HomeMy WebLinkAboutMINUTES - 07242012 - SD.3RECOMMENDATION(S):
ADOPT Resolution No. 2012/311 approving the updated Memorandum of Understanding (MOU) between Contra
Costa County and the Public Employees Union, Local 1 – CSB – Site Supervisor Unit (Local 1 - CSB) implementing
negotiated wage agreements and other economic terms and conditions of employment, for the period of July 1, 2011
through June 30, 2013 and superseding the MOU adopted on January 24, 2012 in Resolution No. 2012/34.
FISCAL IMPACT:
The fiscal impact described in Resolution No. 2012/34 remains unchanged.
BACKGROUND:
Public Employees Union, Local 1 – CSB – Site Supervisor Unit (Local 1 - CSB) and the County reached a Tentative
Agreements (TA) and ratified those terms on or about January 13, 2012. The Memorandum of Understanding
(MOU) was adopted by the Board of Supervisors on January 24, 2012 (Res. No 2012/34).
After adoption, it was discovered that
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/24/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Ted Cwiek, (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: July 24, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Ted Cwiek, David Twa, Robert Campbell
SD. 3
To:Board of Supervisors
From:Ted Cwiek, Human Resources Director
Date:July 24, 2012
Contra
Costa
County
Subject:Memorandum of Understanding between Contra Costa County and the Public Employees Union, Local 1 – CSB –
Site Supervisor Unit (Local 1 - CSB).
BACKGROUND: (CONT'D)
SECTION 1 – RECOGNITION did not include all of the classifications represented by this Unit. The corrected
language reads as follows:
“The Union is the formally recognized employee organization for the Family and Children’s Services – Site
Supervisor Unit. The Union has been certified as such, pursuant to Chapter 34-12 of Contra Costa County
Board of Supervisors’ Resolution 81/1165. Represented classifications in this unit are:
Site Supervisor I – Project (CJH2)
Site Supervisor II – Project (CJG1)
Site Supervisor III – Project (CJF1)”
The updated MOU, which is attached, includes all modifications previously adopted by the Board with the
addition of the corrected SECTION 1 – RECOGNITION. All other changes to wages and other economic terms
and conditions of employment are described in Resolution No. 2012/34.
CONSEQUENCE OF NEGATIVE ACTION:
The Local 1 - CSB MOU will not have the correct classifications listed in SECTION 1 – RECOGNITION.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2012/311
Local 1 - CSB MOU
DEFINITIONS
LOCAL NO. 1, CSB SITE SUPERVISOR 1 2011-2013
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES UNION, LOCAL # 1
CSB SITE SUPERVISOR UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the
authority contained in Division 34 of the Contra Costa County 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 reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors,
as the governing board of Contra Costa County as the joint recommendations of
the undersigned for salary and employee benefit adjustments for the term set
forth herein.
DEFINITIONS
LOCAL NO. 1, CSB SITE SUPERVISOR 2 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 allocated to the
class, and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of an employee to another position in a class allocated to
a salary range for which the top step is lower than the top step of the class which
the employee formerly occupied except as provided for under "Transfer" or as
otherwise provided for in this MOU, or in the Personnel Management
Regulations.
Director of Human Resources: The person designated by the County
Administrator to serve as the Assistant County Administrator-Director of Human
Resources.
Eligible: Any person whose name is on an employment or reemployment or
layoff list for a given 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/her return.
Employment List: A list of persons who have been found qualified for
employment in a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class
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.
DEFINITIONS
LOCAL NO. 1, CSB SITE SUPERVISOR 3 2011-2013
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. Project
employees are not covered by the Merit System.
Promotion: The change of an employee to another position in a class allocated
to a salary range for which the top step is higher than the top step of th e class
which the employee formerly occupied, except as provided for under "Transfer"
or as otherwise provided for in this MOU, or in the Personnel Management
Regulations.
Position: The assigned duties and responsibilities calling for the regular full
time, part-time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to
another class at the same range of the salary schedule or to a class which is
allocated to another range that is within five percent (5%) of the top step, except
as otherwise provided for in the Personnel Management Regulations, or other
ordinances.
Reclassification: The act of changing the allocation of a position by raising it to
a higher class or reducing it to a lower class on the basis of significant changes
in the kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to
class and, who have voluntarily separated and are qualifi ed for consideration for
reappointment under the Personnel Management Regulations governing
reemployment.
Resignation: The voluntary termination of employment with the County.
Temporary Employment: Any employment which will require the services of an
incumbent for a limited period of time, paid on an hourly basis, not in an allocated
position or in permanent status.
Transfer: The change of an employee to another position in a class which is
allocated to a range on the salary plan that is within five perc ent (5%) at top step
as the class previously occupied by the employee.
Union: Public Employees Union, Local One
SECTION 2 - UNION SECURITY
LOCAL NO. 1, CSB SITE SUPERVISOR 4 2011-2013
SECTION 1 - RECOGNITION
The Union is the formally recognized employee organization for the Family and
Children’s Services – Site Supervisor Unit. The Union has been certified as
such, pursuant to Chapter 34-12 of Contra Costa County Board of Supervisors’
Resolution 81/1165. Represented classes in this unit are:
Site Supervisor I – Project (CJH2)
Site Supervisor II – Project (CJG1)
Site Supervisor III – Project (CJF1)
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution
81/1165, only a majority representative may have dues deduction and as such
the Union has the exclusive privilege of dues deduction for all members in its
unit.
2.2 Maintenance of Membership. All employees in the Community Services
Bureau - Site Supervisor Unit, represented by the Union, who are currently
paying dues to the Union and all employees in such unit 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 class to which the employee is assigned, unless
the employee has exercised the option to cease paying dues in accordanc e with
Section 2.4 – Withdrawal of Membership.
2.3 Union Dues Form. Employees hired into classifications represented by
the Union shall, as a condition of employment at the time of employment,
complete a Union Dues Authorization Card provided by the Unio n and shall have
deducted from their paychecks the membership dues of the Union. Said
employees shall have thirty (30) days from the date of hire to decide if they do
not want to become a member of the 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 Division 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 pa ycheck 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 , s/he 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 an MOU, that the employee is
required to authorize payroll deductions of Union dues as a condition of
employment and that such authorization may be revoked within the first thirty
(30) days of employment upon proper written notice by the employee, within said
thirty (30) day period as set forth above. Ea ch such employee shall, upon
SECTION 2 - UNION SECURITY
LOCAL NO. 1, CSB SITE SUPERVISOR 5 2011-2013
completion of the authorization form, receive a copy of said authorization form
which shall be deemed proper notice of his or her right to revoke said
authorization.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Office in
writing, between August 1, 2005 and August 31, 2005 any employee assigned to
a classification in the CSB Site Supervisor Unit 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 10th paycheck. Immediately upon the 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.
2.5 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 Union.
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 assessments 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
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 2.5.B.2 to a non-religious, non-labor,
charitable fund chosen by the employee from the
following charities: Family and Children's Trust Fund,
Child Abuse Prevention Council and Battered
Women's Alternative.
SECTION 2 - UNION SECURITY
LOCAL NO. 1, CSB SITE SUPERVISOR 6 2011-2013
C. The Union shall provide the County with a copy 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 thereafter, 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 2.5.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 California 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 fe e 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.
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
2.5.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
SECTION 2 - UNION SECURITY
LOCAL NO. 1, CSB SITE SUPERVISOR 7 2011-2013
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.
I. In the event that employees in a bargaining unit represented by the
Union vote to rescind agency shop, the provisions of Section 2.2
and 2.4 shall apply to dues-paying members of the Union.
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 matters within the scope of representation and further provided that the
employee organization appropriately posts and removes the information. The
Department Head reserves the right to remove objectionable materials after
notification and discussion with the Union.
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 representative; said represen tatives
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.
SECTION 2 - UNION SECURITY
LOCAL NO. 1, CSB SITE SUPERVISOR 8 2011-2013
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 and its use by the Union is
scheduled twenty-four (24) hours in advance;
b. there is no additional cost to the County;
c. it does not interfere with normal County operations;
d. employees in attendance are not on duty and are not
scheduled for duty;
e. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The 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, 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 commission s designated by the Board, and
to meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a propo sal
at least seventy-two (72) hours before the item will be heard, or the delivery of a
copy of the proposal at least twenty-four (24) hours before the item will be heard,
shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated
by the Board, determines it must act immediately without such notice or meeting,
it shall give notice and opportunity to meet as soon as practical after its action.
2.9 Assignment of Classes to Bargaining Units. The County shall assign
new classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Labor
Relations Manager shall review the composition of existing representation
units to determine the appropriateness of including some or all of the
employees in the new Class in one or more existing representation units,
and within a reasonable period of time, shall notify all recognized
SECTION 3 - NO DISCRIMINATION AND AMERICANS WITH
DISABILITIES ACT (ADA).
LOCAL NO. 1, CSB SITE SUPERVISOR 9 2011-2013
employee organizations of his or her determination.
B. Final Determination. This determination is final unless, within ten (10)
days after notification, a recognized employee organization re quests in
writing to meet and confer thereon.
C. Meet and Confer and Other Steps. The Labor Relations Manager shall
meet and confer with such requesting organizations (and with other
recognized employee organizations where appropriate) to seek agreement
on this matter within sixty (60) days after the ten -day period in Subsection
B, unless otherwise mutually agreed. Thereafter, the procedures in cases
of agreement and disagreement, arbitration referral and expenses, and
criteria for determination shall conform to those in Subsections (d) through
(i) of Section 34-12.008 of Board Resolution 81/1165.
2.10 Written Statement for New Employees. The County will provide a
written statement to each new employee hired into a classification in the
bargaining unit, noting 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 that 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.
