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HomeMy WebLinkAboutMINUTES - 08102010 - SD.6RECOMMENDATION(S): ADOPT the attached Resolution No. 2010/415 approving the Memorandum of Understanding between the In-Home Supportive Services (IHSS) Public Authority and SEIU United Healthcare Workers West (UHW) implementing negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 2009 through September 30, 2011. FISCAL IMPACT: Estimated savings to the County General Fund of approximately $151,000. BACKGROUND: The previous Memorandum of Understanding (MOU) between the In-Home Supportive Services Authority (Public Authority) and the SEIU United Healthcare Workers West (Union) was effective from October 1, 2007 through September 30, 2009. By ordinance, the Contra Costa County Board of Supervisors has directed the County Director of Human Resources to serve as the manager of labor relations for the Public Authority. The Union and the Public Authority began collective bargaining negotiations for a new APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/10/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cheri Branson, 925-335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 10, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: HR Director, Labor Relations, CAO Fiscal, CAO Analyst, Public Authority, Aging & Adult Services Director SD. 6 To:Board of Supervisors From:Ted Cwiek, Human Resources Director Date:August 10, 2010 Contra Costa County Subject:Memorandum of Understanding with SEIU United Healthcare Workers West (UHW) for October 1, 2009 through September 30, 2011 MOU on BACKGROUND: (CONT'D) September 10, 2009. Thirteen bargaining sessions in total were conducted, including on July 14, 2010, when the parties reached tentative agreement. The Union membership will have ratified the MOU prior to the August 10, 2010 meeting of the Contra Costa County Board of Supervisors, with the specific date being provided at that time. The parties discussed several issues in the course of collective bargaining, principally health insurance and pension benefits. The parties agreed to cap pension fund participation by the Public Authority at the rate of $.15 per hour, with the employees agreeing to provide additional pension funding through the elimination of a transportation benefit and additional contributions by the employees for their health insurance benefits, as necessary. The approved collective bargaining agreement will be effective from October 1, 2009 through September 30, 2011. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Resolution No. 2010/415 IHSS/UHW MOU MEMORANDUM OF UNDERSTANDING BETWEEN IN-HOME SUPPORTIVE SERVICES AUTHORITY AND SEIU - UNITED HEALTHCARE WORKERS WEST This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors’ Resolution 81/1165 and Contra Costa County Ordinance No. 98- 14 and has been jointly prepared by the parties. The Director of Human Resources is the manager of labor relations for the In-Home Supportive Services (IHSS) Public Authority in authority-provider relations matters as provided in Board of Supervisors' Resolution 81/1165 and Contra Costa County Ordinance No. 98-14. The parties have met and conferred in good faith regarding wages and other terms and conditions of employment as defined in Welfare and Institutions Code Section 12301.6 and Contra Costa County Ordinance No. 98-14 for the providers in the unit in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the authority-provider relations covering such providers. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the IHSS Public Authority, as the joint recommendations of the undersigned for salary and other adjustments for the period commencing October 1, 2009 and ending September 30, 2011. SECTION 1 - DEFINITIONS SEIU, UHW 2009-2011 MOU 2 SECTION 1 - DEFINITIONS Days – Means calendar days unless otherwise specified. SECTION 2 - UNION RECOGNITION SEIU, United Healthcare Workers West (Union) is the formally recognized employee organization for the representation unit listed below, and has been certified as such pursuant to Board of Supervisors’ Resolution 81/1165 and Contra Costa County Ordinance No. 98-14. In-Home Supportive Services Provider Unit SECTION 3 - MUTUAL RESPECT The IHSS Public Authority and the Union agree that all workers and administrators involved in the IHSS program regardless of position, profession, or rank, will treat each other with courtesy, dignity and respect. The foregoing shall also apply in providing services to the public, specifically including IHSS consumers. The Public Authority and the Union will meet, in a timely manner, from time to time, at the request of either party, to discuss issues regarding the application of this section. SECTION 4 - NO DISCRIMINATION There shall be no discrimination because of sex, race, creed, color, national origin, sexual orientation or union activities against any provider by the IHSS Public Authority or by anyone employed by the Authority; and to the extent prohibited by applicable State