8) hours holiday pay based on the portion of the work hours in the
month that they were in a pay status.
D. Permanent employees in the classification of Weights & Measures Inspector II,
Weights & Measures Inspector III and Agricultural Biologist/Weights & Measures
Inspector III who possess a valid license as a Deputy Sealer of Weights and
Measures, shall receive a salary differential of three and one -half percent (3 ½%)
of base pay. Employees who have both the Deputy Agricultural Commissioner
license and a Deputy Sealer of Weights and Measures license will only be
eligible for one three and one-half percent (3 ½%) salary differential.
E. Two (2) employees, as designated by the Department in the classification of
Weights & Measures Inspector II or Agricultural Biologist/Weights & Measures
Inspector III shall receive a two and one -half percent (2.5%) differential of base
pay for operating specialized large capacity inspection equipment. A Class “A”
California Driver’s license with a Hazardous Materials Endorsement is required
for this differential.
Animal Services Personnel
A. Letters of commendation rec eived by the Department shall be placed in the
individual employee file.
B. Duffel Bag. The Animal Services Department agrees to provide all Animal
Services Officers with a duffel/equipment bag for equipment. These bags will be
the property of the Animal Services Department and labeled as such.
C. Uniforms. The uniform allowance for employees in the classification of Animal
Services Officer and Animal Services Sergeant shall be $800.00 per year.
Uniforms must be maintained at a standard acceptable to th e department. If an
increase in the uniform allowance is subsequently approved for Deputy Sheriffs,
Animal Services Officers and Animal Services Sergeants shall receive an
increase equal to that received by Deputy Sheriffs .
D. The Animal Services Officers and Sergeants shall follow the dress code in
Chapter 3 of the Officers Field Service Manual.
Raingear. The Animal Services Department agrees to provide Kennel staff with
raingear as needed for working outside the shelter.
The Animal Services Departme nt agrees to reimburse Kennel Staff (Kennel Staff
refers to employees who, on a daily basis, clean and maintain kennels, cat
cages, corrals, stalls, and other animal holding cages. The current classifications
include Senior Animal Center Technician, Animal Center Technician, Utility
Workers, and Special Qualification Worker), for the purchase of black or blue
denim trousers up to two hundred dollars ($200.00) per employee per year.
F. Departmental Fee Reimbursement. Once during the term of this MOU, each
employee in the Animal Services Department may be reimbursed for
departmental license and adoption fees incurred by the employee in an amount
not to exceed the amount charged by the department for these fees. An
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LOCAL 1 2011-2013
employee adopting an animal under this sect ion shall be responsible for payment
of all other normal and customary fees associated with that adoption.
G. Outerwear. The County will reimburse Kennel Staff up to sixty dollars ($60.00)
per year for the purchase of outerwear of a type approved by the Department.
H. The Safety Committee for the Department of Animal Services will remain in effect
and will continue to be constituted as follows: One (1) Animal Services Officer
and one (1) Animal Center Technician and appropriate management
representatives. Committee meetings will be held at least once quarterly,
provided that either the union or management may call meetings more frequently
to discuss safety issues.
I. The Animal Services Department has instituted a one -half (½) hour lunch period
for all employees in the classification of Animal Center Technician. Management
will determine the time of the lunch period and the starting and quitting times for
each employee. Crucial to the continuance of the one -half (½) hour lunch period
will be the impact on service to the public.
J. The Animal Services Department agrees to continue the current policy of
allowing Animal Services Officers and Kennel personnel to sign up for shifts on
the basis of seniority.
K. The Animal Services Department intends to cont inue the current 4/10 work
schedule for the duration of this MOU. Both the County and the Union
understand that continuation of the 4/10 work schedule during the term of this
MOU is contingent on adequate funding and retention of sufficient non -
probationary personnel to insure adequate service levels. The determination of
adequate funding, staffing and service levels is the sole prerogative of the
Department, except to the extent required by law to meet and confer on the
impact of staffing levels. The Count y agrees to notify the Union and to meet and
confer if the 4/10 schedule is to be terminated.
L. Animal Services Officers who are required to testify in Court on their day off will
receive a minimum of four (4) hours of overtime pay.
M. For employees in the Animal Services Department assigned to units or services
on a shift operational cycle which includes Saturday as designated by the
appointing authority (rather than Monday through Friday, eight (8) hours per day
or 9/80 schedule), holidays will be obse rved on the day on which the holiday falls
even if it is a Saturday.
N. Animal Services Officers Participating in Search Warrants. The Department will
compensate individual Animal Services Officers in the amount of one hundred
dollars ($100.00) per incident for time spent in assisting police agencies in the
serving of search warrants. Only employees involved in actual entry team
activities shall be so compensated. The Department continues to retain the sole
right to select and assign Animal Services Officers to such search warrant duty.
No provision of this section or its application shall be subject to the grievance
procedure.
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O. Life Insurance. Effective January 1, 1997, $45,000 Group Term Life Insurance
will be provided for Animal Services Officers. Premiums for this insurance will be
paid by the County with conditions of eligibility to be reviewed annually.
P. The County agrees that if there are amendments to State law during the term of
this agreement that allow employees in the Animal Services Of ficer series to be
eligible for safety retirement, and such amendments are adopted by Resolution
of the Contra Costa County Board of Supervisors, the County will meet and
confer on this issue.
Q. Surgical Scrubs. The Animal Services Department shall provide medical staff
who work in the Spay/Neuter Clinic or in Shelter Surgery with surgical scrubs.
The employee is responsible for cleaning and maintenance of the garments.
R. Kennel Staff Facial Hair. Kennel Staff are allowed to have neatly trimmed and
groomed Facial Hair as follows:
Moustache
Moustache and Goatee
Goatee
58.2 - Attendant-LVN-Aide Unit
A. Each permanent employee working in the Hospital Nursing Service and who
qualifies for paid holidays shall not be required to work on at least one (1) of the
following holidays each year: Thanksgiving, Christmas, New Year's Day.
B. Employees in this unit who are employed at CCCRMC and are required to work
on Thanksgiving, Christmas or New Year's Day will be provided a free meal in
the Hospital Cafeteria between the hours of 6:00 a.m. and 6:00 p.m.
C. Shift Differential.
1. An employee who works overtime shall receive shift differential in addition
to overtime compensation only when the overtime hours independently
satisfy the requirement for shift d ifferential as stated above. The shift
differential shall be computed on the employee's base salary.
2. When a shift employee works on a recognized holiday, the employee
shall be entitled to holiday pay and shift differential to be computed on the
employee's base salary.
3. An employee in the Hospital Nursing Service , including Sterile Processing
who works an evening shift in which the employee works four (4) or more
hours after 5:00 p.m. shall receive a shift differential of seven and one -
half percent (7-1/2%) of the employee's base pay.
Split shifts in the Hospital Nursing Service with more than one and one -
half (1-1/2) hours between the two portions of the shift shall also qualify
for the seven and one-half percent (7-1/2%) hourly differential.
An employee in the Hospital Nursing Service who works a night shift in
which the employee works four (4) or more hours before 8:00 a.m. shall
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receive a shift differential of ten percent (10%) of the employee's base
pay.
D Stat Call. A ten percent (10%) base pay salary differential shall be paid for those
shifts on which employees in this and/or other Local No. 1 bargaining units are
specifically assigned by the administration to respond to emergency stat -calls if
said employees do not qualify for other hazard assignment differential. A five
percent (5%) base pay salary differential shall be paid for those shifts in which
employees are specifically assigned to respond to emergency stat -calls if said
employees qualify for other hazard assignment differential, sa id five percent (5%)
to be in addition to the hazard pay differential.
It is further understood that acceptance of the assignment to stat -calls for those
employees hired prior to April 1, 1979 shall be voluntary, provided, however, if
insufficient employees volunteer for the stat-calls assignment or additional
employees are required on a particular shift, nursing administration shall select
employees under their supervision judged to be qualified to handle such
assignments because of prior experience and t raining. All Hospital Attendants,
Psychiatric Technicians and Licensed Vocational Nurses hired on April 1, 1979
or thereafter will be advised that they may be required to handle stat -calls and if
required will receive training for such assignments. It is t he intention of
administration to assign employees to stat -calls on a continuing volunteer basis.
Employees may request that they be removed from the stat -calls assignment by
submitting a request in writing stating the reasons for such request. The
administration may remove employees from the stat-calls assignment where it is
demonstrated they are no longer capable of handling such assignments.
Effective October 1, 1994 the STAT Team shall be composed of volunteers. This
shall be a six (6) month trial pro gram subject to joint labor/management review at
the end of six (6) months.
E Professional Standards Committee. The County recognizes the continuation of
an advisory Professional Standards Committee comprised of Licensed
Vocational Nurses, Psychiatric Tec hnicians and Hospital Attendants employed in
the Health Services Department. Such a committee shall develop and
communicate recommendations only to the Director of Hospital Nursing or
Director of Ambulatory Care Nursing and Hospital Administration. The
Professional Standards Committee shall schedule one (1) regular meeting at a
mutually agreeable time and place during the day shift working hours and the
Health Services Department agrees to release a total of six (6) employees; three
(3) Licensed Vocational Nurses, one (1) Surgical Technician and one (1)
Psychiatric Technician and one (1) Hospital Attendant for a period not to exceed
two (2) hours excluding travel time for any one member to attend such meeting.