2.11 Additional Information. Upon written request by the Union and no more
that two times per year, the Department shall provide a list of the names and
classifications of employees that are members of this representation unit.
SECTION 3 - NO DISCRIMINATION AND 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 applicant for
employment by the County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there shall be no
discrimination because of age. There shall be no discrimination against any
disabled person solely because of such disability unless that disability prevents
the person from meeting the minimum standards established for the position, or
from carrying out the duties of the position safely.
The County and the Union recognize that the County has an obligation to
reasonably accommodate disabled employees. If by reason of the aforesaid
requirement, the County contemplates actions to provide reason able
accommodation to an individual employee in compliance with the Americans with
Disabilities Act (ADA) which are in conflict with any provision 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
SECTION 4 - OFFICIAL REPRESENTATIVES
LOCAL NO. 1, CSB SITE SUPERVISOR 10 2011-2013
County may implement the accommodation if required by law without further
negotiations. Nothing in this MOU shall preclude the County from taking actions
necessary to comply with the requirements of the ADA.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as 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;
b. If their attendance is sought by a hearing body or presentation of
testimony or other reasons;
c. if their attendance is required for meeting(s) scheduled at reasonable
times, agreeable to all parties, and required to address appeals filed
pursuant to Section 23 – Grievance Procedure of this MOU;
d. 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 he arings on
wages, salaries and working conditions; provided in each case advance
arrangements for time away from the employee's work station or
assignment are made with the appropriate department head or his
designee, and the County agency calling the meeti ng is responsible for
determining that the attendance of the particular employee(s) is required.
f. 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).
4.2 Union Representatives. Official representatives of the Union shall be
allowed time off on County time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Labor
Relations Manager or other management representatives on matters within the
scope of representation, provided that the number of such representatives shall
not exceed two (2) without prior approval of the Labor Relations Manager, and
that advance arrangements for the time away from the work station or
assignment are made with the appropriate department head or designe e.
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 11 2011-2013
4.3 Release Time for Training. The County shall provide a maximum of
sixteen (16) total hours per year of release time for official representatives of the
Union to attend Union-sponsored training programs.
Requests for release time shall be provided in writing to the Department and
County Human Resources 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) wee k of
receipt.
SECTION 5 – SALARIES
5.1 General Wages. Because employees in the Community Services Bureau
Site Supervisor 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.
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%).
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
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
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 12 2011-2013
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 51 2
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 permanent 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
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 13 2011-2013
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 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 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 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 to 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;
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 14 2011-2013
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
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
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 permanent 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:
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 15 2011-2013
1. The employee must be employed by the County on or before January
1, 2012;
2. The employee must be employed on a permanent intermittent 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 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,
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 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).
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 16 2011-2013
E. LUMP SUM PAYMENT PROCESSED ON MAY 10, 2013 PAY
WARRANT. The employee’s regular earnings will be subject to the
employee’s required deductions, such as taxes, wage garnishments, and
retirement.
5.2 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of the
position to which the appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum of the range.
5.3 Certification Rule.
A. Open Employment List. On each request for personnel from an open
employment list, ten (10) names shall be certified. If more than one (1)
position is to be filled in any class in a department at the same time from
the same request for personnel, the number of names to be certified from
an open employment list shall be equal to the number of positions to be
filled plus nine (9).
B. Promotional Employment List. On each request for personnel from a
promotional employment list, five (5) names shall be certified. If more than
one (1) position is to be filled in any class in a department at the same
time from the same request for personnel, the number of names to be
certified from a promotional employment list shall be equal to the number
of positions to be filled plus four (4).
5.4 Anniversary Dates. Anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the empl oyee
successfully completes six (6) months service; provided however, if an
employee began work on the first regularly scheduled workday of the
month, the anniversary date is the first day of the calendar month when
the employee successfully completes six (6) months service.
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 and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has
been reallocated or reclassified to a class allocated to the same sala ry
range or to a salary range which is within five percent (5%) of the top step
of the previous classification, remains unchanged.
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 17 2011-2013
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.
5.5 Increments Within Range. The performance of each employee, except
employees already at the maximum salary step of the appropriate salary range,
shall be reviewed on the anniversary date as set forth in Section 5.4 –
Anniversary Dates, to determine whether the salary of the employee shall be
advanced to the next higher step in the salary range. Advancement shall be
granted on the affirmative recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing authority may
recommend denial of the increment or denial subject to one additional review at
some specified date before the next anniversary, such date to be set at the time
the original report is returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within -range
increment be granted at one time. In case an appointing authority recommends
denial of the within range increment on some particular anniversary date, but
recommends a special salary review 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.
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 in the
same ratio to the established monthly rate as the number of days worked is to
the actual working days in such employee's normal work schedule for the
particular month.
5.7 Position Reclassification. An employee who is an incumbent of a
position which is reclassified to a class which is allocated to the same range of
the basic salary schedule as is the class of the position before it was reclassified,
shall be paid at the same step of the range as the employee received under the
previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a
lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 18 2011-2013
classification. The salary of an incumbent of a position which is reclassified to a
class which is allocated to a range of the basic salary schedule greater than the
range of the class of the position before it was reclassified shall be governed by
the provisions of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall be
compensated at the same step in the new salary range the employee was
receiving in the range to which the class was previously allocated. If the
reallocation is from one salary range with more steps to a range with fewer
steps or vice versa, the employee shall be compensated at the step 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 th an
the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule,
apart from the general salary increase or decrease described in 5.8.A
above, each incumbent of a position in the reallocated class shall be
placed upon the step of the new range which equals the rate of pay
received before the reallocation. In the event that the steps in the new
range do not contain the same rates as the old range, each incumbent
shall be placed at the step of the new range which is next above the salary
rate received in the old range, or if the new range does not contain a
higher step, at the step which is next lower than the sala ry received in the
old range.
C. In the event an employee is in a position which is reallocated to a different
class which is allocated to a salary range the same as, above, or below
the salary range of the employee's previous class, the incumbent shall be
placed at the step in the new class which equals the rate of pay received
before reallocation. In the event that the steps in the range for the new
class do not contain the same rates as the range for the old class, the
incumbent shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does
not contain a higher step, the incumbent shall be placed at the step which
is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep
class resolution and incumbent salary allocations, if any, shall supersede
Section 5.9 – Salary on Promotion.
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 5.11 – Salary on Voluntary Demotion, shall
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 19 2011-2013
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 maxi mum salary for the higher class. In
the event of the appointment of a laid off employee from the layoff list to the class
from which the employee was laid off, the employee shall be appointed at the
step which the employee had formerly attained in the hig her class unless such
step results in a decrease in which case the employee is appointed to the next
higher step. If however, the employee is being appointed into a class allocated to
a higher salary range than the class from which the employee was laid of f, 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 - Transfer, shall have his/her salary reduced to
the 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 step in the new range which is five percent (5%) less than the
next lower step; provided, however, that the next step shall not be less than the
minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she has
been demoted, all within-range increments having been granted.
5.11 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 remain the same if
the steps in his or her new (demoted) salary range permit, and if not, new salary
shall be set at the step next below former salary.
5.12 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the
new class which equals the rate of pay received before the transfer. In the event
that the steps in the range for the new class do not contain the same rates as the
range for the old class, the employee shall be placed at the step of the new
range which is next above the salary rate received in the old range; or if the new
range does not contain a higher step, the employee shall be placed at the ste p
which is next lower than the salary received in the old range.
5.13 Pay for Work in Higher Classification. When an employee in this
representation unit is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned,
the employee shall receive compensation for such work at the rate of pay
established for the higher classification pursuant to Section 5.9 - Salary on
SECTION 5 – SALARIES
LOCAL NO. 1, CSB SITE SUPERVISOR 20 2011-2013
Promotion, at the start of the second full day in the assignment, under the
following conditions. Payment shall be made retroactive after completing the first
forty (40) consecutive hours worked in the higher classification.
a. The employee is assigned to a program service, or activity established by
the Board of Supervisors which is reflected in an authorized position which
has been established 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 substitute for
regular promotional procedures 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 (180) days no additional waiting period will be
required.
g. Any incentives (e.g., the education incentive) and special differentials
(e.g., bilingual differential) accruing to the employee in his/her regular
position shall continue.
h. During the period of work for higher pay in a higher classif ication, an
employee will retain his/her regular classification, and anniversary and
salary review dates will be determined by time in that classification; except
that if the period of work for higher pay in a higher classification exceeds
one (1) year continuous employment, the employee, upon satisfactory
performance in the higher classification, shall be eligible for a salary
review in that class on his/her next anniversary date. Notwithstanding any
other salary regulations, the salary step placement of employees
appointed to the higher class immediately following termination of the
assignment, shall remain unchanged.
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
SECTION 6 – DAYS AND HOURS OF WORK.
LOCAL NO. 1, CSB SITE SUPERVISOR 21 2011-2013
the twenty-fifth (25th) day of each month, draw his/her warrant upon the
Treasurer in favor of such employee.
The advance shall be in an amount equal to one -third (1/3) or less, at the
employee's option, of the employee's basic salary of the previous month except
that it shall not exceed the amount of the previous month's basic salary less all
requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section, 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 Pay Warrant Errors. If an employee receives a pay warrant which has an
error in the amount of compensation to be received and if this error occurred as a
result of a mistake by the Auditor-Controller's Department, it is the policy of the
Auditor-Controller's Department that the error will be corrected and a new
warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and
holidays from the time the Department is made aware of and verifies that the pay
warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current
pay rate but that no recovery of either overpayments or underpayments to an
employee shall be made retroactively except for the six (6) month period
immediately preceding discovery of the pay error. This provision shall apply
regardless of whether the error was made by the employee, the appointing
authority or designee, the Director of Human Resources or designee, or the
Auditor-Controller or designee. Recovery of 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 6 – DAYS AND HOURS OF WORK.