and Federal law there shall be no discri- mination because of age. There shall be no discrimination against any disabled person seeking to be listed on the IHSS registry solely because of such disability unless that disability prevents the person from performing the essential functions established for the position or from carrying out the duties of the position safely. SECTION 5 - PAYROLL To promote a timely and accurate payroll system, the Authority and the Union shall work together to identify causes and solutions to problems resulting in late, lost or inaccurate paychecks and similar issues. The Authority shall add an additional drop box for Providers to deposit their timesheets in the lobby of the Public Authority. This drop box will be in addition to the existing drop box located at 500 Ellinwood Way in Pleasant Hill. When the causes of problems are outside the Authority’s direct control, the Authority and Union shall work cooperatively to create solutions by bringing the problems to the attention of the responsible agencies (this may include the State’s payroll department, for example). SECTION 6 - UNION RIGHTS SEIU, UHW 2009-2011 MOU 3 The Authority shall provide all home care workers with direct clerical and local access phone numbers at the Public Authority to call for timely answers to payroll questions and resolutions to problems. The Authority shall address resolutions to payroll problems in a timely manner. The Authority and the Union shall share information on the causes and potential solutions for payroll issues in good faith and in a spirit of cooperative problem solving. SECTION 6 - UNION RIGHTS 6.1 List and Information. The IHSS Public Authority shall, on a monthly basis, provide the Union a list of all current providers including name, address, telephone number, social security number and hours worked. The list will be provided in an agreed upon format. The Union shall defend, indemnify, save, protect and hold harmless Contra Costa County and Contra Costa County In-Home Supportive Services Authority and their respective boards, directors, officers and employees from any and all claims, costs and liabilities for any damages and/or injury arising from disclosure to SEIU of IHSS provider names, social security numbers, addresses and phone numbers. The County’s and/or Contra Costa County In-Home Supportive Services Authority’s right to be defended, indemnified, saved, protected and held harmless hereunder shall be unaffected by the concurrent negligence of the County, the Contra Costa County In-Home Supportive Services Authority or any other person. The IHSS Public Authority will provide a bulletin board in each of its offices for use by the Union provided the communications displayed have to do with official organization business including, but not limited to, times and places of meetings and further provided that the employee organization appropriately posts and removes the information. The Executive Director reserves the right to remove objectionable materials after notification to and discussion with the Union. 6.2 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 unit. 6.3 Agency Shop. The Union agrees that it has a duty to provide fair and non-discriminatory representation to all providers for which this section is applicable regardless of whether they are members of the Union. All providers who work twelve (12) or more hours in a month 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 laws. 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: SECTION 6 - UNION RIGHTS SEIU, UHW 2009-2011 MOU 4 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 6.B.2 to a non- religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and STAND Against Domestic Violence 4. The Union shall provide the County with a copy of the Union's agency fee procedure and each revision thereof, and shall provide notice of said procedure to bargaining unit members as required by all applicable laws. Failure by an employee to invoke the said procedure within one month after actual notice shall be a waiver by the employee of his/her right to contest the amount of the agency fee, unless otherwise required by law. 5. Annually, the Union shall provide the Human Resources Director with copies of the financial report required pursuant to the Labor-Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after the end of the fiscal year shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed, and upon mutual agreement, this time limit may be extended to one hundred twenty (120) days. The provider’s earnings must be sufficient after required deductions are made to cover the amount of the dues or agency shop fees. When a provider is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of a provider who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection all required deductions have priority over Union dues and agency shop fees. The Authority and the Union will cooperate in the implementation and subsequent administration of this section. 