Such Committee members and their alternates shal l be selected by Local No. 1.
Numerical membership on the Professional Standards Committee shall be such
so as to preclude disruption of work activities of any particular work area and
shall include at least one (1) representative from the outpatient clini cs. Upon two
(2) weeks notice, the Committee may request, with approval of the Director of
Hospital Nursing or Director of Ambulatory Care Nursing as appropriate, that
other personnel attend the monthly meetings, provided that such personnel are
furnished with the reasons they have been invited and a written agenda for the
meeting they have been asked to attend.
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The Health Services Department agrees to meet with the LVN -Professional
Standards Committee within sixty (60) days following the ratification of this MOU
to discuss such issues as scope of practice, team nursing and the float policy.
F. Detention Facility. Members of the unit assigned to work in the detention
facilities (including Marsh Creek, West County, Orin Allen Youth Rehabilitation
Facility, Martinez Detention Facility, Juvenile Hall, Chris Adams Girls Treatment
Center, and Summit Center for Boys) shall receive in addition to their base pay a
differential of five percent (5%) of base pay as premium compensation for this
assignment.
G. Weekend Differential. Employees in the Attendant/LVN/Aide Unit shall receive a
weekend shift bonus of twenty-five dollars ($25.00) per shift for each weekend
shift worked which: 1) falls on weekends for which the employee is not scheduled
to work in their normal work schedule; 2) falls between the beginning of the night
shift on Friday and the end of the evening shift on Sunday; 3) is worked for the
full duration of the shift; and 4) is not the result of a trade. The employee is to
note such qualifying shifts on his/her time sheets in order to receive this
compensation.
H. Hospital Schedules. The Health Services Department shall continue to schedule
Licensed Vocational Nurses, Psychiatric Technicians and Certified Nursing
Assistants with every other weekend off . Bid notices for these positions shall
include a statement that employees have every other weekend off and that
schedules are periodically changed and posted in advance of any such change
I. Permanent-Intermittent Differential. Permanent-intermittent Licensed Vocational
Nurses and Psychiatric Technicians shall be paid a differential of seven and one -
half (7-1/2) percent of their base pay.
J O.R. – Sterile Processing On-Call. Sterile Processing Personnel, and/or a
Surgical Technologist assigned to on -call for the Operating Room or Post
Anesthesia Recovery shall be paid one (1) hour of straight time pay for each two
(2) hours on-call. Sterile Processing Personnel, and/or a Surgical Technologist
who is in on-call status for the Operating Room and is called b ack to duty shall
be paid for the actual time spent plus one (1) hour, but not less than three (3)
hours total for each call-back. On-call pay will not be paid for call-back time.
K Contiguous Shifts. At the County's request, if an employee in this unit works on
all or parts of two contiguous shifts (more than eight (8) continuous hours) which
is outside the employees regular work schedule and the first eight (8) hours fall
on one day and the additional hours fall on the following day, the employee shall
be paid a differential of one-half (½) the employees base salary rate in addition to
the employees base salary rate for the hours worked in excess of eight (8) hours.
Employees in this unit working at the CCCRMC who, at the County's
request work two contiguous shifts (sixteen (16) continuous hours) shall be
provided a meal in the hospital cafeteria at no cost to the employee
Employees in the Hospital Nursing Service and in the classifications of Sterile
Processing and Distribution Techs (1ETB and 1EWA), who work a double shift
who work a double shift shall receive twenty-five dollars ($25.00) in addition to all
other compensation for each double shift worked. Employees who work from the
beginning of their regularly scheduled shift to the conclusion of the next
scheduled shift will be considered to have worked a double shift. If the second
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shift is not completed, the premium will be prorated. If the total hours worked,
excluding lunch breaks, exceed sixteen (16) hours, additional prorated premium
will be paid.
L Continuing Education. Each regular full-time Licensed Vocational Nurse and
Psychiatric Technician with one or more years of County service shall be entitled
to forty (40) hours leave with pay each year to attend accredited continuing
education courses, institutions, workshops, or classes. Full -time Surgical
Technicians will be entitled to fourteen (14) hours per year for the same purpose.
Written requests for such leave must be submitted in advance and may be
approved by the appropriate supervisor on ly in the event such leave does not
interfere with staffing. The leave is accumulated from year -to-year if; 1) it is
applied for and denied, 2) it is applied for this year for a course next year, and 3)
if it is applied for to anticipate taking a specific course of more than forty (40)
hours duration. The maximum leave available in any fiscal year may not exceed
twice what may be accrued in any one fiscal year. The leave hereinabove
defined shall not apply to those courses or programs the nurse is required by the
County to attend.
A Licensed Vocational Nurse or Psychiatric Technician assigned to the night shift
who attends a continuing education course of eight (8) hours duration outside
his/her scheduled work time, may receive educational leave pay for the actual
course time and may be excused from the night shift immediately preceding or
following the course attended.
An employee who attends a pre -approved course on a date for which he/she is
not regularly scheduled to work or who completes a pre -approved home study
course, will be granted CE time off for the number of hours equivalent of the CE
units earned. Only Board of Registered Nurses Accredited Courses will be
approved. Such time off must be scheduled in advance by mutual agreement
between the employee and the supervisor.
Each full-time Registered Dental Assistant with one or more years of County
service shall be entitled to four (4) days of paid continuing education leave every
two (2) years.
Permanent part-time employees shall receive prorated CE leave in the same
ratio of their position hours to full-time.
Each full-time Certified Nursing Assistant with one or more years of County
service shall be entitled to forty-eight (48) hours of paid continuing education
leave every two (2) years.
M Charge Pay. A fully certified Licensed Vocational Nurse or Psychiatric
Technician who, at the County's' request, is placed in charge of a ward for an
eight (8) hour shift shall receive an addi tional five dollars ($5.00) per shift.
N Hospital Call-In Procedures. The following procedures shall apply to employees
in the class of Licensed Vocational Nurse, Psychiatric Technician and Hospital
Attendant employed at CCCRMC who become ill prior to a scheduled work shift
and supersedes Section 14.4 of this MOU.
1. Employees in the Hospital Nursing Service are required to notify the
Nursing Office at least two (2) hours prior to the commencement of the
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LOCAL 1 2011-2013
evening or night shift or one (1) hour prior to the day shift if they are
calling in sick or requesting unplanned time off. Employees in the
Ambulatory Care Nursing Service are required to call in at least one (1)
hour prior to their scheduled shift and leave a message in voice mail.
Notification shall include the reasons and possible duration of the
absence.
2. Employees in the Hospital Nursing Service returning from sick leave or
emergency leave of any kind must give two (2) hours prior notice unless it
was clearly understood at the outset of the leave when the employee
planned to return. In the Ambulatory Care Nur sing Service, to the extent
possible, employees should notify the Charge Nurse by 4:00 p.m. of the
day preceding their anticipated return.
3. Employees in the Hospital Nursing Service calling in sick, asking for
emergency time off or calling in to say they will be late, must call the
Nursing Office directly and not their unit area to advise of their intentions.
4. Employees who do not give the required notice of their intent not to come
to work as scheduled shall be coded as absent without pay for payro ll
purposes unless they provide a reason which is satisfactory to Nursing
Administration. Infrequent absences with justification shall normally later
be charged to sick leave.
Hospital Nursing Service or Ambulatory Care Nursing Service employees
who are called in to work a shift for which they are not scheduled after
that shift has begun shall receive payment for actual time worked plus
one (1) hour and shall be paid a minimum of two (2) hours pay.
O Vacation. The following vacation accruals shall be eff ective October 1, 1981 for
employees in the Attendant LVN -Aide Unit and other accruals listed in Section
13.2 shall not apply.
Max.Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Vacation for employees in the Hospital and Clinic Divisions Hospital Nursing
Service (including the Detention Facilities) and Ambulatory Care Nursing
Services shall be scheduled on an annual cycle, April 1 through March 31.
Employees must submit their written vacation request by March 1st of each year.
The hospital will post a schedule of vacations by April 1st of each year.
Only one employee per classification from each worksite and shift may receive
vacation at the same time. In case of conflict, the employee with the greater
length of service in their classification will receive the requested vacation time.
Less senior employees will be given the opportun ity to request a different time
before the annual schedule is posted.
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Vacation requests submitted after March 1st shall be considered on a first come
basis and shall be subject to staffing availability.
An employee voluntarily changing worksite or shift after March 1st must resubmit
a vacation request for consideration on a first come basis.
Vacations which include major holidays, Thanksgiving, Christmas and New
Year's Day shall be rotated amongst staff rather than determined by seniority.
P Appointment Salary. The County may hire new employees into classes in this
bargaining unit at any step of the salary range for the particular class.
Consideration shall be given to the qualifications of the appointee relative to
current incumbents. The County shall advise the Union of any appointments
made at a salary level higher than that of an incumbent with equal qualifications.
Q Low Census. Unanticipated declines in hospital patient census may result in the
need to temporarily reduce staffing hours for period s of time not requiring formal
layoff procedures. When this occurs, the Hospital Nursing Service shall use a
variety of procedures to call off and reassign staff. Those procedures will
generally emphasize the call off of volunteers first, and the retention of
permanent employees.
Employees may voluntarily request accrued time off by calling the Staffing Office
and asking to be placed on a standing Absent Day list to be used for voluntary
call offs in future low census days.