6.1 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.
SECTION 7 – ANNUAL ADMINISTRATIVE LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 22 2011-2013
6.2 Workweek For Employees on Regular Work Schedule: For employees
who work the regular work schedule, the workweek begins at 12:01 a.m. on
Monday and ends at 12 midnight on Sunday.
SECTION 7 – ANNUAL ADMINISTRATIVE LEAVE
Site Supervisors shall continue to be credited with sixty (60) hours of paid
administrative leave each January 1st. This leave time is non -accruable and all
balances will be zeroed-out effective December 31, each year. Employees hired
after January 1 shall have such leave prorated based upon position hours.
This administrative leave is provided in recognition of those situations when Site
Supervisors are expected to work additional hours without receiving overtime
pay, such as when responding to emergencies, attending various meetings and
administering the program.
SECTION 8 –SECTION INTENTIONALLY LEFT BLANK
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
9.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the union and take the following actions:
A. Identify the classification(s) in which position reductions may be required
due to funding reductions or shortfalls.
B. Advise employees in those classifications that position reductions may
occur in their classifications.
C. Accept voluntary leaves of absence from employees in those
classifications which do not appear to be potentially impacted by possible
position reductions when such leaves can be accommodated by the
department.
D. Consider employee requests to reduce their position hours from full time
to part time to alleviate the impact of the potential layoff s.
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 shortf alls when it is a viable operational alternative
for the department(s).
F. Review various alternatives which will help mitigate the impact of the layoff
by working through the Tactical Employment Team program (TET) to:
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
LOCAL NO. 1, CSB SITE SUPERVISOR 23 2011-2013
1. Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
2. Determine if there are other positions to which employees may be
transferred.
3. Refer interested persons to vacancies which occur in other job
classes for which they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as
resume preparation, alternate career counseling, job search
strategy, and interviewing skills.
G. When it appears to the Department Head and/or Labor Relations Officer
that the Board of Supervisors may take action which will result in the layoff
of employees in a representation unit, the Labor Relations Officer shall
notify the Union of the possibility of such layoffs and shall meet and confer
with the Union regarding the implementation of the action.
9.2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) may be laid off when the position is
no longer necessary, or for reasons of economy, lack of work, lack of
funds or for such other reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on
inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off, full time employee may displace an
employee in the department having less seniority in the same class
who occupies a permanent part-time position, the least senior
employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced
employee who had completed probation in a class at the same or
lower salary level as determined by the salary schedule in effect at
the time of layoff may displace within the department and in the
class of an employee having less seniority; the least senior
employee being displaced first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
LOCAL NO. 1, CSB SITE SUPERVISOR 24 2011-2013
1. Permanent part-time employees may displace only employees
holding positions of the same type respectively.
2. A full time employee may displace any part-time employee with less
seniority 1) in the same class or, 2) in a class of the same or lower
salary level if no full time employee in a class at the same or lower
salary level has less seniority than the displacing employees.
3. Former full time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the
impact of a proposed layoff with the written approval of the Director
of Human Resources or designee retain their 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.
4. It is understood that Project employees are not covered by the
Merit System and that Project employees cannot displace Merit
System employees.
E. Seniority. An employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the employee's
length of service in the particular class in question to the employee's
length of service in other classes at the same or higher salary levels as
determined by the salary schedule in effect at the time of layoff.
Employees reallocated or transferred without examination from one class
to another class having a salary within five (5%) percent of the former
class shall carry the seniority accrued in the former class into the new
class. Service for layoff and displacement pu rposes includes only the
employee's last continuous regular County employment. Periods of
separation may not be bridged to extend such service unless the
separation is a result of layoff in which case bridging will be authorized if
the employee is reemployed in a position within the period of layoff
eligibility.
Approved leaves of absence as provided for in this MOU 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 regular County employment. If there remain ties seniority
rights, such ties shall be broken by counting total time in the department in
regular employment. Any remaining ties shall be broken by random
selection among the employees involved.
F. Eligibility for Layoff List. Whenever any person is laid off, has been
displaced, has been demoted by displacement or has voluntarily demoted
in lieu of layoff or displacement, or has transferred in lieu of layoff or
displacement, the person's name shall be placed on the layoff list for the
class of positions from which that person has been removed.
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
LOCAL NO. 1, CSB SITE SUPERVISOR 25 2011-2013
G. Order of Names on Layoff List. First, layoff lists shall contain the names of
persons laid off, displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily demoted or transferred in lieu of
layoff or displacement. Names shall be listed in order of layoff seniority in
the class from which laid off, displaced, demoted or transferred on the
date of layoff, the most senior person listed first. In case of ties in
seniority, the seniority rules shall apply except that where there is a class
seniority tie between persons laid off from different departments, the tie(s)
shall be broken by length of last continuous regular County employment
with remaining ties broken by random selection among the employees
involved.
H. Duration of Layoff and Reemployment Rights . The name of any person
granted reemployment privileges shall continue on the appropriate list for
a period of two (2) years. Persons placed on layoff lists shall continue on
the appropriate list for a period of four (4) years.
I. Appointment of Persons From Layoff Lists. Layoff lists contain the
name(s) of person(s) laid off, displaced or demoted by displa cement or
voluntarily demoted in lieu of layoff 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. Non -Merit
employees will be required to meet all Merit System requirements when
seeking appointment to a Merit System job.
J. Removal of Names from Reemployment & Layoff Lists . The Director of
Human Resources may remove the name of any eligible from a
reemployment or layoff list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
2. On evidence that the eligible cannot be located by postal
authorities.
3. On receipt of a statement from the appointing authority or eligible
that the eligible declines certification or indicates no further desire
for appointment in the class.
4. If three (3) offers of 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
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
LOCAL NO. 1, CSB SITE SUPERVISOR 26 2011-2013
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 Director of Human Resources
or the appointing authority within ten (10) days to written notice
mailed to the person's last known address.
6. If the person on the reemployment or layoff list is appointed to
another position in the same or lower classification, the name of the
person shall be removed.
7. However, if the first 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 List. The Director of
Human Resources may remove the name of any eligible from a
reemployment or layoff list if the eligible fails to respond within five (5)
days to a written notice mailed to the person's last known address.
9.3 Notice. The County will give employees scheduled for layoff at least ten
(10) work days notice prior to their last day of employment.
9.4 Special Employment Lists. The County will establish a Tactical
Employment Team (TET) employment pool which will includ e the names of all
laid off County employees. The names of employees who remain County
employees but who 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 in 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 shall be interviewed. Seniority
for this subsection shall be County seniority.
9.5 Reassignment of Laid Off Employees. Employees who displaced within
the same classification from full time to part-time 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
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
LOCAL NO. 1, CSB SITE SUPERVISOR 27 2011-2013
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 reassign ment procedure to be followed to
obtain reassignment back to their former status at the time of the workforce
reduction. The most senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when a more senior laid off
individual remains on the layoff list and has not been appointed back to the class
from which laid off, a referral from the layoff list will be made to fill the vacancy.
9.6 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 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 vacan t, funded,
already been granted a waiver from a hiring freeze, if any, and a
personnel request pursuant to Part 7 of the Personnel Management
Regulations to fill that position has been submitted to the Human
Resources Department.
C. Effective January 1, 2 010, 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 following
classifications:
Job Code
Cook 1KWA
Lead Cook 1KTA
Custodian GK7A, GKW B
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.
SECTION 10 – HOLIDAYS
LOCAL NO. 1, CSB SITE SUPERVISOR 28 2011-2013
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 9.6.C will be implemented
in accordance with Sections 9.2.C and 9.2.D.
E. A reduction in hours does not constitute a layoff for purposes of
subsection C of Section 9.6.
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 9.6 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 9.6 expire on June 29, 2012.
SECTION 10 – HOLIDAYS
10.1 Holidays Observed. The County will observe the following holidays:
January 1st, known as New Year's Day
Third Monday in January, known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
10.2 Floating Holidays. Effective January 1, 2012, all employees shall accrue
four (4) hours of personal holiday credit per month. Such pe rsonal holiday time
may be taken in increments of one-tenth (1/10) hour (6 minutes). No employee
may accrue more than forty (40) hours of personal holiday credit. On separation
SECTION 11 - VACATION LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 29 2011-2013
from County service, the employee shall be paid for any unused personal holid ay
credits at the employee's then current pay rate.
10.3 - Holiday is NOT Worked and Holiday Falls on Regularly Scheduled
Work Day:
A. Holidays Observed – Full-Time Employees: Full-time employees on the
regular work schedule are entitled to observe a holi day (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. Holidays Observed – Part-Time Employees: Part-time employees 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.
10.4 – Provisions for Part-Time Employees and Permanent-Intermittent
Employees - Reopener: The parties will reopen the provisions of Section 10 of
this Memorandum of Understanding for the limited purpose of meeting and
conferring to ensure consistent practices across departments regarding part -time
employees and permanent-intermittent employees.
10.5 Automated Time Keeping: The Union will continue to meet and confer
with the County regarding implementation of an Automated Tim e Keeping system
for all County employees.
SECTION 11 - VACATION LEAVE
11.1 Vacation Allowance. Employees covered by this agreement 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
position. Increased accruals begin on the first of the month following the month in
which the employee qualifies. Accrual for portions of a month shall be in
minimum amounts of one (1) hour calculated on the same basis as for partial
month compensation pursuant to Section 5 of this MOU. Vacation credits may
be taken in 1/10 hour (6 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.