6.4 Hold Harmless. The Union shall indemnify, defend, and save the County and the IHSS Public Authority 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 or the Authority under this Section. This includes, but is not limited to, the County’s or Authority’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 acting in their capacity as the governing body of the IHSS Public Authority. The IHSS Public Authority shall provide the above information concerning the agency shop, including the agency shop/union membership form, to all new providers covered by this MOU as they enroll in the IHSS program after the effective date of this MOU. SECTION 7- WAGES SEIU, UHW 2009-2011 MOU 5 SECTION 7- WAGES 7.1 Wages. A. Except as provided in Section 7.2 below, the wages of all represented providers shall be $10.50 per hour, and: Effective: Upon Board of Supervisor’s ratification, and state approval of rate change: $10.75 Effective October 1, 2008: $11.25 Effective January 1, 2009: $11.50 7.2 Wage Contingency. If, during the term of this Agreement, either state or federal participation levels are reduced or, either the state or federal sharing formula is modified in any manner that would result in an increased cost to the County and/or the Public Authority, wages will be reduced by an amount necessary to keep the total cost to the County and/or the Public Authority the same as such cost existed on the day prior to the effective date of such reduction or modification. The Public Authority shall provide to UHW a detailed written description of any adjustments to be made pursuant to Section 7, Wages, thirty (30) days prior to the effective date of such adjustments. Upon receipt of a written request from UHW to do so, the Public authority will meet and confer to discuss the impact of the above-described loss of funding, but in no case shall the Public Authority be required to increase its contribution toward wages. If, the state authorizes an increase in participation that exceeds $12.10 per hour, the union may request in writing to meet and confer on the subject of wages only, in 2009, at a time which is mutually agreeable to both parties. SECTION 8 - CONSUMER RIGHTS 8.1 Consumer as Employer. Under State Law and County Ordinance establishing the IHSS Public Authority, Consumers have the sole and undisputed right to: 1) hire Providers of their choice; 2) remove Providers from their service at will; 3) determine in advance and under all circumstances who can and cannot enter their home; and 4) supervise the work of Providers providing services to them. 8.2 Confidentiality-Right to Privacy. The Union shall neither seek nor receive information regarding the name, address, phone number, or any other personal information regarding consumers. Union representatives and IHSS providers shall maintain strict standards of confidentiality regarding SECTION 9 - REGISTRY SEIU, UHW 2009-2011 MOU 6 consumers and shall not disclose personal information obtained, from whatever source, pertaining to consumers, unless disclosure is compelled by legal process or otherwise authorized by law. SECTION 9 - REGISTRY In accordance with Welfare and Institutions Code Section 12301.6 and Contra Costa County Ordinance No. 98-14, the Authority shall operate a registry for the purpose of assisting Consumers in finding Providers. The parties agree to meet and confer regarding registry matters which impact provider wages, hours and working conditions including, but not limited to, possible respite and emergency referrals. SECTION 10 - GRIEVANCE PROCEDURE 10.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any Authority official or consumer shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any stage of the process. Grievances must be filed within thirty (30) 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 provider who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the Authority’s Executive Director or such representative as the Director may designate. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant, or the Union on the grievant’s behalf, may submit the grievance in writing within fifteen (15) days to the IHSS Public Authority Director or his/her designated labor relations representative. The 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. The Public Authority Director or his designee shall have twenty (20) days in which to respond to the grievance in writing. If the grievant requests a meeting with the IHSS Public Authority Director 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, either party may request in writing within twenty (20) days that the matter be referred to non-binding confidential mediation. Mediation will only occur upon the parties’ mutual agreement. The parties will mutually select a mediator, or if agreement cannot be reached, the parties may request that a mediator be assigned by the State Mediation and Conciliation Service. Anything discussed during the mediation will remain confidential and cannot be used or referenced during any subsequent proceedings (i.e. arbitration, a different grievance, etc.) Step 4. No grievance may be processed under this Section, which has not first been filed and investigated in accordance with Step 1 and 2 above and filed within fifteen (15) days of the written SECTION 11 - TRAINING SEIU, UHW 2009-2011 MOU 7 response of the IHSS Public Authority Director or the completion of mediation. 