The Staffing Office will seek voluntary call offs on a shift -to-shift basis.
Employees will be floated to available assignments in other units for which they
are oriented or otherwise qualified.
If necessary, as assessed on a daily basis, employees will be required to take
Involuntary Call Off days on an equitable rotation. Order of Involuntary Call Off
will normally be Registry, Temporary, Permanent -intermittent, Permanent Part
Time and Permanent Full-time. The maximum number of Involuntary Call Off
days per permanent employee will no t exceed one shift per month or three (3)
shifts per year. Permanent employees will be offered the option of using vacation
or holiday accruals if the employee has the accruals available. Otherwise, the
employee will be placed on AWOP.
LT, Overtime or Registry Nurses will not be assigned to work on units for which
an employee who is on Involuntary Call Off day is qualified to work. Involuntary
Call Offs will be reasonably distributed among the various nursing classifications
consistent with the staffing pa tterns for patient census and acuity needs.
Employees will be notified a minimum of two hours in advance of each shift for
which an Involuntary Call Off day is assigned. In the event such notice is not
given, the affected employee will receive a minimum o f two (2) hours work at the
employee's regular rate. Should the hospital make such a documented attempt to
notify the employee of a cancellation of shift, but be unsuccessful in doing so,
this pay provision will not apply. It is the responsibility of the e mployee to
maintain a current telephone number with the Staffing Office. Failure to do so
relieves the Hospital of the notification and pay obligations.
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LOCAL 1 2011-2013
The same procedures will be used in the event of reduced patient visits in the
Ambulatory Care Nursing Service. They will be applicable at all Clinics and
Health Centers.
These procedures will apply in the hospital when the patient census falls below
120. This provision shall remain in effect for the duration of this MOU.
R. Sterile Processing. For employees in Sterile Processing, the County will provide
pant suits as an option and shall also provide poncho type rain apparel as
needed in rainy weather.
Employees in Sterile Processing are scheduled on the basis of an eight and one -
half hour day and are o n their own time during the lunch period. If operational
reasons preclude an employee from leaving the work area during the lunch
period, such time shall be considered worked and will be paid at the overtime
rate.
S Public Service Officers. At the Service Integration Program Family Service
Centers, the Public Service Officers shall be allowed a one -half (½) hour paid
lunch to remain on-site throughout the 8:30 a.m. - 5:00 p.m. service hours.
The Health Services Department will provide an identification card for Public
Service Officers recognizing they perform their duties under the guidelines set
forth in section 836.5 of the California Penal Code and Section 1250 of the
Health and Safety Code.
The Health Services Department will provide a bullet proof vest for each Public
Service Officer (PSO) to be worn at all times while on duty. The PSO will return
the vest to the Health Services Department when the PSO is no longer employed
as a PSO.
58.3 - Building Trades Unit
A. The County shall continue to supply employees in the Building Trades Unit with
specific tools which shall be maintained and secured on County premises. No tools other
than those supplied by the County may be used except upon prior authorization of the
County.
B. The County shall pay each employee in the Building Trades Unit a
reimbursement of twenty-five dollars ($25.00) per month, such to defray the cost
of supplying and cleaning clothing worn in the performance of regular duties.
C. Employees in the unit assigned to work in the County Detention Facility shall
receive in addition to their base pay a differential of five percent (5%) of base pay
as premium compensation for this assignment.
D. The County will provide reimbursement, up to fifty dollars ($50.00) per calendar
year to Painters and Steamfitters for special blood tests, the purpose of which is
to detect lead or other heavy metals. A statement from the Physician must be
submitted with the receipt.
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LOCAL 1 2011-2013
E. Employees in the unit who work four (4) or more hours of overtime after midnigh t
on a regularly scheduled work day may request and shall be granted the use of
vacation, holiday or compensatory time for all or part of that day.
F. The parties agree that within forty-five (45) calendar days after approval by the
Board of Supervisors of the MOU between the County and Local One, the
General Services Department shall reach agreement with employees
represented by the Building Trades Unit and reduce to writing, a policy by each
craft/shop in the method which overtime is assigned.
G. Reassignment (Bidding) Procedure. The below listed procedure will apply to the
entire Building Trades Unit for satellite locations.
1. The Building Trades Unit will follow the procedures set forth in Section
22.4 Voluntary Reassignment (Bidding) Procedure 22.5 – Involuntary
Reassignment procedure, with the exceptions noted below:
2. Vacancy Notices Posted. Vacant position notices will be posted, in
writing, for thirty (30) calendar days pursuant to 22.4.H. The Department
will mail a bid notice to each employee who is on an approved leave of
absence.
3. Who May Request Reassignment. Employees on leaves of absence are
eligible to request reassignment if they are able to begin work when the
assignment begins.
4. Who may not request reassignment. Employees on leaves of absence
who are unable to return to work when the assignment begins are not
eligible to request reassignment.
5. Employee Selection. The Department will select the most senior
employee who bids on a position.
6. When a vacancy occurs in the Traf fic Signal Shop and an Electrician fills
this vacant position, the Department is not obligated to allow another
Electrician to bid out of the Traffic Signal Shop until the Department is
satisfied that the new Electrician in the Traffic Signal Shop is fully trained.
7. Pursuant to Section 22.5 and only for temporary reassignments of eight
weeks or less, the employee who is temporarily reassigned must decide
whether to start each work day at the temporary reassignment location or
at his/her permanent assignment location. The employee must
communicate that decision to his/her supervisor at or before the start date
of the temporary reassignment.
8. The Department may assign newly hired Building Trades employees to
multiple satellite work assignments at the Department’s sole discretion
throughout the employee’s initial probationary period.
58.4- This Section Left Blank Intentionally
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LOCAL 1 2011-2013
58.5- Engineering Unit
A. The Public Works Department will continue a one -half (½) hour lunch period for
all employees in the clas sification of Junior Drafter and Senior Drafter.
Management will determine the time of the lunch period and the starting and
quitting times for each employee. Crucial to the continuance of the one -half (½)
hour lunch period will be the impact on service to the public.
The existing system of one -half (½) hour lunch periods in the Assessor's
Department will be continued.
B. Employees in the classifications of Grading Technicians and Senior Grading
Technicians shall be reimbursed for the actual cost of rain gear up to a maximum
of thirty-five dollars ($35.00).
C. The Public Works Department and the Assessor's Office shall continue a flexible
forty (40) hour work week for Junior Drafter and Senior Drafter.
D. The County shall conduct an election among the me mbers of the Engineering
Unit to determine whether a majority of those voting wish to have State Disability
coverage.
E. Employees in the Real Property Agent or Auditor -Appraiser classification series
shall be eligible for reimbursement of membership dues for a bona fide
professional organization related to their classification and duties (e.g.
International Right of Way Association, Building Owners Management
Association, Society of Auditors and Appraisers). Appropriateness of the
professional organizatio n and applicability of membership shall be subject to
approval by the Department. The amount of the reimbursement shall not exceed
two hundred dollars ($200) annually.
F. Educational Incentive . Effective January 1, 2007, employees in the classifications
of Auditor-Appraiser I (DRWB), Auditor-Appraiser II (DRVA), and Senior Auditor -
Appraiser (DRTA), will be entitled to a salary differential of two and one -half
percent (2.5%) of base pay or a minimum of fifty dollars ($50) per month,
whichever is greater, for possession of a certification for educational
achievement from at least one of the following:
a. American Institute of Real Estate Appraisers -Residential Member (RM)
designation;
b. State Board of Equalization-Advanced Appraiser certification;
c. International Association of Assessing Officers - Residential Evaluation
Specialist (RES);
d. Society of Auditor Appraisers - Master Auditor-Appraiser (MAA)
designation;
e. Society of Real Estate Appraisers - Senior Residential Appraiser (SRA)
designation;
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LOCAL 1 2011-2013
f. Any other certification approved by the County Assessor and the Director
of Human Resources.
G. Educational Incentive. Effective on and after July 1, 2009, employees in the
Public Works Department in the classifications of Senior Real Property Ag ent
(DYTB), Associate Real Property Agent (DYTA), Assistant Real Property Agent
(DYVA), Junior Real Property Agent (DYWA), and Junior Real Property Agent -
Project (DYW1), are entitled to a salary differential of five percent (5%) of base
pay for possessing and maintaining a valid certification issued by the following:
The International Right of Way Association (IRWA) Senior Membership
Designation;
H. Educational Incentive. Effective on and after July 1, 2009, employees in the
General Services Department in the classifications of Senior Real Property Agent
(DYTB), Associate Real Property Agent (DYTA), Assistant Real Property Agent
(DYVA), Junior Real Property Agent (DYWA), and Junior Real Property Agent -
Project (DYW1), and are entitled to a salary differential of five percent (5%) of
base pay for possessing and maintaining a valid certification issued by one or
both of the following:
1. The International Right of Way Association (IRWA) Senior Membership
Designation; Building Owners & Managers Institute (BOMI ) – Real
Property Administrator (RPA) designation or Facilities Management
Administrator (FMA) designation .
Section 58.6 - Community Services Bureau Unit
It is understood for this Unit that all terms and conditions of the MOU shall apply except
(1) those sections which pertain to the Merit System, (2) those limited in Attachment A,
as modified below, and (3) entitled Sections in the MOU modified below:
A. Salaries. Because employees in the Family and Children’s Services Unit receive
external State and federal funding for their programs, these employees are not
eligible for general cost of living wage adjustments negotiated between Local
One and the County.