SECTION 11 - VACATION LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 30 2011-2013
11.2 Vacation Accrual Rates. Employees shall accrue vacation credit as
follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
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 accru e
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:
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.
SECTION 11 - VACATION LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 31 2011-2013
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.
3. February 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 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 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 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.
11.3 Accrual During Leave Without Pay. No employee who has been granted
a leave without pay or unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who is absent without pay
accrue vacation credit during the absence.
11.4 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.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 32 2011-2013
11.5 Vacation Buy Back
Employees may elect payment of up to one-third (1/3) of their annual vacation
accrual, subject to the following conditions:
(1) the choice can be made only once in each calendar year;
(2) payment shall be based on an hourly rate determined by dividing the
employee’s monthly salary by 173.33; and
(3) the maximum number of hours that may be paid in any calendar year is
one-third (1/3) of the annual accrual.
(4) employees promoted or hired by the County into any classifi cation
represented by Local 1 CSB on and after January 1, 2012, are not eligible
for the Vacation Buy-Back benefit. However, any employee who was
eligible for a Vacation Buy-Back benefit before promoting into a
classification represented by Local 1 CSB will retain that benefit after
promoting into a classification represented by Local 1 CSB.
In those instances where a lump-sum payment has been made to employees as
a retroactive general salary adjustment for a portion of the calendar year, which
is subsequent to exercise by an employee of the buy-back provision herein, that
employee’s vacation buy-back shall be adjusted to reflect the percentage
difference in base pay rates upon which the lump -sum payment was computed –
provided that the period covered by the lump-sum payment was inclusive of the
effective date of the vacation buy-back.
SECTION 12 - SICK LEAVE
12.1 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.
12.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue
at the rate of eight (8) working hours credit for each completed month of service,
as prescribed by County Salary Regulations. Employees who work a portion of a
month are entitled to a pro rata share of the monthly sick leave credit computed
on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one -
tenth hour (6 minutes) increments.
Unused sick leave credits accumulate from year to year.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 33 2011-2013
When an employee is separated other than through retirem ent, accumulated sick
leave credits shall be canceled, unless the separation results from layoff, in
which case the accumulated credits shall be restored if re -employed in a regular
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 (1) day of retirement service credit for each day
of accumulated sick leave credit.
12.3 Policies Governing the Use of Paid Sick Leave. As indicated above,
the primary purpose of paid sick leave is to ensure employees against loss of pay
for temporary absences from work due to illness or injury. The following
definitions apply:
Immediate Family: Includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-
in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle,
cousin, stepbrother, stepsister, or domestic partner of an employee and/or
includes any other person for whom the employee is the legal guardian or
conservator, or any person who is claimed as a "dependent" for IRS reporting
purposes by the employee.
Employee: Any person employed by Contra Costa County in an allocated
position in the County service.
Paid Sick Leave Credits: Sick leave credits provided for by County Salary
Regulations and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is
requested or verified, a brief statement in non-technical terms from the employee
regarding inability to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
a. Temporary Illness or Injury of an Employee. Paid sick leave credits may
be used when the employee is off work because of a tempo rary illness or
injury.
b. Permanent Disability Sick Leave. Permanent disability means the
employee suffers from a disabling physical injury or illness and is thereby
prevented from engaging in any County occupation for which the
employee is qualified by reason of education, training or experience. Sick
leave may be used by permanently disabled employees until all accruals
of the employee have been exhausted or until the employee is retired by
the Retirement Board, subject to the following conditions:
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 34 2011-2013
1. An application for retirement due to disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick
leave for permanent disability.
3. The appointing authority may review medical evidence and order
further examination as deemed necessary, and may terminate use
of sick leave when such further examination demonstrates that the
employee is not disabled, or when the appointing authority
determines that the medical evidence submitted by the employee is
insufficient, or where the above conditions have not been met.
c. Communicable Disease. An employee may use paid sick leave credits
when under a physician's order to remain seclu ded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage, abortion,
childbirth, or recovery therefrom, shall be allowed to utilize sick leave
credit to the maximum accrued by such employee during the period of
such disability under the conditions set forth below:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of
disability from the employee's attending physician. The statement
must address itself to the employee's general physical condition
having considered the nature of the work performed by the
employee, and it must indicate the date of the commencement of
the disability as well as the date the physician anticipates the
disability to terminate.
2. If an employee does not apply for leave and the appointing
authority believes that the employee is not able to properly perform
her work or that her general health is impaired due to disability
caused or contributed to by pregnancy, miscarriage, abortion,
childbirth or recovery therefrom the employee shall be required to
undergo a physical examination by a physician selected by the
County. Should the medical report so recommend, a mandatory
leave shall be imposed upon the employee for the duration of the
disability.
3. 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 statement from her attending physician stating that
her disability continues and the projected dates of the employee's
recovery from such disability.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 35 2011-2013
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 prescheduled 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 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.
12.4 Administration of Sick Leave. The proper administration of sick leave is
a responsibility of the employee and the department head. The following
procedures apply:
a. Employee Responsibilities
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.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 36 2011-2013
2. Employees are responsible for keeping their department
informed on a continuing basis of their condition and
probable date of return to work.
3. Employees are responsible for obtaining advance approval
from their supervisor for the scheduled time of pre-arranged
personal or family medical and dental appointment.
4. Employees are encouraged to keep the department advised
of (1) a current telephone number to which sick leave related
inquiries may be directed, and (2) any condition(s) and/or
restriction(s) that may reasonably be imposed regarding
specific locations and/or persons the department may
contact to verify the employee's sick leave.
b. Department Responsibilities. The use of sick leave may properly be
denied if these procedures are not followed. Abuse of sick leave on
the part of the employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the
legitimacy of the sick leave claim. The department head or
designee may make reasonable inquiries about employee
absences. The department may require medical verification for an
absence of three (3) or more working days. The department may
also require medical verification for absences of less than three (3)
working days for probable cause if the employee had been notified
in advance in writing that such verification was necessary. Inquiries
may be made in the following ways:
1. Calling the employee's residence telephone number or other
contact telephone number provided by the employee if
telephone notification was not made in accordance with
departmental sick leave call-in guidelines. These inquiries
shall be subject to any restrictions imposed by the employee
under Section 12.4.a.
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another form established
for that purpose, as employee certification of the legitimacy
of the claim.
3. Obtaining the employee's written statement of explanation
regarding the sick leave claim.
4. Requiring the employee to obtain a physician's certificate or
verification of the employee's illness, date(s) the employee
was incapacitated, and the employee's ability to return to
work, as specified above.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 37 2011-2013
5. In absences of an extended nature, requiring the employee
to obtain from their physician a statement of progress and
anticipated date on which the employee will be able to return
to work, as specified above.
Department heads are responsible for establishing timekeeping procedures
which will insure the submission of a time card covering each employee absence
and for operating their respective offices in accordance with these policies and
with clarifying regulations issued by the Office of the County Administrator.
To help assure uniform policy application, the Human Resources Director or
designated management staff of the County Human Resources Department
should be contacted with respect to sick leave determinations about which the
department is in doubt.
12.5 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 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 physically or mentally incapacitated for the
performance of the employees’ 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 employee’s paid time,
a physical, medical examination by a licensed physician and/or psychiatric
examination by a licensed physician or psychologist, and receive a report
of the findings on such examination. If the examining physician or
psychologist recommends that treatment for physical or mental health
problems, including leave, are in the best interests of the employee or the
County in relation to the employee overcoming any disability and/or
performing his or her duties the appointing authority may direct the
employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice
to the employee's right to use sick leave, vacation, or any other benefit to
which the employee is entitled other than regular salary. The Human
Resources Director may order lost pay restored for good cause and
subject to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or injury,
other leave of absence or disability leave, exceeding two weeks in
duration, the appointing authority may order the employee to undergo at
County expense a physical, medical, and/or psychiatric examination by a
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 38 2011-2013
licensed physician, and may consider a report of the findings on such
examination. If the report shows that such employee is physica lly 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.
E. Before an employee is placed on an unpaid leave of absence or
suspended because of physical or mental incapacity under (A) or (B)
above, the employee shall be given notice of the proposed leave of
absence or suspension by letter or memorandum, delivered personally or
by certified mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which
may be indeterminate until a certain physical or mental health
condition has been attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon
which the action is taken;
5. a statement that the employee has until a specified date (not less
than seven (7) work days from personal delivery or mailing of the
notice) to respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause
specified in writing may place the employee on a temporary leave of
absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have
seven (7) work days to respond to the appointing authority either orally or
in writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the appoi nting
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the
order to the employee either personally or by certified mail, effective either
upon personal delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section
may, within ten (10) calendar days after personal delivery or mailing to the
employee of the order, appeal the order in writing through the Dire ctor of
Human Resources to a Disability Review Arbitrator.
J. In the event of an appeal to the Disability Review Arbitrator, the employee
has the burden of proof to show that either:
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB SITE SUPERVISOR 39 2011-2013
1. the physical or mental health condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee's
performance of duty, or is not sufficient to endanger the health or
safety of the employee, other employees, or the public.
K. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually
select the Disability Review Arbitrator, who may be a de facto arbitrator, or
a physician, or a rehabilitation specialist, or some other recognized
specialist mutually selected by the parties. The arbitrator shall hear and
review the evidence. The decision of the Disability Review Arbitrator shall
be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2. The arbitrator may make his decision based only on evidence
submitted by the County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension
is found not to be sustainable, subject to the employee's duty to
mitigate damages.
4. The arbitrator's fees and expenses shall be paid one -half by the
County and one-half by the employee or employee's association.