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, either the grievant, or the Union on the grievant’s behalf, or the IHSS Public Authority may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant, or the Union of the grievant’s behalf, and the IHSS Public Authority Director. Within twenty-five (25) days of the request for arbitration, the parties shall mutually select an arbitrator who shall render a decision within forty-five (45) 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 or the Union on the grievant’s behalf, and the IHSS Public Authority. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any. 10.2 Scope of Arbitration Decisions. A. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and such dispute falls within the definition of a grievance as set forth in Subsection 1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. No change in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Authority and the Union. 10.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the Authority fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 10.4 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. SECTION 11 - TRAINING SECTION 12 - HEALTH AND SAFETY SEIU, UHW 2009-2011 MOU 8 The Authority shall seek and give full consideration to the Union’s input for the purpose of developing and implementing training programs for Providers. Training materials and the curriculum will be developed in conjunction with the Advisory Committee, giving full consideration to the Union’s input. The Public Authority shall provide reasonable notice to the Union of group orientations of Registry providers and provider training classes. The Public Authority shall provide an opportunity for Union representatives to make presentations at such gatherings. This section is not intended to require the Public Authority to notify the Union of non-group orientations it conducts for individual providers. The Public Authority shall have sole discretion regarding scheduling of group orientations of Registry providers and provider training classes. Presentations by Union representatives at such gatherings shall be limited such as to not infringe on time needed for primary purposes of provider training and orientation. The Public Authority shall inform all new Registry applicants that they are required to either join the Union or to pay Union Fair Share Service Fees as a condition of IHSS employment, and will make Union authorization forms and related printed SEIU, United Healthcare Workers West information available at group and individual orientations of Registry providers and at provider training classes. The Union likewise agrees to make materials provided by the Public Authority available at Union events. SECTION 12 - HEALTH AND SAFETY The Authority staff will meet with Advisory Committee members, social workers, Public Health staff, the Union and other interested parties to explore/study this issue; and, if needed, develop a policy and procedure to address the issue. SECTION 13 –PENSION FUND PARTICIPATION A. Coverage: The IHSS Public Authority agrees to make contributions on behalf of eligible IHSS providers as defined and covered by this MOU to the Service Employees International Union National Industry Pension Fund, hereinafter referred to as the “Fund” in the amounts specified in Section C below. B. Term: The IHSS Public Authority agrees to become and remain a participating Employer in the Fund beginning on July 1, 2001 through the end of the term of this MOU, including any extension thereof, provided that the IHSS Public Authority’s contributions are eligible for Federal matching funds. C. Contributions: 1. The IHSS Public Authority will contribute to the Fund in the amount of $0.15 for each hour worked by eligible IHSS providers covered by this MOU. SECTION 13 –PENSION FUND PARTICIPATION SEIU, UHW 2009-2011 MOU 9 2. Contributions required by this provision shall be paid to the Fund on or before the last day of the month following the period for which contributions are due, or before such other date as the Trustees may hereafter determine. 3. Contributions shall be transmitted together with a remittance report containing such information, in such manner, and on such form as may be required by the Trustees of the Fund or their designee. 