Should funds become available during the life of this MOU from any of the State
or federal sources f unding the Department’s programs which the Community
Services Bureau deems appropriate for an annual cost of living adjustment or
other salary increase for employees of the Community Services Bureau, the
Department and Local One shall meet and confer annua lly during the month of
July regarding the distribution of these funds.
As a result of the Federal funds made available in 2009 to the Community Services
Bureau, the County will grant a 3.06% COLA to those employees in the eligible
classifications in the Community Services Bureau, effective July 1, 2010.
The eligible classifications are as follows:
Master Teacher -Project
Teacher - Project
Associate Teacher - Project
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LOCAL 1 2011-2013
Infant Toddler – Master Teacher - Project
Infant Toddler – Teacher - Project
Infant Toddler – Associate Teacher - Project
Intermediate Clerk - Project
Senior Clerk – Project
Child Nutrition Worker I - Project
Child Nutrition Worker II - Project
Child Nutrition Worker III - Project
Child Nutrition Food Service Transporter - Project
Early Childhood Home Educator - Project
B. Separation Through Layoff. All current MOU provisions regarding seniority and
layoff shall apply to employees of the Family and Children’s Services Unit with
the following modifications which are implemented to recognize t hat some
positions in the Division are not funded on a year -round basis and that annual
work cycles of positions in the same class may vary:
1. Specific positions otherwise denoted “full time” may be assigned a work
cycle which is less than a full twelve -month year.
2. Positions in the same class may be filled on both a year -round (12-month)
and less than year-round basis. Some employees will be subject to
periods of layoff in accordance with the following provisions:
a. Employees will be notified at th e time of initial employment or
promotion into the class as to the duration of the work year for the
position being filled
b. Laid off employees are provided with an assurance of return to
work at the beginning of the next work cycle if the position is s till
funded.
c. In situations where employees return to work together at the
beginning of varying length work cycles, employees will be
provided the opportunity to select assignment to the longer work
cycle on the basis of seniority in class. This provis ion shall not
apply to work cycles which begin at different times.
C. Promotion. Promotional opportunities shall be available within the Unit to
members with the understanding that due to their Project status, the employees
may not participate in Merit S ystem promotional examinations.
Notwithstanding this limitation, the Community Services Department may request
that the Director of Human Resources announce open examinations on a
restricted basis, such as “Open Only to Employees of the Community Service s
Department” for the purpose of targeting qualified applicants.
When an examination is restricted to the Community Services Department,
employees who have qualified and who have earned a score of seventy percent
(70%) or more shall receive five one-hundredths (.05) of one percent for each
completed month of service as a permanent employee in the Community
Services Department continuously preceding the final date for filing for the
examination. The credits shall be included in the final percentage score f rom
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which the rank on the list is determined. No employee however, shall receive
more than a total of five (5.0) points for seniority in any such examination.
Employees are in no way restricted from applying to compete in any examination
announced by the County on an “open only” or “open and promotional” basis.
D. Disciplinary Action. Employees of the Family and Children’s Services Unit shall
be subject to all provisions of MOU Section 24 - Dismissal, Suspension,
Temporary Reduction in Pay and Demotion , except that those references to the
Merit System in 24.1 (c) and (k) are changed to read “County Service” and
“County Ordinance or Resolution” respectively; and the reference to the Merit
Board in 24.5 and 24.6 (c) shall be deleted.
E. Grievance Procedures. Employees of the Family and Children’s Services Unit
shall be subject to all provisions of MOU Section 25 - Grievance Procedure,
except that if an appeal is made to the Merit Board on the basis of alleged
discrimination, such appeal may not also be subjec t to the grievance procedure.
F. Reassignment and Bid Procedures. With respect to reassignment of work
location, provisions of MOU Section 22.3 – Reassignment of Work Location , shall
apply and are amplified as follows:
1. The Family and Children’s Servic es Division agrees to post all vacancies
for at least five (5) days to allow for reassignment applications.
2. In considering any request for reassignment of Family and Children’s
Services staff, the Family and Children’s Services Division will fill the
initial vacancy with the most senior employee requesting the
reassignment. Any subsequent vacancies which are created through
filling the initial vacancy will be filled based on requirements of the Family
and Children’s Services Division.
3. Once annually, in May or June the Division and Local One will conduct an
open bid meeting wherein all employees may bid for vacant positions on
the basis of seniority. Prior to posting the bids, the Division will meet with
the Union to advise them of any positions requir ing specific criteria
necessary to comply with Head Start or State Licensing requirements.
The Division will identify these criteria when posting these positions for
bidding. An employee bidding for these positions must meet any site
specific criteria. The hours of work shall be posted for each position at the
bid meeting. The division may change the posted hours of work after the
bid meeting and before the assignment begins by no more than 30
minutes if a change in hours is necessary to accommodate the chi ldren
enrolled at the site. If it does, the Division will notify the affected employee
and Local #1 as soon as it determines that it must change the hours. The
Division shall tell employees at the bid meeting the position to which they
have been assigned pursuant to the bid meeting and shall confirm that
notice in writing within two (2) weeks of the bid meeting. Additional vacant
positions that are created through the bid procedure will also be filled by
seniority as provided in this section. If all vacancies are not filled through
the annual bidding process, the Division will fill the positions based on
Division requirements.
In addition, the following bidding restrictions shall apply:
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(a) An employee appointed to a position during the annual bid
meeting may transfer no more than one time during the program
year.
(b) An employee who chooses not to bid during the annual bid
meeting may transfer once during the program year.
(c) Probationary employees are not eligible to bid on a position.
4. The division reserves the right to reassign an employee during the
Program year should the employee be the subject of an investigation
involving the welfare of the children under the employee’s care.
58.7- General Services and Maintenance Unit
A. General. All existing departments safety awards shall continue for the duration of
this MOU.
B. Field Personnel.
1. The County will provide coveralls or overalls to each employee assigned
to the paint crew and bridge crew in the Public Works Maintenance
Division of the Public Works Department and will launder such clothing on
a regular basis. The employees will be required to select either coveralls
or overalls; this choice shall be considered a permanent selection.
Coveralls shall be provided for the employee assig ned to and operating
the Gradall.
2. The Safety Committee of the Public Works Department, as previously
referenced in a Departmental MOU, shall continue for the duration of this
agreement.
3. Laborers participating in the Public Works Department Equipment
Operator I training program and who are employed as Laborers prior to
July 1, 1977 will be paid mileage allowance in accordance with the
existing County policy such miles driven each day which exceed by ten
(10) miles the miles driven between their residen ce and the location they
worked immediately prior to entering said training program. It is
understood that this agreement was made to take into account the very
specialized nature of the aforementioned training program and should not
in any way be considered as setting a precedent with regards to the
County mileage policy.
4. The Public Works Department agrees to offer Defensive Driver Training
to employees on road maintenance crews.
5. The General Services Department will meet and confer with the Union if it
intends to increase the work test crews beyond nine (9) members.
6. On a trial basis for the employees in the General Services and
Maintenance Unit, and at the sole discretion of the Director of Human
Resources upon written request stating the re asons for such request, the
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Union may appoint an individual to observe instruc tions given an oral
board by the appointing authority on his/her own time.
C. Shop Personnel.
1. The County will pay Equipment Mechanics a tool allowance of four
hundred dollars ($400.00) per calendar year. Air tools will be considered
an eligible tool allowance item. The tool allowance benefit will be provided
on a reimbursement basis through submission of County payment
demand forms with proof of purchase.
2. Employees in the classes of Equipment Mechanic, Apprentice Mechanic,
Equipment Services Worker and Garage Attendant will have the choice of
the County providing coveralls or pants and shirt. The employees will be
required to select either coveralls or pants and shirt; this choice shall be
considered a permanent selection.
3. Employees referenced in C.2 above shall be provided with addi tional
uniforms so as to enable the employee to have a clean uniform each day.
4. Employees assigned to the Contra Costa County Fir e Protection District
to perform the duties of Equipment Mechanic shall receive a five percent
(5%) differential effective July 1, 2006. A new classification of Fire
Equipment Mechanic incorporating such differential will be established no
later than July 1, 2007.
D. Building Maintenance & Miscellaneous Employees
1. Union Stewards in the Building Maintenance Division shall be relieved
from their assigned work duties by their supervisors within twenty -four
(24) hours (excluding Saturdays, Sundays, and ho lidays) upon receipt of
a request by an employee in that division to investigate and/or process a
grievance initiated by said employee.
2. The Building Maintenance Division of the General Services Department
will continue the seven (7) day per week maint enance coverage of
County facilities by Operating Engineers.
3. Custodians in the Probation Department specifically assigned
responsibility in writing for providing work training to assigned juveniles
shall receive in addition to their base pay a differe ntial of five percent
(5%) of base pay as premium compensation for this additional
responsibility. Such differential to be computed on the basis of hours
actually spent in directing juveniles in work training.
4. The vacation scheduling procedure for Cu stodians I and II in the Buildings
and Grounds Division of the General Services Department shall be as
follows:
All employees, in order of seniority, with the Buildings and Grounds
Division of the General Services Department shall be afforded the
opportunity to indicate their preference of vacation dates for their vacation
entitlement by area. If an employee wishes to split his/her vacation
entitlement and schedule a portion of his/her vacation at another time, he/
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she shall be afforded a second opportunit y to exercise his/her seniority in
scheduling each second choice after all other employee's vacations have
been scheduled.
For example: If an employee has a vacation entitlement of four (4) weeks
and wishes to take two (2) of those weeks in July, his/her preference for
the specific dates in July would be reviewed by the department in
accordance with his/her seniority. Once the first choice of vacation dates
for this employee and all other employees have been reviewed by the
department and scheduled by area in accordance with seniority, the
employee may indicate his/her preference of vacation dates for the
remaining two (2) weeks of his/her vacation entitlement which again will
be reviewed and scheduled by area by the department in accordance with
his/her schedule.
5. Cooks, Lead Cooks and Operating Engineers assigned to the County's
Main Detention Facility or the Marsh Creek Detention Facility shall
receive in addition to their base pay, a differential of five percent (5%) of
base pay as premium compensation for this assignment.
6. Custodians assigned to the County's Main Detention Facility or Marsh
Creek Detention Facility and who are required to work in inmate modules
shall receive in addition to their base pay a differential of five percent
(5%) of base pay as premium compensation for this assignment.
7. The Building Maintenance Division of the General Services Department
shall continue the safety committee of no less than two (2) employees
selected by Contra Costa County Employees Association, Local No. 1 in
the classes of Window Washer and Lead Window Washer to discuss
various safety problems. This committee shall meet not less than once
every three (3) months nor more than once a month upon request of the
employees.
8. The County shall pay Stationary Engineers, Lead Stationary Engineers,
Stationary Systems Specialist I, and Stationary Systems Specialist II, in
the General Services and Maintenance Unit a reimbursement of twenty -
five dollars ($25.00) per month, to defray the cost of supplying and
cleaning clothing worn in the performance of regular duties.
9. The County will provide reimbursement, up to sixty-five dollars ($65.00)
per calendar year, to permanent Groundskeepers, Gardeners and Lead
Gardeners for the purchase of coveralls or overalls worn on the job.
E. Communications.
The Communications Division Safety Committee shall be continued. Said
Committee shall consist of two (2) Communications Division employees selected
by the Union. Said Committee shall meet quarterly with a Manager and the
Departmental Safety Coordinator. Said meetings shall not exceed one (1) hour in
duration except by mutual agreement of the parties.
F. Sheriff's Personnel.
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The County shall continue to pay twenty-five dollars ($25.00) per month uniform
allowance for employees in the Sheriff's Department who are required to wear a
uniform in the performance of their duty in the following classifications: Sheriff's
Services Assistant I, Sheriff's Services Assistant II and Storekeeper.
G. Building Inspectors.
1. The Building Inspection Department shall pay Inspectors a
reimbursement up to a maximum amount of fifty dollars ($50.00) plus
sales tax per calendar year, for the purchase of knee pads and coveralls,
and thirty-five dollars ($35.00) plus sales tax per calendar year, for rain
boots and rain gear.
2. Building Inspectors are assigned by the Building Inspection Department
to Housing Rehab, Mobile Home, Commercial inspections Code
Enforcement, Weatherization and Residential inspection activities. These
assignments may be rotated at the discretion of the Department Head.
H. Central Service.
1. Local No. 1 will select a spokesperson who is an employee of the County
Administrator's Office to bring to the attention of and discuss with the
Department Head or his desi gnee at convenient times any safety
problems existing within the department.
2. The County will provide employees in the class of Driver Clerk, poncho
type rain apparel.
The above does not exclude any other employee from bringing to the
attention of the management of the County Administrator's office any
safety problems that may exist.
3. Effective the first month following execution of this MOU, Office Service
Workers will be paid at the applicable higher rate from the first day when
substituting on Driver Clerk routes.
I. Hospital Workers.
1. If an employee in this unit, employed at the County Hospital, who at the
County's request works on all or part of two contiguous shifts (more than
eight (8) continuous hours) which is outside the employees regular work
schedule and the first eight (8) hours fall on one day and the additional hours
fall on the following day, the employee shall be paid a differential of one -half
(½) the employees base salary rate in addition to the employees base salary
rate for the hours worked in excess of eight (8) hours.
2. Employees in this unit working at the CCCRMC who at the County's
request work two contiguous shifts (sixteen (16) continuous hours) shall
be provided a meal in the Hospital Cafeteria at no cost to the employe e.
3. Employees in this unit who are employed at CCCRMC and are required
to work on Thanksgiving, Christmas or New Year's Day will be provided a
free meal in the Hospital Cafeteria between the hours of 6:30 a.m. and
6:30 p.m.
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4. Where only one Storeroom Clerk is on duty on a shift at the main Hospital
Storeroom on a given day, and the Storeroom cannot be closed for one -
half (½) hour to permit that Storeroom Clerk an unpaid lunch period, the
Storeroom Clerk will be scheduled to work a straight eight (8 ) hour shift
with a paid lunch period.
5. The County shall provide pantsuits as an option to employees in the
classes of Central Supply Technician, Lead Central Supply Technician,
Institutional Services Aide, and Institutional Services Worker's who are
normally furnished uniforms by the County.
6. The County will provide poncho type rain apparel as needed for
employees in the Hospital Central Supply and Environmental Service who
are required to go outdoors while it is raining.
7. Employees in the class of Central Supply Technician are scheduled on
the basis of an eight and one-half (8-1/2) hour day and are on their own
time during their lunch period. If operational reasons preclude an
employee from leaving the work area during the lunch period, such ti me
worked shall be paid at the rate of time and one -half.
8. CCRMC Shift Relief. An Institutional Services Worker -Generalist or
Institutional Services Worker-Specialist who at the County’s request,
relieves a Cook at Contra Costa Regional Medical Center for a shift will
receive an additional twelve dollars ($12.00) per shift.
Commencing on the 41 st consecutive hour in the assignment, Article 5.14
Pay for Work in a Higher Classification will apply.
J. Library Personnel.
1. Section 12 of this MOU reg arding holidays is modified for all employees in
this unit assigned to the Library to delete the day after Thanksgiving as a
holiday and to add the day before Christmas as a holiday. The Libraries
will close at 6:00 p.m. on the day before Thanksgiving.
2. The Driver Clerk permanently assigned to drive the Bookmobile shall
receive in addition to his/her base pay a differential of five percent (5%) of
base pay as premium compensation for this assignment.
3. Employees in this unit assigned to the Library w ho work Saturday shall
receive a five percent (5%) differential for all hours worked on Saturday.
Said five percent (5%) differential shall not apply to any overtime hours
worked on Saturday.
4. The Libraries will close at 5:00 p.m. on New Year's Eve. Em ployees in
this unit assigned to work at the Library shall rearrange their work
schedules so that they work a full eight (8) hour shift.
K. Commercial License Hazardous Materials Endorsement
For Classifications requiring the above endorsement, the Coun ty will
reimburse employees for the required costs associated with the
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background check required for a Commercial Drivers License Hazardous
Materials Endorsement.
58.8 - Health Services Unit
A. Public Health Nurses.
1. The current Public Health Nurse P rofessional Standards and Practices
Committee (PSPC) shall continue for the duration of this MOU. The
PSPC will be comprised of seven members.
2. Effective July 1, 1996, approved Continuing Education Leave (CE) time
entitlement will be twenty-four (24) hours per fiscal year for the full-time,
permanent Public Health Nurse. Permanent part -time PHN's will have
their approved CE time entitlement prorated on the basis of the number of
hours they work in relation to the regular forty (40) hour work week, with a
minimum of fifteen (15) hours per fiscal year.
CE time may be carried over into the next fiscal year and added to the CE
time entitlement for that year without restriction, up to twice the annual
accrual. Employees who have more than twenty -four (24) hours unused
CE time at the end of fiscal year 95/96, may carry over the entire balance
into fiscal year 96/97.
An employee who attends a pre -approved course on a date for which
he/she is not regularly scheduled to work or who completes a pre -
approved home study course will be granted CE time off for the number
of hours equivalent to the CE units earned. Only Board of Registered
Nurses Accredited Courses will be approved. Such time off must be
scheduled in advance by mutual agreement between the employee and
the supervisor.
3. The base pay for the top step of the Public Health Nurse shall be 5%
above the base pay of the Registered Nurse -Advanced level. Upon the
ratification of this agreement, two (2) additional steps at 2.5% will be
added to the bottom of the Public Health Nurse salary range. Effective
October 1, 2006, the Public Health Nurse classifications will receive a
wage increase in an amount that will maintain the 5% salary difference
between the Public Health Nurse and the Registered Nurse -Advanced.
The 5% difference will be maintained for the duration of this MOU.
4. Public Health Nurses may take either a half -hour (1/2) or one-hour (1)
lunch break, provided the operational needs of the department are met.
5. The deep class resolution for Publ ic Health Nurse shall remain in effect
for the duration of this MOU unless modified by mutual agreement.
6. If reassignments of less than eight (8) weeks duration are needed to
cover for vacation relief, sick leave, temporary shifts in workload, training
assignments or other short term needs, management shall solicit
volunteers. If there are insufficient volunteers, assignments will be based
on inverse seniority within the affected program.
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7. Vacations.
a. Vacations for Public Health Nurses (PHN), Community Health
Workers I/II (CHW I/II) and Community Health Worker Specialists
(CHWS) shall be scheduled on an annual cycle, April 1 st through
March 31st. Employees must submit their written vacation requests by
February 1st of each year. Administration in each program or office
will post a schedule of vacations by March 1st of each year.
b. At least one PHN and at least one CHW or CHWS from each office or
program will receive scheduled absences, including continuing
education and vacation, at any given time. With supervisor's approval,
additional time off requests may be granted, based on staffing and
caseload. The employee with the greater length of service in the
Public Health Nurse classification and Community Health Worker
Series will receive the requested vacation time. Less senior
employees will be given the opportunity to request a different time
before the annual schedule is posted and will be approved on a first
come basis. In the event of a tie on the date of submission, seniority
in the classification or series will serve as the tie breaker Absences for
sick leave, disability and regular days off will not be counted as
scheduled absences.
c. An approved vacation will not be unilaterally canceled.
d. An employee voluntarily changing work position or as signment
between programs or regional offices after March 1st must resubmit a
vacation request for consideration on a first come basis.
e. Vacations which include major holidays, Thanksgiving, Christmas and
New Year's Day shall be rotated amongst staff ra ther than determined
by seniority.
B. Environmental Health
1. Environmental Health Inspectors. The County shall continue the
Professional Standards Committee comprised of Environmental Health
Inspectors selected by Local No. 1 and employed in the Healt h Services
Department who may, as a committee, develop and communicate
recommendations to the Director of the Environmental Health Division of
the Health Service Department. The Professional Standards Committee
may schedule only one (1) regular meeting eac h month during working
hours, and the County will release from duty a maximum of two (2)
Environmental Health Inspectors for a period not to exceed one (1) hour
for any Environmental Health Inspectors to attend such meeting. The
agenda and minutes of each meeting shall be forwarded to the Director of
the Environmental Health Division. It is understood that the Professional
Standards Committee is advisory only and the subjects it reviews shall be
restricted to those directly related to Environmental Health I nspector's
practices.
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2. Hazardous Materials Specialists. Hazardous Materials Specialists will be
paid a differential of one hundred and sixty three ($163) per month while
participating on the Incident Response Team.
3 Certifications Differential: Employees in the classifications of Hazardous
Materials Specialist I (V4WG) and Hazardous Materials Specialist II
(V4VC) will be paid a monthly differential in the amount of five percent
(5%) of base monthly salary for the possession and maintenance of all
three (3) of the following certifications
o State required certifications (current and future) to perform
Unified Program Inspections
o Hazardous Waste Operations and Emergency Response
Standards as defined in Section 5192 (e) of Title 8 of the
California Code of Regulations
o California Specialized Training Institute (CSTI) Hazardous
Materials Specialist certifications
Verification of eligibility will be by the Department Head or his/her
designee. Once eligibility is verified, the employee is eligible for this pay
on the date the employee submitted proof of eligibility to the Department
Head/designee. Each employee who qualifies for this differential is
subject to annual calendar year verification of eligibility.
4. Program Coordinator Assignments and Differen tial: The Hazardous
Materials Program Director (Director) will designate, in writing, up to five (5)
Program Coordinators from the incumbents in the classifications of Hazardous
Materials Specialist I (V4WG) and Hazardous Materials Specialist II (V4VC).
Each designation is at the sole discretion of the Director and each is subject to
change at any time. Each designated Program Coordinator will be paid a
differential of two and one half percent (2.5%) of base monthly salary. If a
designated Program Coordinator is absent from work on paid leave (vacation,
sick leave, disability, or other paid leave), the absent Program Coordinator will be
paid the Program Coordinator differential only for the first thirty (30) calendar
days of that paid leave. At the end of th at 30 days, or earlier, if the designated
Program Coordinator runs out of leave accruals, the differential stops and the
Director may designate a new Program Coordinator.
The five (5) Program Coordinator assignments are as follows:
1. Lead Program Coordinator
2. Health and Safety Coordinator
3. Enforcement Coordinator
4. Training Coordinator
5. Site Mitigation Coordinator
It is the responsibility of the Director to provide the Auditor/Controller
with written notice of 1) the name of each designated Program
Coordinator and the effective date of his/her assignment, and 2) the
termination of any designation and the effective date of the
termination. The differential is effective on the day the employee
begins the assignment.
Program Lead Assignments and Differential: The H azardous Materials
Program Director (Director) will designate, in writing, up to five (5)
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LOCAL 1 2011-2013
Program Leaders from the incumbents in the classifications of Hazardous
Materials Specialist I (V4WG) and Hazardous Materials Specialist II
(V4VC). Each designation is at the sole discretion of the Director and
each is subject to change at any time. Each designated Program Leader
will be paid a differential of five percent (5%) of base monthly salary. If a
designated Program Leader is absent from work on paid leave (va cation,
sick leave, disability, or other paid leave), the absent Program Leader will
be paid the Program Leader differential only for the first thirty (30)
calendar days of that paid leave. At the end of that 30 days, or earlier, if
the designated Program Leader runs out of leave accruals, the differential
stops and the Director may designate a new Program Leader.
The five (5) Program Leader assignments are as follows:
1. Above Ground Storage Tanks
2. Underground Storage Tanks
3. Hazardous Waste Generators
4. Incident Response Team
5. Hazardous Materials Business Plans and Storm Water
It is the responsibility of the Director to provide the Auditor/Controller
with written notice of 1) the name of each designated Program
Leader and the effective date of his/her assignmen t, and 2) the
termination of any designation and the effective date of the
termination. The differential is effective on the day the employee
begins the assignment.
On Call Duty and Pay: When an employee in the classifications of
Hazardous Materials Specialist I (V4WG) and Hazardous Materials
Specialist II (V4VC) is assigned to “on -call” duty by the Director or
his/her designee, the employee will be paid in accordance with
section 9 of this MOU. When an employee is contacted by telephone
during his/her assigned “on-call” duty shift and the employee is able to
handle the situation(s) by telephone, the employee will receive no
additional pay so long as the cumulative total of those telephone
conversations does not exceed thirty (30) minutes per “on -call” shift. If
the telephone conversations exceed a cumulative total of thirty (30)
minutes per shift, the employee will be paid “telephone call back pay”
at the appropriate rate, in one-minute increments, up to a maximum of
sixty (60) minutes. If the telephone con versations exceed a
cumulative total of sixty (60) minutes per shift, the employee will be
paid in accordance with Section 8 Call Back Time of this MOU.”
Continuing Education Allowance: Employees in the classification of
Hazardous Materials Specialist I (V4WG) and Hazardous Materials
Specialist II (V4VC) are eligible to receive a Continuing Education
Allowance of two and one half percent (2.5%) of base monthly salary
for any fiscal year in which the employee completes at least sixty (60)
hours of pre-approved education or training, other than the training
that is required by law for Hazardous Materials Specialist or required
by the minimum qualifications for the classifications of Hazardous
Materials Specialist I and Hazardous Materials Specialist II set fo rth in
the respective job descriptions, or at least three (3) semester units of
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pre-approved college credit, or a pre-approved combination thereof,
subject to the following conditions:
1. An application must be submitted to the Hazardous Materials
Division Director prior to beginning the education or training.
2. The education or training must be directly related to the
technical duties of the employee’s job.
3. The course must be approved, in advance, by the Hazardous
Materials Division Director or his/her desig nee.
4. The employee must provide evidence of completion of the
course with a passing grade, when applicable.
C. Clinical Laboratory Scientist & Laboratory Technician. The Health Services
Department shall continue a staggered lunch period system for the Cl inical
Laboratory Scientist I & II and Senior Clinical Laboratory Scientist classifications
in order to ensure uninterrupted lunch periods for these employees. A Clinical
Laboratory Scientist II who, at the County’s request, is placed in charge of clinical
laboratory assignments for an eight (8) hour shift, shall receive an additional five
dollars ($5.00) per shift.
Each full-time employee in the classes of Clinical Laboratory Scientist I & II and
Senior Clinical Laboratory Scientist will be granted sixteen (16) hours per year of
continuing education (CE) leave to complete courses required for license
renewal. For permanent part -time employees, CE leave will be prorated based
on their assigned hours. Employees may carry over CE leave from one year to
the next to a maximum of thirty-two (32) hours without restriction.
Each full-time employee in the class of Laboratory Technician whose position
requires a phlebotomy certificate will be granted three (3) hours per year of
continuing education (CE) leave to com plete courses required for certification
renewal. For permanent part -time employees, CE leave will be prorated based
on their assigned hours. Employees may carry over CE leave from one year to
the next to a maximum of six (6) hours.
D. Physical, Occupational & Recreation Therapists.
1. The present Professional Standards Committee for this group of
employees will be continued for the duration of the MOU.
2. The present release time for staff development and flex time work
schedule for Therapist in the C alifornia Children's Services Program will
be continued for the duration of this MOU. If the County desires to change
either of the above it will offer to meet and confer with the Union before
doing so.
E. Substance Abuse Staff.
1. There shall be a Subs tance Abuse Counselor Professional Performance
Committee consisting of employees in the Substance Abuse
Rehabilitation job series. The purpose of the Committee is to meet to
consider and discuss patient care and professional practice. It may also
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formulate advisory recommendations and proposals concerning such
matters. The Committee shall not discuss economic matters, such as
wages, hours and other economic conditions that may be subject to meet
and confer. The Professional Performance Committee may schedul e one
(1) regular meeting each month during working hours, provided that such
meeting shall not conflict with normal work activities and shall be
agreeable to the Substance Abuse Program Director. The Department will
release from duty no more than three (3 ) Substance Abuse Counselors
for a period not to exceed two (2) hours.