L. It is understood that the benefits specified in Section 12 – Sick Leave, and
Section 13 – Workers’ Compensation and Continuing Pay, shall be
coordinated with the rehabilitation program as determined by the labor-
management committee.
12.6 Accrual During Leave Without Pay. No employee who has been
granted a leave without pay or an unpaid military 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.
12.7 Confidentiality of Information/Records. Any use of employee medical
records will be governed by the Confidentiality of Medical Information Act (Civil
Code Sections 56 to 56.26).
SECTION 13 – WORKERS’ COMPENSATION AND CONTINUING
PAY
LOCAL NO. 1, CSB SITE SUPERVISOR 40 2011-2013
SECTION 13 – WORKERS’ COMPENSATION AND CONTINUING PAY
13.1 Workers’ Compensation. For all accepted workers’ compensation
claims filed with the County on or after January 1, 2000, employees shall receive
eighty-six percent (86%) of their regular monthly salary during any period of
compensable temporary disability not to exceed one (1) year. For all accepted
claims filed with the County on or after January 1, 2007, the percentage of
regular monthly salary for employees entitled to Workers’ Compensation shall be
decreased from eighty-six percent (86%) to eighty percent (80%). For all
accepted claims filed with the County on or after January 1, 2008, the percentage
of regular monthly salary for employees entitled to Workers’ Compensation shall
be decreased from eighty percent (80%) to seventy-five percent (75%). This
provision excludes those safety employees. If workers’ compensation benefits
become taxable income, the County will restore the former benefit level, one
hundred percent (100%) of regular monthly salary and the parties shall meet and
confer with respect to funding the increased cost.
13.2 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 date 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 the injury, the waiting period will
be the first three (3) calendar days following the date of the injury. The t ime 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.
13.3 Continuing Pay. Eligible employees who are members of this
representation unit shall receive the appropriate percentage of regular monthly
salary during any period of compensable temporary disability not to exceed one
year. Payment of continuing pay and/or temporary disability compensation shall
be made in accordance with Part 2, Article 3 of the Workers’ Compensation Laws
of California. “Compensable temporary disability absence” for the purpose of this
Section, is any absence due to work-connected disability which qualifies for
temporary disability compensation as set forth in Part 2, Article 3 of the Workers’
Compensation Laws of California. When any disability becomes medically
permanent and stationary and/or reaches maximum medical improvement, the
salary provided by this Section shall terminate. No charge shall be made against
sick leave or vacation for these salary payments. Sick leave and vacation rights
shall not accrue for those periods during which continuing pay is received.
Employees shall be entitled to a maximum of one (1) year of continuing pay
benefits for any one injury or illness.
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
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
LOCAL NO. 1, CSB SITE SUPERVISOR 41 2011-2013
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 em ployed 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 Division.
13.4 Physician Visits. Whenever an employee who has been injured on the
job and has returned to work is required by an attending physician to leave work
for treatment during working hours, the employee shall be allowed time off - up to
three (3) hours - for such treatment, without loss of pay or benefits provided the
employee notifies his supervisor of the appointment at least three (3) working
days prior to the appointment or as soon as the employee becomes aware the
appointment has been made. Said visits are to be scheduled contiguous to
either the beginning or end of the scheduled workday whenever possible. This
provision applies only to injuries/illnesses that have been accepted by the County
as work related.
13.5 Applicable Pay Beyond One Year. If an injured employee remains
eligible for temporary disability beyond one (1) year, applicable salary will
continue by integrating sick leave and/or vacation accruals with Workers’
Compensation benefits. If salary integration is no longer available, Workers’
Compensation benefits will be paid directly to the employee as prescribed by
Workers’ Compensation laws.
13.6 Rehabilitation Integration. An injured employee who is eligible for
Workers’ Compensation Rehabilitation Temporary Disability benefits and whose
disability is medically permanent and stationary and/or reaches maximum
medical improvement, will continue to receive applicable 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.
13.7 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.
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
14.1 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 can 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.
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
LOCAL NO. 1, CSB SITE SUPERVISOR 42 2011-2013
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 al l 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
salary.
14.2 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 s ick 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 their 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.
Employees may contact the Human Resources Department, Benefits Division,
for assistance in resolving problems.
14.3 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:
SECTION 15 – CATASTROPHIC LEAVE BANK
LOCAL NO. 1, CSB SITE SUPERVISOR 43 2011-2013
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.
14.4 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 On -
Line Payroll Time Reporting System used by departments for payroll reporting
purposes.
14.5 Election and Practice. Upon election by the membership, all employees
in this representation unit shall participate in the State Disability Insurance
Program. The aforementioned benefits will then be administered in the same
fashion as other Local One units within the County and pursuant to the practice
established by the County.
SECTION 15 – CATASTROPHIC LEAVE BANK
15.1 Program Design. The County Human Resources Department will
operate a Catastrophic Leave Bank which is designed to assist any County
employee who has exhausted all paid accruals due to a serious or catastrophic
illness, injury, or condition of the employee or family member. The program
establishes and maintains a Countywide bank wherein any employee who
wishes to contribute may authorize that a portion of his/her accrued vacation,
compensatory time, holiday compensatory time or floating holiday be deducted
from those account(s) and credited to the Catastrophic Leave Bank. Employees
may donate hours either to a specific eligible employee or to the bank. Upon
SECTION 15 – CATASTROPHIC LEAVE BANK
LOCAL NO. 1, CSB SITE SUPERVISOR 44 2011-2013
approval, credits from the Catastrophic Leave Bank may be transferred to a
requesting employee's sick leave account so that employee may remain in paid
status for a longer period of time, thus partially ameliorating the financial impact
of the illness, injury, or condition.
Catastrophic illness or injury is defined as a critical medical condition, a long-term
major physical impairment or disability which manifests itself during employment.
15.2 Operation. The plan will be administered under the direction of the
Human Resources Director. The Human Resources Department will be
responsible for receiving and recording all donations of accruals and for initiating
transfer of credits from the Bank to the recipient's sick leave account.
Disbursement of accruals will be subject to the approval of a six (6) member
committee composed of three (3) members appointed by the County
Administrator and three (3) members appo inted 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 acc ruals to be
awarded for employees whose donations are non-specific. Consideration of all
requests by the committee will be on an anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to a recipient will be in the
form of sick leave accruals and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must be a member of this
representation unit, 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 donations from balances in the vacation, holiday, floating
holiday, compensatory time, or holiday compensatory time accounts. Employees
who elect to donate to a specific individual shall have seventy-five percent (75%)
of their donation credited to the individual and twenty-five percent (25%) credited
to the Catastrophic Leave Bank.
Time donated will be converted to a dollar value and the dollar value will be
converted back to sick leave accruals at the recipient's base hourly rate when
disbursed. Credits will not be on a straight hour-for-hour basis. All computations
will be on a standard one hundred seventy three and thirty three hundredths
(173.33) basis, except that employees on other than a forty (40) hour week will
have hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred
twenty (120) hours per calendar year.
No element of this plan is grievable. All appeals from either a donor or recipient
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB SITE SUPERVISOR 45 2011-2013
will be resolved on a final basis by the Director of Human Resources.
No employee will have any entitlement to catastrophic leave benefits. The award
of Catastrophic Leave will be at the sole discretion of the committee, both as to
amounts of benefits awarded and as to persons awarded benefits. Benefits may
be denied, or awarded for less than six (6) months. The committee will be entitled
to limit benefits in accordance with available contributions and to choose from
among eligible applicants, on an anonymous basis, those who will receive
benefits, except for hours donated to a specific employee. In the event a
donation is made to a specific employee and the committee determines the
employee does not meet the Catastrophic Leave Bank criteria, the donating
employee may authorize the hours to be donated to the bank or returned to the
donor’s account. The donating employee will have fourteen (14) calendar days
from notification to submit his/her decision regarding the status of their donation,
or the hours will be irrevocably transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to the Catastrophic
Leave Bank.
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee represented by this unit may be
granted a leave of absence without pay upon written request, approved by the
appointing authority; provided, however, that leaves for pregnancy, pregnancy
disability, serious health conditions, and family care shall be gr anted in
accordance with applicable State and Federal law.
16.2 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, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's
usefulness on return to the position;
5. for other reasons or circumstances acceptable to the appointing
authority.
B. An employee must request family care leave at least thirty (30) days
before the leave is to begin if the need for the leave is foreseeable. If the
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB SITE SUPERVISOR 46 2011-2013
need is not foreseeable, the employee must provide written notice to the
employer within five (5) days of learning of the event by which the need for
family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year,
provided the appointing authority may extend such leave for additional
periods. The procedure in granting extensions shall be the same as that in
granting the original leave, provided that the request for extension must be
made not later than thirty (30) calendar days before the expiration of the
original leave.
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 the employee uses
his/her FMLA leave in accordance with Section 16.5 below.
E. Whenever an employee who has been granted a leave without pay
desires to return before the expiration of such leave, the employee shall
submit a request to the appointing authority in writing at least fifteen (15)
days in advance of the proposed return. Early return is subject to prior
approval by the appointing authority. The Human Resources Department
shall be notified promptly of such return.
F. Except in the case of leave of absence due to family care, pregnancy,
pregnancy disability, illness, disability, or serious health condition, the
decision of the appointing authority on granting or denying leave or early
return from leave shall be subject to appeal to the Human Resources
Director and not subject to appeal through the grievance procedure set
forth in this MOU.
16.3 Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without
pay (pre-authorized absence without pay), up to a maximum of fifteen (15)
calendar days for any one period. Longer pre-authorized absences without pay
are considered leaves of absence without pay. Employees who take furlough
time shall have their compensation for the portion of the month worked computed
in accord with Section 5.6 - Compensation for Portion of Month of this MOU. Full
time and part-time employees who take furlough time shall have their vacation,
sick leave, floating holiday, and any other payroll computed accruals computed
as though they had worked the furlough time. When computing vacat ion sick
leave, floating holiday, and other accrual credits for employees taking furlough
time, this provision shall supersede Section 11.3 – Vacation Accrual During
Leave Without Pay, Section 12.2 – Credits To and Charges Against Sick Leave,
Section 12.6 – [Sick Leave] Accrual During Leave Without Pay, and Section 16.1
– [Leave of Absence] Leave Without Pay of this MOU regarding the computation
of vacation, sick leave, floating holiday, and other accrual credits as regards
furlough time only. For payroll purposes, furlough time (absence without pay with
prior authorization of the appointing authority) shall be reported separately from
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB SITE SUPERVISOR 47 2011-2013
other absences without pay to the Auditor-Controller. The existing Voluntary
Time Off program shall be continued for the life of the contract.
16.4 Military Leave. Any employee who is ordered to serve as a member of
the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast
Guard or any division thereof shall be granted a military leave for the period o f
such service, plus ninety (90) days. Additionally, any employee who volunteers
for service during a mobilization under Executive Order of the President or
Congress of the United States and/or the State Governor in time of emergency,
shall be granted a leave of absence in accordance with applicable Federal or
State laws. Upon the termination of such service or upon honorable discharge,
the employee shall be entitled to return to his/her position provided such still
exists and the employee is otherwise qualified, without any loss of standing of
any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may
be accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case of
layoff or promotional examination, time on military leave shall be considered as
time in County service.
Any employee who has been granted a military leave, may upon return, be
required to furnish such evidence of performance of military service or of
honorable discharge as the Director of Human Resources may deem necessary.
16.5 Family Care Leave or Medical Leave. Upon request to the appointing
authority, in a “rolling” twelve (12) month period measured backward from the
date the employee uses his/her FMLA leave, any employee who has permanent
status shall be entitled to at least eighteen (18) weeks leave (less if so requested
by the employee) for:
A. medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
B. family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
16.6 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.
16.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in
broken periods, intermittently on a regular or irregular basis, or may include
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB SITE SUPERVISOR 48 2011-2013
reduced work schedules depending on the specific circumsta nces and situations
surrounding the request for leave. The eighteen (18) weeks may include use of
appropriate available paid leave accruals when accruals are used to maintain
pay status, but use of such accruals is not required beyond that specified in
Section 16.12 below. When paid leave accruals are used for a medical or family
care leave, such time shall be counted as a part of the eighteen (18) week
entitlement.
16.8 Aggregate Use for Spouse. In the situation where husband and wife are
both employed by the County, the family care of medical leave entitlement based
on the birth, adoption or foster care of a child is limited to an aggregate for both
employees together of eighteen (18) weeks during a “rolling” twelve (12) month
period measured backward from the date the employee uses his/her FMLA
leave. Employees requesting family care leave are required to advise their
appointing authority(ies) when their spouse is also employed by the County.
16.9 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;
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB SITE SUPERVISOR 49 2011-2013
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs
to render care or supervision;
4. a statement that the serious health condition warrants the
participation of a family member to provide care during
period of treatment or supervision;
5. if for intermittent leave or a reduced work schedule leave,
the certification should indicate that the intermittent leave or
reduced leave schedule is necessary for the care of the
individual or will assist in their recovery, and its expected
duration.
G. Certification for Medical Leave: A written communication from a health
care provider of an employee with a serious health condition or illness to
the employer, which need not identify the serious health condition
involved, but shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the
functions of the employee's job;
4. if for intermittent leave or a reduced work schedule leave,
the certification should indicate the medical necessity for the
intermittent leave or reduced leave schedule and its
expected duration.
H. Comparable Positions: A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is
used under Section 12.3.D - Sick Leave Utilization for Pregnancy Disability, that
time will not be considered a part of the eighteen (18) week family care leave
period.
16.11 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 th e County contribution by maintaining
their employment in pay status as described in Section 16.12. During the
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB SITE SUPERVISOR 50 2011-2013
eighteen (18) weeks of an approved medical or family care leave under Section
16.5 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 16.12. 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.
16.12 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 main tain pay
status each month by using available sick leave (if so entitled under
Section 12.3 - Policies Governing the Use of Paid Sick Leave), vacation,
floating holiday, compensatory time off or other accruals or entitlements; in
other words, during the first twelve (12) months, a leave of absence
without pay may be "broken" into segments and accruals used on a
monthly basis at the employee's discretion. After the first twelve (12)
months, the leave period may not be "broken" into segments and accruals
may not be used, except when required by LTD Benefit Coordination or
State Disability Insurance/Sick Leave Integration under Section 14 – State
Disability Insurance (SDI) or as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen (18) weeks of an
approved medical or family care leave, if a portion of that leave will be on
a leave of absence without pay, the employee will be required to use at
least 0.1 hour of sick leave (if so entitled under Section 12.3 - Policies
Governing the Use of Paid Sick Leave), vacation floating holiday, or other
accruals or entitlements if such are available, although use of additional
accruals is permitted under subsection A. above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination . An
eligible employee who files an LTD claim and concurrently takes a leave
of absence without pay will be required to use accruals as provided in
Section B herein during the eighteen (18) week entitlement period of a
medical leave specified above. If an eligible employee continues beyond
the eighteen (18) weeks 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 12.3 - Policies Governing the Use of Paid Sick
Leave.
16.13 Leave of Absence Replacement and Reinstatement. Any employee
that is a member of this representation unit, who requests reinstate ment 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
SECTION 17 – JURY DUTY AND WITNESS DUTY
LOCAL NO. 1, CSB SITE SUPERVISOR 51 2011-2013
of severance from service by reason of the reinstatement of an employee, the
provisions of Section 9 - Workforce Reduction and Layoff, shall apply.
16.14 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 alter nate work schedule.
A full time employee taking an intermittent or reduced work schedule leave shall
be reinstated to the same or comparable position if the return to work on a full
schedule is after no more than seven hundred twenty (720) hours, including use
of accruals, of intermittent or reduced schedule leave. At the time the original
leave is approved, the appointing authority shall notify the employee in writing of
the final date to return to work, or the maximum number of hours of leave, in
order to guarantee reinstatement to the same or comparable position. An
employee on a schedule other than 5/40 shall have the time frame for
reinstatement to the same or comparable position adjusted on a pro rata basis.
16.15 Salary Review While on Leave of Abse nce. The salary of an employee
who is on leave of absence from a County position on any anniversary date and
who has not been absent from the position on leave without pay more than six
(6) months during the preceding year, shall be reviewed on the annive rsary date.
Employees on military leave shall receive salary increments that may accrue to
them during the period of military leave.
16.16 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave reques t has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration of a leave, shall be
without pay. Such absence may also be grounds for disciplinary action.
SECTION 17 – JURY DUTY AND WITNESS DUTY
17.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any
time an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
If summoned for jury duty in a Superior, Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or they may take paid
leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and
expenses paid to them.
When an employee is summoned for jury duty selection or is selected as a juror
in a Superior or Federal Court, employees may remain in a regular pay status if
SECTION 18 - PROBATIONARY PERIOD
LOCAL NO. 1, CSB SITE SUPERVISOR 52 2011-2013
they waive all fees (other than mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain from the
Clerk or Jury Commissioner a certificate indicating the days attended and
noting that fees other than mileage are waived or surrendered. The
employee shall furnish the certificate to his department where it will be
retained as a department record. No "Absence/Overtime Record" is
required.
b. An employee who elects to retain all fees must take leave (vacation,
floating holiday, etc.) or leave without pay. No court certificate is required
but an "Absence/Overtime Record" must be submitted to the department
payroll clerk.
Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
An employee on short notice standby to report to court, whose job duties make
short notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short
notice.
17.2 Witness Duty. Employees called upon as a witness or an expert witness
in a case arising in the course of their work or the work of another department
may remain in their regular pay status and turn over to the County all fees and
expenses paid to them, other than mileage allowance, or they may take vacation
leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g., accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 17.1 of this MOU. Employees shall advise their
department as soon as possible if scheduled to appear for witness duty.
SECTION 18 - PROBATIONARY PERIOD
Appointments of employees within this representation unit, for original entrance
and promotion, shall be subject to a probationary period commencing on the date
of appointment. For original entrance appointments, the probationary pe riod shall
be nine (9) months in duration. For promotional appointments, the probationary
period shall be six (6) months.
SECTION 19 - PROMOTION
LOCAL NO. 1, CSB SITE SUPERVISOR 53 2011-2013
The probationary period shall not include time served in temporary or provisional
appointments or any period of continuous leave of absence without pay or period
of work-connected disability exceeding fifteen (15) calendar days. When the
probationary period for a class is changed, only new appointees to positions in
the classification shall be subject to the revised probationary perio d.
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. If a clerical or administrative error
delays a probationary report and it is determined that it was the intent of the
appointing authority to retain the probationer, the employee affected will not
suffer any loss of pay or benefits.
An employee rejected during the probation period from a position 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 who is laid off during probation, if reemployed in the same class by
the department, shall be required to complete only the balance of the required
probation. If reemployed in another classification, the employee shall serve a full
probationary period.
During the probationary period, employees are subject to termination by the
appointing authority without cause and without right of appeal or compliance with
Section 22 – Dismissal, Suspension, Reduction in Pay, and Demotion, or Section
23 – Grievance Procedure, of this MOU.
SECTION 19 - PROMOTION
19.1 Competitive Examination. Promotion shall be by competitive
examination unless otherwise provided in this MOU.
19.2 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.
19.3 Open Exams. If an examination for one of the classes represented by the
Union is proposed to be announced on an open only basis, the Director of
Human Resources shall give five (5) days prior notice of such proposed
announcement and shall meet at the request of the Union to discuss the reasons
for such open announcement.
SECTION 20 – VACANCIES AND REASSIGNMENT
20.1 Reassignment of Work Location. Employees desirous of reassignment
SECTION 21 – RESIGNATIONS
LOCAL NO. 1, CSB SITE SUPERVISOR 54 2011-2013
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.
This provision applies to intradepartmental reassignments only. In no event shall
reassignments be utilized for disciplinary purposes. Involuntary transfer or
reassignment shall include a mandatory two (2) week notice.
20.2 Vacancies. The Department agrees to post all vacancies for at least
seven (7) calendar days to provide employees the opportunity to express interest
in, and apply for, said vacancies. The Department Head or designated
representative shall make the sole determination as to assignment of personnel.
SECTION 21 – 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.
21.1 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.
21.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
a. An employee has been absent from duty for five (5) consecutive working
days without leave; and
b. Five (5) more consecutive 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) working 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.
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY
REDUCTION IN PAY, AND DEMOTION
LOCAL NO. 1, CSB SITE SUPERVISOR 55 2011-2013
21.3 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 21.1, may seek recession of the resignation and reinstatement by
delivering an appeal in writing to the Human Resources Director 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.
21.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
21.5 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 following
the appointing authority's acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the
appointing authority acknowledges that the resignation could have been
believed to be coerced, this question should be handled as an appeal
under the grievance procedure contained in Section 23 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 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN
PAY, AND DEMOTION
22.1 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, susp ension or demotion may be
based on reasons other than those specifically mentioned:
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY
REDUCTION IN PAY, AND DEMOTION
LOCAL NO. 1, CSB SITE SUPERVISOR 56 2011-2013
a. Absence without leave.
b. Conviction of any criminal act involving moral turpitude.
c. Conduct tending to bring the County or Department into disrepute.
d. Disorderly or immoral conduct.
e. Incompetence or inefficiency.
f. Insubordination.
g. Being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises.
h. Neglect of duty (i.e. non-performance of assigned responsibilities).
i. Negligent or willful damage to public property or waste of public supplies
or equipment.
j. Violation of any lawful or reasonable regulation or order given by a
supervisor or Department Head.
k. Willful violation of any of the provisions of the County’s ordinance or the
Personnel Management Regulations.
l. Material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment.
m. Misappropriation of County funds or property.
n. Unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU.
o. Dishonesty or theft.
p. Excessive or unexcused absenteeism and/or tardiness.
q. Sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical
conduct of a sexual nature, when such conduct has the purpose or effect
of affecting employment decisions concerning an individual, or
unreasonably interfering with an individual's work performance, or creating
an intimidating and hostile working environment.
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY
REDUCTION IN PAY, AND DEMOTION
LOCAL NO. 1, CSB SITE SUPERVISOR 57 2011-2013
22.2 Skelly Requirements. Before taking a disciplinary 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, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or omissions and grounds upon
which the action is based.
c. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shal l be included with
the notice.
d. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to respond to
the appointing authority either orally or in writing.
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 County to provide his/her union with a copy of the Notice of Propos ed 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.
22.3 Employee Response. The employee upon whom a Notice of Proposed
Action has been served shall have seven (7) calendar days to respond to the
appointing authority either orally or in writing before the proposed action may be
taken. Upon request of the employee and for good cause, the appointin g
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.
22.4 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.
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB SITE SUPERVISOR 58 2011-2013
22.5 Length of Suspension. Suspensions without pay shall not exceed thirty
(30) calendar days unless ordered by an arbitrator or an adjustment board.
22.6 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 after having complied with the requirements of
Section 22.2 where applicable, the appointing authority shall make an
order in writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, temporary
reduction in pay, or demotion shall be filed with the Director of Human
Resources, showing by whom and the date a copy was served upon the
employee to be dismissed, suspended, temporarily reduced in pay, or
demoted, either personally or by certified mail to the employee's last
known mailing address. The order shall be effective either upon personal
service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension, temporary reduction in pay, or demotion through
the procedures of Section 23 - Grievance Procedure of this MOU provided
that such appeal is filed in writing with the Director of Human Resources
within ten (10) calendar days after service of said order.
22.7 Employee Representation Rights. The County recognizes an
employee’s right to representation during an investigatory interview or meeting
that may result in discipline. The County shall not interfere with the
representative’s right to assist an employee to clarify the facts during the
interview. If the employee requests a union representative, the investigatory
interview shall be temporarily recessed for a reasonable period of time until a
union representative can be present. For those interviews, which by nature of
the incident must take place immediately, the union will take reasonable steps to
make a union representative immediately available.
The employer shall inform the employee of the general nature of the investigation
at the time the employer directs the employee to be interviewed.
SECTION 23 - GRIEVANCE PROCEDURE
23.1 Definition and Procedural Steps. A grievance is any dispute which
involves the interpretation or application of any provision of this MOU excluding,
however, those provisions of this MOU which specifically provide that the
decision of any County official shall be final, the interpretation or application of
those provisions not being subject to the grievance procedure. The 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:
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB SITE SUPERVISOR 59 2011-2013
Step 1. Any employee or group of employees who believes that a provi sion
of this MOU has been misinterpreted or misapplied to his or her detriment shall
discuss the complaint with the grievant's immediate supervisor, who shall meet
with the grievant within five (5) days of receipt of a written request to hold such
meeting. Grievances challenging suspensions, reductions in pay, demotions and
terminations may be filed at Step 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 the grievant seeks. A copy of each
written communication on a grievance shall be filed with the Director of Human
Resources. The Department Head or his or her designee shall have ten (10)
work days in which to respond to the grievance in writing. If either the Union or
the 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 at the same time with the Department Head or his/her designee,
the grievant, and the union. For 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 grievant, 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
union 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 grievance shall 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 concurrence 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
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB SITE SUPERVISOR 60 2011-2013
express written agreement of the parties to continue the practice. The
Adjustment Board 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)
representatives of the County, no mo re 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 (2 nd) 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 Where the parties agree, the Adjustment Board may be
comprised of two (2) Union representatives and two (2) County representatives.
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 twenty (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 and the County. Each party, however,
shall bear the costs of its own presentation, including preparation and post
hearing briefs, if any.
23.2 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 (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 Direc tor of
Human Resources, 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)
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB SITE SUPERVISOR 61 2011-2013
a. The EBA will be composed of two (2) Coalition Union
representatives from Local 1, AFSCME 2700, AFSCME 512,
SEIU 1021 and/or Western Council of Engineers, no more than
one (1) of whom may be an employee of the County, and 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 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 Board member terms are staggered.
b. The County and the Coalition Unions (hereafter “parties”) will
choose an impartial arbitrator to serve as the fifth (5th) 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 this
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.
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB SITE SUPERVISOR 62 2011-2013
c. Unless the EBA agrees otherwise by majority action, it will
remain in session until all grievances on the agenda have been
heard.
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 is 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 this
expiration date without the express written agreement of the parties to continue
the program.
23.3 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 represented by the Union which
has been certified as the recognized employee organization for such unit
and unless such dispute falls within the definition of a grievance as s et
forth in Subsection 23.1 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
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB SITE SUPERVISOR 63 2011-2013
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 writ ten
agreements supplementary hereto or to establish any new terms or
conditions of employment.
D. If the Human Resources Director in pursuance of the procedures outlined
in Step 3 above, or the Adjustment Board in pursuance of the provisions of
Step 4 above resolve a grievance which involves suspension or d ischarge,
they may agree to payment for lost time or to reinstatement with or without
payment for lost time.
E. No change in this MOU or interpretations thereof (except interpretations
resulting from Adjustment Board, arbitration or Expedited Board of
Adjustment proceedings hereunder) will be recognized unless agreed to
by the County and the Union.
23.4 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 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.
23.5 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.
23.6 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Human
Resources Director. Only complaints which allege that employees are not being
compensated in accordance with the provisions of this MOU shall be considered
as grievances. Any other matters of compensation are to be resolved in the
meeting and conferring process, if not detailed in the MOU which results from
such meeting and conferring process shall be deemed withdrawn un til 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.
23.7 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, sickout,
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
SECTION 24 – SPECIAL PROVISIONS
LOCAL NO. 1, CSB SITE SUPERVISOR 64 2011-2013
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.
23.8 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.
23.9 Disqualification From Taking an Exam. If disqualified from taking an
examination, an employee may utilize the appeal process specified in the
Personnel Management Regulations for employees disqualified from taking an
examination.
23.10 Letters of Reprimand. 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.
SECTION 24 – SPECIAL PROVISIONS
24.1 Longevity Pay. Employees at ten (10) years of appointed service for the
County, shall be eligible to receive a two and one-half percent (2.5%) longevity
differential.
24.2 Deferred Compensation Incentive.
A. The County shall contribute sixty dollars ($60) per month to employees
who participate in the County’s Deferred Compensation Plan. To be eligible for
this incentive, employees must contribute to the deferred compensation plan as
indicated:
Employees who discontinue contributions or who contribute less than the
required amount per month for a period of one (1) month or more will no longer
be eligible for the sixty dollar ($60) County supplement. To reestablish eligibility,
Monthly Contribution
Employees with Qualifying Base Required to Maintain
Current Contribution Incentive Program
Monthly Salary of: Amount Eligibility
$2,500 and below $250 $50
2,501 - 3,334 500 50
3,335 - 4,167 750 50
4,168 - 5,000 1,000 50
5,001 - 5,834 1,500 100
5,835 - 6,667 2,000 100
6,668 & above 2,500 100
SECTION 24 – SPECIAL PROVISIONS
LOCAL NO. 1, CSB SITE SUPERVISOR 65 2011-2013
employees must again make a Base Contribution Amount as set forth above
based on current monthly salary. Employees with a break in deferred
compensation contributions either because of an approved medical leave or an
approved financial hardship withdrawal shall not be required to reestablish
eligibility. Further, employees who lose eligibility due to displacement by layoff,
but maintain contributions at the required level and are later employed in an
eligible position, shall not be required to reestablish eligibility.
B. 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 Plan or other designated tax
qualified savings vehicle; and ,
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 Subsection 2 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 Subsection 2.
No amount deferred by the employee or contributed by the County in accordance
with this Subsection 2 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 Subsection 1. No amount
deferred by the employee or contributed by the County in accordance with
Subsection 1 will count toward the minimum required deferral required by this
Subsection 2. The County's contribution amount in accordance with this
Subsection 2 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.
SECTION 25 – BILINGUAL PAY DIFFERENTIAL
LOCAL NO. 1, CSB SITE SUPERVISOR 66 2011-2013
Both the employee deferral and the County contribution to the Contra Costa
County Deferred Compensation Plan under this Subsection 2, as well as any
amounts deferred or contributed to the Contra Costa County Deferred
Compensation Plan in accordance with Subsection 1, will be added together for
the purpose 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.
24.3 Training. Full-time employees shall be eligible for career development
training reimbursement not to exceed $650 per fiscal year. Effective July 1, 2006
the reimbursement amount shall be increased to $750 per fiscal year. The
reimbursement of training expenses shall be governed by any Administrative
Bulletins on Travel and/or Training and consistent with County and Department
policies on Travel and/or Training.
24.4 Professional Development Reimbursement. Employees shall be
eligible for reimbursement of up to $525 for a two (2) year period beginning
January 1, 2001 for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job -related professional
development activities and purchase of computer hardware and software.
Authorization for individual professional development reimbursement requests
shall be made by the Department Head. Reimbursement will occur through the
regular demand process with demands being accompanied by proof of payment.
24.5 Management Life Insurance. Employees shall be covered at County
expense by term life insurance in the amount of forty-seven thousand dollars
($47,000) in addition to the insurance provided under Section 26 – Health, Life
and Dental Care.
24.6 Safety Committee. Departments without a Safety Committee shall
establish a committee within ninety (90) days of the effective date of this
agreement. The Union shall appoint all labor representatives to the Committee.
All Safety Committees shall schedule their meetings.
SECTION 25 – BILINGUAL PAY DIFFERENTIAL
A monthly salary differential shall be paid to incumbents of positions requiring
bilingual proficiency as designated by the Department Head and the Human
Resources Director. The differential shall be prorated for employees working
less than full time and/or on an unpaid leave of absence during any given m onth.
The differential shall be eighty dollars ($80) per month. Effective January 1, 2007
the differential shall be increased to one hundred dollars ($100) per month.
Designation of positions for which bilingual proficiency is required is the sole
prerogative of the County and such designations may be amended or deleted at
any time.
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB SITE SUPERVISOR 67 2011-2013
SECTION 26 - HEALTH, LIFE & DENTAL CARE
26.1 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 A.
26.2 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 Permanente Health Plan
Single: $478.91
Family: $1,115.84
4. Health Net HMO
Single: $627.79
Family: $1,540.02
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
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB SITE SUPERVISOR 68 2011-2013
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 prem ium 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 than 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.
26.3 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 26.2 for eligible retirees and their eligible
family members.
2. Any person who becomes age 65 on or after January 1,
2010 and who is eligible for Medicare must immed iately
enroll in Medicare Parts A and B.
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB SITE SUPERVISOR 69 2011-2013
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 eligible 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
County 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 health 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
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB SITE SUPERVISOR 70 2011-2013
and/or dental coverage pursuant to subsection (a,) above, as
similarly situated retirees who did not defer retirement.
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 subvention
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 s ervice 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 26.3 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 26.3 only, “eligible family members”
does not include Survivors of employees or retirees.
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB SITE SUPERVISOR 71 2011-2013
26.4 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 dental plan coverage to the
extent provided by the COBRA laws and regulations.
26.5 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,
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB SITE SUPERVISOR 72 2011-2013
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.
26.6 Dual Coverage:
A. Each employee and retiree may be covered only by a single County
health (and/or dental) plan, including a CalPERS plan. 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 26.5, 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 26.6 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.
26.7 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 primary or the dependent, term life insurance in the amount of ten thousand
dollars ($10,000) will be provided by the County.
26.8 Supplemental Life Insurance: In addition to the life insurance benefits
provided by this agreement, employees may subscribe voluntarily and at their
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB SITE SUPERVISOR 73 2011-2013
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 within the required enrollment periods.
26.9 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 designed to
qualify for tax savings under Section 125 of the Internal Revenue Code, but such
savings are not guaranteed. The HCSA Program allows employees to set aside
a 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
26.10 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.
26.11 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.
26.12 Premium Conversion Plan: The County offers the Premium Conversion
Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal
Revenue Code, but tax savings are not guaranteed. The program allows
employees to use pre-tax dollars to pay health and dental premiums.
26.13 Prevailing Section: To the extent that any provision of this Section
(Section 26 - 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 this
Section (Section 26 - Health, Life & Dental Care) will prevail.
26.14 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.
SECTION 27 - MILEAGE
LOCAL NO. 1, CSB SITE SUPERVISOR 74 2011-2013
26.15 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.
26.16 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 leave 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 result
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 cost of
coverage, plus any administrative fees, for the option selected. The entire cost of
coverage shall be paid at a place and time specified by the County. Late
payment may result in cancellation of health plan coverage with no reinstatement
allowed.
26.17 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.
SECTION 27 - MILEAGE
The mileage allowance for use of personal vehicles on approved 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.
SECTION 28 – RETIREMENT CONTRIBUTION
28.1 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. 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 .
The County is responsible for one hundred percent (100%) of the employer’s
retirement contributions determined annually by the Board of Retirement.
SECTION 29 – PERSONNEL FILES
LOCAL NO. 1, CSB SITE SUPERVISOR 75 2011-2013
28.2 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 III 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 the County
Employees Retirement Law of 1937 to implement Tier IV. Draft
language will be submitted to Coalition representatives and made
the subject of meet and confer process prior to introduction. The
Union must support the legislation, in addition to the County.
E. This Section 28.2 does not apply to employees employed at the
Contra Costa County Employees Retirement Association
(CCCERA).
SECTION 29 – PERSONNEL FILES
Employees 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. The employee’s union
representative, with written authorization by the employee, shall also have the
right to inspect and review any official record(s) described above. The contents of
such records shall be made available to the employee and/or the employee’s
union representative for inspection and review at reasonable intervals during the
regular business hours of the County. Employees shall be permitted to review
their personnel files at the Personnel office during their work hours. For those
employees whose work hours do not coincide with the County’s business hours,
management shall provide a copy of the employee’s personnel file for the
employee’s review. The custodian of records will certify that the copy is a true
and correct copy of the original file. Copies of written reprimands or memoranda
pertaining to an employee's unsatisfactory performance which are to be placed in
SECTION 30 – SERVICE AWARDS
LOCAL NO. 1, CSB SITE SUPERVISOR 76 2011-2013
the employee's personnel file shall be given to the employee who shall have the
right to respond in writing to said documents.
The County shall provide an opportunity for the employee to respond in writing to
any information that is in the employee's personnel file about which he or she
disagrees. Such response shall become a permanent par t of the employee's
personnel record. The employee shall be responsible for providing the written
responses to be included as part of the employee's permanent personnel record.
This section does not apply to the records of an employee relating to the
investigation of a possible criminal offense, medical records and information or
letters of reference.
Employees have the right to review their official personnel files that are
maintained in the Human Resources Department or by their department. In a
case involving a grievance or disciplinary action, the employee's designated
representative may also review his/her personnel file with specific written
authorization from the employee.
SECTION 30 – 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.
SECTION 31 - UNFAIR LABOR PRACTICE
Either the Department/County or the Union may file an Unfair Labor Practice , as
defined in Chapter 34-22 of Resolution 81/1165, against the other.
Allegations of an unfair labor practice, if not resolved in discussions between the
parties, may be heard by a mutually agreed upon, impartial third-party.
SECTION 32 – ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable
on the dates indicated and upon approval by the Board of Supervisors.
Resolutions and Ordinances, where necessary, shall be prepared and adopted in
order to implement these provisions. It is understood that where it is determined
that an Ordinance is required to implement any of the foregoing provisions, said
provisions shall become effective upon the first day of the month following thirty
(30) days after such Ordinance is adopted.
SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISIONS
LOCAL NO. 1, CSB SITE SUPERVISOR 77 2011-2013
SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISIONS
33.1 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.
33.2 Separability of Provisions. Should any section, clause or provision of
this MOU be declared illegal, unlawful or unenforceable, by final judgment of a
court of competent jurisdiction, such invalidation of such section, clause or
provision shall not invalidate the remaining portions hereof, and such remaining
portions shall remain in full force and effect for the duration of this MOU.
The Union understands and agrees that the County is not obligated to meet and
confer regarding wages, hours or conditions of employment during the term of
this extended agreement, except as otherwise required by law.
33.3 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.
SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISIONS
LOCAL NO. 1, CSB SITE SUPERVISOR 78 2011-2013
33.4 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.
Date:
CONTRA COSTA COUNTY LOCAL One - CSB SITE SUPERVISOR UNIT