4. Contributions for an IHSS provider shall begin once an IHSS provider has worked one thousand (1,000) hours after July 1, 2001. Contributions shall be made for such IHSS provider irrespective of the number of hours worked, in subsequent years. Until contributions are required to be made on behalf of an IHSS provider pursuant to the terms of this provision, the IHSS provider shall not be deemed to be a covered IHSS provider in covered employment within the meaning of the SEIU National Industry Pension Plan. 5. In the event that the Fund imposes any surcharges upon the Public Authority after September 30, 2011, the parties agree that the wages of the providers will be reduced to offset the total cost of any and all surcharges. This means the provider hourly rate, set forth in Section 7 – Wages, will be reduced by an amount per hour, to be determined, until the total of all surcharges imposed by the Fund has been recouped by the Public Authority. The parties understand and agree that the full cost of any and all surcharges imposed upon the Public Authority by the Fund after September 30, 2011, are to be paid in full by the providers. 6. Both parties acknowledge that there may be other ways to provide a retirement benefit for the providers and agree to work cooperatively over the course of this agreement to identify other options that are both economically sound and fulfill the purpose of creating an appropriate retirement benefit. D. Trust Agreement: The IHSS Public Authority hereby agrees to be bound by the provisions of the Agreement and Declaration of Trust establishing the Fund, as it may, from time to time, be amended, and by all resolutions and rules adopted by the Trustees pursuant to the powers delegated to them by that Agreement, including collection policies, receipt of which is hereby acknowledged. The IHSS Public Authority hereby designates the Employer members of the Fund’s Board of Trustees, or their duly selected successor(s), as its representatives on the Board. E. Cooperation: The IHSS Public Authority and Union agree to cooperate with the Trustees of the Fund in distributing Plan booklets, literature and other documents supplied by the Fund Administrator and in obtaining and providing such census and other data as may be required by the Fund’s Administrator or Trustees to enable them to comply with the applicable provisions of the Employee Retirement Income Security Act (ERISA). In any case, there shall be no mailing or other costs incurred by the IHSS Public Authority. The parties acknowledge that the provisions of this Section and the participation of the IHSS providers covered by it are subject to approval by the Trustees of the Fund and that the Trustees reserve the right to terminate, at their sole and unreviewable discretion, the participation of the IHSS providers covered by this MOU and to establish the level(s) of benefits to be provided. SECTION 14 - HEALTH/DENTAL PLAN SEIU, UHW 2009-2011 MOU 10 Termination may be directed by the Trustees for reasons including, but not limited to, failure of the IHSS Public Authority to timely pay contributions and expiration of the MOU. In the event the Trust ceases or otherwise terminates coverage of IHSS providers, the IHSS Public Authority shall have no other pension obligation to the IHSS providers. The parties further acknowledge that the Trustees’ acceptance for participation in the Fund of the IHSS providers covered by the MOU is limited only to the categories of employment covered by the MOU at the time application for acceptance occurs and the admission of other categories for employment to participate in the Fund will require specific acceptance by the Trustees SECTION 14 - HEALTH/DENTAL PLAN The following benefit programs shall be offered to IHSS providers (providers): a. Program. The IHSS Public Authority shall offer CCHP Plan A-2 single coverage including single dental coverage to eligible IHSS providers. Effective September 1, 2010 the IHSS Public Authority’s CCHP Plan A-2 premium contribution shall be $ 305.60 per month for eligible IHSS providers. b. 1. Effective September 1, 2010, the eligible IHSS provider’s CCHP Plan A-2 premium contribution shall be twenty-four ($ 24.00) dollars per month. Effective January 1, 2011, the IHSS provider’s CCHP Plan A-2 premium contribution shall be twenty four dollars and eighty six cents ($24.86) per month. 2. Should CCHP Plan A-2 premiums increase over the course of this agreement the Public Authority shall provide Union written notice of the amount of such premium increase at least sixty (60) days before the premium increase takes effect. Either the Union or the IHSS Public Authority may request in writing, prior to the effective date of the premium increase, an MOU re-opener for the limited purpose of discussing allocation of those additional premium costs. c. In the event that federal FMAP (Federal Medical Assistance Percentages) funding continues at ARRA (American Recovery and Reinvestment Act) funding levels (61.59%) beyond December 31, 2010, the eligible provider’s premium contribution identified for January 01, 2011, in subparagraph 14.b. above will be reduced to $24.57 per month. If, after December 31, 2010, FMAP funding continues at ARRA funding levels that are greater than 50%, but less than 61.59%, then the eligible provider’s premium contribution identified for January 1, 2011 will be reduced, but by a lesser amount that is proportionate to the decrease in the ARRA funding level. d. Eligibility. 