Substance Abuse Counselors released for these meetings shall promptly
report meeting and travel time to the Substance Abuse Program Director
or designee.
The Committee shall prepare written minutes of all Professional
Performance Committee meetings; copies of which shall be distributed to
the Committee members and the Substance Abuse Program Director.
2. Each full-time employee in the classification of Substance Abuse
Counselor and Lead Substance Abuse Counselor shall be granted twenty
(20) hours per year of Continuing Education (CE) leave to complete
courses required as a condition for certification renewal. Written requests
for such leave must be submitted in advance and may be appr oved by
the appropriate supervisor only in the event such leave does not interfere
with staffing. For permanent part -time employees, continuing education
leave will be prorated based on their assigned position hours.
Employees may carry over (CE) leave f rom one year to the next to a
maximum of forty (40) hours.
3. For employees in the classifications of Substance Abuse Counselor
(VHVC) and Substance Abuse Counselor Project (VHV3) who work at the
Discovery House, any holiday that falls on a Saturday will be observed on
a Saturday, and any holiday that falls on a Sunday will be observed on a
Sunday.
Employees in the classifications of Substance Abuse Counselor (VHVC)
and Substance Abuse Counselor Project (VHV3) will accrue four (4)
hours of personal ho liday credit per month and will not observe
Admission’s Day, Columbus Day, and Lincoln’s Day.
This provision will be effective on November 1, 2012.
F. Mental Health Treatment Staff.
1. A Labor/Management Forum composed of two (2) Local No. 1 delega tes
and the Mental Health Director will meet at least quarterly to address the
status and viability of the line staff/management working relationships.
Areas of ongoing focus will be communication and mutual cooperation.
Specific issues of clinical, profes sional and programmatic concern can be
addressed as necessary. An agenda of items to be discussed will be
submitted to the Mental Health Director at least two (2) weeks prior to the
scheduled meeting.
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2. The Health Services Department agrees to meet and confer with the
Union before contracting out any presently County operated Mental
Health Programs employing Mental Health Staff.
3. Mental Health Treatment employees shall receive a weekend shift bonus
of five dollars ($5.00) per shift for each weekend shift worked which: 1)
falls on weekends for which the employee is not scheduled to work in
his/her normal work schedule; 2) falls between the beginning of the night
shift on Friday and the end of the evening shift on Sunday; 3) is worked
for the full duration of the shift; and 4) is not the result of a trade. The
employee is to note such qualifying shifts on his/her time sheets in order
to receive this compensation.
4. Incumbents of the Mental Health Specialist II, Mental Health Clinical
Specialist or Clinical Psychologist classes may be designated as unit
leaders. Unit leader assignments shall be at the sole discretion of the
Division Director. Duties of the unit leaders are described in the class
specifications. Unit leaders will receive a differential of five percent (5%)
of their base salary until such time as the unit leader assignment
terminates. Unit leaders will continue to receive the five percent (5%) pay
differential during the first thirty (30) calendar days of each absence for
paid vacation, paid sick leave period, paid disability or other paid leave.
5. Approved Continuing Education Leave (C. E.) time entitlement to
complete accredited course work required for license renewal will be
eighteen (18) hours per fiscal year for full-time permanent employees in
the classifications of Mental Health Clinical Specialist (Licensed), Mental
Health Clinical Specialist (Licensed) – Project, Clinical Psychologist, and
Clinical Psychologist – Project. Permanent part-time employees in these
classifications will have their approved CE time entitlement prorated on
the basis of the number of hours they work in relation to the regular forty
(40) hour work week.
CE time may be carried over into the next fiscal year and added to the CE
time entitlement for that year without restriction, up to twice the annual
accrual.
Only courses accredited by the Board of Behavioral Science, the
Mandatory Continuing Education for Psychologists (MCEP) Accrediting
Agency, the American Psychological Association, or the Califor nia
Medical Association will be approved.
. Pharmacy.
1. The County will grant forty (40) hours/year of continuing educa tion leave
to licensed Pharmacists who are required by law to complete such course
work as a condition of renewing their license.
2. Where only one licensed Pharmacist is on duty at the Main Hospital
Pharmacy on a given day, and the Pharmacy cannot be closed for one -
half (½) hour to permit that Pharmacist an unpaid lunch period, the
Pharmacist will be scheduled to work a straight ei ght (8) hour shift with a
paid lunch period.
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H. Cardio-Pulmonary.
1. The Health Services Department will continue the practice of staggered
lunch periods to permit one-half (½) hour unpaid lunch periods for
Respiratory Care Practitioners I/II.
2. The County will grant ten (10) hours/year of continuing education leave to
Respiratory Care Practitioners I/II who are required by law to complete
such course work as a condition of renewing their State Respiratory
CAUP Practitioner Certificate. Employees may carry over CE leave from
one year to the next to a maximum of twenty (20) hours without
restriction.
3. Cardiac Ultrasonographers (V8VG) Cardiac Ultrasonographers – Per
Diem (V8VH), and Respiratory Care Practitioners I and II (VIWA, VIVA)
required to be on-call will be compensated with one (1) hour of straight
time pay for each two (2) hours of on -call time.
I. Radiologic & Ultrasound Technologists.
1. Radiologic and Ultrasound Technologists required to be on -call will be
compensated with one (1) hour of pay for each two (2) hours of on-call
time.
2. A five percent (5%) differential will be paid to any qualified Radiologic
Technologist when scheduled to perform mammograms or CT scans on
the day shift, Monday through Friday, or when completing the n ecessary
paperwork. When performing CT scans or mammograms at other times,
Radiologic Technologists will be paid the five percent (5%) differential for
actual time spent performing the procedure and completing the necessary
paperwork.
3. When performing an angiogram other than day shift, Monday through
Friday, the Radiologic Technologist will be compensated at a flat rate of
$500 per procedure.
4. Each full-time employee in the classes of Ultrasound Technologist I & II,
and Junior & Senior Radiologic Te chnologist will be granted twelve (12)
hours per year of continuing education (CE) leave to complete courses
required for license renewal. For permanent part -time employees, CE
leave will be prorated based on their assigned hours. Employees may
carry over CE leave from one year to the next to a maximum of twenty-
four (24) hours without restriction.
J. Dietitians. Full-time employees in a classification requiring possession of a
Registered Dietitian's Certification shall be granted twenty (20) hours per fi scal
year of continuing education (CE) time off to complete the course work required
for renewal. Permanent part-time employees will have their CE time entitlement
prorated on the basis of the number of hours of their position in relation to the
regular forty (40) hour work week. Employees may carry over the CE leave from
one year to the next for a maximum of forty (40) hours, without restriction.
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LOCAL 1 2011-2013
K. Public Health Nutritionists. Full-time employees in a classification requiring
possession of a Registered Dietitian's Certification shall be granted twenty (20)
hours per fiscal year of continuing education (CE) time off to complete the course
work required for renewal. Permanent part-time employees will have their CE
time entitlement prorated on the basis of the number of hours of their position in
relation to the regular forty (40) hour work week.
Employees may carry over the CE leave from one year to the next for a
maximum of forty (40) hours, without restriction.
L. The following vacation accruals shall b e effective October 1, 1981 for employees
in the Health Services Unit and other accruals listed in Section 13.2 shall not
apply:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
M. Holiday Meal. Employees in this unit who are employed at the CCCRMC and are
required to work on Thanksgiving, Christmas or New Year's Day will b e provided
a free meal in the Hospital Cafeteria between the hours of 6:30 a.m. and 6:30
p.m. This provision only applies to employees working on the day the holiday
actually falls.
N. Advance Step Appointments. The County may hire new employees into cla sses
in this bargaining unit at any step of the salary range for the particular class.
Consideration shall be given to the qualifications of the appointee relative to
current incumbents and shall advise the Union of any appointments made at a
salary level higher than an incumbent with equal qualifications.
O. Unpaid Lunch Schedule. If the Health Services Department determines that
scheduled work days which include a paid lunch period (typically eight (8) hour
days) are inconsistent with operational needs they may be rescheduled to
include an unpaid lunch period with thirty (30) days notice.
58.9 - Investigative Unit
A. The Side Letters of Agreement between the Data Processing Division of the
County Administrator's Office and Local No. 1 relative to shift/vacation bidding
and the overtime sign up system shall be continued for the duration of the MOU,
provided, however, that should management desire to change same, they will
meet and confer before implementing a change.
B. The deep class resolution for Collection Services Officer shall remain in effect
for the duration of this MOU unless modified by mutual agreement.
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LOCAL 1 2011-2013
C. The following vacation accruals shall be effective for employees in the
Investigative Unit and other accruals listed in Section 13.2 shall not apply.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
58.10 - Library Unit
A. Section 12 of this MOU regarding holidays is modified for all employees in the
classifications of this unit to delete the day after Thanksgiving as a holiday and to
add the Day before Christmas as a holiday. The libraries will close at 6:0 0 p.m.
on the day before Thanksgiving.
B. The Libraries will close at 5:00 p.m. on New Year's Eve. Employees shall
rearrange their work schedules so that they work a full eight (8) hour shift.
C. It is the position of the Library Department that employee s in classes represented
in the Library Unit are on their own time during their lunch period and are not
subject to be called back to work during their lunch period.
D. The Library agrees to continue to explore maximizing two days off in a row for
library personnel covered by this MOU.
E. County Library personnel shall get a five percent (5%) differential for all
scheduled hours worked between 6:00 p.m. and 9:00 p.m.
F. Employees in the Library Unit, who work Saturday shall receive a five percent
(5%) differential for all hours worked on such Saturday. Said five percent (5%)
differential shall not apply to any overtime hours worked on Saturday.
G. In the event that Sunday is to become part of the scheduled work week for
Library Unit employees, the County agrees to meet and confer with the Union
regarding those employees who will be assigned to work Sunday as part of their
regularly scheduled work week.
H. The County Library Reassignment Policy shall be as follows:
Definition. A reassignment is the voluntary or involuntary transfer or movement
of an employee from one work site to another in the same classification.
Reassignment Criteria. Reassignments are made to facilitate the Library
System's service function and efficiency. Library Administration shall make
reassignments based on the needs of the branch/system in relation to public
service and will consider the following employee factors as they relate to these
needs: the employee's job performance and development, the employee's
subject/age specialization, the employee's seniority in the classification within the
department, the distance between the work site and the employee's residence,
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LOCAL 1 2011-2013
and the assignment preferences of the employee as obtained by the procedures
outlined below.
When circumstances other than seniority appear to Administration to equally or
nearly equally meet the system service needs, then seniority shall govern.
In accordance with the above criteria, the Administration shall consider all
internal requests for reassignment befo re making an appointment from any
eligibility list and in no event shall reassignments be utilized for disciplinary
purposes or be arbitrary. The Library shall notify Local #1 in writing when the
employee selected is not the most senior employee and the re asons for such
selection along with a list of those employees not selected.
In the event a grievance is filed regarding such request, the grievance shall be
considered timely filed provided it is submitted within thirty (30) calendar days
from the date of the Library’s notification.
Procedures for Reassignment. Any employee may submit a request for
reassignment to Administration at any time. Such requests will be kept on file for
the current fiscal year.
Announcement of vacancies from resignations or promotions shall be distributed
to all geographic work sites for a posting period of five work days. The
announcement shall include: (1) Classification and total hours of position; (2)
Work site; (3) Age-level assignments. During the posting period, the vacancy
shall not be filled.
Before any decisions necessitating involuntary reassignments are made,
Administration will solicit information from employees involved regarding their
career development, goals, assignment preferences and their view of branc h
needs. This information will generally be obtained through employee conferences
with Deputy County Librarian or Assistant County Librarian.
Whenever feasible, an employee who is reassigned will be given two (2) weeks
notice.
Any employee who has been reassigned or any employee who has requested a
vacancy and is not reassigned to that position, may request to meet with
Administration to discuss the reasons for the decision, or may request the
reasons be provided in writing.
I. The Librarians assigned to work in the County Detention Facility shall receive in
addition to his/her base pay a differential of five percent (5%) of base pay
differential as premium compensation for this assignment.
J. The Library Practice Advisory Committee shall continue for the duration of this
MOU.
K. The County Library agrees to continue the present vacation scheduling policy.
Vacations in the Library Department are scheduled by location. Preference of
vacation shall be given to employees at that location according to Coun ty
service, as reasonably as possible. Vacation requests will be submitted by
employees for the twelve (12) month period, March 1 to February 28. Preference
in choices of dates will be given on the basis of greatest County service of
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LOCAL 1 2011-2013
employees submitting vacation requests by February 15, irrespective of
employee organization affiliation.
The process shall consist of the employee in the branch (or other work unit
assigned), with most County service making his/her first choice of one
continuous block of time, and continuing to the next most senior employee, until
each employee, on this first round, shall have been assigned his/her first choice
(second or third if more senior employee(s) also requested the dates). This
procedure shall be repeated for the seco nd block of time, with the next most
senior employee who requested at least two blocks of time, having first choice,
from the remaining vacant time slots, and so on, for as many rounds of
assignment as there were blocks of vacation time requested. Complete d vacation
schedule will then be posted in the branch or other work unit. Those employees
unable to specify a choice of dates will turn in a vacation request form with no
choices indicated. Subsequent requests can then be made, in writing, at least
two weeks before the requested vacation time. These requests will be granted on
a "first come, first served" basis.
Employees may cancel or reschedule their granted vacation dates. These
cancellations and requests for rescheduling should be made, in writing, at least
two weeks before the canceled or rescheduled vacation time. The rescheduling
will be granted or denied according to same "first come, first served" basis
mentioned above.
All cancellations of previously approved vacation dates will be posted on
Vacation Schedule, and be available to other employees on the basis of seniority
rather than "first come, first served." Upon reassignment, employees take their
approved vacation dates with them to their new location.
The following vacation accruals shall be effective October 1, 1981 for employees
in the Library Unit and other
accruals listed in Section 13.3 shall not apply.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
L. The Library Department shall make every effort consistent with efficient
operations to provide that no employee shall be scheduled to work more than two
(2) after 6:00 p.m. shifts in a calendar week, unless that employee specifically
requests that shift for a specified period of time.
No employee shall work more than half the Saturday shifts within a mutually
agreed upon period of time (two (2) or eight (8) week cycl es), unless that
employee specifically requests that shift for a specified period of time.
Thirty-two (32) and twenty (20) hour employees will maintain a four (4) day work
week unless employees specifically agree to a variant days -off schedule. Choice
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LOCAL 1 2011-2013
of shift assignments at a work site shall be determined by County seniority in
class.
However, employees who mutually agree to trade shift assignments at a given
work site may do so, on a temporary or permanent basis, depending on their
mutual agreement.
M. Thirty-two (32) hour employees who voluntarily reduced their hours to reduce the
impact of layoff shall be treated as forty (40) hour employee's for purposes of a
future layoff pursuant to Section 11.4 of this MOU.
N. Permanent full-time and permanent part-time staff represented by the Library
Unit of Local One shall be eligible for reimbursement of up to fifty dollars ($50.00)
per fiscal year for membership in either the American Library Association or the
California Library Association. Reimbursement will occur through the regular
demand process with demands being accompanied by proof of payment (copy of
invoice or canceled check).
O. When there are promotional or open and promotional exams for positions within
the Library, the Library will provide trai ning for staff members who meet the
qualifications for the position in order to assist staff to prepare for the exam.
P. The County shall continue to provide to the Union a copy of any layoff or recall
list(s) for all affected employees in the unit. Furth ermore, it is agreed that the
County shall continue to recall for all assignments, whether permanent, short -
term or provisional, employees who have been reduced in time, demoted or
reassigned to Permanent-Intermittent in strict seniority order.
In addition, the County agrees to keep a written record of all offers of
employment and assignments to affected employees and to make such
information available to the Union upon request. Qualified eligible permanent
employees will be considered for acting or pro visional appointments before filling
vacancies with temporary employees.
Q. The County and Union agree to establish a joint labor -management task force to
discuss workload related issues. The task force shall consist of up to three
members selected by the Union and up to three members selected by
management.
R. The Library will request that all vacant, funded permanent positions be filled
following the adoption of the 1994 -95 budget.
S. The County agrees that all provisions of the July 1, 1993 side lette r regarding the
San Ramon Library will remain in effect for the term of this MOU.
T. Effective February 1, 2000, employees in the classification of Library Assistant
who are regularly assigned “in Charge” at the Outlets (Rodeo, Crockett, Bay
Point), shall be classified Library Assistant -Advanced Level.
U. The following applies to all Permanent-Intermittent employees.
Permanent-Intermittent employees will be notified before being employed that
they must agree to be available to work at least 240 hours pe r year, and must be
available to work no less than seven (7) Sundays per year.
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LOCAL 1 2011-2013
The annual tracking of hours and Sundays shall be on a calendar year basis. If a
Permanent Intermittent employee is hired after January 1, the requirements for
available Sundays, and hours worked, will be prorated as of the hire date, unless
the period remaining in the year is less than one month, in which case the period
for administering the P.I. tracking hours agreement shall begin the first of the
upcoming year.
Permanent Intermittent employees shall be entitled to designate specific
geographic availability at no fewer than six sites.
All substitute job hours shall be listed in Subfinder, an automated online program
for reviewing, accepting, and canceling shifts. All P ermanent Intermittent
employees must be registered in Subfinder.
The P.I. employee shall be entitled to designate specific days not to exceed 45
days when he/she is not available for assignments. Not withstanding the above,
P.I. employees are entitled to Leave provisions of the MOU.
On a quarterly basis, the Library Department shall provide a report to Local One
which shows Permanent Intermittent total hours worked, and the number of
Sundays worked.
An employee may request a waiver of hours and weekend criteria by submitting
a request for an exemption in writing to the Administrative Services Officer:
Human Resources for the Library Department who shall give full and fair
consideration to the request. A written decision shall be forwarded to the
employee within 30 days. If the request is denied, the employee may appeal to
the County Librarian. If denied at that level the employee may appeal to the
Director of Human Resources, whose decision shall be final.
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LOCAL 1 2011-2013
The Library Department will make training available to all new and current
Permanent Intermittent employees. Staff will be paid for training time and such
hours shall count as hours worked
Date:
Contra Costa County: PEU, Local 1:
(Signature / Printed Name) (Signature / Printed Name)
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