1.) Initial eligibility shall be achieved when an IHSS provider has two (2) consecutive months of service at an average of forty-five (45) paid hours per month. In order to maintain eligibility, an IHSS provider shall continue to have at least forty-five (45) paid hours during each successive month. In the first (1st) month in which an IHSS provider is paid for forty-five (45) or more hours, as verified by CMIPS data, the IHSS Public Authority will forward the provider’s name to CCHP by the 15th of the following (2nd) month. CCHP will prepare and mail enrollment packets to the eligible providers by the 25th of that (2nd) month. An IHSS provider SECTION 15 - OFFICIAL REPRESENTATIVES, STEWARDS SEIU, UHW 2009-2011 MOU 11 must return the completed packet to CCHP by the last business day of the enrollment (3rd) month for health coverage to be effective on the first day of fourth (4th) month. 2.) Any applications received by CCHP after the last business day of the enrollment (3rd) month will not be accepted, but an eligible IHSS provider will be eligible to enroll during the next open enrollment period. 3.) Providers, previously granted eligibility, who work and are paid thirty-five (35) hours or more per month and who, since January 1, 2004, have been enrolled in CCHP Plan A-2 including single dental coverage, will continue to be eligible for CCHP A-2 including single dental coverage. If a provider does not have at least thirty-five (35) or more paid hours for sixty (60) or more days, the provider will be required to reestablish initial eligibility as outlined in Section 14 (d) of this MOU. e. Pre-Pay. IHSS providers who have achieved eligibility under the terms of subsection 14.1d “Eligibility” will pre-pay the provider’s portion of the premium cost so that the effective date of enrollment begins the first of the following month after the provider is eligible. IHSS providers must continue to pre-pay their portion of the health insurance premium in order to continue benefits. f. Implementation. Open Enrollment periods shall be for thirty (30) days and be held in November of each year. e. IHSS providers who are temporarily ineligible for any IHSS Public Authority CCHP Plan A-2 premium contribution may purchase, at their own cost coverage under CCHP Plan A-2, in accordance with the procedures set forth by the Contra Costa County Health Plan. SECTION 15 - OFFICIAL REPRESENTATIVES, STEWARDS 15.1 Official Representatives. The Union shall notify the IHSS Public Authority of their Official Representatives and changes in such Representatives. The list shall be sent to the Labor Relations Unit and a copy will be sent to the Executive Director of the IHSS Public Authority. 15.2 Stewards. The Union shall notify the IHSS Public Authority of the names of their Stewards at the beginning of the contract year and update the names as changes occur. SECTION 16 - NO STRIKE/NO LOCKOUT During the term of this MOU, the Union, its members and representatives, agree not to engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production, or refusal to perform customary duties. The IHSS Public Authority agrees not to lockout members during the term of this MOU. SECTION 17 – TRANSPORTATION SECTION 18 – LABOR-MANAGEMENT COMMITTEE SEIU, UHW 2009-2011 MOU 12 For the duration of this Agreement, no payments will be made from the Transportation Fund ($75,000.00 fund). The parties understand and agree that the funds from the Transportation Fund ($75,000.00) will be used to offset these increased pension costs to the Public Authority. During the term of this Agreement, if the additional payments demanded by the SEIU National Industry Pension Fund exceed $75,000.00, or if additional funding becomes available to the Public Authority so that payments from the Transportation Fund could be restored, the parties will meet and confer at their earliest availability. SECTION 18 – LABOR-MANAGEMENT COMMITTEE In order to encourage open communications, promote harmonious relations and resolve matters of mutual concern, the parties agree to create a labor-management committee. The committee will be governed by the following: 1. The committee will meet every month or as mutually agreed to by the parties. 2. The topics for such meetings may include, but are not limited to, mutual respect, payroll problems, paid time off (P.T.O.) and administrative issues associated therewith, health and safety issues and training and education. SECTION 19 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 19.1 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. 19.2 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 invalida- tion of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. SECTION 19 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS SEIU, UHW 2009-2011 MOU 13 SEIU United Healthcare Workers West MOU October 1, 2009 and ending September 30, 2011. Dated: Contra Costa County: SEIU United Health Care Workers- West - IHSS: