HomeMy WebLinkAboutRESOLUTIONS - 06212022 - 2022/228
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CALIFORNIA NURSES ASSOCIATION
July 1, 2022 – September 1, 2025
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CALIFORNIA NURSES ASSOCIATION
TABLE OF CONTENTS
SECTION 1 ASSOCIATION RECOGNITION ....................................................... 3
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction ................................................................................ 4
2.2 General Conditions ........................................................................... 4
2.3 Communicating With Employees ...................................................... 4
2.4 Use of County Buildings.................................................................... 5
2.5 Advance Notice ................................................................................. 6
2.6 New Hires and Orientation ................................................................ 6
2.7 Assignment of Classes to Bargaining Units ...................................... 7
SECTION 3 NO DISCRIMINATION...................................................................... 8
SECTION 4 NURSE REPRESENTATIVES
4.1 Attendance at Meetings .................................................................... 8
4.2 Association Representative .............................................................. 9
4.3 Release Time for Training ................................................................. 9
SECTION 5 SALARIES
5.1 General Wages ................................................................................. 9
5.2 Longevity Pay ................................................................................. 10
5.3 Charge Nurse Relief ....................................................................... 10
5.4 Entrance Salary or Wage ................................................................ 10
5.5 Anniversary Dates .......................................................................... 11
5.6 Increments Within Range................................................................ 12
5.7 Part-Time Compensation ................................................................ 12
5.8 Compensation for Portion of Month ................................................ 13
5.9 Position Reclassification ................................................................. 13
5.10 Salary Reallocation and Salary on Reallocation ............................. 13
5.11 Salary on Promotion ....................................................................... 14
5.12 Salary on Involuntary Demotion ...................................................... 14
5.13 Salary on Voluntary Demotion ........................................................ 14
5.14 Transfer .......................................................................................... 14
5.15 Pay for Work in Higher Classification .............................................. 15
5.16 Payment.......................................................................................... 16
5.17 Nursing Certification Test Fee Reimbursement .............................. 16
5.18 Pay Warrant Errors ......................................................................... 16
5.19 Preceptor and Orientation ............................................................... 17
SECTION 6 DAYS AND HOURS OF WORK
6.1 Days and Hours of Work ................................................................. 17
6.2 Four (4) Week Schedules/Weekend Schedules ............................. 19
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6.3 Time Changes: Pacific Standard Time
And Daylight Savings Time ............................................................. 19
6.4 Low Census .................................................................................... 19
6.5 Positions Hours Adjustment ............................................................ 19
SECTION 7 OVERTIME AND COMPENSATORY TIME
7.1 Overtime ......................................................................................... 19
7.2 Compensatory Time ....................................................................... 20
7.3 Continuous Shifts ............................................................................ 22
7.4 Per Diem Overtime Pay .................................................................. 22
7.5 Mandatory Overtime in Detention ................................................... 22
SECTION 8 CALL-BACK TIME
8.1 Call-Back Pay ................................................................................. 22
8.2 Operating Room Call Back ............................................................. 23
SECTION 9 ON-CALL DUTY ............................................................................. 23
SECTION 10 SHIFT DIFFERENTIAL
10.1 Shift Differential .............................................................................. 23
10.2 Weekend Differential ...................................................................... 24
10.3 Departmental Differentials .............................................................. 24
10.4 Emergency Department Differential ................................................ 24
10.5 Per Diem Differentials ..................................................................... 24
SECTION 11 SENIORITY, WORKFORCE REDUCTION,
LAYOFF AND REASSIGNMENT
11.1 Workforce Reduction ...................................................................... 25
11.2 Separation through Layoff............................................................... 26
11.3 Notice.............................................................................................. 29
11.4 Special Employment Lists ............................................................... 29
11.5 Reassignment of Laid Off Employees ............................................. 29
11.6 Further Study .................................................................................. 29
SECTION 12 HOLIDAYS
12.1 Holidays Observed ......................................................................... 30
12.2 Holiday is NOT Worked and Holiday
Falls on Scheduled Work Day ......................................................... 30
12.3 Holiday is NOT Worked and Holiday
Falls on Scheduled Day Off ............................................................ 31
12.4 Holiday is WORKED and Holiday Falls on Scheduled Work Day ... 32
12.5 Holiday is Worked and Holiday Falls on Scheduled Day Off........... 33
12.6 Holiday and Compensatory Time Provisions .................................. 33
12.7 Permanent Intermittent Employee .................................................. 34
12.8 Christmas and New Year’s Day ...................................................... 34
12.9 Holiday Meal ................................................................................... 34
12.10 Per Diem Holiday Pay and Holiday Meal ........................................ 34
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SECTION 13 VACATION LEAVE
13.1 Vacation Allowance ........................................................................ 34
13.2 Vacation Accrual Rates................................................................... 35
13.3 Vacation Accrual During Leave Without Pay .................................. 35
13.4 Professional Sabbatical Leave ........................................................ 35
13.5 Vacation Allowance for Separated Employees ............................... 35
13.6 Permanent Part-Time and Intermittent Employees ......................... 35
13.7 Vacation Requests .......................................................................... 35
13.8 Vacation Leave on Reemployment From a Layoff List ................... 36
13.9 Vacation Leave Accrual Usage ....................................................... 36
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave .................................................................... 36
14.2 Credits To and Charges Against Sick Leave .................................. 36
14.3 Policies Governing the Use of Paid Sick Leave .............................. 37
14.4 Administration of Sick Leave ........................................................... 39
14.5 Disability ......................................................................................... 41
14.6 Workers’ Compensation and Continuing Pay ................................. 41
14.7 Labor-Management Committee ...................................................... 43
14.8 Accrual During Leave Without Pay ................................................. 44
14.9 State Disability Insurance (SDI) ...................................................... 44
14.10 Confidentiality of Information/Records ............................................ 45
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design .............................................................................. 45
15.2 Operation ........................................................................................ 46
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay .......................................................................... 47
16.2 General Administration – LOA (Non-Statutory) ............................... 47
16.3 Furlough Days Without Pay ............................................................ 48
16.4 Military Leave .................................................................................. 48
16.5 Leaves Pursuant to FMLA, CFRA, and PDL ................................... 49
16.6 Medical Certification ....................................................................... 49
16.7 Intermittent Use of Leave ................................................................ 49
16.8 Aggregate Use for Spouse .............................................................. 49
16.9 Definitions ....................................................................................... 50
16.10 Group Health Plan Coverage .......................................................... 51
16.11 Leave Without Pay – Use of Accruals ............................................. 51
16.12 Leave of Absence Replacement and Reinstatement ...................... 52
16.13 Salary Review While on LOA .......................................................... 52
16.14 Unauthorized Absence ................................................................... 52
16.15 Non-Exclusivity ............................................................................... 52
SECTION 17 JURY DUTY AND WITNESS DUTY
17.1 Jury Duty ......................................................................................... 52
17.2 Witness Duty ................................................................................... 53
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SECTION 18 MEDICAL, LIFE, AND DENTAL CARE
18.1 County Plans .................................................................................. 54
18.2 Rate Information ............................................................................. 54
18.3 County Medical and Dental Plan
Monthly Premium Subsidy .............................................................. 54
18.4 Family Member Eligibility Criteria .................................................... 55
18.5 Partial Month ................................................................................... 56
18.6 Coverage During Absences ............................................................ 56
18.7 Retirement Coverage ...................................................................... 56
18.8 Dual Coverage ................................................................................ 57
18.9 Health Care Spending Account ....................................................... 58
18.10 Public Employees Retirement System (PERS)
Long-term Care ............................................................................... 58
18.11 Deferred Retirement ....................................................................... 58
18.12 Child Care ....................................................................................... 59
18.13 Dependent Care Assistance Program ............................................ 59
18.14 Life Insurance Benefit Under
Health and Dental Plans ................................................................. 59
18.15 Supplemental Life Insurance .......................................................... 60
18.16 Premium Conversion Plan .............................................................. 60
18.17 Voluntary Vision Plan ...................................................................... 60
18.18 Prevailing Section……………………………………………………….60
SECTION 19 PROBATIONARY PERIOD
19.1 Duration .......................................................................................... 60
19.2 Probationary Period in Excess of Six Months ................................. 60
19.3 Revised Probationary Period .......................................................... 60
19.4 Criteria ............................................................................................ 60
19.5 Rejection During Probation ............................................................. 61
19.6 Regular Appointment ...................................................................... 61
19.7 Layoff During Probation .................................................................. 62
19.8 Rejection During Probation of Layoff Employee ............................. 62
SECTION 20 PROMOTION
20.1 Competitive Exam ........................................................................... 62
20.2 Promotion Policy ............................................................................. 63
20.3 Promotion Via Reclassification
Without Examination ....................................................................... 63
20.4 Requirements for Promotional Standing ......................................... 63
20.5 Seniority Credits ............................................................................. 63
20.6 Physical Examination ...................................................................... 63
SECTION 21 TRANSFER
21.1 Requirements ................................................................................. 64
21.2 Procedure ....................................................................................... 64
21.3 Bid Procedure ................................................................................. 64
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SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing ........................................................ 66
22.2 Constructive Resignation ................................................................ 66
22.3 Effective Resignation ...................................................................... 66
22.4 Revocation ...................................................................................... 66
22.5 Coerced Resignations .................................................................... 66
22.6 Eligibility for Reemployment ............................................................ 67
SECTION 23 DISMISSAL, SUSPENSION, AND DEMOTION
23.1 Sufficient Cause for Action .............................................................. 67
23.2 Skelly Requirements ....................................................................... 68
23.3 Leave Pending Employee Response .............................................. 69
23.4 Length of Suspensions ................................................................... 69
23.5 Procedure on Dismissal, Suspension, or Disciplinary Demotion ..... 69
23.6 Employee Representation Rights ................................................... 69
SECTION 24 GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps ..................................................... 70
24.2 Time Limits ..................................................................................... 71
24.3 Union Notification ............................................................................ 72
SECTION 25 COMPENSATION COMPLAINTS .................................................. 72
SECTION 26 MERIT BOARD .............................................................................. 72
SECTION 27 NO STRIKE .................................................................................... 72
SECTION 28 BILINGUAL PAY ............................................................................ 73
SECTION 29 RETIREMENT
29.1 Contribution .................................................................................... 73
29.2 Retirement Benefits for Registered Nurses Unit and
Public Health Nurse Unit ................................................................ 74
29.3 Tier III.............................................................................................. 75
SECTION 30 TRAINING REIMBURSEMENT
30.1 Career Development ....................................................................... 78
30.2 Advance Cardiac Life Support Certification .................................... 79
30.3 Required Certifications and Licenses…………………………………79
SECTION 31 EDUCATION LEAVE ..................................................................... 80
SECTION 32 CLASSIFICATION .......................................................................... 81
SECTION 33 SAFETY.......................................................................................... 82
SECTION 34 MILEAGE AND TRANSPORTATION
34.1 Reimbursement for Use of Personal Vehicle .................................. 82
34.2 Commuter Benefit Program ............................................................ 82
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SECTION 35 DEFERRED COMPENSATION
35.1 Deferred Compensation Plan – Special Benefit Only for
PHNs Hired After January 1, 2010 .................................. ............... 82
35.2 Deferred Compensation Plan – Loan Provision .............................. 83
SECTION 36 DETENTION FACILITY DIFFERENTIAL ....................................... 84
SECTION 37 JOINT ASSOCIATION/MANAGEMENT MEETING ....................... 85
SECTION 38 PROFESSIONAL PERFORMANCE AND OTHER COMMITTEES
38.1 Professional Performance Committees .......................... ............... 85
38.2 Committee Minutes ......................................................................... 87
38.3 Recommendations .......................................................................... 87
38.4 PPC Nurse Practitioners ................................................................. 87
38.5 Quarterly Meetings with Health Services Department Managers .... 87
38.6 Agenda Items for Quarterly Meeting
With the Health Services Department ............................................. 88
38.7 Recommendations for Action .......................................................... 88
38.8 PH Nurse Professional Performance Committee (PPC) ................. 88
38.9 PPC Minutes ................................................................................... 89
38.10 PPC Agenda Items for Qtrly Meeting with PH Nursing Director ...... 89
38.11 Professional Performance Committee (PPC) Schedule .. ............... 89
38.12 Infection Control Committee ........................................................... 90
SECTION 39 NOTICE OF HIRES AND SEPARATIONS ..................................... 90
SECTION 40 WORKPLACE VIOLENCE PREVENTION AND SAFETY…………91
SECTION 41 PERSONNEL FILES ...................................................................... 91
SECTION 42 REIMBURSEMENT FOR MEAL EXPENSES ................................ 91
SECTION 43 COMPENSATION FOR LOSS OR
DAMAGE TO PERSONAL PROPERTY ........................................ 92
SECTION 44 SERVICE AWARDS ....................................................................... 92
SECTION 45 UNFAIR LABOR PRACTICE ......................................................... 93
SECTION 46 LENGTH OF SERVICE DEFINITION
(for service awards and Vacation accruals) ............................... 93
SECTION 47 PERMANENT PART-TIME EMPLOYEE BENEFITS ..................... 93
SECTION 48 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS .............. 94
SECTION 49 STAFF NURSE/PER DIEM EMPLOYEES ..................................... 94
SECTION 50 PROVISIONAL EMPLOYEE BENEFITS........................................ 96
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SECTION 51 LUNCH PERIOD / REST BREAK .................................................. 96
SECTION 52 NURSE PRACTITIONERS (NP)
52.1 Nurse Practitioner Administrative Time ........................................... 97
52.2 Nurse Practitioner Meetings ............................................................ 98
52.3 Nurse Practitioner Staff Development Time .................................... 98
52.4 Nurse Practitioner Paid Personal Leave ......................................... 98
52.5 Policy for Nurse Practitioners .......................................................... 98
SECTION 53 PUBLIC HEALTH NURSES (PHN)
53.1 Lunch Break .................................................................................... 99
53.2 Involuntary Reassignment .............................................................. 99
53.3 Expanded Roles ............................................................................. 99
53.3 Process for Filling Expanded Roles ................................................ 99
SECTION 54 HEALTH EXAMINATION ............................................................. 100
SECTION 55 FLOATING ................................................................................... 100
SECTION 56 LEAVE DENIALS ......................................................................... 100
SECTION 57 CODE GREY ................................................................................ 101
SECTION 58 ADOPTION ................................................................................... 101
SECTION 59 SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
59.1 Scope of Agreement ..................................................................... 101
59.2 Separability of Provisions.............................................................. 101
59.3 Personnel Management Regulations ............................................ 101
SECTION 60 SAFE STAFFING ......................................................................... 102
SECTION 61 PATIENT CARE TECHNOLOGY REVIEW PROCEDURES ........ 102
SECTION 62 CONSCIOUS SEDATION ............................................................. 103
SECTION 63 NEW TECHNOLOGY AND STAFFING RATIO DISPUTE RESO 103
SECTION 64 AMBULATORY CARE NURSES ................................................. 104
SECTION 65 DURATION OF AGREEMENT ..................................................... 105
SECTION 66 AUTOMATED TIMEKEEPING REOPENER ................................ 105
ATTACHMENTS
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CALIFORNIA NURSES ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Board of Supervisors’ Resolution No. 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 No. 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees of said representation unit, and
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 of such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors as the
joint recommendation of the undersigned for salary and employee benefit adjustments
for the term set forth herein.
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DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: California Nurses Association.
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 a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the class
which the employee formerly occupied, except as provided for under "Transfer," or as
otherwise provided for in this MOU 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 classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons who have been found qualified for employment in a
specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
merit system and who have been involuntarily separated by layoff 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.
Per Diem Position: Per Diem employment is any employment that requires the
services of a person on a daily basis, and that person is paid on an hourly basis and
his/her classification has “per diem” in its title.
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.
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Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full-time basis.
Permanent Position: Any position which has required or which will require the
services of an incumbent without interruption for an indefinite period.
Position: The assigned duties and responsibilities calling for the regular full-time, part-
time or intermittent employment of a person.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided for under "Transfer," or as
otherwise provided for in this MOU or in the Personnel Management Regulations.
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 any
class in the merit system and who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent 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 who has permanent status in a position to
another position in the same class in a different department, or to another position in a
class which is allocated to a range on the salary plan that is within five percent (5%) at
top step as the class previously occupied by the employee.
SECTION 1 – ASSOCIATION RECOGNITION
California Nurses Association is the formally recognized employee organization for the
Registered Nurses Unit, Public Health Nurse Unit, and Staff Nurse Unit and such
organization has been certified as such pursuant to Chapter 34-12 of Resolution No.
81/1165.
SECTION 2 – ASSOCIATION SECURITY
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SECTION 2 – ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution No. 81/1165, only a
majority representative may have dues deduction and as such, the Association has the
exclusive privilege of dues deduction for all members in its units.
The Association shall indemnify and hold harmless the County against any and all
claims, actions or proceedings or other forms of liability that arise out of or by reason of
this association security section, by any person or entity arising from deductions made
by the County pursuant to this article.
2.2 General Conditions:
A. The Association agrees that it has a duty to provide fair and nondiscriminatory
representation to all employees in all classes in the units for which this section is
applicable regardless of whether they are members of the Association.
B. All nurses covered by terms of this agreement may voluntarily become and
remain members in good standing of the Association, or voluntarily pay a
Contributing Non-Member Fee to the Association, pursuant to the provisions of
the MMBA. No nurse shall be required to join the Association as a condition of
employment with the County.
Notification of Dues Deduction Changes. The Association shall regularly
provide the County with the names of employees for whom dues deductions
should be initiated, changed, or discontinued pursuant to this section in a manner
that has been mutually agreed upon by the County and the Association and set
forth in a separate protocol document. The Association will submit a spreadsheet
in an agreed upon format to the Office of the Auditor-Controller via email.
Requests for dues deductions received by the Auditor-Controller by the close of
business at least five (5) business days prior to the end of the pay period will be
implemented in the following pay period.
Bargaining unit members who are members of the Association on or after the
effective date of this Agreement who wish to withdrawal from Association
membership may do so by filing a written notice with the Association in
accordance with the terms of the Association form signed by the nurse. No nurse
shall be dropped from Association membership upon return from any leave of
absence or layoff, unless such leave or layoff constitutes a break in service. Any
communications received by the County regarding Association membership shall
be returned to the nurse by the County with reference to this article. The County
shall direct all bargaining unit member questions regarding Association
membership to the Association. The Association will receive copies of all such
correspondence.
2.3 Communicating With Employees. The Association 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
SECTION 2 – ASSOCIATION SECURITY
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the Association, 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 to and discussion with the
Association.
Representatives of the Association, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Labor Relations Manager; said representatives may distribute employee
organization literature in work areas (except work areas not open to the public) if the
nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress.
Such placement and/or distribution shall not be performed by on-duty employees. The
Association shall be allowed access to work locations in which it represents employees
for the following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact an Association officer
on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance, advance arrangements, including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area, and the visit will not interfere with County services.
2.4 Use of County Buildings. The Association 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 Association 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 Association shall maintain proper order at the meeting
SECTION 2 – ASSOCIATION SECURITY
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and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
2.5 Advance Notice. The Association shall, except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation directly relating
to matters within the scope of representation proposed to be adopted by the Board, or
boards and commissions designated by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.6 New Hires and Orientation.
A. Within thirty (30) days of employment for a new hire, or by the first pay period of
the month following the date of hire, the County will provide CNA with
the full name, job title, department, work location, home address, home
telephone number, and if on file with the County, the personal cellular telephone
number and personal email addresses. In addition to the above, the County
must provide information for all employees in the bargaining unit at least every
one hundred twenty (120) days unless more frequent or more detailed lists are
required upon request of CNA.
B. The County will provide a written statement to each new employee hired into a
classification in any of the bargaining units represented by the Association, that
the employee's classification is represented by the Association, and the name of
a representative of the Association.
C. The County will provide written notice of both Employer-wide and department
level new employee orientations (no matter how few participants, and whether in
person, online or through other means or mediums) to the Association, at least
ten (10) business days prior to the event. This notice shall include a full
attendance list of all bargaining unit employees.
D. The new employee orientation notice provided to the Association will include the
date, time and location of the orientation.
E. Representatives of the Association shall be permitted to make a presentation of
up to thirty (30) minutes, and present written materials, at the end of the
orientation.
SECTION 2 – ASSOCIATION SECURITY
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F. One bargaining unit member attending orientation as the Association
representative shall be given paid release time sufficient to cover the
Association’s presentation and travel time. The Association will provide the
name of any employee who they wish to be released at least 48 hours in
advance to the Labor Relations Manager.
G. The County Human Resources Department shall monthly furnish a list of all new
hires to the Association.
H. To the extent that a nurse’s orientation process is individualized, and/or to the
extent that a nurse for any reason does not within sixty (60) days of beginning
work attend a group orientation meeting as described above, the following
alternate provisions shall apply:
1. CNA shall notify the nurse, the nurse’s manager and the local Labor
Relations office of a proposed thirty (30) minute time slot, during normal
working hours, for a designated CNA representative to meet privately with
(and provide materials and information to) the nurse, without management
personnel or any other persons present.
2. For reasons of operational necessity only, the County may notify CNA that
the proposed time is unworkable and that CNA must propose an alternate
time.
2.7 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 Employee
Relations Officer or his/her designee shall review the composition of existing
representation units to determine the appropriateness of including some or all of
the employees in the new class in one or more existing representation units, and
within a reasonable period of time, shall notify all recognized employee
organizations of his/her determination.
B. Final Determination. His/her determination is final unless, within ten (10) days
after notification, a recognized employee organization requests in writing to meet
and confer thereon.
C. Meet and Confer and Other Steps. He/she shall meet and confer with such
requesting organizations (and with other recognized employee organizations
where appropriate) to seek agreement on this matter within sixty (60) days after
the ten (10) day period in B. (above), 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 of Supervisors’
Resolution No. 81/1165.
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SECTION 3 – NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sexual
orientation or Association 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
qualifications established for the position. There shall be no discrimination because of
Association membership or legitimate Association activity against any employee or
applicant for employment by the County or anyone employed by the County.
SECTION 4 – NURSE REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as nurse representatives of
the Association shall be allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
A. if their attendance is required by the County at a specific meeting;
B. if their attendance is sought by a hearing body or presentation of testimony or
other reasons;
C. if their attendance is required for meetings scheduled at reasonable times
agreeable to all parties required for settlement of grievances filed pursuant to
Section 24 – Grievance Procedure of this Memorandum;
D. if they are designated as a nurse representative in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to
present a grievance, provided the meetings are scheduled at reasonable times
agreeable to all parties;
E. if they are designated as spokesperson or representative of the Association, and
as such, make representations or presentations at meetings or hearings on
wages, salaries, and working conditions; provided in each case, advance
arrangements for time away from the employee's work station or assignment are
made with the appropriate Department Head, and the County agency calling the
meeting is responsible for determining that the attendance of the particular
employee(s) is required;
F. in order to reduce the impact to patient care, the County agrees to provide a
maximum of four (4) hours per month of paid time for a designated nurse
representative to attend grievance meetings scheduled outside of their regular
shift. Such time will be paid at the nurses’ base rate of pay and will not be
considered as time worked for the purpose of calculating overtime pay. The
Association may designate no more than six (6) representatives to be eligible for
such payment.
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4.2 Association Representative. Official representatives of the California Nurses
Association 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
Chief of Labor Relations, 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 Chief of Labor Relations, and that advance
arrangements for the time away from the work station or assignment are made with the
appropriate Department Head.
A. Release Time for Successor Bargaining. Release Time for Bargaining: The
County shall allow up to six (6) Association members paid release time during
periods of Successor Bargaining.
4.3 Release Time for Training. The County shall provide the Association a
maximum of two hundred forty (240) total hours per year of release time for Association-
designated representatives to attend Association-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) week of receipt.
SECTION 5 – SALARIES
5.1 General Wages.
A. Effective on July 1, 2022, or the first of the month following adoption of this MOU
by the Board of Supervisors, whichever is later, the base rate of pay for all
classifications represented by the Association will be increased by seven percent
(7%).
B. Effective on July 1, 2022, or the first of the month following adoption of this MOU
by the Board of Supervisors, whichever is later, the base rate of pay for all
classifications represented by the Association will be increased by four percent
(4%).
C. Effective on July 1, 2023, the base rate of pay for all classifications represented
by the Association will be increased by four percent (4%).
D. Effective on July 1, 2024, the base rate of pay for all classifications represented
by the Association will be increased by four percent (4%).
E. Effective on July 1, 2025, the base rate of pay for all classifications represented
by the Association will be increased by four percent (4%).
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5.2 Longevity Pay. The following supplementary longevity payments shall be made
based on the following criteria:
A. Employees in the Registered Nurses Unit and Public Health Nurse Unit shall
receive additional longevity pay in the amount of two and one-half percent (2.5%)
under the following conditions:
1. Completion of seven (7) years of County service; or
2. Completion of twenty-four (24) months at top step of the current
classification salary ranges covered by this agreement, whichever occurs
first.
B. Employees in the Registered Nurses Unit and Public Health Nurse Unit who have
completed ten (10) years of employment shall receive additional pay in the
amount of two and one-half percent (2.5%) for a total of five percent (5%).
C. Employees in the Registered Nurses Unit who have completed fifteen (15) years
of employment shall receive additional pay in the amount of two and one-half
percent (2.5%) for a total of seven and one-half percent (7.5%).
D. Employees in the Registered Nurses Unit who have completed twenty (20) years
of employment shall receive additional pay in the amount of two and one-half
percent (2.5%) for a total of ten percent (10%).
5.3 Charge Nurse Relief. An employee in the Registered Nurse Unit and Staff
Nurses Unit who, at the County’s request, relieves a Charge Nurse when he/she is
physically off the unit or otherwise unavailable for purposes of performing assigned
administrative duties, attending education activities, or other approved leaves of
absence for a shift, shall receive an additional fifty dollars (50.00) per shift. Such
assignment shall be scheduled among qualified staff on a volunteer rotational basis.
Charge Nurse relief will be paid on a prorated basis to an eligible employee if he/she
performs relief duties for a minimum of half a scheduled shift. Charge Nurse relief will
also be paid on a prorated basis to an eligible employee in an outpatient clinic who is
“assigned responsibility” for clinic operations for four (4) or more hours during a given
shift.
5.4 Entrance Salary or Wage.
A. New employees shall generally be appointed at the first (1) step of the
salary or hourly wage range established for the particular class of position
to which the appointment is made. However, the appointing authority may
recommend that an appointment be made at a step above the first (1) step
of the range based on education and experience, subject to authorization
by the Director of Human Resources.
B. For employees in the Registered Nurses Unit, Public Health Nurse Unit,
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and Staff Nurses Unit, credit given for years of Registered Nurse
experience shall be discussed at the request of the Association. This
Section 5.4.B is not subject to the grievance procedure of the MOU.
5.5 Anniversary Dates.
A. Permanent Employees: Anniversary dates for employees in permanent positions will
be set as follows:
1. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) month’s 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.
2. Promotions. The anniversary date of a promoted employee is determined as for
a new employee in Subsection 5.4.A. above.
3. Transfer, Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has been
reallocated or reclassified to a class allocated to the same salary range or to a
salary range which is within five percent (5%) of the top step of the previous
classification, remains unchanged.
4. 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. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the County's
merit system at a rate above the first step of salary range for the employee's new
class, or who is transferred from another governmental entity to this County's
merit system, is one (1) year from the first day of the calendar month after the
calendar month when the employee was appointed or transferred; provided,
however, when the appointment or transfer is effective on the employee's first
regularly scheduled workday of that month, his/her anniversary is one (1) year
after the first calendar day of that month.
B. Per Diem Employees: The anniversary date of a new employee is the first day of
the calendar month after the calendar month when the employee successfully
completes six (6) months of County service.
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5.6 Increments Within Range.
A. Permanent Employees:
1. Each employee will be reviewed annually.
2. Effective January 1, 2018, each employee, except those employees
already at the maximum salary step, shall be advanced to the next higher
step in their salary range on their anniversary date as set forth in Section
5.5.
3. 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. 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.
4. Notwithstanding the provisions of this Section 5.6, between November 1,
2015, through December 31, 2017, employees will not be granted any
salary step increases/advancements.
B. Per Diem Employees:
1. Each per diem employee will be reviewed annually.
2. Effective January 1, 2018, each employee, except those employees
already at the maximum salary step, shall be advanced to the next higher
step in their salary range on their anniversary date as set forth in Section
5.5.
3. Notwithstanding the provisions of this Section 5.6, between November 1,
2015, through December 31, 2017, per diem employees will not be
granted an hourly wage rate step increases/advancements.
5.7 Part-Time Compensation. An employee in a permanent part-time position shall
be paid a monthly salary in the same ratio to the full-time monthly rate to which the
employee would be entitled as a full-time employee under the provisions of this Section
5 as the number of hours per week in the employee's part-time work schedule bears to
the number of hours in the full-time work schedule of the department.
If employment is permanent-intermittent, depending on departmental requirements,
payment for hours worked shall be made at the hourly rate established for the step of
the salary range at which an employee is appointed. The County shall determine the
differential paid to permanent-intermittent employees, provided it is no less than fifteen
percent (15%) of the hourly rate.
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5.8 Compensation for Portion of Month. Any employee in a permanent position
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;
but if the employment is intermittent, compensation shall be on an hourly basis.
5.9 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic salary
schedule as is the class of the position before it was reclassified, shall be paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent
of a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of Section 5.11 – Salary on Promotion.
5.10 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at
the same step in the new salary range the employee was receiving in the range
to which the class was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received
before reallocation to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated from a salary range with more
steps to a salary range with fewer steps on the salary schedule, apart from the
general salary increase or decrease described in this Section 5.10.A, each
incumbent of a position in the reallocated class shall be placed upon the step of
the new range which equals the rate of pay received before the reallocation. In
the event that the steps in the new range do not contain the same rates as the
old range, each incumbent shall be placed at the step of the new range which is
next above the salary rate received in the old range, or if the new range does not
contain a higher step, at the step which is next lower than the salary received in
the old range.
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as, or above or below the salary
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range of the employee's previous class, the incumbent shall be placed at the step
in the new class which equals the rate of pay received before reallocation. In the
event that the steps in the range for the new class do not contain the same rates
as the range for the old class, the incumbent shall be placed at the step of the
new range which is next above the salary rate received in the old range; or if the
new range does not contain a higher step, the incumbent shall be placed at the
step which is next lower than the salary received in the old range.
5.11 Salary on Promotion. Any employee in a permanent position who is appointed
to a position of a class allocated to a higher salary range than the class previously
occupied, except as provided under Section 5.14 – Transfer, shall receive the salary in
the new salary range which is next higher than the rate received before promotion. In
the event this increase is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five percent (5%) greater than the
next higher step; provided, however, that the next step shall not exceed the maximum
salary for the higher class. In the event of the appointment of a laid off employee from
the layoff list to the class from which the employee was laid off, the employee shall be
appointed at the step which the employee had formerly attained in the higher class
unless such step results in a decrease in which case the employee is appointed to the
next higher step. If, however, the employee is being appointed into a class allocated to
a higher salary range than the class from which the employee was laid off, the salary
will be calculated from the highest step the employee achieved prior to layoff, or from
the employee’s current step, whichever is higher.
5.12 Salary on Involuntary Demotion. Any employee in a permanent position who
is demoted, except as provided under Section 5.14 – 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.
5.13 Salary on Voluntary Demotion. Whenever any employee in a permanent
position voluntarily demotes to a position in a class having a salary range lower than
that of the class from which he/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, the new salary
shall be set at the step next below former salary.
5.14 Transfer. An employee in a permanent position 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.
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In the event that the steps in the range for the new class do not contain the same rates
as the range for the old class, the employee shall be placed at the step of the new
range which is next above the salary rate received in the old range; or if the new range
does not contain a higher step, the employee shall be placed at the step which is next
lower than the salary received in the old range.
5.15 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Subsection 5.11 – Salary on Promotion of this
Memorandum, commencing on the forty-first (41st) consecutive hour in the assignment,
under the following conditions:
A. The employee is assigned to a program, service, or activity established by the
Board of Supervisors which is reflected in an authorized position which has been
classified and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such that the employee in the
lower classification becomes fully responsible for the duties 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. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this memorandum.
E. The appropriate authorization form has been submitted by the Department Head
and approved by the County Administrator.
F. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
G. 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
thirty (30) days, no additional waiting period will be required.
H. Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential and Emergency Department differential) accruing to the
employee in his/her permanent position shall continue.
I. During the period of work for higher pay in a higher classification, an employee
will retain his/her permanent classification, and anniversary and salary review
dates will be determined by time in that classification; except that if the period of
work for higher pay in a higher classification exceeds 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
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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.
J. Allowable overtime pay, shift differential, and/or work location differentials will be
paid on the basis of the rate of pay for the higher class.
5.16 Payment. On the tenth (10th) day of each month, the Auditor-Controller will
draw a warrant upon the Treasurer in favor of each employee in a permanent position
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-Controller shall,
on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in
favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the employee's
option, of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions. The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on forms
prepared by the Auditor-Controller a notice of election to receive a 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.
For employees in per diem classifications, on the tenth (10th) and twenty-fifth (25th) day
of each month, the Auditor-Controller will draw a warrant upon the Treasurer in favor of
each employee for the amount of wages due the employee for the preceding pay
period. The County reserves the right to change the frequency of pay dates.
5.17 Nursing Certification Test Fee Reimbursement. The County shall reimburse
employees for test fees involved in taking National Certification tests upon presentation
of certification.
5.18 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 Office, it is the policy of the Auditor-Controller's
Office 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 discovered by the County found in employee pay shall be corrected as soon
as possible as to current pay rate but that no recovery of either overpayments or
underpayments to an employee shall be made retroactively except for the six (6) month
period immediately preceding discovery of the pay error. This provision shall apply
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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. Discovery 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, the employee may accept the proposed repayment schedule or may request
a meeting through the County Human Resources Department. If requested, a meeting
shall be held to determine a repayment schedule which shall be no longer than three
times (3) the length of time the overpayment occurred.
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.
5.19 Preceptor and Orientation
A. Orientation. All newly hired employees with inpatient, ambulatory and public
health, detention, excluding temporary employees, shall be given orientation by a
qualified nurse.
B. Preceptors. Nurses who serve as preceptors must have demonstrated current
competency in the unit which the nurse is assigned to serve as preceptor.
The County will seek qualified volunteers with at least two (2) years of relevant
experience, and at least six (6) months of experience and satisfactory
performance at the County. The County will assign preceptor roles to these
qualified volunteers. In the absence of volunteers, management will assign
qualified nurses as preceptors.
There will be a minimum of two (2) full shifts of orientation with a designated
preceptor when a nurse is assigned to a new unit on a permanent basis. A nurse
who is being oriented will not be included in core staffing for the unit during the
orientation shifts.
Preceptor Pay
Nurses who serve as a preceptor shall be paid a premium of five dollars ($5.00)
per hour for each hour worked performing preceptor duties.
SECTION 6 – DAYS AND HOURS OF WORK
6.1 Days and Hours of Work. This language is intended to replace all language in
the MOU’s purporting to define work schedules, including flexible and alternate work
schedules.
SECTION 6 – DAYS AND HOURS OF WORK
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DEFINITIONS: The work schedules of each employee must conform with the following
definitions:
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week. The
regular workweek of County employees begins at 12:01 a.m. Monday and ends
at 12:00 midnight Sunday. For twenty-four (24) hour shift employees, including
employees of inpatient units on 4/10 schedules, the normal workweek begins at
12:01 a.m. Sunday and ends at 12:00 midnight Saturday.
B. Flexible Work Schedule: A flexible work schedule is any work schedule where
an employee is regularly scheduled to work other than eight (8) hours per day
between Monday and Friday, inclusive. The 9/80 and the 4/10 schedules are two
examples of flexible work schedules.
C. Alternate Work Schedule: An alternate work schedule is any work schedule
where an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
D. Workweek For Employees on Regular, Alternate, and 4/10 Work Schedules: The
4/10 work schedule consists of four (4), ten (10) hour days that have the same
start time with either a Monday or Friday off. The workweek for employees on a
regular, alternate or 4/10 workweek begins at 12:01 a.m. on Monday and ends at
12:00 midnight on Sunday.
E. Workweek for Employees on a 9/80 Work Schedule: The 9/80 work schedule
consists of a two (2) calendar week period during which an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four
(44) hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day. To ensure that the employee’s regular work schedule does not
result in unauthorized overtime, the employee’s workweek begins one (1) minute
after the midpoint of the employee’s eight (8) hour workday, such that has
worked four (4) hours of the eight (8) hour workday, so that four (4) of the hours
of that workday are in one (1) workweek and the other four (4) hours are in the
next workweek.
The parties agree to reopen the work schedule provisions of the MOU for the purpose of
ensuring consistent practice among departments and applicable regulatory
requirements. It is not the intent of the parties that such negotiations take away from or
add to the current work schedule provisions, except to ensure that such provisions are
consistently applied in accordance with the MOU, County policies and any legal
requirements.
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6.2 Four (4) Week Schedules/Weekend Schedules. For Registered Nurses
assigned to areas that have twenty-four (24) hour staffing, a four (4) week work
schedule will be published by Nursing Administration which provides that each
Registered Nurse shall have every other weekend off. Registered Nurses may
exchange days off within the four (4) week cycle but no Registered Nurse shall become
eligible for overtime as the result of said exchange. Such exchange days off shall be
subject to the approval of the appropriate Nursing Program Manager.
Registered Nurses and Nurse Practitioners with twenty (20) years of service with the
County shall, upon request, be granted every weekend off. The seniority date to be
used to determine eligibility for weekends off after twenty (20) years of service will be
the County Service Award date as defined in Section 46 – Length of Service Definition
(for service awards and vacation accruals) of the MOU.
Registered Nurses and Nurse Practitioners hired on or after January 1, 2019 with
twenty (20) years of service with the County shall, upon request, be granted every
weekend off. The service date used to determine eligibility for weekends off after twenty
(20) years of service will be the employee’s initial hire date into an Association
bargaining unit classification.
6.3 Time Changes: Pacific Standard Time and Daylight Savings Time. For those
nurses who work on the shift when daylight savings time begins and ends each year,
their work hours will be adjusted for that shift to the number of work hours they regularly
work on that shift.
6.4 Low Census. In the event that there is a decrease in the hospital census
requiring adjusting levels of nurse staffing and/or there are insufficient nurses who
volunteer to use accruals or take time off without pay in order to reduce staffing to the
necessary level, the County and Association agree to meet and confer upon request
regarding formal low census provisions.
6.5 Position Hours Adjustment. Permanent-Intermittent and Permanent Part-Time
employees who wish to have the hours of their positions increased up to a maximum of
full-time must so request in writing. These requests must be received by the employee's
department during the months of January or July.
The employee’s department will evaluate those requests within thirty (30) days of the
applicable deadline by considering the actual work hours of the employee over the past
six (6) months and the anticipated needs of the department. Those requests which are
approved will be submitted for consideration by the County as a P-300 request within an
additional sixty (60) days.
SECTION 7 – OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty (40)
hours per week or eight (8) hours per day. Overtime for employees on other work
schedules such as on ten (10) hour or twelve (12) hour shifts is any work performed
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CNA - 20 - 2022 - 2025
beyond that work schedule or forty (40) hours per week. All overtime shall be
compensated for at the rate of one and one-half (1-1/2) times the employee's base rate
of pay (not including shift and other special differentials). Permanent part-time
registered nurses shall be compensated at the straight time rate for those hours worked
over and above the regular work schedule but less than eight (8) hours a day or forty
(40) hours per week. Overtime for permanent employees is earned and credited in a
maximum of one (1) minute increments and is compensated by either pay or
compensatory time off.
Employees who work a double shift shall receive fifty-four dollars ($54.00) in addition to
all other compensation for each double shift worked. Registered Nurses who work from
the beginning of their regularly scheduled shift to the conclusion of the next scheduled
shift will be considered to have worked a double shift. If the second shift is not
completed, the premium will be prorated. If the total hours worked, excluding lunch
breaks, exceed sixteen (16) hours, additional prorated premium will be paid.
Employees entitled to overtime credit for holidays in positions which work around the
clock (such as the County Hospital, Sheriff's Office, Jails, Juvenile Hall, and Boys'
Ranch) shall be provided a choice as to whether they shall be paid at the overtime rate
or shall receive compensatory time off at the rate of one and one-half (1-1/2) hours
compensatory time off for each hour worked. Such compensatory time off, and the
accumulation thereof, shall be in addition to the total vacation accumulation permitted
under the terms of this MOU. The specific provisions of this accumulation are set forth
in Section 12.5 – Accrual of Holiday Time of this MOU.
Regular overtime for twenty-four (24) hour institutional employees may be accrued as
compensatory time in accordance with Section 7.2 of this MOU.
7.2 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in lieu of
overtime pay and call-back pay.
1. Eligible employees who elect to receive compensatory time off in lieu of
overtime pay must notify their Department Head or designee of their
intention to accrue compensatory time off or to receive overtime pay at
least thirty (30) days in advance of the change.
2. Eligible employees who elect to receive compensatory time off for call-
back must agree to do so for a full fiscal year (July 1 through June 30).
The employee must notify their department payroll staff in writing of any
change in the election by May 31 of each year. Employees who become
eligible (i.e., newly hired employees, employees promoting, demoting,
etc.) for call-back compensatory time after May 31 of each year will be
paid for authorized time until the next notification period. Health Services
Administration will alert employees of the new compensatory time election
procedures.
B. The names of those employees electing to accrue compensatory time off in lieu
SECTION 7 – OVERTIME AND COMPENSATORY TIME
CNA - 21 - 2022 - 2025
of overtime pay or call-back pay shall be placed on lists maintained by the
Department. Employees who become eligible (i.e., newly hired employees,
employees promoting, demoting, etc.) for compensatory time off in accordance
with these guidelines, must elect to accrue compensatory time or they will be
paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2)
times the actual authorized overtime hours worked or call-back time earned by
the employee. Compensatory time off may also be accrued for “plus one (1)
hour” earned described in Sections 8.1 – Call Back Pay and 8.2 – Operating
Room Call Back.
D. Employees may not accrue a compensatory time- off balance that exceeds one
hundred twenty (120) hours (i.e., eighty [80] hours at time and one-half [1-1/2]).
Once the maximum balance has been attained, authorized overtime hours and
call-back time will be paid at the overtime and call-back rates. If the employee's
balance falls below one hundred twenty (120) hours, the employee shall again
accrue compensatory time off for authorized overtime hours worked or call-back
time earned until the employee's balance again reaches one hundred twenty
(120) hours.
E. Accrued compensatory time off shall be carried over for use in the next fiscal
year; however, as provided in D. above, accrued compensatory time-off balances
may not exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or designee and the employee. In cases of
emergency, employees will be allowed to use compensatory time with the
approval of their supervisor to supplement any unpaid hours. Such approval shall
not be denied unless employee has received prior notice.
Compensatory time off shall not be taken when the employee should be replaced
by another employee who would be eligible to receive, for time worked, either
overtime payment or compensatory time accruals as provided for in this Section.
This provision may be waived at the discretion of the Department Head or
designee.
G. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's accrued
compensatory time-off balance will be carried forward with the employee.
H. Compensatory time accrual balances will be paid off when an employee moves
from one department to another through promotion, demotion or transfer. Said
payoff will be made in accordance with the provisions and salary of the class
from which the employee is promoting, demoting or transferring as set forth in I.
below.
SECTION 8 – CALL-BACK TIME
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I. Since employees accrue compensatory time off at the rate of one and one-half
(1-1/2) hours for each hour of authorized overtime worked or call-back time
earned, accrued compensatory time balances will be paid off at the straight time
rate (two-thirds [2/3] of the overtime rate) for the employee's current salary
whenever:
1. the employee changes status and is no longer eligible for compensatory
time off;
2. the employee promotes, demotes or transfers to another department;
3. the employee separates from County service;
4. the employee retires.
J. The Office of the County Auditor-Controller will establish time-keeping
procedures to administer this Section.
7.3 Continuous Shifts. At the County's request, if an employee works two (2)
continuous shifts (normally sixteen [16] continuous hours) which is outside the
employee's regular work schedule and the first eight (8) hours fall on one day and the
second eight (8) hours fall on the following day, the employee shall be paid a differential
of one-half (1/2) the employee's base salary rate in addition to the employee's base
salary rate for the second eight (8) hours. Additionally, such employees shall be
provided a meal in the hospital cafeteria at no cost to the employee.
7.4 Per Diem Overtime Pay. Employees in the classifications of Staff Nurse-Per
Diem (VWWA) and Staff Advice Nurse-Per Diem (VWXF) are eligible to receive
overtime pay at the rate of one and one-half (1.5) times the employee’s base rate of pay
(not including differentials) for any authorized work performed in excess of the
employee’s eight (8), ten (10), or twelve (12) hour shift designation. Any differentials
that are applicable to overtime hours worked will be computed on the employee's base
rate of pay and not on the employee’s overtime rate of pay. Overtime is earned and
credited in one minute increments. No other provisions in this Section 7 apply to
employees in per diem classifications, except Section 7.3 – Continuous Shifts. The
County will pay overtime in accordance with the Fair Labor Standards Act (FLSA) when
applicable.
7.5 Mandatory Overtime in Detention. Upon request by the union, up to two (2)
CNA members may meet with the Contra Costa Regional Medical Center Chief Nursing
Officer, or their designee, bi-annually to discuss mandatory overtime usage in detention.
SECTION 8 – CALL-BACK TIME
8.1 Call-Back Pay. Any employee who is called back to duty shall be paid at the
appropriate rate for the actual time worked plus one (1) hour. Such employee called
back shall be paid a minimum of two (2) hours at the appropriate rate of each call back.
This provision shall apply to employees who are not in on-call status.
SECTION 8 – CALL-BACK TIME
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8.2 Operating Room Call Back. A Registered Nurse who is in on-call status for the
Operating Room and is called back to duty shall be paid for the actual time so spent
plus one (1) hour, but not less than three (3) hours total for each call back.
SECTION 9 – ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty during
which an employee is not required to be on County premises but stand ready to
immediately report for duty and must arrange so that the employee's superior can
contact the employee on ten (10) minutes notice or less. Any employee assigned to on-
call time shall be paid one (1) hour of straight time pay for every two (2) hours on such
on-call time.
SECTION 10 –SHIFT DIFFERENTIAL
10.1 Shift Differentials.
A. Evening Shift. An employee who works an evening shift in which the employee
works four (4) or more hours between 5:00 p.m. and 11:00 p.m. shall receive a
shift differential of twelve percent (12%) of the employee's base pay.
Split shifts with more than one and one-half (1-1/2) hours between the two (2)
portions of the shift shall also qualify for the twelve percent (12%) hourly
differential.
B. Night Shift. An employee who works a night shift in which the employee works
four (4) or more hours between 11:00 p.m. and 8:00 a.m. shall receive a shift
differential of fifteen percent (15%) of the employee's base pay.
C. Special Provisions.
1. An employee who works overtime shall receive shift differential in addition
to overtime compensation only when the overtime hours independently
satisfy the requirement for shift differential as stated above. The shift
differential shall be computed on the employee's base salary.
2. Employees who have been regularly working a shift qualifying for shift
differential immediately preceding the commencement of a vacation, paid
sick leave period, paid disability or other paid leave, will have shift
differential included in computing the pay for their leave. The paid leave of
an employee who is on a rotating shift schedule shall include the shift
differential that would have been received had the employee worked the
shift for which the employee was scheduled during such period. Shift
differential shall only be paid during paid sick leave and paid disability as
provided above for the first thirty (30) calendar days of each absence.
SECTION 8 – CALL-BACK TIME
CNA - 24 - 2022 - 2025
3. Employees in the Registered Nursing Unit whose regular shift is extended
such that it ends twelve (12) consecutive hours or more after its beginning
shall receive shift differential paid at the differential rate appropriate for
those additional hours in excess of eight (8). A Registered Nurse released
from duty at the request of Nursing Administration prior to the completion
of twelve (12) hours work will receive the appropriate shift differential on
those hours worked in excess of eight (8) hours.
4. When a shift employee works on a recognized holiday, the employee shall
be entitled to holiday pay and shift differential to be computed on the
employee's base salary.
10.2 Weekend Differential. Registered Nurses shall receive a weekend shift bonus
of sixty dollars ($60.00) per shift for each weekend shift worked which 1) falls on
weekends for which the nurse is not scheduled to work in their normal work schedule; 2)
falls between the beginning of the night shift on Friday and the end of the evening shift
on Sunday; 3) is worked for the full duration of the shift; and 4) is not the result of a
trade. The affected Registered Nurse is to note such qualifying shifts on his/her time
sheets in order to receive this compensation.
10.3 Departmental Differentials. Each full-time, part-time and permanent-
intermittent Registered Nurse who is assigned to one of the following units/services, will
receive a salary differential of eighty dollars ($80.00) per month: Surgery, Recovery,
Labor and Delivery, Nursery, Postpartum, Pediatrics, Critical Care Unit, Intermediate
Care Unit, Emergency Room, 4B, 5C, 5D, Mental Health Crisis Unit, 4A, Inpatient
Psychiatry 4C/4D, Martinez Detention, West County Detention, or Juvenile Hall.
Registered Nurses assigned to the following units/services and Nurse Practitioners are
not eligible for this differential: Education and Training, Specialty Clinic; Family Practice
and Adult Medicine Clinics in Concord, Brentwood, Pittsburg, Antioch, Bay Point, North
Richmond, and Richmond Health Centers; Adult Mental Health Dual Diagnosis
Program, Public Health Clinic staffing pool, and Public Health Nursing pool.
10.4 Emergency Department Differential. A five percent (5%) base pay salary
differential shall be paid for those Emergency Department RNs who qualify for an
Emergency Department differential.
10.5 Per Diem Differentials.
A. Shift Differentials: Employees in the classification of Staff Nurse-Per Diem
(VWWA) and Staff Advice Nurse-Per Diem (VWXF) who are paid on an hourly
basis, are eligible for the following differentials under the stated circumstances:
1. Evening Shift: An employee will receive a shift differential of twelve
percent (12%) of the employee’s base hourly rate of pay for the
employee’s entire shift designation when the employee works four (4) or
more hours between 5:00 p.m. and 11:00 p.m.
SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND
REASSIGNMENT
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2. Night Shift. An employee will receive a shift differential of fifteen percent
(15%) of the employee’s base hourly rate of pay for the employee’s entire
shift designation when the employee works four (4) or more hours
between 11:00 p.m. and 8:00 a.m.
B. Detention Facility Assignment. An employee in a per diem classification who
works in Martinez Detention (2578), West County Detention (2580), Marsh Creek
Detention (2585), Juvenile Hall (3120), Byron Boys Center (3160), Martinez
Detention Infirmary (5700), West County Detention Infirmary (5701), Juvenile Hall
Nursing (5702), Detention Mental Health Martinez (5710) or Detention Mental
Health West County (5711) will receive a ten percent (10%) differential of the
employee’s base hourly rate of pay for each hour worked in that assignment.
C. Emergency Department Differential. An employee in a per diem classification
who works in the Emergency Department of Contra Costa Regional Medical
Center will receive a five percent (5%) differential of the employee’s base hourly
rate of pay for each hour worked in the Emergency Department.
D Code Gray/STAT Team Differential. An employee in a per diem classification
assigned by administration to respond to emergency Code Gray calls as a
member of the STAT Team will receive a ten percent (10%) differential of the
employee’s base hourly rate of pay for a maximum of eight (8) hours.
Assignment is conditional on an employee successfully completing the required
non-violence training and maintaining the required certification.
E. No other provisions of this Section 10 apply to employees in per diem
classifications.
SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND
REASSIGNMENT
11.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the Union and take the following actions:
A. Identify the classification(s) in which position reductions may be required due to
funding reductions or shortfalls.
B. Advise employees in those classifications that position reductions may occur in
their classifications.
C. Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by possible position reductions
when such leaves can be accommodated by the department.
D. Consider employee requests to reduce their position hours from full time to part
time to alleviate the impact of the potential layoffs.
SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND
REASSIGNMENT
CNA - 26 - 2022 - 2025
E. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs within
the department, as well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operational alternative for the
department(s).
F. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team (TET) program to:
1. Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
2. Determine if there are other positions to which employees may be
transferred.
3. Refer interested persons to vacancies which occur in other job classes for
which they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as resume
preparation, alternate career counseling, job search strategy, and
interviewing skills.
G. When it appears to the Department Head and/or Chief of Labor Relations that the
Board of Supervisors may take action which will result in the layoff of employees
in a representation unit, the Chief of Labor Relations shall notify the Union of the
possibility of such layoffs and shall meet and confer with the Union regarding the
implementation of the action.
11.2 Separation through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in
the merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as
the Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff by Displacement.
1. In the Same Class. A laid off permanent full-time employee may displace
an employee in the department having less seniority in the same class
who occupies a permanent-intermittent or permanent part-time position,
the least senior employee being displaced first.
SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND
REASSIGNMENT
CNA - 27 - 2022 - 2025
2. In the Same Level or Lower Class. A laid off or displaced employee who
had achieved permanent status in a class at the same or lower salary
level as determined by the salary schedule in effect at the time of layoff
may displace within the department and in the class of an employee
having less seniority, the least senior employee being displaced first, and
so on with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type
respectively.
2. A permanent full-time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class, or 2) in a class of the
same or lower salary level if no full-time employee in a class at the same
or lower salary level has less seniority than the displacing employees.
3. Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of
a proposed layoff with the written approval of the Director of Human
Resources or designee retain their permanent full-time employee seniority
rights for layoff purposes only and may in a later layoff displace a full-time
employee with less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
the same or higher salary levels as determined by the salary schedule in effect at
the time of layoff. Employees reallocated or transferred without examination from
one class to another class having a salary within five percent (5%) of the former
class, shall carry the seniority accrued in the former class into the new class.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a permanent
position within the period of layoff eligibility. Approved leaves of absence as
provided for in these rules and regulations shall not constitute a period of
separation. In the event of ties in seniority rights in the particular class in
question, such ties shall be broken by length of last continuous permanent
County employment. If there remain ties in seniority rights, such ties shall be
broken by counting total time in the department in permanent employment. Any
remaining ties shall be broken by random selection among the employees
involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid
off, has been displaced, has been demoted by displacement or has voluntarily
SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND
REASSIGNMENT
CNA - 28 - 2022 - 2025
demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or
displacement, the person's name shall be placed on the layoff list for the class of
positions from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons
laid off, displaced, or demoted as a result of a layoff or displacement, or who
have voluntarily demoted or transferred in lieu of layoff or displacement, or who
have transferred in lieu of layoff or displacement. Names shall be listed in order
of layoff seniority in the class from which laid off, displaced, demoted or
transferred on the date of layoff, the most senior person listed first. In case of
ties in seniority, the seniority rules shall apply except that where there is a class
seniority tie between persons laid off from different departments, the tie(s) shall
be broken by length of last continuous permanent County employment with
remaining ties broken by random selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two
(2) years. Persons placed on layoff lists shall continue on the appropriate list for
a period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of
person(s) laid off, displaced or demoted by displacement or voluntarily demoted
in lieu of layoff or displacement or transferred in lieu of layoff or displacement.
When a request for personnel is received from the appointing authority of a
department from which an eligible(s) was laid off, the appointing authority shall
receive and appoint the eligible highest on the layoff list from the department.
When a request for personnel is received from a department from which an
eligible(s) was not laid off, the appointing authority shall receive and appoint the
eligible highest on the layoff list who shall be subject to a probationary period. A
person employed from a layoff list shall be appointed at the same step of the
salary range the employee held on the day of layoff.
J. Removal of Names from Reemployment and Layoff Lists. The Director of
Human Resources may remove the name of any eligible from a reemployment or
layoff list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class.
4. If three (3) offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
CNA - 29 - 2022 - 2025
5. If the eligible fails to respond to the Director of Human Resources or the
appointing authority within ten (10) days to written notice of certification
mailed to the person's last known address.
6. If the person on the reemployment or layoff list is appointed to another
position in the same or lower classification, the name of the person shall
be removed.
7. However, if the first permanent appointment of a person on a layoff list is
to a lower class which has a top step salary lower than the top step of the
class from which the person was laid off, the name of the person shall not
be removed from the layoff list. Any subsequent appointment of such
person from the layoff list shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff Certifications. The Director
of Human Resources may remove the name of any eligible from a reemployment
or layoff certification if the eligible fails to respond within five (5) days to a written
notice of certification mailed to the person's last known address.
11.3 Notice. The County agrees to give employees scheduled for layoff at least ten
(10) workdays notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a Tactical Employment
Team (TET) Employment Pool which will include the names of all laid-off County
employees. Special employment lists for job classes may be established from the pool.
Persons placed on a special employment list must meet the minimum qualifications for
the class. An appointment from such a list will not affect the individual's status on a
layoff list(s).
11.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full-time to part-time or intermittent status in a layoff, or who
voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a
position of another status than that from which they were laid off upon referral from the
layoff list, may request reassignment back to their pre-layoff status (full time or part time
or increased hours). The request must be in writing in accord with each department's
reassignment bid or selection process. Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back to their former status at the time
of the workforce reduction. The most senior laid off employee in this status who
requests such a reassignment will be selected for the vacancy; except when a more
senior laid off individual remains on the layoff list and has not been appointed back to
the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
11.6 Further Study. The County agrees to meet with the employees represented by
the Labor Coalition and its member employee organizations (herein referred to as
“Labor Coalition”) for study of the concept of employee's waiver of displacement rights
in a layoff.
SECTION 12 – HOLIDAYS
CNA - 30 - 2022 - 2025
SECTION 12 – HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Year’s Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents’ Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans’ Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
B. Employees in positions that are designated as twenty-four (24) hour positions will
also observe the following additional holidays:
September 9th, known as Admission Day
Second Monday in October, known as Columbus Day
February 12th, known as Lincoln's Day
Nurse Practitioner positions are designated as twenty-four (24) hour positions.
C. Employees who only observe the holidays listed in Subsection 12.1 A. above will
accrue two (2) hours of personal holiday credit per month. Such personal holiday
time may be taken in increments of one (1) hour, and preference of personal
holidays will be given to employees according to their seniority in their
department as reasonably as possible. No employee may accrue more than
forty (40) hours of personal holiday credit. On separation from County service, an
employee will be paid for any unused personal holiday credits at the employee's
then current pay rate.
D. 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. However, for employees who are assigned to units or
services that operate on a shift operational cycle that includes Saturdays and
Sundays, holidays are observed on the day on which they fall regardless, if it is a
Saturday or Sunday.
12.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day
A. Holiday Observed – Full-time Employees: Each full-time employee is entitled
to observe a holiday (8 hours off work), without a reduction in pay, whenever a
SECTION 12 – HOLIDAYS
CNA - 31 - 2022 - 2025
holiday is observed by the County. When a full-time employee is scheduled to
work less than eight (8) hours on a holiday and the employee observes the
holiday, the employee is also entitled to receive flexible pay or flexible
compensation time at the rate one (1.0) times his/her base rate of pay (not
including differentials) for the difference between eight (8) hours and the hours
the employee was scheduled to work on the holiday.
B. Holiday Observed in Excess of Eight (8) hours – Full time Employees:
When a holiday falls on a full-time employee’s scheduled workday, the employee
is entitled to only eight (8) hours off without a reduction in pay. If the workday is
a nine (9) hour day, the employee must use one (1) hour of non-sick leave
accruals. If the workday is a ten (10) hour day, the employee must use two (2)
hours of non-sick leave accruals. If the workday is a twelve (12) hour day, the
employee must use four (4) hours of non-sick leave accruals. If the employee
does not have any non-sick leave accrual balances, leave without pay (AWOP)
will be authorized.
C. Holiday Observed - Part Time Employees: When a holiday is observed by the
County, each part time employee is entitled to observe the holiday in the same
ratio as his/her number of position hours bears to forty (40) hours, multiplied by 8
(hours), without a reduction in pay. For example, a part time employee whose
position hours are 24 per week is entitled to 4.8 hours off work on a holiday
(24/40 multiplied by 8 = 4.8). Hereafter, the number of hours produced by this
calculation will be referred to as the “Part-Time employee’s holiday hours.”
When the number of hours in a part time employee’s scheduled work day that
falls on a holiday (“scheduled work hours”) is less than the employee’s “Part
Time employee’s holiday hours,” the employee is also entitled to receive flexible
pay or flexible compensation time at the rate of one (1.0) times his/her base rate
of pay (not including differentials) for the difference between the employee’s
“scheduled work hours” and the employee’s “Part-Time employee’s holiday
hours.”
When the number of hours in a part time employee’s scheduled work day that
falls on a holiday (“scheduled work hours”) is more than the employee’s “Part
Time employee’s holiday hours,” the employee must use non-sick leave accruals
for the difference between the employee’s “scheduled work hours” and the
employee’s “Part Time employee’s holiday hours.” If the employee does not have
any non-sick leave accrual balances, leave without pay (AWOP) will be
authorized.
12.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off
A. Full-Time Employee: When a holiday is observed by the County on the
scheduled day off of a full-time employee, the employee is entitled to take eight
(8) hours off work, without a reduction in pay, in recognition of the holiday. The
employee is also entitled to receive eight (8) hours of flexible pay or flexible
SECTION 12 – HOLIDAYS
CNA - 32 - 2022 - 2025
compensation time at the rate of one (1.0) times his/her base rate of pay (not
including differentials) in recognition of his/her scheduled day off.
B. Part-Time Employee: When a holiday is observed by the County on the
scheduled day off of a part-time employee, the part-time employee is entitled to
observe the holiday in the amount of the “Part-Time employee’s holiday hours,”
without a reduction in pay, in recognition of the holiday. The employee is also
entitled to receive flexible pay or flexible compensation time at the rate of one
(1.0) times his/her base rate of pay (not including differentials) in the amount of
the “Part-Time employee’s holiday hours” in recognition of his/her scheduled day
off.
12.4 Holiday is WORKED and Holiday Falls on Scheduled Work Day:
A. Full-Time Employee: When a full-time employee works on a holiday that falls
on the employee’s scheduled work day, the employee is entitled to receive
his/her regular salary. The employee is also entitled to receive holiday pay or
holiday compensation time at the rate of one and one half (1.5) times his/her
base rate of pay (not including differentials) for all hours worked up to a
maximum of eight (8) hours. When a full time employee is scheduled to work
more than eight (8) hours on a holiday (long shift) and the employee works more
than the long shift hours, the employee is entitled to receive overtime pay or
overtime compensation time at the rate of one and one half (1.5) times his/her
base rate of pay (not including differentials) for all hours worked beyond the long
shift hours.
When a full-time employee is scheduled to work less than 8 hours on a holiday
(short shift) and the employee works that short shift, the employee is also entitled
to receive flexible pay or flexible compensation time at the rate of one (1.0) times
his/her base rate of pay (not including differentials) for the difference between
eight (8) hours and the short shift hours.
B. Part-Time Employee: When a part-time employee works on a holiday that falls
on the employee’s scheduled work day, the part-time employee is entitled to
receive his/her regular salary. The part-time employee is also entitled to receive
holiday pay or holiday compensation time at the rate of one and one half (1.5)
times his/her base rate of pay (not including differentials) for all hours worked on
the holiday, up to a maximum of eight hours.
When a part time employee is scheduled to work more than his/her “part time
employee’s holiday hours” on a holiday (long shift) and the employee works more
than the long shift hours, the employee is entitled to receive overtime pay or
overtime compensation time at the rate of one and one half (1.5) times his/her
base rate of pay (not including differentials) for all hours worked beyond the long
shift hours.
SECTION 12 – HOLIDAYS
CNA - 33 - 2022 - 2025
12.5 Holiday is Worked and Holiday Falls on Scheduled Day Off.
A. Full-Time Employee: When a full-time employee works on a holiday that falls
on the employee’s scheduled day off, the employee is entitled to receive his/her
regular salary. The employee is also entitled to receive overtime pay or overtime
compensation time at the rate of one and one half (1.5) times his/her base rate of
pay (not including differentials) for all hours worked on the holiday. The full time
employee is also entitled to receive eight (8) hours of flexible pay or flexible
compensation time at the rate of one (1.0) times his/her base rate of pay (not
including differentials) in recognition of his/her scheduled day off.
B. Part-Time Employee: When a part-time employee works on a holiday that falls
on the employee’s scheduled day off, the employee is entitled to receive his/her
regular salary. The part-time employee is also entitled to receive overtime pay or
overtime compensation time at the rate of one and one half (1.5) times his/her
base rate of pay (not including differentials) for all hours worked on the holiday.
The part time employee is also entitled to receive flexible pay or flexible
compensation time at the rate of one (1.0) times his/her base rate of pay (not
including differentials) multiplied by the amount of the “Part-time employee’s
holiday hours” in recognition of his/her scheduled day off.
12.6 Holiday and Compensatory Time Provisions.
A. Maximum Accruals of Holiday Comp Time. Holiday compensatory time may
not be accumulated in excess of two hundred eighty-eight (288) hours. After two
hundred eighty-eight (288) hours are accrued by an employee, the employee will
receive holiday pay at the rate of one and one half (1.5) times his/her base rate
of pay. Holiday compensatory time may be used by the employee at those dates
and times determined by mutual agreement of the employee and the Department
Head or designee.
B. Pay Off of Holiday Comp Time. Holiday compensatory time will be paid off only
upon a change in status. A change in status includes separation, transfer to
another department, reassignment to a permanent-intermittent position, or the
transfer, assignment, promotion, or demotion into a position that is not eligible for
holiday compensatory time.
C. Maximum Accruals of Flexible Compensatory Time. Flexible compensatory
time may not be accumulated in excess of two hundred eighty-eight (288) hours.
After two hundred eighty-eight (288) hours are accrued by an employee, the
employee will receive flexible pay at the rate of 1.0 times his/her base rate of
pay. Flexible compensatory time may be used by an employee on those dates
and times determined by mutual agreement of the employee and the Department
Head or designee.
D. Pay Off of Flexible Comp Time. Flexible compensatory time will be paid off
only upon a change in status. A change in status includes separation, transfer to
another department, reassignment to a permanent-intermittent position, or the
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transfer, assignment, promotion, or demotion into a position that is not eligible for
flexible compensatory time.
12.7 Permanent Intermittent Employee.
Holiday is Worked: Permanent intermittent employees who work on a holiday are
entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base
rate of pay (not including differentials) for all hours worked on the holiday.
12.8 Christmas and New Year’s Day. Each nurse qualifying for paid holidays shall
not be scheduled for work on one of the following holidays each year: Christmas or New
Year's Day. Thanksgiving Day holiday will be treated as any other holiday.
12.9 Holiday Meal. Employees represented by the Association who are employed at
the County Hospital and who are required to work on Thanksgiving, Christmas or New
Year's Day will be provided a free meal in the Hospital Cafeteria at no cost to the
employee only between the hours of 6:30 a.m. and 6:30 p.m.
12.10 Per Diem Holiday Pay and Holiday Meal. When an employee in the
classification of Staff Nurse-Per Diem (VWWA) or Staff Advice Nurse–Per Diem
(VWXF) works on a holiday set forth in Section 12.1.A, above, the employee is entitled
to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of
pay (not including differentials) for all hours worked, up to a maximum of eight (8) hours.
Employee in per diem classifications who work at the County Hospital and who are
required to work on Thanksgiving, Christmas, or New Year's Day will be given a meal in
the Hospital Cafeteria at no cost to the employee only between the hours of 6:30 a.m.
and 6:30 p.m. No other provisions of this Section 12 apply to employees in per diem
classifications.
SECTION 13 – VACATION LEAVE
13.1 Vacation Allowance. Permanent and provisional employees in permanent
positions are entitled to vacation with pay. Accrual is based upon straight-time hours of
working time per calendar month of service and begins on the date of appointment to a
permanent position. Increased accruals begin on the first of the month following the
month in which the employee qualifies. Accrual for portions of a month shall be in
minimum amounts of one (1) hour calculated on the same basis as for partial month
compensation pursuant to Section 5.8 of this MOU. Vacation credits may not be taken
during the first six (6) calendar months of employment, not necessarily synonymous
with probationary status, except where sick leave has been exhausted; and none shall
be allowed in excess of actual accrual at the time vacation is taken. Vacation credits
may be taken in one-tenth hour (6 minute) increments.
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13.2 Vacation Accrual Rates.
Length of Service
Monthly
Accrual Hours
Maximum
Cumulative Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
13.3 Vacation Accrual During Leave Without Pay. No employee who has been
granted leave without pay or unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who is absent without pay accrue
vacation credit during the absence.
13.4 Professional Sabbatical Leave. Employees who have completed five (5) years
or more of employment shall annually receive three (3) days of paid sabbatical leave.
Employees who have completed seven (7) or more years of employment shall receive
an additional day for a total of four (4) days of paid sabbatical leave. This leave shall be
granted under the same provisions for vacation leave.
13.5 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
13.6 Permanent Part-Time and Intermittent Employees. Employees in permanent
part-time and permanent-intermittent positions shall accrue vacation benefits on a
prorated basis as provided in Resolution No. 81/1165, Section 36-2.006.
13.7 Vacation Requests. Vacation for all permanent employees shall be scheduled
on an annual cycle, April 1 through March 30.
Employees must submit their written vacation request by February 1 of each year. The
Hospital will post a schedule of vacations by March 1 of each year. The vacation
schedule will be effective on April 1 of each year.
Only one (1) employee per classification from each work site and shift may be pre-
approved for vacation at the same time. In case of conflict, the employee with the
greater length of service in their classification will receive the requested vacation time.
Less senior employees will be given the opportunity to request a different time before
the annual schedule is posted. Time off will be approved contingent upon the actual
number of accruals available at the time vacation is taken.
Vacation requests submitted after February to the Nurses assigned Nursing Program
Manager shall be considered on a first come basis and the County will respond to such
requests within thirty (30) days from receipt. If staffing and patient care requirements do
not permit all Nurses requesting a certain vacation preference to take their vacations
over the same period, length of service in their classification among those Nurses who
submit vacation requests at the same time shall be the determining factor within each
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work area. Arrangements for vacation replacements shall be the responsibility of
Nursing Service, it being understood that denial of the vacation request may result if
Nursing Service is unable to arrange for replacements.
Employees may select vacations that include observed holidays set forth in this MOU,
other than Christmas and New Year’s Day. Christmas and New Year’s Day shall be
rotated amongst staff rather than determined by seniority.
13.8 Vacation Leave on Reemployment from a Layoff List. Employees with six (6)
months or more service in a permanent position prior to their layoff who are employed
from a layoff list, shall be considered as having completed six (6) month’s tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate Payroll system override actions can be taken.
13.9 Vacation Leave Accrual Usage. An employee’s total accrual for the purpose of
granting vacation leave shall include accrued: (a) vacation credits, (b) compensatory
time, (c) holiday compensatory time, (d) Flexible compensatory time, and (e)
professional sabbatical leave.
SECTION 14 – SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized; it is
not paid time off which employees may use for personal activities.
14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hour’s 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 minute
increments.
Unused sick leave credits accumulate from year to year. When an employee is
separated other than through retirement, accumulated sick leave credits shall be
canceled, unless the separation results from layoff, in which case the accumulated
credits shall be restored if he/she is reemployed in a permanent position within the
period of lay-off eligibility.
Upon the date of retirement, an employee's accumulated sick leave is converted to
retirement time on the basis of one (1) day of retirement service credit for each day of
accumulated sick leave credit.
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14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions apply:
Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter,
father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister
in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner
of an employee and/or includes any other person for whom the employee is the legal
guardian or conservator, or any person who is claimed as a "dependent" for IRS
reporting purposes by the employee.
Employee: Any person employed by Contra Costa County in an allocated position in
the County service.
Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations
and Memoranda of Understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or
verified, a brief statement in non-technical terms from the employee regarding inability
to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
B. Permanent Disability Sick Leave. Permanent disability means the employee
suffers from a disabling physical injury or illness and is thereby prevented from
engaging in any County occupation for which the employee is qualified by reason
of education, training or experience. Sick leave may be used by permanently
disabled employees until all accruals of the employee have been exhausted or
until the employee is retired by the Retirement Board, subject to the following
conditions:
1. An application for retirement due to disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick leave
for permanent disability.
3. The appointing authority may review medical evidence and order further
examination as deemed necessary, and may terminate use of sick leave
when such further examination demonstrates that the employee is not
disabled, or when the appointing authority determines that the medical
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evidence submitted by the employee is insufficient, or where the above
conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain secluded due to exposure to a communicable
disease.
D. Sick Leave Utilization for Pregnancy Disability. Employees, whose disability is
caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or
recovery there from, 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. If all accrued sick leave has been utilized by the employee, the employee
shall be considered on an approved leave without pay unless the
employee chooses to use vacation or other non-sick leave accruals.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1. For working time used in keeping medical and dental appointments or the
employee's own care; and
2. for working time used by an employee for pre-scheduled medical and dental
appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
G. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family, or of
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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.
Additional leave time may also be provided in accordance with Section 16.1 -
Leave Without Pay of this MOU.
H. Baby/Child Bonding. To bond with the employee’s newborn or placement of a
child in an employee’s family through adoption or foster care, an employee
eligible for baby/child bonding leave pursuant to the Family and Medical Leave
Act (FMLA) and California Family Rights Act (CFRA) may use sick leave credits
for such baby/child bonding leave.
I. Accumulated paid sick leave credits may not be used in the following situations:
1. Vacation: Paid sick leave credits may not be used for an employee's illness
or injury which occurs while he/she is on vacation but the County
Administrator may authorize it when extenuating circumstances exist and the
appointing authority approves.
2. Not in Pay Status: Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but is not
in pay status.
14.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the Department Head. The following procedures
apply:
A. Employee Responsibilities.
1. Employees are responsible for notifying their department of an absence
prior to the commencement of their work shift or as soon thereafter as
possible. Notification shall include the reason and possible duration of the
absence.
2. Employees are required to notify the Nursing Office at least two (2) hours
prior to any shift if they are calling in sick. Notification shall include the
reason and possible duration of the absence. If, due to circumstances
beyond the employee’s control, the employee is unable to call within the
above-mentioned time frames, he/she will call as soon thereafter as
possible.
3. Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
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4. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
5. Employees are encouraged to keep the department advised of 1) a
current telephone number to which sick leave related inquiries may be
directed, and 2) any condition(s) and/or restriction(s) that may reasonably
be imposed regarding specific locations and/or persons the department
may contact to verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied if
these procedures are not followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the sick
leave claim. The Department Head or designee may make reasonable inquiries
about employee absences. The department may require medical verification for
an absence of three (3) or more working days. The department may also require
medical verification for absences of less than three (3) working days for probable
cause if the employee had been notified in advance in writing that such
verification was necessary. Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification was
not made in accordance with departmental sick leave call-in guidelines.
These inquiries shall be subject to any restrictions imposed by the
employee under Section 14.4.A.
2. Obtaining the employee's signature on the Absence/Overtime Record or
on another form established for that purpose, as employee certification of
the legitimacy of the claim.
3. Obtaining the employee's written statement of explanation regarding the
sick leave claim.
4. Requiring the employee to obtain a physician's certificate or verification of
the employee's illness, date(s) the employee was incapacitated, and the
employee's ability to return to work, as specified above.
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 ensure 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.
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To help assure uniform policy application, the Director of Human
Resources or designated management staff of the Human Resources
Department should be contacted with respect to sick leave determinations
about which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of 1937. An appointing authority after giving notice may place
an employee on leave if the appointing authority has filed an application for
disability retirement for the employee, or whom the appointing authority believes
to be temporarily or permanently physically or mentally incapacitated for the
performance of the employee's duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employees, or the public, or which impair
the employee's performance of duty, may order the employee to undergo, at
County expense and on the employee's paid time, a physical, medical
examination by a licensed physician and/or a psychiatric examination by a
licensed physician or psychologist, and receive a report of the findings on such
examination. If the examining physician or psychologist recommends that
treatment for physical or mental health problems, including leave, are in the best
interests of the employee or the County in relation to the employee overcoming
any disability and/or performing his or her duties, the appointing authority may
direct the employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Director of Human Resources
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave exceeding two (2) weeks in duration, the
appointing authority may order the employee to undergo, at County expense, a
physical, medical, and/or psychiatric examination by a licensed physician, and
may consider a report of the findings on such examination. If the report shows
that such employee is physically or mentally incapacitated for the performance of
duty, the appointing authority may take such action as deemed necessary in
accordance with appropriate provisions of this MOU.
14.6 Workers' Compensation and Continuing Pay. A permanent non-safety
employee shall continue to receive the appropriate percent of regular monthly salary for
all accepted claims filed before January 1, 2000. For all accepted claims filed with the
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County on or after January 1, 2000, the percentage of pay for employees entitled to
Workers’ Compensation shall be eighty-six percent (86%), except as provided below.
Employees injured on or after the implementation date of this provision for the majority
of County employees shall receive eighty percent (80%) for twelve (12) consecutive
months from the date of injury. Employees injured after twelve (12) months from the
initial implementation date shall receive seventy-five percent (75%) for twelve (12)
consecutive months from the date of injury. Employees injured after twenty-four (24)
months from the initial implementation date shall receive seventy percent (70%) for
twelve (12) consecutive months from date of injury. If Workers' Compensation becomes
taxable, the County agrees to restore the current benefit level (one hundred percent
[100%] of monthly salary) and the parties shall meet and confer with respect to funding
the increased cost.
A. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses any time on the
day of injury, that day counts as day one (1) of the waiting period. If the injured
worker does not lose time on the day of injury, the waiting period will be the first
three (3) calendar days the employee does not work as a result of the injury. The
time the employee is scheduled to work during this waiting period will be charged
to the employee's sick leave and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the disability exceeds fourteen
(14) days.
B. Continuing Pay. A permanent employee shall receive the appropriate
percentage as outlined above of regular monthly salary during any period of
compensable temporary disability not to exceed one year. "Compensable
temporary disability absence" for the purpose of this Section is any absence due
to work-connected disability which qualifies for temporary disability compensation
under Workers' Compensation Law set forth in Division 4 of the California Labor
Code. When any disability becomes medically permanent and stationary, 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, or until one (1) year of continuing pay, whichever comes
first, provided the employee remains in an active employed status. Continuing
pay is automatically terminated on the date an employee is separated from
County service by resignation, retirement, layoff, or the employee is no longer
employed by the County. In these instances, employees will be paid Workers’
Compensation benefits as prescribed by Workers’ Compensation laws. All
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continuing pay will be cleared through the Office of the County Administrator,
Risk Management Division.
Whenever an employee who has been injured on the job and has returned to
work is required by an attending physician or Nurse Practitioner to leave work for
treatment during working hours, the employee shall be allowed time off up to
three (3) hours for such treatment without loss of pay or benefits, provided the
employee notifies his/her supervisor of the appointment at least three (3)
business office days prior to the appointment. 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.
C. 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 (vacation charges to be approved by the Department and the employee).
If salary integration is no longer available, Workers' Compensation benefits will
be paid directly to the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and whose disability is
medically permanent and stationary 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.
E. Health Insurance. The County contribution to the employee's group insurance
plan continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
A. Integration Formula. An employee's sick leave and/or vacation charges shall
be calculated as follows:
C = 8 [1 – (W ÷ S)]
C = Sick leave or vacation charge per day
(in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.7 Labor-Management Committee. On May 26, 1981, the Board of Supervisors
established a labor-management committee to administer a rehabilitation program for
disabled employees. It is understood that the benefits specified above in this Section
14 shall be coordinated with the rehabilitation program as determined by the labor-
management committee.
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14.8 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid military leave shall accrue any sick leave credits during
the time of such leave, nor shall an employee who is absent without pay accrue sick
leave credits during the absence.
14.9 State Disability Insurance (SDI).
A. General Provisions. Contra Costa County participates in the State Disability
Insurance (SDI) program, subject to the rules and procedures established by the
State of California. The County augments the SDI program with its SDI
Integration Program. Changes to the State Disability Insurance program could
affect the County’s SDI Integration Program. Determination of SDI payments and
eligibility to receive payments is at the sole discretion of the State of California.
Employees eligible for SDI benefits are required to apply for SDI benefits and to
have those benefits integrated with the use of their sick leave accruals on the
following basis:
“Integration” means that employees are required to use their sick leave accruals
to supplement the difference between the amount of the SDI payment and the
employee's base monthly salary to the extent that the total payment does not
exceed the employee’s base monthly salary. Integration of sick leave with the
SDI benefit is automatic and cannot be waived. Integration applies to all SDI
benefits paid. For employees off work, on disability, and receiving SDI, the
employee’s County Department will make appropriate integration adjustments,
including retroactive adjustments, if necessary. Employees must inform their
Department of a disability in a timely manner in order for the Department to make
appropriate integration adjustments. SDI benefit payments will be sent directly to
the employee 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 to supplement the difference
between the amount of the SDI payment and the employee’s base monthly
salary. These accruals may be used only to the extent that the total payment
does not exceed the employee’s base monthly salary.
B. Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave
accrual usage with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning
of the disability integration period, the Department will automatically use 0.1
hours of sick leave per month for the duration of their SDI benefit.
When the SDI benefit is exhausted, integration terminates. The employee then
may continue to use sick leave without integration and/or other accruals.
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When sick leave accruals are totally exhausted, integration with the SDI benefit
terminates.
Employees whose SDI claims are denied must present a copy of their claim
denial to their Department. The Department will then authorize the use of unused
sick leave and/or other accruals as appropriate.
C. Method of Integration. For purposes of integration with the SDI program, all
full-time employees' schedules will be converted to eight (8) hour/five (5) day
weekly work schedules.
The formula for full-time employees' sick leave integration charges is as follows:
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 = Estimated Monthly SDI Benefit [D = (W ÷ 7)
x C]
L = Sick Leave Hours Charged per Day
Permanent part-time employees, permanent-intermittent employees, and full-time
employees who are working a light/limited duty reduced schedule, will have their
sick leave integration adjusted accordingly.
D. Definition. "Base Monthly Salary", for purposes of the SDI integration program,
is defined as the salary amount of the employee's step on the salary schedule of
the employee's classification at the time of integration.
14.10 Confidentiality of Information/Records. Any use of employee medical records
will be governed by the Confidentiality of Medical Information Act (Civil Code Sections
56 to 56.26).
SECTION 15 – CATASTROPHIC LEAVE BANK
15.1 Program Design. The Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition
of the employee or family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes to contribute may authorize that a
portion of his/her accrued vacation, compensatory time, holiday compensatory time or
floating holiday be deducted from those account(s) and credited to the Catastrophic
Leave Bank. Employees may donate hours either to a specific eligible employee or to
the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred
to a requesting employee's sick leave account so that employee may remain in paid
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status for a longer period of time, thus partially ameliorating the financial impact of the
illness, injury, or condition.
Catastrophic illness or injury is defined as a critical medical condition, a long-term major
physical impairment or disability which manifests itself during employment.
15.2 Operation. The plan will be administered under the direction of the Director of
Human Resources. The Human Resources Department will be responsible for
receiving and recording all donations of accruals and for initiating transfer of credits
from the Bank to the recipient's sick leave account. Disbursement of accruals will be
subject to the approval of a six (6) member committee composed of three (3) members
appointed by the County Administrator and three (3) members appointed by the majority
representative employee organizations. The committee shall meet monthly to consider
all requests for credits and shall make determinations as to the appropriateness of the
request. The committee shall determine the amount of accruals to be awarded for
employees whose donations are non-specific. Consideration of all requests by the
committee will be on an anonymous 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 have permanent status, must
have exhausted all time-off accruals to a level below eight (8) hours total, have applied
for a medical leave of absence and have medical verification of need.
Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less than four
(4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or
holiday compensatory time accounts. Employees who elect to donate to a specific
individual shall have seventy-five percent (75%) of their donation credited to the
individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank.
Time donated will be converted to a dollar value and the dollar value will be converted
back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All computations will be on a standard
173.33 basis, except that employees on other than a forty (40) hour week will have
hours prorated according to their status. Any recipient will be limited to a total of one
thousand forty (1,040) hours or its equivalent per catastrophic event; each donor will be
limited to one hundred twenty (120) hours per calendar year.
No element of this plan is grievable. All appeals from either a donor or recipient will be
resolved on a final basis by the Director of Human Resources.
No employee will have any entitlement to catastrophic leave benefits. The award of
catastrophic leave will be at the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awarded benefits. Benefits may be denied, or
awarded for less than six (6) months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose from among eligible applicants,
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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 who has permanent status may be granted
a leave of absence without pay upon written request, approved by the appointing
authority. Leaves under the Pregnancy Disability Leave Act (PDL), Family and Medical
Leave Act (FMLA), and California Family Rights Act (CFRA) will be considered in
accordance with applicable state and federal law, and Section 16.5.
16.2 General Administration – Leave of Absence (Non-Statutory). Requests for
leave of absence without pay shall be made in writing 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 that are not
otherwise covered by FMLA, CFRA, and PDL:
1. Employee’s own 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 employee's position;
5. for other reasons or circumstances acceptable to the appointing authority.
B. An employee must request a leave of absence at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer of the
need for leave as soon as possible and practical.
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. Procedure in
granting extensions shall be the same as that in granting the original leave,
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provided that the request for extension must be made no later than thirty (30)
calendar days before the expiration of the original leave.
D. Whenever an employee who has been granted a leave without any pay desires
to return before the expiration of such leave, the employee shall provide notice to
the appointing authority in writing at least two (2) days in advance of the
proposed return. The Human Resources Department shall be notified promptly of
such return.
E. The decision of the appointing authority to deny a leave or early return from leave
shall be subject to appeal to the Director of Human Resources and not subject to
appeal through the grievance procedure set forth in Section 24 of 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 shall have their
compensation for the portion of the month worked computed in accord with Section 5.9 -
Compensation for Portion of Month, of the MOU. Full-time and part-time employees
who take furlough time shall have their vacation, sick leave, floating holiday and any
other payroll-computed accruals computed as though they had worked the furlough
time. When computing vacation, sick leave, floating holiday and other accrual credits
for employees taking furlough time, this provision shall supersede Sections 13.5 –
Vacation Allowance for Separated Employee, 14.2 – Credits To and Charges Against
Sick Leave, 14.8 – Accrual During Leave Without Pay, and 15.1 – Catastrophic Leave
Bank, Program Design of this MOU regarding the computation of vacation, sick leave,
floating holiday and other accrual credits as regards furlough time only. For payroll
purposes, furlough time (absence without pay with prior authorization of the appointing
authority) shall be reported separately from other absences without pay to the Auditor-
Controller. The existing VTO program shall be continued for the life of the contract.
16.4 Military Leave. Any employee who is ordered to serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the period of such service, plus
ninety (90) days. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of 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 the employee's
position in the classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
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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 Leaves Pursuant to Family and Medical Leave Act (FMLA), California
Family Rights Act (CFRA), & Pregnancy Disability Leave Act (PDL).
A. FMLA: Upon request to the appointing authority, any employee who meets the
legal eligibility requirements for FMLA shall be entitled to at least twelve (12)
weeks of FMLA, and up to an additional six (6) weeks of leave, provided by the
County, with the same FMLA protections, for a total of eighteen (18) weeks,
during a rolling twelve (12) month period (measured backward from the date an
employee uses any FMLA leave), less if so requested by the employee, for a
qualifying reason in accordance with federal laws. FMLA leave will run
concurrently with CFRA and PDL leaves to the extent permitted by law.
B. CFRA: Upon request of the appointing authority, any employee who meets the
legal eligibility requirements for CFRA shall be entitled to at least twelve (12)
weeks of CFRA leave during a rolling twelve (12) month period, measured
backward from the date an employee uses any CFRA leave, less if so requested
by the employee for a qualifying reason in accordance with state law. CFRA
leave will run concurrently with FMLA leave to the extent permitted by law,
except that CFRA leave will not run concurrently with pregnancy disability leave
under the Pregnancy Disability Leave Act.
C. PDL: Upon request of the appointing authority, any employee who meets the
legal eligibility requirements for PDL shall be entitled to up to four (4) months of
PDL as provided in state law.
16.6 Medical Certification. The employee may be asked to provide medical
certification of the need for family care, pregnancy disability, or medical leave pursuant
to 16.2.A., above, or for FMLA, CFRA and/or PDL leave For periods of family care,
pregnancy disability, or medical leave that are not covered by the FMLA, CFRA, or PDL,
or that exceed the leave allowed under the FMLA, CFRA, and/or PDL may be granted
at the discretion of the appointing authority.
16.7 Intermittent Use of Leave. The FMLA/CFRA/PDL entitlement may be in broken
periods, intermittently on a regular or irregular basis, or may include reduced work
schedules depending on the specific circumstances and situations surrounding the
request for leave. The leave 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 16.11 – Leave Without Pay – Use of Accruals.
When paid leave accruals are used for FMLA, CFRA and/or PDL, such time shall be
counted as a part of the leave entitlement.
16.8 Aggregate Use for Spouse. For FMLA only, in the situation where husband
and wife are both employed by the County, the family care or medical leave entitlement
based on the birth, adoption or foster care of a child is limited to an aggregate for both
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employees together of eighteen (18) weeks in a rolling twelve (12) month period
(measured backward from the date an employee uses any FMLA leave). Employees
requesting FMLA leave for this purpose 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 Section
16.2.A., the following definitions apply: FMLA, CFRA, and PDL, definitions will be as set
forth in state and federal laws.
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 stepparent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Family Code Section 300.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom
the employee is not related and with whom the employee resides and shares the
common necessities of life.
E. Serious Health Condition: An illness, injury, impairment, or physical or mental
condition which warrants the participation of a family member to provide care
during a period of treatment or supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or continuing treatment or
continuing supervision by a health care provider (e.g., physician or surgeon) as
defined by state and federal law.
F. Certification for Family Care Leave: A written communication to the employer
from a health care provider of a person for whose care the leave is being taken
which need not identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to render
care or supervision;
4. a statement that the serious health condition warrants the participation of
a family member to provide care during a 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
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necessary for the care of the individual or will assist in their recovery, and
its expected duration.
G. Medical Certification for Employee Serious Health Condition: A written
communication from a health care provider of an employee with a serious health
condition or illness to the employer, 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.
16.10 Group Health Plan Coverage. Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in Section 16.11 - Leave Without Pay – Use of Accruals.
During the eighteen (18) weeks of an approved medical or family care leave provided by
the County under Section 16.5.A – FMLA (twelve (12) weeks and up to an additional six
(6) weeks), 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
16.11 - Leave Without Pay – Use of Accruals. 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.
16.11 Leave Without Pay – Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using available sick leave (if so entitled under Section 14.3 – Policies
Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may be "broken" into segments and
accruals used on a monthly basis at the employee's discretion. After the first
twelve (12) months, the leave period may not be "broken" into segments and
accruals may not be used, except when required by SDI Integration under
Section 14.9 – State Disability Insurance, or as provided in the sections below.
B. Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA).
During the approved FMLA and/or CFRA 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
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0.1 hour of sick leave (if so entitled under Section 14.3 – Policies Governing the
Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or
other accruals or entitlements if such are available, although use of additional
accruals is permitted under Subsection A. above.
C. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14.3 – Policies Governing the Use of Paid Sick Leave.
16.12 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence shall be
reinstated to a position in that classification and department and then only on the basis
of seniority. In case of severance from service by reason of the reinstatement of a
permanent employee, the provisions of Section 11 – Seniority, Workforce Reduction,
Layoff and Reassignment shall apply.
16.13 Salary Review While on Leave of Absence. The salary of an employee who is
on a leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
preceding year shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military
leave.
16.14 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authority, or at the expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
16.15 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall
remain in effect.
SECTION 17 - JURY DUTY AND WITNESS DUTY
17.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an
employee is obligated to report to the court for possible service on a jury.
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 Municipal, Superior, or Federal Court, or a Coroner’s 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
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Municipal, Superior or Federal Court, employees may remain in a regular pay status if
they waive all fees (other than mileage), regardless of shift assignment, and the
following shall apply:
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/her department where it will be retained as a department record.
No "Absence/Overtime Record" is required.
B. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. No court certificate is required but an
"Absence/Overtime Record" must be submitted to the department payroll clerk.
Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their ability
to properly serve as jurors.
An employee on short notice standby to report to court, whose job duties make short
notice response impossible or impractical, shall be given alternate work assignments for
those days to enable them to respond to the court on short notice.
When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise. Participants in 9/80
or 4/10 work schedules will not receive overtime or compensatory time credit for jury
duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for those
days on which they were previously scheduled to work.
17.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to them,
other than mileage allowance, or they may take vacation leave or leave without pay and
retain all fees and expenses. Employees called to serve as witnesses in private cases
or personal matters (e.g., accident suits and family relations) shall take vacation leave
or leave without pay and retain all witness fees paid to them.
Employees shall advise their department as soon as possible if scheduled to appear for
witness duty. Permanent-intermittent employees are entitled to paid witness duty only
for those days on which they were previously scheduled to work.
SECTION 18 – MEDICAL, LIFE AND DENTAL CARE
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SECTION 18 – MEDICAL, LIFE AND DENTAL CARE
18.1 County Plans. The County will offer medical and dental coverage for permanent
full time employees (40/40) and permanent part time employees (whose positions are
designated as 16/40 or more) and for their eligible family members, expressed in one of
the Medical 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
In the event of death or disability on the job, Labor Code Sections 4700-4709 are
applicable.
Medical Plans:
All eligible employees will have access to the following medical plans:
a. CCHP Plan A & Plan B
b. Kaiser Permanente Plan A & Plan B
c. Health Net SmartCare HMO Plan A & Plan B
18.2 Rate Information. The County Benefits Division will make medical 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.
18.3 County Medical and Dental Plan Monthly Premium Subsidy
A. County Medical and Dental Plan Monthly Premium Subsidy:
1. The County subvention for medical plan will be as follows:
CCHP Plan A & B 98%
Kaiser 80%
Health Net SmartCare HMO Plan A & B 80%
2. The County subvention for the Dental Plan will be as follows:
Delta Dental PPO/ CCHP A/B 98%
Delta Care HMO/ CCHP A/B 98%
Delta Dental PPO 78%
Delta Care HMO 78%
Dental Only County pays all but $0.01
B. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any health or dental plan,
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for any plan year, the County’s contribution will not exceed one hundred percent
(100%) of the applicable plan premium.
18.4 Family Member Eligibility Criteria: The following persons may be enrolled as
the eligible Family Members of a medical or dental plan Subscriber:
A. Medical Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50% of the
year excluding time living at school; and,
ii. Receives at least 50% of support from Employee;
and,
iii. Is enrolled and attends school on a full-time basis, as
defined by the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
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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.
18.5 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 Employee
Benefits Services Unit. The responsibility for this payment rests with the employee. If
payment is not made, the employee shall be dropped from the health plan. An
employee is thus covered by the health plan for the month in which compensation is
paid.
18.6 Coverage During Absences. An employee on approved leave shall be allowed
to continue his/her health plan coverage at the County group rate for twelve (12)
months. When an employee is in an AWOP status for the entire month, he/she shall be
allowed to continue health plan coverage provided that the employee shall pay the
entire premium for the health plan during said leave.
An employee on leave in excess of twelve (12) months may continue health plan
coverage by converting to an individual health plan option (if available) or continuing
group coverage subject to the provisions of the Consolidated Omnibus Budget
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.
An employee who terminates County employment may convert to individual health plan
coverage, if available, or may continue County group health plan coverage to the extent
provided under COBRA by making premium payments to the County at a time and
place specified by the County.
18.7 Retirement Coverage.
A. Upon Retirement:
1. Upon retirement, eligible employees and their eligible family members
may remain in their County medical/dental plan, if immediately before their
proposed retirement the employees and dependents are either active
subscribers to one of the County contracted medical/dental plans, or if
while on authorized leave of absence without pay, they have retained
continuous coverage during the leave period by retaining their
membership by continuing to pay their monthly premium by the deadlines
established by the County, or by converting to individual conversion
membership through the medical plan carrier, if available. The County will
pay the medical/dental plan monthly premium subsidies set forth in
Section 18.3.A. for eligible employees and their eligible family members.
No County subsidy will be paid for life insurance, but eligible employees
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may continue to obtain life insurance from the County’s carrier at the
employee’s sole expense.
2. For purposes of retiree health coverage eligibility, a year of service for
part-time employees shall be defined as one thousand (1,000) paid hours,
excluding Workers’ Compensation and overtime worked within service
anniversary year. For the purpose of this provision, employees shall
accrue service credit while on Family and Medical Leave or in a paid
status.
All employees covered by Section 18.1, who are hired after January 1,
2007, will be eligible for retiree health coverage pursuant to the terms
outlined above, upon completion of fifteen (15) years of service with
Contra Costa County. For the purposes of retiree health eligibility, a year
of service shall be defined as one thousand (1,000) hours worked within
an anniversary year. The existing method of crediting service while an
employee is on an approved leave of absence will continue during the
term of this agreement.
3. Public Health Nurse Unit Only: For employees in the Public Health Nurse
Unit 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. Any person who becomes age 65 on or after July 1, 2012 and who is eligible for
Medicare must immediately enroll in Medicare Parts A and B.
18.8 Dual Coverage. On and after January 1, 2010, 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.
On and after January 1, 2010, all dependents may be covered by the health and/or
dental plan of only one spouse or one domestic partner. For example, when both
parents are County employees, all of their eligible children may be covered as
dependents of either parents, but not both.
SECTION 18 – MEDICAL, LIFE AND DENTAL CARE
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For purposes of this Section 18.8 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.
18.9 Health Care Spending Account. The County will offer regular full-time and
part-time (20/40 or greater) County employees the option to participate in a Health Care
Spending Account (HCSA) Program designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA
Program allows employees to set aside a pre-determined amount of money from their
paycheck, not to exceed the maximum amount authorized by federal law, per calendar
year, before taxes, for health care expenses not reimbursed by any other health
benefits plan with before tax dollars. HCSA dollars can be expended on any eligible
medical expenses allowed by Internal Revenue Code Section 125. Any unused
balance cannot be recovered by the employee.
18.10 Public Employees Retirement System (PERS) Long-Term Care. The County
proposes to deduct and remit monthly premium and eligible lists to the PERS Long-
Term Care Administrator, at no County administrative cost, for County employees who
are eligible and voluntarily elect to purchase long-term care through the PERS Long-
Term Care Program.
The County further agrees that County employees interested in purchasing PERS Long-
Term Care may participate in meetings scheduled by PERS Long-Term Care on County
facilities during non-work hours (e.g., coffee breaks, lunch hour).
18.11 Deferred Retirement. Employees covered by Section 18.1 - County Plans, who
resign and file for a deferred retirement, and their eligible family members, may continue
in their County group medical and/or dental plan. The following conditions and
limitations apply:
A. Medical and dental coverage during the deferred retirement period is at the sole
expense of the employee, without any County contributions.
B. Life insurance coverage is not included.
C. To be eligible to continue medical and dental coverage, the employee must:
1. be qualified for a deferred retirement under the 1937 Retirement Act
provisions;
2. be an active member of a County group medical and/or dental plan at the
time of filing their deferred retirement application and elect to continue
health benefits;
3. be eligible for a monthly allowance from the Retirement System and direct
receipt of a monthly allowance within twenty-four (24) months of their
application for deferred retirement;
SECTION 18 – MEDICAL, LIFE AND DENTAL CARE
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4. file an election to defer retirement and to receive retiree health benefits
hereunder with the County Benefits Division within thirty (30) days before
their separation from county service.
D. Deferred retirees who elect continued health benefits hereunder may maintain
continuous membership in their County medical and/or dental plan group during
the period of deferred retirement at their full personal expense, by paying the full
premium for their medical and dental coverage on or before the tenth (10th) of
each month to the Employee Benefits Services Unit. When they begin to receive
retirement benefits, they will qualify for the same medical and/or dental plan
coverage and County subvention to which similarly situated retirees who did not
defer retirement are entitled.
E. Deferred retirees may elect retiree health benefits hereunder but may elect not to
maintain participation in their County medical and/or dental plan during their
deferred retirement period. When they begin to receive retirement benefits, they
will qualify for the same health coverage pursuant to Section 18.7, subsection
(A), above, as similarly situated retirees who did not defer retirement, provided
reinstatement to a County group health plan will only occur following a three (3)
full calendar month waiting period after the month in which their retirement
allowance commences.
F. Employees who elect deferred retirement will not be eligible in any event for
County health plan subvention unless the member draws a monthly retirement
allowance within twenty-four (24) months after separation from County service.
G. Deferred retirees and their eligible family members are required to meet the
same eligibility provisions for retiree health coverage as similarly situated retirees
who did not defer retirement.
18.12 Child Care. The County will continue to support the concept of non-profit
childcare facilities similar to the “Kid’s at Work” program, a private non-profit.
18.13 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 a predetermined amount of
money from their paycheck, not to exceed the maximum amount authorized by federal
law (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.
18.14 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.
SECTION 19 – PROBATIONARY PERIOD
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18.15 Supplemental Life Insurance: In addition to the life insurance benefits provided
by this agreement, employees may subscribe voluntarily and at their own expense for
supplemental life insurance. Employees may subscribe for an amount not to exceed
five hundred thousand dollars ($500,000), of which one hundred fifty thousand
($150,000) is a guaranteed issue, provided the election is made within the required
enrollment periods.
18.16 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.
18.17 Voluntary Vision Plan: Beginning with the 2019 plan year, active permanent
full-time and active permanent part-time employees will be offered the opportunity to
enroll in a voluntary vision plan. Employees will pay the full premium costs of the plan.
The County will contract with a provider for a voluntary vision plan with no co-pays. The
vision plan is not available to temporary, per diem, or permanent-intermittent
employees.
18.18 Prevailing Section: To the extent that any provision of this Section (Section 18
- Medical, 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 18 – Medical, Life
& Dental Care) will prevail.
SECTION 19 – PROBATIONARY PERIOD
19.1 Duration. All appointments from officially promulgated employment lists for
original entrance or promotion shall be subject to a probationary period. This period
shall be from six (6) months to two (2) years duration.
19.2 Probationary Period in Excess of Six Months. Those classes represented by
the Association which have probation periods in excess of six (6) months: None.
19.3 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
19.4 Criteria. The probationary period shall commence from the date of appointment.
It shall not include time served in provisional or temporary appointments or any period
of continuous absence exceeding fifteen (15) calendar days except as otherwise
provided by law. For those employees appointed to permanent-intermittent positions
with a six (6) month probation period, probation will be considered completed upon
serving one thousand (1,000) hours after appointment except that in no instance will this
period be less than six (6) calendar months from the beginning of probation. If a
permanent-intermittent probationary employee is reassigned to full time, credit toward
SECTION 19 – PROBATIONARY PERIOD
CNA - 61 - 2022 - 2025
probation completion in the full-time position shall be prorated on the basis of one
hundred seventy-three (173) hours per month. For employees appointed to permanent
part-time positions with a six (6) month probation period, probation will be considered
completed after serving six (6) months in the permanent part-time position.
19.5 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal From Rejection. Notwithstanding any other provisions of this section, an
employee (probationer) shall have the right to appeal from any rejection during
the probationary period based on political, or religious, or Union activities, or
race, color, national origin, sex, age, disability, or sexual orientation, or as
otherwise provided by law.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
Subsection A and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of
delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
Subsection A, it may refer the matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in which proceedings the rejected
probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal.
If, after hearing, the Merit Board upholds the appeal, it shall direct that the
appellant shall begin a new probationary period unless the Merit Board
specifically reinstates the former period.
19.6 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to the
condition that the Director of Human Resources receives from the appointing authority a
statement in writing that the services of the employee during the probationary period
were satisfactory and that the employee is recommended for permanent appointment.
A probationary employee may be rejected at any time during the probation period
without regard to the Skelly provisions of this MOU, without notice and without right of
appeal or hearing. If the appointing authority has not returned the probation report, a
probationary employee may be rejected from the service within a reasonable time after
the probation period for failure to pass probation. The department will make every effort
to process the probation report in a timely manner, with the intent of completing it before
the end of the probation period. If the appointing authority fails to submit in a timely
manner the proper written documents certifying that a probationary employee has
served in a satisfactory manner and later acknowledges it was his or her intention to do
so, the regular appointment shall begin on the day following the end of the probationary
SECTION 20 – PROMOTION
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period. Notwithstanding any other provisions of the MOU, an employee rejected during
the probation period from a position in the merit system to which the employee had
been promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months after
being promoted or transferred from a position in the merit system to a position not
included in the merit system shall be restored to a position in the classification in the
department from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall
not be restored to the eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the appointing authority and is
certified by the Director of Human Resources whose decision is final.
The Director of Human Resources shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected from the
same eligible list, unless such certification is requested in writing by the appointing
authority.
19.7 Layoff During Probation. An employee, who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another classification, the employee shall
serve a full probationary period. An employee appointed to a permanent position from a
layoff or reemployment list is subject to a probation period if the position is in a
department other than the department from which the employee separated, displaced,
or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment
list is not subject to a probation period if the position is in the department from which the
employee separated, displaced or voluntarily demoted in lieu of layoff.
19.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is appointed
from the layoff list and then rejected during the probation period shall be automatically
restored to the layoff list, unless discharged for cause, if the person is within the period
of layoff eligibility. The employee shall begin a new probation period if subsequently
certified and appointed in a different department or classification than that from which
the employee was laid off.
SECTION 20 – PROMOTION
20.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
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20.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
20.3 Promotion Via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
B. The incumbent of the position must have performed at the higher level for one (1)
year.
C. The incumbent must meet the minimum education and experience requirements
for the higher class.
D. The action must have approval of the Director of Human Resources.
E. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
20.4 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or
permanent status in the merit system and must possess the minimum qualifications for
the class. Applicants will be admitted to promotional examinations only if the
requirements are met on or before the final filing date. If an employee who is qualified
on a promotional employment list is separated from the merit system, except by layoff,
the employee's name shall be removed from the promotional list.
20.5 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy percent (70%) or more, shall receive, in addition to all other credits, five one
hundredths (.05) of one percent for each completed month of service as a permanent
County employee continuously preceding the final date for filing application for said
examination. For purposes of seniority credits, leaves of absence shall be considered
as service. Seniority credits shall be included in the final percentage score from which
the rank on the promotional list is determined. No employee, however, shall receive
more than a total of five percent (5%) credit for seniority in any promotional
examination.
20.6 Physical Examination. County employees who are required as part of the
promotional examination process to take a physical examination shall do so on County
time at County expense.
SECTION 21 – TRANSFER
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SECTION 21 – TRANSFER
21.1 Requirements. The following conditions are required in order to qualify for
transfer:
A. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on
the basis of minimum qualifications and qualifying procedure;
B. the employee shall have permanent status in the merit system and shall be in
good standing;
C. the appointing authority or authorities involved in the transaction shall have
indicated their agreement in writing;
D. the employee concerned shall have indicated agreement to the change in writing;
E. the Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the regular
appointment procedure provided that the individual desiring transfer has eligibility on a
list for a class for which appointment is being considered.
21.2 Procedure. Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Human Resources in writing of such desire stating
the reasons therefore. If the Director of Human Resources considers that the reasons
are adequate and that the transfer will be for the good of the County service and the
parties involved, the Director of Human Resources shall inform the appointing authority
or authorities concerned and the employee of the proposal and may take the initiative in
accomplishing the transfer.
21.3 Bid Procedure. Employees in all classifications represented by the
Association may bid on open jobs throughout the Health Services Department as
provided below:
A. Eligible Bidders.
1. Permanent Employees. Permanent Employees (full-time, part-time, and
permanent intermittent) may bid on any open permanent position in their
same classification. Employees on probation in a permanent position may
not bid on any position outside of their current work unit.
2. Per Diem Employees. Per Diem employees may bid on any open position
in the merit system classification that is equivalent to their per diem
classification if they are on an active eligible list for the open merit system
position.
B. Responsibility. Implementation of the bidding procedure is the responsibility of the
Supervisor ("Supervisor") of the vacated or newly created position.
SECTION 21 – TRANSFER
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C. Job Notices Posted Five (5) Days Only. Open job notices shall be posted
electronically on the County’s online application website on the “Transfer Jobs”
page for five (5) calendar days. All postings shall be retained for forty-five (45)
days. The notice shall specify the program/assignment, days, and hours of work.
D. All Open Jobs Must be Posted Electronically. All job openings which may occur
by creation of new jobs, separation, promotion, demotion, transfer or
reassignment must be posted for permanent employee bidding.
E. The Supervisor may select from any Eligible Bidder, as defined above.
Preference will be given to bidders with experience working in the unit and
specialty area of the vacant position. However, when the Supervisor is unable to
identify an existing eligible employee with relevant experience and expertise, the
Supervisor may request to interview candidates from the merit system eligible list
concurrently. Merit System eligible lists will be referred under the “Rule of the
List”.
F. Bidder Selection.
1. Bids from within the unit of posting. It is agreed that employees currently
working in the unit that has the posted vacancy would be the most
qualified pool of candidates. The bid will be awarded to unit employees
requesting hour or shift changes in accordance with this provision. In the
case of two (2) or more candidates submitting a bid from within the unit of
vacancy, the position will be awarded to the candidate holding the most
RN unit seniority. For purposes of this section, RN unit seniority is
determined by the date the nurse is hired into the work unit.
The manager may select the next most senior bidder within the unit of
vacancy in the event that the most senior bidder within the unit of vacancy
has more than two (2) written counseling or disciplinary memos
administered within the past one year or two (2) or more below standard
annual performance evaluations in the past four (4) years.
2. Bids for outside of the unit or posting: The Supervisor shall consider each
eligible employee submitting a bid and select the person to fill the position
they deem most qualified by virtue of education, training, and experience.
In all cases, the person selected must possess the minimum qualifications
(as described in the job specification) for the skill level of the classification
and position they are selected to fill (i.e., Registered Nurse, Registered
Nurse – Beginning Level, Public Health Nurse, etc.). Unsuccessful bidders
will be notified as soon as possible following the conclusion of the
interviews.
G. No Old Job Claim. The selected bidder shall have no claim on the job that the
selected bidder left. If the decision is made by either the supervisor or the
employee to seek immediate reassignment, the employee must take another
SECTION 22 – RESIGNATIONS
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open job (not bid on). The old job may not be reclaimed because the employee
once held it.
H. Minimum Job Time–Three (3) Months. Employees must have had three (3)
months in their reassigned position before they may bid on another open
position. Time period begins the date they begin working in the new assignment.
SECTION 22 – RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and shall indicate the effective
date of termination.
22.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
22.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
A. an employee has been absent from duty for ten (10) consecutive working days
without leave; and
B. ten (10) more consecutive days have elapsed without response by the employee
after the mailing of a notice of resignation by the appointing authority to the
employee at the employee's last known address.
22.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
22.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
22.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority, may be revoked within seven (7) calendar days after its
expression by serving written notice on the Director of Human Resources and a
copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee could
have believed that the resignation was coerced, it shall be revoked and the
SECTION 23 – DISMISSAL, SUSPENSION, AND DEMOTION
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employee returned to duty effective on the day following the appointing
authority's acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal to the Merit Board. In the
alternative, the employee may file a written election with the Director of Human
Resources waiving the employee's right of appeal to the Merit Board in favor of
the employee's appeal rights under the grievance procedure contained in Section
24 – Grievance Procedure.
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.
22.6 Eligibility for Reemployment. Within one (1) year of resignation in good
standing from County service, a person who has had permanent status which included
satisfactory completion of probation may make application by letter to the Director of
Human Resources for placement on a reemployment list as follows: The class from
which the person resigned, or any one class of equal or lesser rank in the occupational
series and in which the person had previously attained permanent status, or for any
class which has replaced the class in which the person previously had status, provided
that the person meets the minimum requirements for the new class. If the appointing
authority of the department from which the person resigned recommends
reemployment, the Director of Human Resources shall grant reemployment privileges to
the person. If the appointing authority does not recommend reemployment, the
employee may appeal to the Director of Human Resources. Consideration of names
from a reemployment list is mandatory if the appointing authority recommended
reemployment of the individual(s) listed but is optional for other appointing authorities.
SECTION 23 – DISMISSAL, SUSPENSION, AND DEMOTION
23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, or
demote, any employee for cause. The following are sufficient causes for such action.
The list is indicative rather than inclusive of restrictions and dismissal, suspension or
demotion may be based on reasons other than those specifically mentioned:
A. absence without leave;
B. conviction of any criminal act involving moral turpitude;
C. conduct tending to bring the merit system into disrepute;
D. disorderly or immoral conduct;
E. incompetence or inefficiency;
SECTION 23 – DISMISSAL, SUSPENSION, AND DEMOTION
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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. negligent or willful damage to public property or waste of public supplies or
equipment;
J. violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head;
K. willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations;
L. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment;
M. misappropriation of County funds or property;
N. unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU;
O. dishonesty or theft;
P. excessive or unexcused absenteeism and/or tardiness;
Q. sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile working
environment.
23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking
a disciplinary action to dismiss, suspend for more than five (5) workdays (four [4]
workdays for employees on 4/10 workweek), demote or reduce in salary any 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.
SECTION 23 – DISMISSAL, SUSPENSION, AND DEMOTION
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C. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
D. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority either
orally or in writing before the proposed action may be taken. Upon request of the
employee and for good cause, the appointing authority may extend in writing the period
to respond. If the employee's response is not filed within seven (7) days or during any
extension, the right to respond is lost.
23.3 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence with pay.
23.4 Length of Suspensions. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board, or the Merit Board.
23.5 Procedure on Dismissal, Suspension, or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an employee having
permanent status in a position in the merit system, after having complied with the
Skelly requirements where applicable, the appointing authority shall make an
order in writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, or demotion shall be filed
with the Director of Human Resources, showing by whom and the date a copy
was served upon the employee to be dismissed, suspended or demoted, either
personally or by certified mail to the employee's last known mailing address. The
order shall be effective either upon personal service or deposit in the U. S. Postal
Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension or demotion either to the Merit Board or through the procedures of
Section 24 – Grievance Procedure of this MOU provided that such appeal is filed
in writing with the Director of Human Resources within ten (10) calendar days
after service of said order. An employee may not both appeal to the Merit Board
and file a grievance under Section 24 – Grievance Procedure of this MOU.
23.6 Employee Representation Rights. The County recognizes an employee’s right
to representation during any disciplinary interview or meeting which may result in
SECTION 24 – GRIEVANCE PROCEDURE
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discipline. The County will not interfere with the representative’s right to assist an
employee to clarify the facts during the interview.
SECTION 24 – GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps. A grievance is any dispute which involves
the interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU which specifically provide that the decision of any County official
shall be final. The interpretation or application of those provisions not being subject to
the grievance procedure. The Union may represent the grievant at any stage of the
process.
Grievances must be filed within thirty (30) calendar days of the incident or occurrence
about which the grievant claims to have a grievance and shall be processed in the
following manner:
Step 1. EMPLOYEE: The Union and any employee or group of employees who
believes that a provision of this MOU has been misinterpreted or misapplied to his or
her detriment shall discuss the complaint with the grievant's immediate supervisor, who
shall meet with the grievant within five (5) business days of receipt of a written request
to hold such meeting.
Step 2. DEPARTMENT: If a grievance is not satisfactorily resolved in Step 1 above,
the grievance may be submitted in writing to Health Services Personnel Department.
This request shall be filed no more than ten (10) business days after the completion of
Step 1. This formal written grievance shall state which provision of the MOU has been
misinterpreted or misapplied, how misapplication or misinterpretation has affected the
grievant, and the remedy he or she seeks. Each written grievance shall be copied to the
Director of Human Resources. The HSD Personnel Department shall have ten (10)
business days in which to respond to the grievance in writing. If either the Union or
grievant request a meeting with the Department Head or his/her designee at this step,
such a meeting will be held.
Step 3. BOARD OF ADJUSTMENT: Pursuant to a formal written request by the
Union, as defined above, if the grievance is not satisfactorily resolved in Step 2, the
Union may file, within fifteen (15) business days of the Step 2 response, a request to
convene a Board of Adjustment. The Board of Adjustment shall be created to be
composed of two (2) representatives of each party to this Agreement, for the purpose of
passing on all claims, disputes and grievances arising between the parties during the
term of this MOU. Said Board shall meet for consideration of any such matter referred
to it within ten (10) business days after receipt of said written request. For cases other
than those which are disciplinary in nature, the convening of the Board of Adjustment
may be waived. The request of either party to extend the time limit for the convening of
the Board of Adjustment due to extenuating circumstances will not be unreasonably
denied. If the matter is not adjusted and is impassed, the moving party shall
communicate in writing to the other party, within twenty (20) business days, following
the meeting of the Board of Adjustment, their desire to proceed to arbitration. Failure of
SECTION 24 – GRIEVANCE PROCEDURE
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the moving party to comply with the twenty (20) business day time limit herein specified
shall be deemed to be a conclusive waiver of the grievance.
Step 4. ARBITRATION: For grievances processed through the Board of Adjustment
the following expedited procedure shall be utilized:
A. The parties may mutually agree to the selection of an Arbitrator. Absent
agreement on Arbitrator selection, the parties may request a panel from the State
Mediation Service. The parties will strike from the Mediation panel list. The
Arbitrator selected will provide the parties with hearing dates within thirty (30)
calendar days of the request.
B. The parties shall be allotted a minimum of twenty (20) business days from date of
request to prepare the case for arbitration. Discharge cases will be heard first on
the agenda followed by suspension cases based on date of occurrence unless
mutually agreed otherwise.
C. Each case will be argued orally unless either party requests to file post-hearing
briefs. At the conclusion of the hearing, the arbitrator shall issue a decision
within three (3) business days from the close of the hearing. A written opinion
and award will be furnished within thirty (30) calendar days thereafter.
D. INTERPRETATION OR APPLICATION DISPUTES: For contract interpretation
disputes which proceed to arbitration, the parties will mutually select an impartial
Arbitrator. If the parties are unable to agree upon the selection of an arbitrator,
they shall request a panel of Arbitrators from the FMCS or the State Mediation
Service and they shall select an arbitrator by utilizing the strike-off method.
E. Each party shall in good faith divulge to the other party all available material facts
at the time said party acquires knowledge thereof concerning the matter in
dispute. Nothing contained herein shall require either party to supply documents
which are irrelevant.
F. All jointly-incurred arbitration expenses shall be borne by the losing party. In the
event of a dispute concerning the application of this section, the Arbitrator shall
be empowered to determine the allocation of expenses.
G. The Arbitrator shall not have the right to alter, amend, delete or add to any of the
terms of this MOU.
In termination cases, it is agreed that if a grievant is reinstated to employment
with full back pay, the County shall pay the jointly-incurred costs of the
arbitration. If a grievant is not reinstated, the Union shall pay the jointly-incurred
costs of the arbitration. If a grievant is reinstated with partial or no back pay, the
parties shall split the jointly-incurred costs of the arbitration.
24.2 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
SECTION 25 - COMPENSATION COMPLAINTS
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Steps 1 through 4 above, the grievance will automatically move to the next step. If an
employee fails to meet the time limits specified in Steps 1 through 4 above, the
grievance will be deemed to have been settled and withdrawn.
24.3 Union Notification. An official, with whom a formal grievance is filed by a
grievant, who is included in a unit represented by the Union, but is not represented by
the Union in the grievance, shall give the Union a copy of the formal presentation.
SECTION 25 - COMPENSATION COMPLAINTS
The Employer is not required to pay any wage claim or portion thereof retroactively for a
period of more than six (6) months immediately prior to the date of the Employer’s
receipt of written notice, of such claim. No change in this MOU or interpretations
thereof (except interpretations resulting from Adjustment Board or arbitration
proceedings hereunder) will be recognized unless agreed to by the County and the
Association.
SECTION 26 - MERIT BOARD
A. All grievances of employees in representation units represented by the
Association shall be processed under Section 24 – Grievance Procedure unless
the employee elects to apply to the Merit Board on matters within its jurisdiction.
B. No action under Step 3, and 4, of Subsection 24.1- Grievance Procedure,
Definition and Procedural Steps shall be taken if action on the complaint or
grievance has been taken by the Merit Board, or if the complaint or grievance is
pending before the Merit Board.
SECTION 27 - NO STRIKE
A. During the term of this MOU, the Association, 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.
B. For Non CNA Strikes: In the case of a legally declared lawful strike against a
private or public sector employer which has been sanctioned and approved by
the labor body or council having jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket line, provided the
employee advises his or her supervisor as soon as possible, and provided further
that an employee may be required to cross a picket line where the performance
of his or her duties is of an emergency nature and/or failure to perform such
duties might cause or aggravate a danger to public health or safety.
SECTION 28 – BILINGUAL PAY
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CNA agrees that the following are essential Registered Nurses who will be
allowed by CNA to work in the event of a strike by another union during the term
of this MOU:
Unit RNs/shift
CSU 3
ICU 4
IMCU 4
Nursery 2
L&D 4
Med 8
Surg 6
Post-P 2
OR 3 on days,
2 on-call PMs and Nights
PACU 2 on days,
1 on-call PMs and Nights
ED 7
Inpt Psych 6
SECTION 28 – BILINGUAL PAY
A salary differential of eighty dollars ($80.00) per month of shall be paid incumbents of
positions requiring bilingual proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be paid to eligible employees in
paid status for any portion of a given month. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the County. Effective July 1, 2008, the
differential shall be increased to one hundred dollars ($100) per month.
SECTION 29 – RETIREMENT
29.1 Contribution.
A. Contribution for Registered Nurses Unit. Pursuant to Government Code
Section 31581.1, for employees in classifications in the Registered Nurses Unit,
the County will continue to pay fifty percent (50%) of the retirement contributions
normally required of employees. Such payments shall continue for the duration
of this MOU, and shall terminate thereafter. Employees shall be responsible for
payment of the employee’s contribution for the retirement cost-of-living program
as determined by the Board of Retirement of the Contra Costa County
Employees' Retirement Association without the County paying any part of the
employee’s share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
B. Contribution for Public Health Nurse Unit. Effective on January 1, 2012
employees in classifications in the Public Health Nurse Unit are responsible for
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the payment of one hundred percent (100%) of the employees’ basic retirement
benefit contributions determined annually by the Board of Retirement of the
Contra Costa County Employees’ Retirement Association without the County
paying any part of the employees’ contribution. Employees are also responsible
for the payment of the employees' contributions to the retirement cost of living
program as determined annually by the Board of Retirement without the County
paying any part of the employees’ contributions. The County is responsible for
one hundred percent (100%) of the employer’s retirement contributions
determined annually by the Board of Retirement.
29.2 Retirement Benefits for Registered Nurses Unit and Public Health Nurse
Unit
A. Retirement Benefit for Registered Nurses Unit - Employees who become
New Members of CCCERA on or after January 1, 2013.
1. For employees who, under the California Public Employees Pension
Reform Act of 2013 (PEPRA), become New Members of the Contra Costa
County Employees Retirement Association (CCCERA) system on or after
January 1, 2013, retirement benefits are governed by PEPRA, (Chapters
296, 297, Statutes of 2012). To the extent this Agreement conflicts with
any provision of PEPRA, PEPRA will govern.
2. For employees who, under PEPRA, become New Members of CCCERA
on or after January 1, 2016, 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.
B. Retirement Benefit for Public Health Nurses Unit- Employees who become
New Members of CCCERA on or after January 1, 2013
1. For employees who, under PEPRA, become New Members of the Contra
Costa County Employees Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297,
Statutes of 2012). To the extent this Agreement conflicts with any
provision of PEPRA, PEPRA will govern.
2. For employees hired by the County after June 30, 2014, who, under
PEPRA, become New Members of CCCERA, 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.
C. For employees in the Registered Nurses Unit and Public Health Nurse Unit who,
under PEPRA, become New Members of CCCERA, the disability provisions are
the same as the current Tier III disability provisions.
SECTION 28 – BILINGUAL PAY
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D. The County will seek legislation amending the County Employees Retirement
Law of 1937 to clarify that the current Tier III disability provisions apply to
employees in the Registered Nurses Unit and Public Health Nurse Unit who,
under PEPRA, become New Members of CCCERA. CNA will support the
passage of the legislation and upon the County’s request, will call and send a
letter (on CNA letterhead) in support of the bill to the state legislator sponsoring
the bill. In addition, upon the County’s request, CNA will testify in support of the
bill before the state legislative committees considering the bill.
29.3 Tier III. Subject to the enactment of enabling legislation amending the 1937
Employees’ Retirement Act to allow such election, the County will permit certain Tier II
employees to elect a Tier III Retirement Plan under the following conditions:
A. The County and the Labor Coalition must agree on the wording of the legislation
and both parties must support the legislation.
B. Except for disability, all benefit rights, eligibility for and amounts of all other
benefit entitlements for Tier III, from and after the date of implementation, shall
be the same as Tier I. The disability benefits for Tier III shall be the same as the
current Tier II disability provisions.
C. The amount of the employee's required retirement contribution shall be
established by the County Employees' Retirement Association and shall be
based on the employee’s age at entry into the retirement system.
D. Employees represented by the Labor Coalition and enrolled in Tier II who have
attained five (5) years of retirement credited service as of the effective date of the
enabling legislation shall have a six (6) month period after such date to make a
one (1) time irrevocable election of the Tier III Retirement Plan expressed herein
subject to action by the Board of Supervisors to implement the Plan. Thereafter,
employees represented by the Labor Coalition enrolled in Tier II who have
attained five (5) years of retirement credited service shall have a ninety (90) day
period to make a one (1) time irrevocable election of the Tier III Retirement Plan
expressed herein.
E. 1. The County's employer contributions and subvention of employee
contributions for Labor Coalition employees electing Tier III which exceed
those which would be required for Tier II membership shall:
a. be funded by reducing the general wage increase agreed upon to
be effective October 1, 1997, and the pay equity amounts
attributable thereto, by a percentage sufficient to reduce the
County’s wage obligation by three ($3) million dollars per year, and
the general wage increase of all employees represented by the
Labor Coalition shall be reduced accordingly; and
b. in the event the County’s costs attributable to the creation and
operation of Tier III exceed three ($3) million dollars per year, or the
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County Employees’ Retirement Association’s actuaries determine
in future years that the County’s retirement costs have increased
and that the increase is attributable to the creation of Tier III and/or
the impact of Tier III on the County’s retirement costs, such
increase shall be funded by reducing the general wage increase(s)
agreed upon in future years, and the pay equity amounts
attributable thereto, to the extent that future wage increases are
granted; and the general wage increase(s) of all employees
represented by the Labor Coalition shall be reduced accordingly;
and
c. in the event the County’s costs attributable to the Tier III Retirement
Plan are less than three ($3) million dollars per year, the difference
shall be divided by twelve (12) and each twelfth (12th) shall be
augmented by an amount equal to the County’s common pooled
fund interest which would have accrued if one-twelfth (1/12th) had
been invested in the first month of the past year, two-twelfths
(2/12th) in the second month of the past year and so forth; and
d. any savings to the County resulting from the creation and operation
of Tier III shall be used to offset future County retirement cost
increases attributable to the creation and operation of Tier III; and
e. County savings shall be held in an account by the Auditor-
Controller which is invested in the County’s common pooled fund
and will accrue interest accordingly. The County will report yearly
to the Labor Coalition on a) the beginning account balance, b) the
interest earned, c) expenditures from the account to cover
increased costs resulting from the Tier III Retirement Plan, and d)
the ending account balance.
2. Any increased costs to the County, due to Tier III participation by
employees not represented by the Labor Coalition, shall not be funded by
reduction of general wage increases otherwise due to the employees
represented by the Labor Coalition.
3. Subject to the provisions expressed above, any and all additional
employer and County-paid employee contributions which exceed the sum
of the County's legally required contributions under Tier II shall be
recovered by reducing general wage increases to the employees
represented by the Labor Coalition.
4. Any disputes regarding cost or savings shall be subject to binding
arbitration upon demand of the Labor Coalition or the County.
F. 1. The enabling legislation shall provide that the Tier III Retirement Plan may
be implemented only by an ordinance enacted by the Board of
Supervisors.
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2. Board of Supervisors’ action to implement the Tier III Retirement Plan
shall be taken not earlier than seven (7) months after the effective date of
the legislation plus thirty (30) days after an actuarial report on the County
cost of the Plan is received by the County, provided that before enactment
of the ordinance, the Labor Coalition has not notified the County in writing
that a one percent (1%) wage increase shall be implemented by the
County effective October 1, 1997, without interest, in lieu of
implementation of the Tier III Retirement Plan.
G. The establishment of the Tier III Retirement Plan pursuant to the terms of this
Memorandum of Understanding shall be subject to approval by the Board of
Retirement of the Contra Costa County Employees’ Retirement Association.
H. In the event the County is prevented from implementing the Tier III Retirement
Plan for any reason on or before the termination date of this MOU, the
agreement of the parties regarding a Tier III Retirement Plan shall expire and a
one percent (1%) lump sum wage increase shall be implemented by the County
within sixty (60) days after the determination that Tier III cannot be implemented
or as soon thereafter as practicable for the period covering October 1, 1997
through such termination date, without interest, in lieu of the Tier III Retirement
Plan.
Effective January 1, 2005, Tier II of the retirement plan for employees
represented by the California Nurses Association shall be eliminated and all
employees in Tier II of the retirement plan shall be placed in Tier III.
I. Effective January 1, 2005, employees in classifications in the Registered Nurses
Unit who are in Tier II with ten (10) or more years of County/District service will
be eligible to participate in the County’s buy-back program. Employees may
replace Tier II benefits with Tier III benefits as follows:
1. Employee buys back two (2) years, County will buy back one (1) year for a
total of three (3) years of buyback.
2. Employee buys back four (4) years, County will buy back two (2) years for
a total of six (6) years of buyback.
3. Employee buys back six (6) years, County will buy back three (3) years for
a total of nine (9) years of buyback.
J. The Buy Back program set forth in Section 29.3 (Tier III) subsection I, which
makes certain employees eligible to replace Tier II service time with Tier III
service time on specified terms terminates on July 1, 2015. The Auditor-
Controller will continue to facilitate payroll deduction, if applicable.
SECTION 30 – TRAINING REIMBURSEMENT
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SECTION 30 – TRAINING REIMBURSEMENT
30.1 Career Development.
A. Employees who regularly work 24 or more hours per week. Costs for career
development training shall be reimbursed up to six hundred fifty dollars ($650.00)
per calendar year for employees who regularly work twenty-four (24) or more
hours per week.
All career development reimbursement may be used for professional career
development with an emphasis in the following areas:
1. University or college credit coursework required of an accredited nursing
curriculum;
2. Nursing/Medical textbooks, journals and on-line texts and journals that are
directly related to the job;
3. Attainment or renewal of national certification in specialty of nursing
including review course tuition and materials;
4. Attendance at educational meetings in areas of specialty of nursing or
medicine;
5. To offset costs required to meet minimum qualifications for a new
specialty area of work within the first six (6) months of transition.
Up to three hundred fifty dollars ($350.00) per calendar year may be applied to
educational courses not necessarily in the employee’s current career
development path or job-related software with the approval of the
Manager/Division Head.
At year end, any unused reimbursement may be carried over into the next
calendar year; however, the maximum reimbursement in any calendar year may
not exceed seven hundred dollars ($700.00).
B. Employees who regularly work less than twenty-four (24) hours per week.
Costs for career development training shall be reimbursed up to two hundred
dollars ($200.00) per calendar year for employees who regularly work less than
twenty-four (24) hours per week.
All career development reimbursement may be used for professional career
development with an emphasis in the areas listed in 30.1(A)(1) through
30.1(A)(5) above.
Up to one hundred twenty-five dollars ($125.00) per calendar year may be
applied to educational courses not necessarily in the employee’s current career
SECTION 30 – TRAINING REIMBURSEMENT
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development path or job-related software with the approval of the
Manager/Division Head.
At year end, any unused reimbursement may be carried over into the next
calendar year; however, the maximum reimbursement in any calendar year may
not exceed two hundred fifty dollars ($250.00).
Nurse Practitioner.
Employees in the classification of Nurse Practitioner (VWSB) may use the entire career
development training reimbursement for which they are eligible for the purchase of job-
related computer hardware/software.
Reimbursement for and use of career development training costs shall be subject to
department approval and proof of successful course completion and payment.
30.2 Advanced Cardiac Life Support Certification. All employees working in the
following assignments must possess and maintain throughout the duration of
employment a current Advanced Cardiac Life Support certification (ACLS) issued by the
American Heart Association:
Critical Care and Intermediate Care Unit
Emergency Department
Labor and Delivery Unit
Telemetry Unit
Medical Unit
Surgical Unit
Gastroenterology Unit
Perianesthesia Unit
Postpartum Unit
All employees working in any of the assignments listed above must possess and
maintain a current ACLS certification on or before September 30, 2021 or they will be
removed from the schedule, will be placed in Absent Without Pay (AWOP) status, and
will not be permitted to work until current ACLS certification has been obtained and
verified by the County.
Employees who fail to obtain the ACLS certification and are placed in AWOP status
may be subject to discipline, up to and including termination, for no longer meeting the
minimum qualifications of their assignment.
The Health Services Department will provide ACLS certification and re-certification
classes to those employees who are required to be certified at a cost of no more than
twenty-five dollars ($25.00) to the employee.
30.3 Required Certifications and Licenses. All employees must possess and
maintain throughout the duration of employment any certification or license required by
the County Classification Specification for an employee’s classification and assignment.
The only acceptable verification of license status is the Board of Registered Nursing
SECTION 31 – EDUCATION LEAVE
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website.
Any employee who does not possess or maintain a current and valid license or
certification will be removed from the schedule, will be placed in Absent Without Pay
(AWOP) status, and will not be permitted to work until compliance has been obtained
and verified by the County.
Employees who fail to obtain, possess, and maintain a current and valid license or
certification, and are placed in AWOP status, may be subject to discipline, up to and
including termination, for no longer meeting the minimum qualifications of their
assignment.
SECTION 31 – EDUCATION LEAVE
A. Each permanent full-time employee in the classification of Registered Nurse –
Beginning (VWXC), Registered Nurse (VWXG), Advice Nurse (VWSN), Charge
Nurse (VWTF), Clinical Nurse Specialist (VWTA), Public Health Nurse (VVXA),
Public Health Nurse – Project (VVX1) and Health Services Education and
Training Specialist (VWSM) with one (1) or more years of permanent service
shall be entitled to forty (40) hours leave with pay each calendar year to attend
Board of Registered Nurses approved continuing education courses, workshops,
or classes. Employees in these classifications may carryover a maximum of
eighty (80) hours of education leave per calendar year. Employees working eight
(8), ten (10), and twelve (12) hour shifts can use education leave based on the
actual number of hours submitted and completed.
Permission for educational leave will not be unreasonably denied. Approved
education leave requests may only be rescinded in instances where approval
would negatively impact patient care, as determined by management.
B. Nurse Practitioners. Employees in the classification of Nurse Practitioner
(VWSB) with one (1) or more years of permanent County service shall be entitled
to sixty-four (64) hours leave with pay each calendar year to attend BRN or CME
approved continuing education courses, institutions, workshops or classes.
Employees in this classification may carryover eighty (80) hours of education
leave per calendar year, and may also carryover additional education leave
subject to approval.
A Nurse Practitioner employee who attends an approved course on a date for
which he/she is not regularly scheduled to work or who completes an approved
home study course will be granted exchange time off or paid straight time for the
equivalent number of hours at his/her hourly base rate. The employee must
indicate his/her preference for time off or pay in advance of taking the course.
The final determination will be at the discretion of the Nursing or Medical
Director. If the employee is granted exchange time off in lieu of pay, the dates
for time off will be scheduled in the same manner as vacation leave, and the
SECTION 32 – CLASSIFICATION
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exchange time off must be used in the same calendar year as the course(s)
taken.
C. Permanent Part-Time Employees. Permanent part-time employees in the
classification of Registered Nurse – Beginning (VWXC), Registered Nurse
(VWXG), Advice Nurse (VWSN), Charge Nurse (VWTF), Clinical Nurse
Specialist (VWTA), and Health Services Education and Training Specialist
(VWSM) shall be entitled to educational leave on a prorated basis.
D. Written requests for such leave by all eligible classifications must be submitted in
advance and may be denied only in the event such leave interferes with staffing
or operational needs of the unit or the work site.
E. The leave herein above defined shall not apply to those courses or programs the
employee is required by the County to attend. Mandatory class hours include, but
are not limited to non-violence training, PALS, NRP, BLS, ACLS, and
harassment prevention. These required courses will be taken at CCRMC.
An eligible employee assigned to the night shift, who attends a continuing
education course of eight (8) hours duration outside scheduled work time, may
receive educational leave pay for the actual course time and may be excused
from the night shift immediately preceding or following the course attended.
An employee who attends a pre-approved course on a date for which he/she is
not regularly scheduled to work or who completes a pre-approved home study
course, will be granted CE time off for the number of hours equivalent to the CE
units earned. Only Board of Registered Nurses and Continuing Medical
Education approved courses will be approved. Such time off must be scheduled
in advance by mutual agreement between the employee and the supervisor.
When an employee covered by this agreement separates from County service,
any unused educational leave shall be canceled.
SECTION 32 – CLASSIFICATION
Existing classes of positions may be abolished or changed and new classes may be
added to the classification plan by the Director of Human Resources subject to approval
by the Board of Supervisors. The County will meet and confer with the Association on
the minimum qualifications and salary of new classes. If the County wishes to add
duties to classes represented by the Association, the Association shall be notified and
upon request of the Association, representatives of the County will meet and consult
with the Association over such duties.
SECTION 34 – MILEAGE & TRANSPORTATION
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SECTION 33 – SAFETY
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient operations.
To further this goal, the Contra Costa Regional Medical Center (CCRMC) commits to
maintaining Patient Care Assistance Teams (Lift Teams) and utilizing a nurse assigned
to transport duties. The transport nurse will be provided seven (7) days a week, eight (8)
hours a day.
SECTION 34 – MILEAGE & TRANSPORTATION
34.1 Reimbursement for Use of Personal Vehicle. The mileage allowance for use of
personal vehicles on County business shall be paid according to the rates allowed by
the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the
date it becomes effective or the first of the month following announcement of the
changed rate by the Internal Revenue Service, whichever is later. Procedures and
definitions relative to the mileage reimbursement will be in accordance with the
Administrative Bulletin #204.
34.2 Commuter Benefit Program. The County will offer employees the option of
enrolling in an employee-funded qualified transportation (commuter) benefit program
designed to qualify for tax savings under Section 132(f) of Title 26 of the Internal
Revenue Code, but such savings are not guaranteed. The Commuter Benefit Program
will allow employees to set aside pre-tax dollars for qualified transportation expenses to
the extent and amount allowed by the Internal Revenue Service.
SECTION 35 – DEFERRED COMPENSATION
35.1 Deferred Compensation Plan – Special Benefit Only for Public Health
Nurses Hired After January 1, 2010. Commencing April 1, 2010 and for the duration of
the 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 in the Public Health Nurse
Unit 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
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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
provision for a period of one (1) month or more will no longer be eligible to receive the
County contribution. To re-establish eligibility, employees must resume deferring the
amount required by this provision.
No amount deferred by the employee or contributed by the County in accordance with
this provision will count towards the “Base Contribution Amount” or the “Monthly Base
Contribution Amount for Maintaining Program Eligibility” required for the County’s
Deferred Compensation Incentive in any other provision of this Agreement. No amount
deferred by the employee or contributed by the County in accordance with any other
provision in this Agreement will count toward the minimum required deferral required by
this provision. The County’s contribution amount in accordance with this provision will
be in addition to the County contribution amount for which the employee may be eligible
in accordance with any other provision in this contract.
Both the employee deferral and the County contribution to the Contra Costa County
Deferred Compensation Plan under this provision, as well as any amounts deferred or
contributed to the Contra Costa County Deferred Compensation Plan in accordance
with any other provision of this contract, will be added together for the 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.
35.2 Deferred Compensation Plan – Loan Provision. On June 26, 2012, the Board
of Supervisors adopted Resolution 2012/298 approving the California Nurses’
Association to participate in the Deferred Compensation Plan Loan Program effective
June 26, 2012. The following is a summary of the provisions of the loan program:
1. The minimum amount of the loan is $1,000
2. The maximum amount of the loan is the lesser of 50% of the employee’s
balance or $50,000, or as otherwise provided by law.
3. The maximum amortization period of the loan is five (5) years.
4. The loan interest is fixed at the time the loan is originated and for the
duration of the loan. The loan interest rate is the prime rate plus one
percent (1%).
SECTION 36 – DETENTION FACILITY DIFFERENTIAL
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5. There is no prepayment penalty if an employee pays the balance of the
loan plus any accrued interest before the original amortization period for
the loan.
6. The terms of the loan may not be modified after the employee enters into
the loan agreement, except as provided by law.
7. An employee may have only one loan at a time.
8. Payment for the loan is made by monthly payroll deduction.
9. An employee with a loan who is not in paid status (e.g. unpaid leave of
absence) may make his/her monthly payments directly to the Plan
Administrator by some means other than payroll deduction each month
the employee is in an unpaid status (e.g. by a personal check or money
order).
10. The Loan Administrator (MassMutual Life Insurance Company or its
successor) charges a one-time $50 loan initiation fee. This fee is
deducted from the employee’s Deferred Compensation account.
11. The County charges a one-time $25 loan initiation fee and a monthly
maintenance fee of $1.50. These fees are paid by payroll deduction.
The County’s website provides employees with the following information:
a. Deferred Compensation Loan Provision
b. FAQ’s for the Loan Provision including loan status upon termination
of employment and the consequences of defaulting on a loan
c. Pros and Cons of borrowing from the Deferred Compensation Plan
d. Loan Application and Agreement
SECTION 36 – DETENTION FACILITY DIFFERENTIAL
Employees who work in the County Detention Facility (including Marsh Creek, West
County, Byron’s Boy’s Ranch, the Martinez Detention Facility and Juvenile Hall) shall
receive a differential per hour worked at a premium of five percent (5%) of the hourly
equivalent of the base rate. Effective the first of the month following the month in which
this MOU is adopted by the Board of Supervisors, a five percent (5%) detention
differential will be added to the current five percent (5%) detention differential, for a total
of a ten percent (10%) detention differential.
SECTION 38 – PROFESSIONAL PERFORMANCE AND OTHER
COMMITTEES
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SECTION 37 – JOINT ASSOCIATION/MANAGEMENT MEETING
A. There shall be a Joint Association-Management Meeting every other month
unless mutually waived or unless mutually agreed to meet more frequently.
Release time or appropriate overtime or paid straight time will be provided for
three (3) Association representatives: the Chief Nurse Representative, the
Outpatient Nurse Representative and the NP Nurse Representative, or their
designees. Management may also have three (3) representatives: the Director
of Hospital Nursing, the Director of Ambulatory Care Nursing and the Health
Services Department Personnel Officer, or their designees. Both parties may
agenda items in advance of the meeting and management shall provide
reasonable information which is not confidential nor legally protected with a
minimum of two (2) weeks advance notice. Other people may be invited to
attend such meetings if mutually agreed upon in advance. Among issues for
discussion shall be items related to communication and trust.
B. Upon request of the Association, the County agrees to schedule meetings similar
in concept for the Public Health Division.
SECTION 38 – PROFESSIONAL PERFORMANCE AND OTHER COMMITTEES
38.1 Professional Performance Committees. There shall be a single Health
Services Registered Nurse Professional Performance Committee (PPC) which shall
consist of two (2) subcommittees: one (1) for inpatient Registered Nurses and one (1)
for outpatient Registered Nurses.
A. Inpatient Subcommittee: The Inpatient Subcommittee shall be composed of
Registered Nurses from various shifts with no more than six (6) Registered
Nurses, one (1) from each of the following units: Labor & Delivery/Nursery/Post-
Partum, Medical/Surgical/Telemetry, Inpatient Psychiatric Unit/Psychiatrist
Emergency Services, Emergency Department, Critical Care Unit/Intermediate
Care Unit, and the Operating Room/Post Anesthesia Care Unit/Gastrointestinal
Unit.
B. Outpatient Subcommittee: The Outpatient Subcommittee shall be composed of
no more than six (6) Registered Nurses from both day and PM shifts with one (1)
from each of the following clinics: Concord, Brentwood/Antioch, Pittsburg/Bay
Point, West County/North Richmond, Martinez/Miller Wellness, and Detention.
The PPC may schedule one (1) regular meeting each month, not to exceed eight (8)
hours, during working hours, provided that such meetings shall be scheduled to conflict
as little as possible with the clinic schedule, be operationally feasible, not impact patient
safety, and shall be mutually agreeable to the County. The PPC subcommittee(s) may
meet separately or jointly during the monthly PPC meeting if particular issues or
subjects call for separate or joint inpatient and outpatient consideration.
SECTION 38 – PROFESSIONAL PERFORMANCE AND OTHER
COMMITTEES
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The Committee(s) may consider and discuss issues and subject matters of their own
selection which are related to patient care and nursing practice. The Committee(s) may
also formulate advisory recommendations and proposals concerning such matters. The
Committee(s) shall not discuss economic matters, such as wages, hours and other
economic conditions which may be subject to meet and confer.
Contra Costa County and California Nurses Association agree that it is in the best
interest of the patients, employees and management to foster mature and cooperative
labor-management relations. To that end, the parties agree to supplement Section 38 –
Professional Performance and Other Committees with the following:
A. The Committee may meet more often with agreement of Chief Nursing Officer.
B. The Chair will meet with the Chief Nursing Officer prior to the quarterly meeting
to set the agenda.
C. The Committee can request attendance of the Chief Nursing Officer at any of the
monthly meetings.
D. Whenever the committee makes a written recommendation to the respective
Director of Nursing and the Chief Nursing Officer, he/she will respond in writing to
the committee within thirty (30) calendar days unless the Association and the
County mutually agree that the time may be extended.
OBJECTIVES: The objectives of the Professional Performance Committee shall be:
Nurse Practice:
A. To work constructively for the improvement of patient care and nursing practice
and to recommend to the Health Services Department the ways and means to
improve patient care.
B. The County agrees that Registered Nurses should not participate in job-related
activities that they do not feel competent practicing and should discuss these
concerns with their respective manager. If this dialogue does not end in a
satisfactory conclusion, these concerns should be taken to the Professional
Performance Committee.
C. Assignment Despite Objection (ADO) Process.
1. The PPC will be provided a copy of the draft ADO response form in order
to submit any suggested additions/changes to the Chief Nursing Officer
(CNO) or designee.
2. The department manager or designee will respond to an employee within
fourteen (14) days of filing an ADO.
SECTION 38 – PROFESSIONAL PERFORMANCE AND OTHER
COMMITTEES
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3. A copy of the response shall be provided to the PPC chair and CNO
and/or designee.
Safety and Health: To consider constructively workplace violence prevention, the
improvement of safety and health conditions that may be hazardous and provide input
for correction/elimination of those conditions to the Health Services Department Safety
Committee.
Appropriate Staffing Levels: To review staffing, census and acuity levels and make
recommendations regarding appropriate staffing levels that comply with state law.
38.2 Committee Minutes. The Committee(s) shall maintain written minutes, shall
provide copies to the Director of Hospital Nursing Services and Director of Ambulatory
Care Nursing, and shall maintain copies in various locations for perusal by Registered
Nurses.
38.3 Recommendations. Employees who are not employed at the Health Services
Department may submit verbal or written advisory recommendations and proposals for
improving patient care to a designated representative of the Department Head, and
timely response will be provided.
38.4 PPC Nurse Practitioners. There shall be a separate Professional Performance
Committee for the Nurse Practitioners. The Committee may consider and discuss
issues and subject matters of their own selection which are related to patient care and
nursing practice. The Committee may also formulate advisory recommendations and
proposals concerning such matters. The Committee shall not discuss economic
matters, such as wages, hours and other economic conditions which may be subject to
meet and confer.
The Committee may schedule one (1) regular meeting each month during working
hours which shall be scheduled to conflict as little as possible with clinic schedules or
operational needs. The County will release from duty no more than three (3) Nurse
Practitioners for a period not to exceed eight (8) hours, excluding travel time, for
attendance at such a meeting.
The Committee shall maintain written minutes and shall provide copies to the
designated supervisor(s) of the Nurse Practitioners in the Hospital and Clinic and Public
Health Divisions and shall maintain copies in various locations for perusal by the Nurse
Practitioners.
38.5 Quarterly Meetings with Health Services Department Managers. The Chief
Nursing Officer, Director of Hospital Nursing Services, Director of Ambulatory Care
Nursing and other managers from the Health Services Department designated by the
Contra Costa Regional Medical Center (CCRMC) Executive Director shall meet
quarterly.
SECTION 38 – PROFESSIONAL PERFORMANCE AND OTHER
COMMITTEES
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38.6 Agenda Items for Quarterly Meeting with the Health Services Department.
A. Agendas will be established and distributed two (2) weeks in advance of the
meetings.
B. Subject matters appropriate for agenda items shall include objectives listed
above as well as the following: Funding/budgets and organizational updates,
anticipated operational changes, communication, educational development of
staff, input to technology development.
C. Items that are not appropriate for agenda items for quarterly meetings are
grievances, disciplinary actions or matters subject to collective bargaining.
38.7 Recommendations for Action.
A. Joint recommendations of the PPC and staff may be referred from the Quarterly
meetings to the Contra Costa Regional Medical Center (CCRMC) Executive
Director for consideration.
B. Two (2) Association committee members and two (2) management
representatives shall meet with the Contra Costa Regional Medical Center
(CCRMC) Executive Director to discuss said recommendations.
38.8 Public Health Nurse Professional Performance Committee (PPC).
The Committee may consider and discuss issues and subject matters which are related
to patient care and nursing practice. The Committee may also formulate advisory
recommendations concerning such matters. The Committee shall not discuss economic
matters such as wages, hours, and other economic conditions which may be subject to
meet and confer.
The Committee members need to have passed probation and have no counseling or
disciplinary memos within the prior two (2) years of the anticipated selection to be a
Committee member. Committee members shall serve a term of two (2) years.
The Committee may schedule one (1) regular meeting each month during working
hours. The County will release from duty no more than four (4) Public Health Nurses.
One (1) from each unit and with units of 50+ PHNs there will be one (1) additional PHN
for such a meeting. Each regular meeting will be scheduled for eight (8) hours each
month, the first hour shall consist of the regular PPC agenda, and the last hour shall be
designated as time to meet with the Public Health Chief Nursing Officer (PHCNO) or
designee to address and resolve outstanding issues. PPC members shall receive travel
time to attend.
A. The Committee may meet more often with agreement of the PHCNO.
SECTION 38 – PROFESSIONAL PERFORMANCE AND OTHER
COMMITTEES
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B. The Committee can request attendance of the PHCNO at any of the monthly
meetings.
C. Whenever the Committee makes a written recommendation to the respective
PHCNO he/she will respond in writing to the Committee within sixty (60) calendar
days unless the Association and the County mutually agree that the time may be
extended.
D. If a Committee meeting is scheduled on a PHN’s regularly scheduled day off the
PHN is not entitled to be paid for attending the meeting.
OBJECTIVES: The objectives of the Professional Performance Committee (PPC) shall
be:
Nurse Practice: To work collaboratively for the improvement of patient care and nursing
practice and to recommend to the Health Services Department the ways and means to
improve patient care.
Safety and Health: To consider collaboratively the improvement of safety and health
conditions that may be hazardous and provide input for correction/elimination of
those conditions to the PHCNO or designee.
38.9 Professional Performance Committee (PPC) Minutes. The Committee shall
maintain written minutes, and shall provide copies to the PHCNO.
38.10 Professional Performance Committee (PPC) Agenda Items for Quarterly
Meetings with the Public Health Chief Nursing Officer. The Public Health Chief
Nursing Officer (PHCNO) and other Health Service Department Administrators and
managers may meet with the PPC quarterly.
A. Agendas will be established and distributed one (1) week in advance of
the meetings by the PPC.
B. Subject matters appropriate for agenda items shall include objectives
listed above as well as the following: organizational updates,
communication, educational development of staff, input to technology
development.
C. Items that are not appropriate for agenda items for quarterly meetings are
grievances, disciplinary actions, or matters subject to collective bargaining.
38.11 Professional Performance Committee (PPC) Schedule.
A. The Professional Performance Committees will provide the Department with an
annual schedule of all PPC meetings by January 2nd of each year.
SECTION 39 – NOTICE OF HIRES AND SEPARATIONS
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B. A nurse who is a member of the PPC will be paid up to eight (8) hours of straight
time pay for attendance at a PPC meeting and will be scheduled for an exchange
shift off during the same work week as the PPC meeting, to the extent
operationally feasible, and subject to the following:
i. Nurses who work shifts other than day shifts may choose to use non-sick
leave accruals immediately before or immediately after the PPC meeting
in order to receive pay for the equivalent of a full shift on the PPC meeting
day or may choose to work the balance of their shift that exceeds eight (8)
hours on a PPC meeting day. Nurses who choose not to use accruals will
receive the balance time off without pay. For example, a nurse who works
10-hour shifts and attends a PPC meeting for 8 hours, may choose to use
vacation accruals for the 2 hours before or after the PPC meeting to be
paid the equivalent of a 10-hour shift on the day of the PPC meeting, or
may choose to be off without pay for the 2 hours before or after the PPC
meeting.
ii. If a PPC meeting falls during a nurse’s scheduled non-work time, the
nurse will be scheduled for an exchange shift off, up to eight (8) hours,
during the same workday or workweek as the PPC meeting to the extent
operationally feasible. The nurse may choose to use non-sick leave
accruals for the balance of the shift off that exceeds eight (8) hours.
38.12 Infection Control Committee.
The County will release from duty up to one (1) PPC committee member to attend each
divisional infection control committee meeting, if operationally feasible and does not
impact patient safety.
SECTION 39 – NOTICE OF HIRES AND SEPARATIONS
The County agrees to provide to California Nurses Association, to the extent the
information is provided to the County by the employee:
A. New hire information as required by State law, including the first and last name,
classification, department, original date of hire, home address, work location,
work, home, and personal cell phone number, and personal email address of
employees in classifications represented by California Nurses Association.
B. Separation information, including but not limited to termination, retirement, and
voluntary separation, for employees in classifications represented by California
Nurses Association.
The County will send this information electronically, in one or more reports, once per
month.
SECTION 41 – PERSONNEL FILES
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SECTION 40 – WORKPLACE VIOLENCE PREVENTION AND SAFETY
The County and the Association agree that creating a workplace that is free from
violence and promotes the safety of nurses and patients is a shared priority.
Workplace Violence training shall be made available in person or on-line at no cost to all
members of this bargaining unit, and is required at least annually in accordance with the
California Occupational Safety and Health Administration Workplace Violence
Prevention in Healthcare regulation (8 CCR § 3342).
SECTION 41 – PERSONNEL FILES
An employee and/or the employee’s Union representative shall have the right to inspect
and review the employee's departmental personnel file upon request at reasonable
times and for reasonable periods during the regular business hours of 8:00 a.m. to 5:00
p.m. Documentation in the personnel file relating to the investigation of a possible
criminal offense, and such information or letters of reference shall be specifically
excluded from such inspection and review. The employee’s Union representative, with
written authorization by the employee, shall also have the right to inspect and review
any official records(s) described above.
Counseling memos will be removed from all files after two (2) years.
SECTION 42 – REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
A. When the employee is required by the Department Head to attend a meeting
concerning County business or County affairs.
B. When the employee is required to be out of the regular or normal work area
during a meal hour because of a particular work assignment.
C. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, and speakers
or honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or more hours of overtime; in
this case the employee may be reimbursed in accordance with the Administrative
Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from
the facility in the case of employees at twenty-four (24) hour institutions.
SECTION 43 – COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
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Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 43 – COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
A. The loss or damage must result from an event which is not normally encountered
or anticipated on the job and which is not subject to the control of the employee.
B. Ordinary wear and tear of personal property used on the job is not compensated.
C. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of duty.
E. The loss or damage was not a result of negligence or lack of proper care by the
employee.
F. The personal property was necessarily worn or carried by the employee in order
to adequately fulfill the duties and requirements of the job.
G. The loss or damage to employees' eyeglasses, dentures or other prosthetic
devices did not occur simultaneously with a job-connected injury covered by
Workers' Compensation.
H. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be limited to
the actual value of the item at the time of loss or damage but not more than the
original cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
SECTION 44 – 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 45 – UNFAIR LABOR PRACTICE
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The following procedures shall apply with respect to service awards:
A. Presentation Before the Board of Supervisors. An employee with twenty (20) or
more years of service may go before the Board of Supervisors to receive his/her
Service Award. When requested by a department, the Human Resources
Department will make arrangements for the presentation ceremony before the
Board of Supervisors and notify the department as to the time and date of the
Board meeting.
B. Service Award Day Off. Employees with fifteen (15) or more years of service are
entitled to take a day off with pay at each five (5) years anniversary.
SECTION 45 – UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Board of Supervisors’ Resolution No. 81/1165 against the other. Allegations of an
unfair labor practice, if not resolved in discussions between the parties within thirty (30)
workdays from the date of receipt, may be heard and decided by a mutually agreed
upon impartial third party.
SECTION 46 – LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary, and
permanent status, and absences on approved leave of absence). When an employee
separates from a permanent position in good standing and within two (2) years is
reemployed in a permanent County position, or is reemployed in a permanent County
position from a layoff list within the period of layoff eligibility, service credits shall include
all credits accumulated at time of separation, but shall not include the period of
separation. The Director of Human Resources shall determine these matters based on
the employee status records in his/her department.
SECTION 47 – PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at the same rate as for
full-time employees providing they work at least forty percent (40%) of full time (i.e.,
16/40). If the employee works at least fifty percent (50%) of full time, County retirement
participation is also included.
SECTION 49 – STAFF NURSE UNIT/PER DIEM EMPLOYEES
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SECTION 48 – PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
A. Permanent-intermittent employees are eligible for prorated vacation and sick
leave benefits based upon regular hours worked in the pay period.
B. Permanent-Intermittent employees may be eligible for certain special types of
pays and benefits in addition to wages under specifically defined circumstances.
A list of those special pays and benefits that are applicable to permanent-
intermittent employees is included as Attachment H. If a special pay or benefit
that is described in this MOU does not specifically reference permanent-
intermittent employees or the special pay or benefit is not included in Attachment
H, then the special pay or benefit does not apply to permanent-intermittent
employees.
C. Health Benefit Coverage for Permanent Intermittent Employees. To access
County health coverage, permanent intermittent employees represented by the
Association must be eligible to receive an offer of coverage from the County
under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C.
§ 18081). Employees eligible to receive an offer of coverage (and qualified
dependents), will be offered access to the County’s lowest cost, single individual
health insurance plan that is available to the majority of County employees.
Employees will be responsible for the full premium cost of coverage. This
provision is not subject to the grievance process.
SECTION 49 – STAFF NURSE UNIT/PER DIEM EMPLOYEES
Per Diem employees may be eligible for certain special types of pays, benefits, and
other items in addition to wages under specifically defined circumstances. A list of
those special pays, benefits, and other items that are applicable to per diem employees
is included as Attachment I. If a special pay, benefit, or other item that is described in
this MOU does not specifically reference per diem employees or the special pay,
benefit, or other items is not included in Attachment I, then the special pay, benefit, or
other item does not apply to per diem employees.
A. Health Benefit Coverage for Per Diem Employees. To access County health
coverage, per diem employees represented by the Association must be eligible
to receive an offer of coverage from the County under the federal Patient
Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees
eligible to receive an offer of coverage (and qualified dependents), will be offered
access to the County’s lowest cost, single individual health insurance plan that is
available to the majority of County employees. Employees will be responsible for
the full premium cost of coverage. This provision is not subject to the grievance
process.
B. Family and Medical Leaves. Eligibility of employees in per diem classifications
for family or medical leaves under state or federal laws, such as the Family
SECTION 49 – STAFF NURSE UNIT/PER DIEM EMPLOYEES
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Medical Leave Act, California Family Rights Act, and Pregnancy Disability Leave
Act, will be determined and administered in accordance with applicable state
and/or federal laws.
C. Meal Period/Rest Break.
1. Employees shall be entitled to a rest break of up to 15 minutes for each
four (4) hours of work. Nurses shall coordinate rest breaks with the
Nursing Program Manager, or designee, in accordance with patient care
needs.
2. During each shift of eight (8) hours or more, employees shall be
scheduled for an unpaid meal period of at least thirty (30) minutes.
3. Employees who work in Juvenile Hall, Detention, or the CCHP Advice
Nurse Unit may be assigned a shift of eight (8) hours straight with a paid
on-site meal period when the employee is not permitted to leave the
facility.
4. Employees who work a ten (10) hour shift between the hours of 9:30 pm
to 9:00 am at the Contra Costa Regional Medical Center (CCRMC) may
be assigned a paid on-site meal period when the employee is not
permitted leave the facility.
D. No Discrimination. There shall be no discrimination as prohibited by law
because of age, sex, race, creed, color, national origin, religion, disability, sexual
orientation or Association activities against anyone employed by the County.
This provision is not subject to the Grievance Procedure.
E. Sick Leave. Per diem employee sick leave benefits are set forth in
Administrative Bulletin 411, Sick Leave Policy (Employees Not Subject to Labor
Code § 245 et. Seq.)
F. State Disability Insurance (SDI) General Provisions. Effective as soon as
possible, but no later than January 1, 2016, Contra Costa County will enroll
employees in the Per Diem Unit in the State Disability Insurance (SDI) program
subject to the rules and procedures established by the State of California.
Determination of SDI payments and eligibility to receive payments is at the sole
discretion of the State of California. SDI benefit payments will be sent directly to
the employee by the State of California.
G. Termination of Employment. Per diem employees serve at the pleasure of the
Appointing Authority and may be terminated by the Appointing Authority or
designee at any time. Termination of employment is not subject to the grievance
procedure and is not subject to appeal. However, a Per Diem employee who is
terminated may request a meeting with the Appointing Authority or designee and
may be accompanied by a Union Representative.
SECTION 50 – PROVISIONAL EMPLOYEE BENEFITS
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H. Workers’ Compensation Coverage for Per Diem Employees. Any Worker’s
Compensation coverage applicable to per diem nurses is determined by law.
This section is not subject to the grievance procedure.
I. Per Diem Nurses shall receive call-off notice as soon as possible after it is known
that their services are not needed, with a good faith effort to call-off prior to one
hour.
When Per Diem Nurses confirm that they are needed and arrive, but are not
needed on their unit, good faith effort will be made to have them work in another
area of need commensurate with their skills and competencies.
SECTION 50 – PROVISIONAL EMPLOYEE BENEFITS
Provisional Employees, who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave benefits.
A provisional employee may participate in the County Group Health Plans of medical,
dental and life insurance coverage wholly at the employee’s expense. The County will
not contribute to the employee’s monthly premium. The employee will be responsible for
paying the premium appropriately and punctually. Failure to meet the premium deadline
will mean automatic and immediate withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual open enrollment period.
SECTION 51 – LUNCH PERIOD / REST BREAK
Lunch Period
Hospital nurses scheduled to work a full eight (8) hour shift within a spread of eight and
one-half (8-1/2) hours shall receive not less than one-half (1/2) hour for lunch. If such
nurse is required to work during all or any portion of the lunch period, such time worked
shall be paid at the rate of time and one-half (1-1/2), provided the nurse actually works a
full shift.
Nurses with one-half (1/2) hour lunch at the hospital shall receive priority service over
non-employees in the hospital cafeteria.
Advice Nurses assigned to work the night shift Monday through Friday (10 p.m. – 6:00
a.m.) or Saturday and Sunday (10 p.m. – 6:30 a.m.) will be provided a one-half (1/2)
hour paid lunch to remain on-site for the duration of the shift. There is no change in shift
hours for nurses employed at Juvenile Hall or the Detention Facility and those shifts
designated in the Advice Nurse Unit; those remaining on a straight eight (8) hour shift
are always in paid status and on duty during lunch and shall remain on-sit for the entire
duration of the shift.
SECTION 52 – NURSE PRACTITIONERS (NP)
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Rest Break
Nurses who work eight (8) or ten (10) hour shifts are entitled to a fifteen (15) minute rest
break during each four (4) hour working period, and said rest break may be taken at any
time during the four (4) hour period. In no event shall there be more than two (2) rest
breaks during one shift.
Nurses scheduled to work twelve (12) hour shifts are entitled to a fifteen (15) minute
rest break during each four (4) hour working period, and said rest break may be taken at
any time during the four (4) hour period. In no event shall there be more than three (3)
rest breaks during one shift.
Nurses shall coordinate rest breaks with the Nursing Program Manager, or designee, in
accordance with patient care needs.
SECTION 52 – NURSE PRACTITIONERS (NP)
52.1 Nurse Practitioner Administrative Time.
A. All Nurse Practitioners (NPs) in the Hospital and Clinics Division will be granted
administrative time as part of the regular schedule. Administrative time will be
prorated for part-time NPs as follows:
Total Position
Hours/Week
Average Admin
Hours/Week
32-40 4
24-31 3
20-23 2
<20 0
In the Public Health Division, NP’s will be granted administrative time on a pro
rata basis and will be expected to continue to cover for NP absences as needed.
B. The regular schedule for each NP may include one (1), four (4) hour evening
clinic per week and one (1) weekend assignment every eight (8) weeks,
consisting of four (4) to eight (8) hours. NPs with twenty (20) years of service
shall not be required to work weekend shifts, but may volunteer to do so.
However, in the event there are insufficient NP staff to cover weekend
assignments, the provisions outlined above regarding one (1) weekend
assignments in eight (8) weeks may be temporarily waived.
In lieu of overtime and shift differential, any hours worked in Hospital and Clinic
Division assignments in excess of eight (8) hours per day or forty (40) hours per
week will be paid at the straight-time overtime rate (1.0). All evening and
weekend assignments in the Hospital and Clinics Division will be paid an
additional ten dollars ($10.00) per hour.
CNA - 98 - 2022 - 2025
NPs assigned to work on a holiday will not be paid the ten dollars ($10.00) per
hour evening/weekend differential, but instead receive time and one-half (1-1/2)
holiday pay.
52.2 Nurse Practitioner Meetings. An NP who attends a Medical Staff meeting
before 8:00 a.m. or after 5:00 p.m. on a day for which he/she is otherwise scheduled to
work, will be compensated at the appropriate rate of pay. The division head for mid-
level practitioners will be compensated for attending noon meetings of the Medical
Executive Committee. NP’s will be compensated for attendance at other noon meetings
only if attendance is mandated by the appointing authority or designee.
52.3 Nurse Practitioner Staff Development Time. Nurse Practitioners in the
Hospital, Health Centers Division and Detention Centers, who are regularly scheduled
to work sixteen (16) hours per week or more of Family Practice Clinics and/or Detention
Clinics shall be eligible for staff development time. The nature of the staff development
time shall be decided by the appropriate Department Head and could include such
responsibilities as specialty clinic assignments, or activities which contribute to patients’
health, system efficiency or quality care. Employees will be notified in writing of the
decisions regarding their proposals. Employees may apply to use such time by
submitting their proposal describing the goals and process of their work to the
appointing authority of designee for approval. Approval of the use of staff development
time shall be a specific period of time and may be discontinued at any time with a
written explanation, at the discretion of the appointing authority or designee.
Employees involved in such work shall be required to submit periodic reports as
determined by the appointing authority or designee.
Employees will accumulate four (4) hours per month of staff development time. Such
time can be used in blocks of four (4) hours per week not to exceed forty-eight (48)
hours per calendar year. Unused hours do not carry over into the next year. Those
employees who are scheduled to work less than full time may be assigned to these four
(4) hours per month over and above their regularly scheduled hours.
52.4 Nurse Practitioner Paid Personal Leave. In lieu of overtime and shift
differential, permanent full-time Nurse Practitioners with three (3) years of service in
classes covered by this MOU will be credited with five (5) days of paid personal leave.
Said leave will be prorated for permanent part-time employees but will not be credited
for permanent-intermittent (on-call) employees.
This leave must be used during the calendar year in which credited and may not be
carried forward. This paid personal leave is separate from paid vacation and will be
accounted for accordingly. Upon separation from County service, there shall be no pay
off for unused personal leave credits.
52.5 Policy for Nurse Practitioners. The following policy governs the approval of
vacation requests and the vacation coverage responsibilities of the Nurse Practitioners.
Vacation requests for Nurse Practitioners in the Hospital and Clinics Division which are
received in the Medical Staff office thirty-five (35) days in advance will be responded to
within ten (10) days of the receipt of the request and will be approved or denied based
SECTION 53 - PUBLIC HEALTH NURSES (PHN)
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on overall NP staffing considerations for the time requested. Vacation requests which
are received less than thirty-five (35) days in advance will also be considered, but
preference will be given to those requests submitted with more than thirty-five (35) days
advance notice.
SECTION 53 - PUBLIC HEALTH NURSES (PHN)
53.1 Lunch Break. Public Health Nurses may take either a half-hour (1/2) or one-
hour (1) lunch break, provided the operational needs of the department are met.
53.2 Involuntary Reassignment. If reassignments of less than eight (8) weeks
duration are needed to cover for vacation relief, sick leave, temporary shifts in workload,
training assignments or other short-term needs, management shall solicit volunteers. If
there are insufficient volunteers, assignments will be based on inverse seniority within
the affected program.
53.3 Expanded Roles.
DEFINITION
Expanded Roles - A special assignment which is an additional duty performed by
PHNs in the Perinatal, Pediatric, and Adult fields. Expanded Roles are more than twenty
(20) hours per week and shall be treated as positions that shall be filled as outlined in
Section 53.3 below and will have a written job assignment. The current Expanded Roles
at the time of this agreement are:
• Child Health and Disability Program (CHDP)/Lead program
• Crossroads High School PHN
53.4 Process for Filling Expanded Roles.
A. Management (the Public Health Nurse Program Manager) shall email all PHNs in
the Perinatal, Pediatric, and Adult fields notifying them of the available Expanded
Roles. Said email shall include a written description of the anticipated Expanded
Role tasks and expectations of the role.
B. PHNs shall notify management via email of their interest.
C. The timeline for responding and expressing interest in an Expanded Role shall
be five (5) business days from the date of the email.
D. PHNs, who can demonstrate they were not working during the entirety of the
notification and application process, shall be able to apply for up to five (5)
business days after the application deadline.
E. Management (the PHN Program Manager) shall interview all volunteers and may
select a candidate.
SECTION 55 – FLOATING
CNA - 100 - 2022 - 2025
F. If no PHN volunteers, a PHN who has completed their probationary period may
be assigned according to inverse seniority. The County may also choose to not
fill the Expanded Role.
G. If a PHN wishes to exit from an Expanded Role, the PHN will email the PHN
Program Manager supervising that Expanded Role. The parties agree that an
exit date shall not exceed sixty (60) calendar days.
SECTION 54 – HEALTH EXAMINATION
Employees of the County who work in a Health Services Department facility will
annually be required to complete a Health Questionnaire and take a Tuberculosis Skin
Test. In the event that an employee had a positive reaction to a tuberculosis skin test,
said employee will be requested to show proof of having had two (2) negative chest x-
rays at least one (1) year apart.
Employees will also be requested to be screened for Rubella immunity. If the result of
the Rubella test is negative, the appointing authority or designee will recommend that
the employee become immunized. If the employee has direct patient contact and
refuses to become immunized, an attempt will be made to relocate the employee to a
non-patient care area if possible.
SECTION 55 – FLOATING
Floating of RNs shall be subject to patient care considerations and staffing needs, and
shall be in compliance with the current in-patient floating policy (Attachment N).
Nursing administration reserves the right to amend the policy to meet operational
needs. Additionally, nursing administration agrees to seek input on changes in said
policy from the Professional Performance Committee (PPC).
Any alleged violations to the float policy will be taken to the chair of the PPC; the
committee chair will request a meeting with the Chief Nursing Officer to review and
resolve the above. If there is no resolution at this step, the PPC chair may request
initiation of the Nursing Review Panel as per Section 60 – Safe Staffing of the
Memorandum of Understanding.
SECTION 56 – LEAVE DENIALS
Any properly submitted request for educational leave, vacation leave, or other leave of
absence covered by this MOU shall normally not be denied without written explanation.
SECTION 59 – SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISION
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SECTION 57 – CODE GREY
A ten percent (10%) base salary differential shall be paid for those shifts on which
employees in classifications represented by CNA are specifically assigned by the
administration to respond to emergency Code Grey calls.
Assignment to the Code Grey team is conditional on an employee having successfully
completed required non-violence training and maintaining required certification.
Assignment to the Code Grey team will first be based on volunteers. If there is not an
adequate number of volunteers, assignment to the team will be made by management,
with no more than one (1) RN per hospital unit being assigned at any given time. It is
further understood that the above-referenced salary differential is based on an
employee actually being assigned to Code Grey call.
SECTION 58 – ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and Ordinances, where necessary,
shall be prepared and adopted in order to implement these provisions. It is understood
that where it is determined that an Ordinance is required to implement any of the
foregoing provisions, said provisions shall become effective upon the first day of the
month following thirty (30) days after such Ordinance is adopted.
SECTION 59 – SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
59.1 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 to the terms of this MOU, provided that nothing herein shall prohibit the
parties from changing the terms of this MOU by mutual agreement. Any past side letters
or any other agreements, excluding settlement agreements, that are not incorporated
into or attached to this MOU are deemed expired upon approval of this MOU by the
Board of Supervisors.
59.2 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.
59.3 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 (PMR’s), the provision of this MOU shall prevail.
Those provisions of the Personnel Management Regulations within the scope of
SECTION 59 – SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISION
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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 and as such remain in full force and effect.
SECTION 60 – SAFE STAFFING
Contra Costa Regional Medical Center acknowledges and complies with state
legislation Safe Staffing (AB394). Contra Costa Regional Medical Center and California
Nurses Association agree to work cooperatively to ensure the highest quality of patient
care and optimal outcomes. Staff will be actively involved through the Professional
Practice Committee, in development of core staffing processes as well as skill mix for
patient care areas. In addition, any concerns regarding staffing issues will be
addressed through the New Technology and Staffing Ratio Dispute Resolution process.
To further improve the level and safety of care provided to the patients at Contra Costa
Regional Medical Center (CCRMC) and to facilitate the safe and timely ability of nurses
to take their meal and rest breaks, management will assign nurses to provide break
relief at CCRMC. Such assignments will be made by management based on acuity
levels. During the time that nurses are providing break relief, they will only be assigned
the patients of the nurse(s) for whom they are relieving during the break or meal
periods.
For Nurse Practitioners working as primary care providers, Management will retain the
management-controlled right to schedule and fill a roster of eleven (11) patients in a
four-hour clinic. In addition, the roster shall include two (2) provider-controlled (PPO/Per
Provider Only) slots which can be booked by the provider or designee at the provider’s
discretion.
SECTION 61 – PATIENT CARE TECHNOLOGY REVIEW PROCEDURES
The Employer and the Union recognize that development and deployment of clinical
technologies should be used to improve quality outcomes, patient safety, and that when
used in the patient care setting:
A. Technology must be consistent with the provision of safe, therapeutic and
effective patient care, which promotes patient safety.
B. Deployment of technology shall not limit the Registered Nurses in the
performance of functions that are part of the Nursing Process, including full
exercise of clinical judgment in assessment, evaluation, planning and
implementation of care, nor from acting as patient advocate.
C. Technology is intended to enhance, not degrade, nursing skills.
D. The manner in which technology is used shall support patient confidentiality.
SECTION 62 – CONSCIOUS SEDATION
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E. Technology is intended to provide information and options for clinical decision-
making. Clinicians will maintain accountability for actual clinical decision-making,
including incorporating individualized patient needs, complications, comorbidities,
as appropriate.
F. For technology selected after the date of this agreement, the Hospital will provide
opportunities for Staff Nurses to provide input regarding new technology affecting
the delivery of direct patient care.
This provision shall be subject to Section 63 - NEW TECHNOLOGY AND STAFFING
RATIO DISPUTE RESOLUTION.
SECTION 62 – CONSCIOUS SEDATION
As Conscious Sedation is a highly skilled, highly technical procedure, CCRMC is
committed to providing a safe environment for patients by requiring all nursing
personnel who perform this function to complete education and demonstrate
competency. Nurses on temporary assignment at CCRMC will be required to
demonstrate a level of competency equivalent to CCRMC employees before being
assigned to perform conscious sedation.
SECTION 63 – NEW TECHNOLOGY AND STAFFING RATIO DISPUTE RESOLUTION
The County and CNA agree that the process contained herein shall be the exclusive
means of resolving all disputes pertaining to new technology that impacts wages, hours,
and terms and conditions of employment, and chronic staffing ratio patterns appealed
by the Professional Practice Committee (PPC). The basic principles of staffing in the
acute care setting should be based on the patients’ care needs, the severity of
condition, services needed, and the complexity surrounding those services. Disputes
regarding the aforementioned will be handled as follows:
A. Nursing Review Panel (NRP). A Nursing Review Panel (NRP) shall be convened
within thirty (30) calendar days following written notification from the Professional
Practice Committee (PPC) that disputes regarding chronic staffing ratio or
principles of staffing as outlined above, or new technology that impacts wages,
hours, and terms and conditions of employment, has not been resolved through
the Professional Practice Committee.
1. The NRP shall be comprised of a chair appointed or assumed by the Chief
Nursing Officer (CNO), two (2) RNs selected by the County, and two (2)
RNs selected by the PPC with at least one taken from the affected work
area.
2. Bargaining unit members on the NRP shall receive paid straight time for
all time spent on the panel.
SECTION 64 - AMBULATORY CARE NURSES
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3. The Panel shall make staffing adjustment recommendations to the CNO,
based on compliance with state ratios. The CNO shall, within thirty (30)
days of receiving the Panel’s recommendations, provide his/her response
to the PPC.
4. In the event the CNO’s action does not resolve the matter, the PPC may
appeal the decision in writing to the CNO. Within thirty (30) calendar days
of receiving the appeal, the CNO shall convene a Special Review Panel in
accordance with the provisions of Section B., below.
B. Special Review Panel (SRP)
1. The SRP shall consist of three (3) members, one (1) RN selected by CNA,
one (1) RN selected by the CNO or his/her designee, and a third (3rd)
person selected by the other two (2) panel members to serve as a neutral
chairperson. The parties will make a good faith effort to select a
chairperson who is experienced in the healthcare industry and with
expertise in staffing in acute care hospitals. If they are unable to find such
a person, they shall select an arbitrator by mutual agreement to serve as
chairperson. Nothing shall preclude the CNA and County panel members
from bringing another individual to assist.
2. If the SRP is unable to achieve a resolution, the neutral third party may
resolve the difference and such decision shall be final and binding on the
parties.
3. Any resolution of the SRP, including any decision by the neutral third
party, must take into consideration work area staffing ratio standards, and
any other relevant information presented by the parties, and must be
consistent with state and federal legislation prescribing levels and ratios.
The SRP, including the neutral third party, shall have no jurisdiction to
fashion any remedy that imposes an obligation on any hospital that
exceeds, or is inconsistent with state or federal regulatory requirements or
legislation.
SECTION 64 - AMBULATORY CARE NURSES
Effective July 1, 2008, Experienced Level Registered Nurses in the Ambulatory Care
specialty are eligible for Advance Level pay code (VWXE). Minimum criteria as defined
by the Board of Registered Nursing.
The following Ambulatory Care Clinics are eligible for Advance Level Pay:
1) Dysplasia Clinic (DYSP)
2) Anti-Coagulation Clinic
3) INH Clinic
SECTION 65 – DURATION OF AGREEMENT
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4) Resource Nurse (RES)
5) Amniotic Fluid Index (AFI)
6) Non-Stress Testing (NST)
7) Hematology/Oncology Clinic (HEM/ONC)
8) Referral Coordination Unit
The parties agree to meet and confer before the expiration of this MOU to establish, if
necessary, new criteria for Advance Level Pay for Ambulatory Care.
SECTION 65 – DURATION OF AGREEMENT
This Agreement shall continue in full force and effect from July 1, 2022, to and including
September 30, 2025. Said Agreement shall automatically renew, except for sunset
provisions contained within this MOU, from year to year thereafter unless either party
gives written notice to the other prior to sixty (60) days from the aforesaid termination
date of its intention to amend, modify, or terminate the Agreement.
SECTION 66 – AUTOMATED TIMEKEEPING REOPENER
Upon request of County and during the term of this Agreement, the Association will
meet and confer with County regarding implementation of an Automated Timekeeping
System for all County employees. Implementation of an Automated Timekeeping
System may require changes and/or additions to this Agreement regarding the following
subjects:
1. On Call/Call Back pay
2. Shift differentials
3. CNA double shifts for employees working more than 8 hours
4. Overtime
5. Days and hours of work
6. Holiday pay
7. Rounding
8. Reporting of time
This list is indicative, not inclusive, of the subjects that may need changes and/or
additions for the Automated Timekeeping System.
The parties understand and agree that the County will mitigate any pecuniary loss to
Association members that may result from negotiated changes/additions to this
Agreement in order to implement the Automated Timekeeping System.
CALIFORNIA NURSES ASSOCIATION
ATTACHMENTS
A – 1 Class and Salary Listing Monthly – Effective 7/1/2022
A – 2 Class and Salary Listing Hourly – Effective 7/1/2022
B – 1 Class and Salary Listing Monthly – Effective 7/1/2023
B – 2 Class and Salary Listing Hourly – Effective 7/1/2023
C – 1 Class and Salary Listing Monthly – Effective 7/1/2024
C – 2 Class and Salary Listing Hourly – Effective 7/1/2024
D – 1 Class and Salary Listing Monthly – Effective 7/1/2025
D – 2 Class and Salary Listing Hourly – Effective 7/1/2025
E. Page Intentionally Left Blank
F. Page Intentionally Left Blank
G. Page Intentionally Left Blank
H. Permanent Intermittent Employee Benefits
I. Staff Nurse Unit/Per Diem Employee Special Pays, Benefits and Other Items
J. Acuity Based Staffing (Revised 10/1/06)
K. Page Intentionally Left Blank
L. Page Intentionally Left Blank
M. Page Intentionally Left Blank
N. Mandatory Overtime Policy for Contra Costa Regional Medical Center In-Patient RN’s
O. Letter of Understanding – Mandatory Overtime for Contra Costa Detention Facilities
P. Establishment of Weekend Only Schedules
Q. Contra Costa County Regional Medical Center Floating Policy (Revised 2/28/22)
R. Operating Room (OR) and Post Anesthesia Care Unit (PACU) On-Call Agreement
S. Automated Time Keeping – Payroll Increments of Reporting Time
T. Automated Time Keeping – Payroll Codes and Practices
U. Operational Issues
California Nurses Association
Class and Salary Listing
Effective July 1, 2022
ATTACHMENT A-1
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWSN Advice Nurse F $11,683.30 $11,975.38 $12,274.76 $12,581.63 $12,896.17 $13,218.58 $13,549.04 $13,887.77 $14,234.96 $14,590.84
VWTF Charge Nurse $13,393.48 $13,728.32 $14,071.53 $14,423.32 $14,783.90 $15,153.50 $15,532.34 $15,920.64 $16,318.66 $16,726.63
VWTA Clinical Nurse Specialist $13,261.53 $13,593.06 $13,932.89 $14,281.21 $14,638.24 $15,004.20 $15,379.30 $15,763.79 $16,157.88 $16,561.83
VWSB Family Nurse Practitioner F $13,261.53 $13,593.06 $13,932.89 $14,281.21 $14,638.24 $15,004.20 $15,379.30 $15,763.79 $16,157.88 $16,561.83
VWSM Health Svcs Educ And Trng Spec $13,261.53 $13,593.06 $13,932.89 $14,281.21 $14,638.24 $15,004.20 $15,379.30 $15,763.79 $16,157.88 $16,561.83
VW7A Nurse Practitioner Trainee F $12,387.91
VWXG Registered Nurse F $11,541.88 $11,830.42 $12,126.18 $12,429.34 $12,740.07 $13,058.57 $13,385.04 $13,719.66 $14,062.66 $14,414.22
VWX5 Registered Nurse - Project F $11,541.88 $11,830.42 $12,126.18 $12,429.34 $12,740.07 $13,058.57 $13,385.04 $13,719.66 $14,062.66 $14,414.22
VWXC Registered Nurse-Beg Level F $10,450.21
VWX2 Registered Nurse-Prj Beg Level F $10,450.21
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWXF Staff Advice Nurse-Per Diem $14,020.45 $14,370.96 $14,730.24 $15,098.49 $15,475.96 $15,862.86 $16,259.43 $16,665.91 $17,082.56 $17,509.62
VWWA Staff Nurse-Per Diem $13,849.26 $14,195.49 $14,550.38 $14,914.14 $15,286.99 $15,669.17 $16,060.90 $16,462.42 $16,873.98 $17,295.83
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VVXA Public Hlth Nurse $12,119.16 $12,422.14 $12,732.69 $13,051.01 $13,377.28 $13,711.71 $14,054.51 $14,405.87 $14,766.02 $15,135.17
VVX1 Public Hlth Nurse-Project $12,119.16 $12,422.14 $12,732.69 $13,051.01 $13,377.28 $13,711.71 $14,054.51 $14,405.87 $14,766.02 $15,135.17
Registered Nurses Unit (L3)Salary Range by Step (Rounded)
Staff Nurses Unit (L8)Salary Range by Step (Rounded)
Public Health Nurse Unit (LT)Salary Range by Step (Rounded)
California Nurses Association
Class and Salary Listing
Effective July 1, 2022
ATTACHMENT A-2
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWSN Advice Nurse F $67.40 $69.09 $70.82 $72.59 $74.40 $76.26 $78.17 $80.12 $82.12 $84.18
VWTF Charge Nurse $77.27 $79.20 $81.18 $83.21 $85.29 $87.42 $89.61 $91.85 $94.15 $96.50
VWTA Clinical Nurse Specialist $76.51 $78.42 $80.38 $82.39 $84.45 $86.56 $88.73 $90.94 $93.22 $95.55
VWSB Family Nurse Practitioner F $76.51 $78.42 $80.38 $82.39 $84.45 $86.56 $88.73 $90.94 $93.22 $95.55
VWSM Health Svcs Educ And Trng Spec $76.51 $78.42 $80.38 $82.39 $84.45 $86.56 $88.73 $90.94 $93.22 $95.55
VW7A Nurse Practitioner Trainee F $71.47
VWXG Registered Nurse F $66.59 $68.25 $69.96 $71.71 $73.50 $75.34 $77.22 $79.15 $81.13 $83.16
VWX5 Registered Nurse - Project F $66.59 $68.25 $69.96 $71.71 $73.50 $75.34 $77.22 $79.15 $81.13 $83.16
VWXC Registered Nurse-Beg Level F $60.29
VWX2 Registered Nurse-Prj Beg Level F $60.29
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWXF Staff Advice Nurse-Per Diem $80.89 $82.91 $84.98 $87.11 $89.28 $91.52 $93.80 $96.15 $98.55 $101.02
VWWA Staff Nurse-Per Diem $79.90 $81.90 $83.94 $86.04 $88.19 $90.40 $92.66 $94.98 $97.35 $99.78
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VVXA Public Hlth Nurse $69.92 $71.67 $73.46 $75.29 $77.18 $79.11 $81.08 $83.11 $85.19 $87.32
VVX1 Public Hlth Nurse-Project $69.92 $71.67 $73.46 $75.29 $77.18 $79.11 $81.08 $83.11 $85.19 $87.32
Registered Nurses Unit (L3)Salary Range by Step (Rounded)
Staff Nurses Unit (L8)Salary Range by Step (Rounded)
Public Health Nurse Unit (LT)Salary Range by Step (Rounded)
California Nurses Association
Class and Salary Listing
Effective July 1, 2023
ATTACHMENT B-1
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWSN Advice Nurse F $12,150.63 $12,454.39 $12,765.75 $13,084.90 $13,412.02 $13,747.32 $14,091.00 $14,443.28 $14,804.36 $15,174.47
VWTF Charge Nurse $13,929.22 $14,277.45 $14,634.39 $15,000.25 $15,375.26 $15,759.64 $16,153.63 $16,557.47 $16,971.41 $17,395.69
VWTA Clinical Nurse Specialist $13,791.99 $14,136.79 $14,490.21 $14,852.46 $15,223.77 $15,604.37 $15,994.48 $16,394.34 $16,804.20 $17,224.30
VWSB Family Nurse Practitioner F $13,791.99 $14,136.79 $14,490.21 $14,852.46 $15,223.77 $15,604.37 $15,994.48 $16,394.34 $16,804.20 $17,224.30
VWSM Health Svcs Educ And Trng Spec $13,791.99 $14,136.79 $14,490.21 $14,852.46 $15,223.77 $15,604.37 $15,994.48 $16,394.34 $16,804.20 $17,224.30
VW7A Nurse Practitioner Trainee F $12,883.43
VWXG Registered Nurse F $12,003.55 $12,303.64 $12,611.23 $12,926.51 $13,249.68 $13,580.92 $13,920.44 $14,268.45 $14,625.16 $14,990.79
VWX5 Registered Nurse - Project F $12,003.55 $12,303.64 $12,611.23 $12,926.51 $13,249.68 $13,580.92 $13,920.44 $14,268.45 $14,625.16 $14,990.79
VWXC Registered Nurse-Beg Level F $10,868.22
VWX2 Registered Nurse-Prj Beg Level F $10,868.22
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWXF Staff Advice Nurse-Per Diem $14,581.27 $14,945.80 $15,319.45 $15,702.43 $16,094.99 $16,497.37 $16,909.80 $17,332.55 $17,765.86 $18,210.01
VWWA Staff Nurse-Per Diem $14,403.23 $14,763.31 $15,132.39 $15,510.70 $15,898.47 $16,295.93 $16,703.33 $17,120.91 $17,548.94 $17,987.66
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VVXA Public Hlth Nurse $12,603.92 $12,919.02 $13,242.00 $13,573.05 $13,912.37 $14,260.18 $14,616.69 $14,982.10 $15,356.66 $15,740.57
VVX1 Public Hlth Nurse-Project $12,603.92 $12,919.02 $13,242.00 $13,573.05 $13,912.37 $14,260.18 $14,616.69 $14,982.10 $15,356.66 $15,740.57
Registered Nurses Unit (L3)Salary Range by Step (Rounded)
Staff Nurses Unit (L8)Salary Range by Step (Rounded)
Public Health Nurse Unit (LT)Salary Range by Step (Rounded)
California Nurses Association
Class and Salary Listing
Effective July 1, 2023
ATTACHMENT B-2
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWSN Advice Nurse F $70.10 $71.85 $73.65 $75.49 $77.38 $79.31 $81.29 $83.33 $85.41 $87.55
VWTF Charge Nurse $80.36 $82.37 $84.43 $86.54 $88.70 $90.92 $93.19 $95.52 $97.91 $100.36
VWTA Clinical Nurse Specialist $79.57 $81.56 $83.60 $85.69 $87.83 $90.03 $92.28 $94.58 $96.95 $99.37
VWSB Family Nurse Practitioner F $79.57 $81.56 $83.60 $85.69 $87.83 $90.03 $92.28 $94.58 $96.95 $99.37
VWSM Health Svcs Educ And Trng Spec $79.57 $81.56 $83.60 $85.69 $87.83 $90.03 $92.28 $94.58 $96.95 $99.37
VW7A Nurse Practitioner Trainee F $74.33
VWXG Registered Nurse F $69.25 $70.98 $72.76 $74.58 $76.44 $78.35 $80.31 $82.32 $84.38 $86.49
VWX5 Registered Nurse - Project F $69.25 $70.98 $72.76 $74.58 $76.44 $78.35 $80.31 $82.32 $84.38 $86.49
VWXC Registered Nurse-Beg Level F $62.70
VWX2 Registered Nurse-Prj Beg Level F $62.70
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWXF Staff Advice Nurse-Per Diem $84.12 $86.23 $88.38 $90.59 $92.86 $95.18 $97.56 $100.00 $102.50 $105.06
VWWA Staff Nurse-Per Diem $83.10 $85.17 $87.30 $89.48 $91.72 $94.01 $96.37 $98.77 $101.24 $103.77
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VVXA Public Hlth Nurse $72.71 $74.53 $76.40 $78.31 $80.26 $82.27 $84.33 $86.44 $88.60 $90.81
VVX1 Public Hlth Nurse-Project $72.71 $74.53 $76.40 $78.31 $80.26 $82.27 $84.33 $86.44 $88.60 $90.81
Registered Nurses Unit (L3)Salary Range by Step (Rounded)
Staff Nurses Unit (L8)Salary Range by Step (Rounded)
Public Health Nurse Unit (LT)Salary Range by Step (Rounded)
California Nurses Association
Class and Salary Listing
Effective July 1, 2024
ATTACHMENT C-1
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWSN Advice Nurse F $12,636.65 $12,952.57 $13,276.38 $13,608.29 $13,948.50 $14,297.21 $14,654.64 $15,021.01 $15,396.54 $15,781.45
VWTF Charge Nurse $14,486.39 $14,848.55 $15,219.77 $15,600.26 $15,990.27 $16,390.02 $16,799.77 $17,219.77 $17,650.26 $18,091.52
VWTA Clinical Nurse Specialist $14,343.67 $14,702.26 $15,069.81 $15,446.56 $15,832.72 $16,228.54 $16,634.26 $17,050.11 $17,476.36 $17,913.27
VWSB Family Nurse Practitioner F $14,343.67 $14,702.26 $15,069.81 $15,446.56 $15,832.72 $16,228.54 $16,634.26 $17,050.11 $17,476.36 $17,913.27
VWSM Health Svcs Educ And Trng Spec $14,343.67 $14,702.26 $15,069.81 $15,446.56 $15,832.72 $16,228.54 $16,634.26 $17,050.11 $17,476.36 $17,913.27
VW7A Nurse Practitioner Trainee F $13,398.77
VWXG Registered Nurse F $12,483.69 $12,795.79 $13,115.68 $13,443.57 $13,779.66 $14,124.15 $14,477.26 $14,839.19 $15,210.17 $15,590.42
VWX5 Registered Nurse - Project F $12,483.69 $12,795.79 $13,115.68 $13,443.57 $13,779.66 $14,124.15 $14,477.26 $14,839.19 $15,210.17 $15,590.42
VWXC Registered Nurse-Beg Level F $11,302.95
VWX2 Registered Nurse-Prj Beg Level F $11,302.95
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWXF Staff Advice Nurse-Per Diem $15,164.52 $15,543.63 $15,932.23 $16,330.53 $16,738.79 $17,157.26 $17,586.20 $18,025.85 $18,476.50 $18,938.41
VWWA Staff Nurse-Per Diem $14,979.36 $15,353.84 $15,737.69 $16,131.13 $16,534.41 $16,947.77 $17,371.46 $17,805.75 $18,250.89 $18,707.17
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VVXA Public Hlth Nurse $13,108.08 $12,919.02 $13,242.00 $13,573.05 $13,912.37 $14,260.18 $14,616.69 $14,982.10 $15,356.66 $15,740.57
VVX1 Public Hlth Nurse-Project $12,603.92 $12,603.92 $12,603.92 $12,603.92 $12,603.92 $12,603.92 $12,603.92 $12,603.92 $12,603.92 $12,603.92
Registered Nurses Unit (L3)Salary Range by Step (Rounded)
Staff Nurses Unit (L8)Salary Range by Step (Rounded)
Public Health Nurse Unit (LT)Salary Range by Step (Rounded)
California Nurses Association
Class and Salary Listing
Effective July 1, 2024
ATTACHMENT C-2
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWSN Advice Nurse F $72.90 $74.73 $76.59 $78.51 $80.47 $82.48 $84.55 $86.66 $88.83 $91.05
VWTF Charge Nurse $83.58 $85.66 $87.81 $90.00 $92.25 $94.56 $96.92 $99.34 $101.83 $104.37
VWTA Clinical Nurse Specialist $82.75 $84.82 $86.94 $89.11 $91.34 $93.63 $95.97 $98.37 $100.83 $103.35
VWSB Family Nurse Practitioner F $82.75 $84.82 $86.94 $89.11 $91.34 $93.63 $95.97 $98.37 $100.83 $103.35
VWSM Health Svcs Educ And Trng Spec $82.75 $84.82 $86.94 $89.11 $91.34 $93.63 $95.97 $98.37 $100.83 $103.35
VW7A Nurse Practitioner Trainee F $77.30
VWXG Registered Nurse F $72.02 $73.82 $75.67 $77.56 $79.50 $81.49 $83.52 $85.61 $87.75 $89.94
VWX5 Registered Nurse - Project F $72.02 $73.82 $75.67 $77.56 $79.50 $81.49 $83.52 $85.61 $87.75 $89.94
VWXC Registered Nurse-Beg Level F $65.21
VWX2 Registered Nurse-Prj Beg Level F $65.21
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWXF Staff Advice Nurse-Per Diem $87.49 $89.67 $91.92 $94.21 $96.57 $98.98 $101.46 $104.00 $106.60 $109.26
VWWA Staff Nurse-Per Diem $86.42 $88.58 $90.79 $93.06 $95.39 $97.78 $100.22 $102.73 $105.29 $107.93
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VVXA Public Hlth Nurse $75.62 $74.53 $76.40 $78.31 $80.26 $82.27 $84.33 $86.44 $88.60 $90.81
VVX1 Public Hlth Nurse-Project $72.71 $72.71 $72.71 $72.71 $72.71 $72.71 $72.71 $72.71 $72.71 $72.71
Registered Nurses Unit (L3)Salary Range by Step (Rounded)
Staff Nurses Unit (L8)Salary Range by Step (Rounded)
Public Health Nurse Unit (LT)Salary Range by Step (Rounded)
California Nurses Association
Class and Salary Listing
Effective July 1, 2025
ATTACHMENT D-1
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWSN Advice Nurse F $13,142.12 $13,470.67 $13,807.44 $14,152.63 $14,506.44 $14,869.10 $15,240.83 $15,621.85 $16,012.40 $16,412.71
VWTF Charge Nurse $15,065.85 $15,442.50 $15,828.56 $16,224.27 $16,629.88 $17,045.63 $17,471.77 $17,908.56 $18,356.27 $18,815.18
VWTA Clinical Nurse Specialist $14,917.41 $15,290.35 $15,672.61 $16,064.42 $16,466.03 $16,877.68 $17,299.63 $17,732.12 $18,175.42 $18,629.80
VWSB Family Nurse Practitioner F $14,917.41 $15,290.35 $15,672.61 $16,064.42 $16,466.03 $16,877.68 $17,299.63 $17,732.12 $18,175.42 $18,629.80
VWSM Health Svcs Educ And Trng Spec $14,917.41 $15,290.35 $15,672.61 $16,064.42 $16,466.03 $16,877.68 $17,299.63 $17,732.12 $18,175.42 $18,629.80
VW7A Nurse Practitioner Trainee F $13,934.72
VWXG Registered Nurse F $12,983.04 $13,307.62 $13,640.31 $13,981.32 $14,330.85 $14,689.12 $15,056.35 $15,432.76 $15,818.58 $16,214.04
VWX5 Registered Nurse - Project F $12,983.04 $13,307.62 $13,640.31 $13,981.32 $14,330.85 $14,689.12 $15,056.35 $15,432.76 $15,818.58 $16,214.04
VWXC Registered Nurse-Beg Level F $11,755.07
VWX2 Registered Nurse-Prj Beg Level F $11,755.07
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWXF Staff Advice Nurse-Per Diem $15,771.10 $16,165.38 $16,569.51 $16,983.75 $17,408.35 $17,843.55 $18,289.64 $18,746.88 $19,215.56 $19,695.95
VWWA Staff Nurse-Per Diem $15,578.53 $15,968.00 $16,367.20 $16,776.38 $17,195.79 $17,625.68 $18,066.32 $18,517.98 $18,980.93 $19,455.45
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VVXA Public Hlth Nurse $13,632.40 $13,435.78 $13,771.68 $14,115.97 $14,468.87 $14,830.59 $15,201.35 $15,581.39 $15,970.92 $16,370.20
VVX1 Public Hlth Nurse-Project $13,108.08 $13,108.08 $13,108.08 $13,108.08 $13,108.08 $13,108.08 $13,108.08 $13,108.08 $13,108.08 $13,108.08
Registered Nurses Unit (L3)Salary Range by Step (Rounded)
Staff Nurses Unit (L8)Salary Range by Step (Rounded)
Public Health Nurse Unit (LT)Salary Range by Step (Rounded)
California Nurses Association
Class and Salary Listing
Effective July 1, 2025
ATTACHMENT D-2
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWSN Advice Nurse F $75.82 $77.72 $79.66 $81.65 $83.69 $85.78 $87.93 $90.13 $92.38 $94.69
VWTF Charge Nurse $86.92 $89.09 $91.32 $93.60 $95.94 $98.34 $100.80 $103.32 $105.90 $108.55
VWTA Clinical Nurse Specialist $86.06 $88.21 $90.42 $92.68 $95.00 $97.37 $99.81 $102.30 $104.86 $107.48
VWSB Family Nurse Practitioner F $86.06 $88.21 $90.42 $92.68 $95.00 $97.37 $99.81 $102.30 $104.86 $107.48
VWSM Health Svcs Educ And Trng Spec $86.06 $88.21 $90.42 $92.68 $95.00 $97.37 $99.81 $102.30 $104.86 $107.48
VW7A Nurse Practitioner Trainee F $80.39
VWXG Registered Nurse F $74.90 $76.77 $78.69 $80.66 $82.68 $84.74 $86.86 $89.04 $91.26 $93.54
VWX5 Registered Nurse - Project F $74.90 $76.77 $78.69 $80.66 $82.68 $84.74 $86.86 $89.04 $91.26 $93.54
VWXC Registered Nurse-Beg Level F $67.82
VWX2 Registered Nurse-Prj Beg Level F $67.82
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VWXF Staff Advice Nurse-Per Diem $90.99 $93.26 $95.59 $97.98 $100.43 $102.94 $105.52 $108.16 $110.86 $113.63
VWWA Staff Nurse-Per Diem $89.88 $92.12 $94.43 $96.79 $99.21 $101.69 $104.23 $106.83 $109.51 $112.24
Job Code Classification Flex Staff (F)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
VVXA Public Hlth Nurse $78.65 $77.51 $79.45 $81.44 $83.47 $85.56 $87.70 $89.89 $92.14 $94.44
VVX1 Public Hlth Nurse-Project $75.62 $75.62 $75.62 $75.62 $75.62 $75.62 $75.62 $75.62 $75.62 $75.62
Registered Nurses Unit (L3)Salary Range by Step (Rounded)
Staff Nurses Unit (L8)Salary Range by Step (Rounded)
Public Health Nurse Unit (LT)Salary Range by Step (Rounded)
Attachment E
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Attachment F
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Attachment G
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ATTACHMENT H
CALIFORNIA NURSES ASSOCIATION (CNA)
Section 48 – Permanent-Intermittent Employee Benefits
Page 1 of 1
CNA- Attachment H
Special Pays for Permanent-Intermittent Employees
1) Applicable to all Permanent-Intermittent Employees
Type of Pay MOU Section
Jury Duty-Scheduled Work Day 17.1
Military Leave 16.4
County Overtime 7.1
FLSA Overtime N/A
Sick Leave Hours Taken 14
Vacation Hours Taken 13
CNA Weekend Shift Bonus 10.2
CNA Weekend Only Shift 1 Attachment P
CNA Weekend Only Shift 2 Attachment P
CNA Nurse Representatives 4
Sabbatical Leave 13.4
Health Services Education Hours 31
Shift Differential Pay @ 12% 10.1
Shift Differential Pay @ 15% 10.1
Code Gray @ 10% 57
Negotiations Time Off 4.2
2) Applicable to only those Permanent-Intermittent employees in the specified
classification/org.
Type of Pay MOU
Section
Applicable Job Classification(s) Applicable Assigned Org.
(Org.#)
FNP Weekend
Differential
Hospital/Clinics
52.1 VWSB DPT: 0540
FNP Evening
Differential
Hospital/Clinics
52.1 VWSB DPT: 0540
Charge Nurse Relief 5.3 VWXD, VWXE, VWSN, VWXG,
VWX5
Detention Assignment 10.3 VWXC, VWXD, VWX2, VWX3,
VWXG, VWX5
5700, 5701, 5702, 5710,
5711
ER Assignment 10.4 VWXC, VWXD, VWXE, VWX2,
VWX3, VWT4, VWXG, VWX5
6383
Detention Nurse
Advanced Level
Att. C VWX4, VWXE, VWXG, VWX5 5700, 5701, 5702, 5710,
5711
Double Shift Premium 7.1 VWXC, VWXD, VWX2, VWX3,
VWX4, VWXG, VWX5
ATTACHMENT I
1 of 1
STAFF NURSE UNIT/PER DIEM ATTACHMENT
Special Pays, Benefits, and Other Items that are applicable to Staff Nurse
Unit/Per Diem employees:
These sections of the MOU are applicable to Per Diem Employees:
• Section 1 Association Recognition
• Section 2 Association Security
• Section 4 Nurse Representatives
• Section 5.1-5.17 Wages
• Section 5.18 Pay Warrant Errors
• Section 7.3 Continuous Shifts
• Section 7.4 Per Diem Overtime Pay
• Section 8 Call-Back Time
• Section 9 On-Call Duty
• Section 10.5 Per Diem Differentials
• Section 12.10 Per Diem Holiday Pay and Holiday Meal
• Section 24 Grievance Procedure
• Section 25 Compensation Complaints
• Section 27 No Strike
• Section 32 Classification
• Section 33 Safety
• Section 34 Mileage and Transportation
• Section 37 Joint Association/Management Meeting
• Section 39 Notice of Hires and Separations
• Section 41 Personnel Files
• Section 49 Staff Nurse Unit/Per Diem Employees
• Section 54 Health Examination
• Section 55 Floating
• Section 58 Adoption
• Section 59.1 Scope of Agreement
• Section 59.2 Separability of Provisions
• Section 62 Conscious Sedation
• Section 65 Duration of Agreement
If a special pay, benefit, or other item that is described in this MOU does not
specifically reference per diem employees or the special pay, benefit, or other
item is not included in this Attachment, then the special pay, benefit, or other item
does not apply to per diem employees.
Attachment K
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Attachment L
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Attachment M
THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT Q
CONTRA COSTA REGIONAL MEDICAL CENTER NURSING ADMINISTRATION POLICY #3.08
HOSPITAL AND HEALTH CENTERS
1
FLOATING
I. PURPOSE
Nursing management at Contra Costa Regional Medical Center is committed to
providing safe, quality, and cost-efficient care to our clients. We are committed
to providing our staff with opportunities for growth and job satisfaction.
Demonstrated competence within clinical cluster units and the definition of basic
nursing care are mechanisms to provide safe, quality, and cost-efficient care to
our patients.
II. REFERENCES
Nursing Administration Policy, 3.05 Assignment of Nursing Staff to Patient Care
Nursing Administration Policy, 3.11 Patient Classification System
Title 16, Business and Professions Code
Nurse Practice Act, Section 2725
California Code of Regulations, Section 1443.5
III. POLICY
Nursing staff (Registered Nurses, Licensed Vocational Nurses, Licensed
Psychiatric Technicians, and Certified Nursing Assistants are required to float in
order to provide safe patient care.
IV. PROCEDURE
Note: Patient care needs will come first regardless of float order upon the
discretion of the Nurse Program Manager and/or the Nursing Shift Coordinator. 1. Registered Nurses, Licensed Vocational Nurses, Licensed Psychiatric
Technicians, and Certified Nursing Assistants are required to float. Charge
Nurses and/or Relief Charge Nurses serving as charge on that day are exempt
from floating. In an unanticipated emergency situation which threatens safe
patient care delivery, the Charge Nurse and/or Relief Charge Nurse may be
floated at the discretion of the Nursing Program Manager (NPM) and/or
Nursing Shift Coordinator (NSC).
2. The NPM will provide the Staffing Services with documentation of staff who
have received orientation and/or competency training, if required, in a specific
unit. This information will be entered into the Staffing and Scheduling
System.
3. The NPM and/or NSC, and the Charge Nurse will collaboratively assess the
needs of the unit in determination of staff to float. The Charge Nurse will
assign the staff for float. The Staffing Services will indicate the following
information on the staffing sheet:
ATTACHMENT Q
CONTRA COSTA REGIONAL MEDICAL CENTER NURSING ADMINISTRATION POLICY #3.08
HOSPITAL AND HEALTH CENTERS
2
Unit from which the nurse will float
Unit to which the nurse will float, and
Classification of staff member to be floated
4. Floating will be determined in the following order:
a. Volunteers (also outside their clinical clusters)
b. Registry/Travelers
Note: Day registries are booked specifically for a unit and shift
usually do not float.
c. Per Diem
d. Beginning Level RN/new grad per diem to remain in hired unit for
first 6 months of hire, after which they will float on rotational basis.
Registered Nurse to remain in hired unit for first 90 days of hire,
unless previously working on the unit, after which they will float on a
rotational basis.
e. 10 years (and under) seniority, as a permanent employee in the
bargaining unit, on a rotating basis
f. Over 10 years seniority, but less than 20 years, as a permanent
employee in the bargaining unit, on a rotating basis
g. More than 20 years seniority, as a permanent employee in the
bargaining unit, on a rotating basis
ATTACHMENT Q
CONTRA COSTA REGIONAL MEDICAL CENTER NURSING ADMINISTRATION POLICY #3.08
HOSPITAL AND HEALTH CENTERS
3
5. Clinical Clusters:
UNITs STAFFED TO
CORE/RATIO
“FLOAT CLUSTERS”
Float to…… Hospital
GASTROINTESTINAL
SERVICES (GI)
CORE PACU SPECIAL
PROCEDURE
POST ANESTHESIA
CARE UNIT (PACU)
CORE GI SPECIAL
PROCEDURE
OPERATING ROOM
(OR)
CORE L&D assist
with C-SECTION
EMERGENCY DEPT.
(ED)
CORE CCU
3E-Intermediate Care
Unit (IMCU)
RATIO 1:3 CCU PACU ED GI 4B
BASIC ASSIGNMENT
3D-Critical Care Unit
(CCU)
RATIO 1:2 IMCU PACU ED GI 4B
BASIC ASSIGNMENT
PSYCHIATRIC
EMERGENCY
SERVICES (PES)
CORE
4C/4D-IN PATIENT PSYCHIATRIC UNIT
4A-MEDICAL RATIO 1:5 4B 5D IMCU PRE-OP
4B-TELEMETRY
RATIO 1:4
5D 4A 5C PP (Cross Trained) IMCU PRE-OP
4C/4D-IN PATIENT
PSYCHIATRIC UNIT
RATIO 1:6 PES
LABOR & DELIVERY
(L&D)
CORE NURSERY 5C
NURSERY
RATIO 5C L&D
5C-POSTPARTUM
RATIO 1:4 MB L&D NURSERY
5D-SURGICAL
RATIO 1:5 4B 5C PP (Cross Trained) PRE-OP 4A IMCU
DETENTION
JUVENILE SVCS
JUVENILE HALL ORIN ALLEN YOUTH REHAB FACILITY
DETENTION
ADULT SVCS
MTZ Det Fac West County Det Fac Marsh Creek Det Fac
OTHER STAFF
PER-DIEM/PART TIME
TEMPS RNs
N/A PER UNITS FLOAT CLUSTER RN IS ASSIGNED TO AND/OR
VOLUNTARY BASIS AFTER COMPETENCY/ORIENTATION MET
REGISTERY/AGENCY/
TRAVELER RN’s
N/A PER UNITS FLOAT CLUSTER RN IS ASSIGNED TO AND/OR
VOLUNTARY BASIS AFTER COMPETENCY/ORIENTATION MET
Nursing staff may float out of their unit (except into 4C, 4D & PES) for the 1:1/2:1 close observation assignment.
Cross training to 5C PP is voluntary.
Sister Units are defined as units in which staff are oriented on hire and are
indicated in shaded areas above. Staff floating to a sister unit will be
given a full assignment, with consideration of the skill set needed for safe
patient care.
ATTACHMENT Q
CONTRA COSTA REGIONAL MEDICAL CENTER NURSING ADMINISTRATION POLICY #3.08
HOSPITAL AND HEALTH CENTERS
4
Cluster Units indicate where staff are oriented and will be given a team
(or shared) assignment in collaboration with a regular nurse from that unit.
To give full assignment, the staff must have completed competency
training.
Basic Assignments are given in the event staff has not been oriented to
that specific unit. Their assignments will be given in collaboration with a
regular nurse from that unit.
The Charge Nurse and/or Relief Charge Nurse is responsible for assigning a
regular nurse from that unit as a resource to the staff floating in order to assist,
support safe patient care. The Charge Nurse may request the information of
competency and/or orientation of the float staff member from the NPM and/or
the NSC.
6. Hospital nursing staff will not be cancelled if needed in another area in which
there are basic nursing care assignments to be carried out.
7. A staff member floated for a 1:2 or 2:1 close observation assignment will
receive orientation checklist.
8. Staff with orientation who have not floated within six months, and staff with
competency training who have not floated within one year, will complete
same shift unit specific orientation. The checklist will be given to the NPM
and/or NSC.
9. Float orientation checklist must be completed and given to the NPM of the
unit and/or the NSC for that shift.
10. Float competency checklist must be completed and given to the NPM of the
unit and/or the NSC for that shift.
V. AUTHORITY/RESPONSIBILITY
Nursing Program Managers, Nursing Shift Coordinators, Directors of Nursing
Operations, Chief Nursing Officer
VI. FORMS USED
Unit Specific Orientation Checklist
Close Observation Orientation Checklist
Float Log
VII. RESPONSIBLE STAFF PERSON
NPM, NSC
ATTACHMENT Q
CONTRA COSTA REGIONAL MEDICAL CENTER NURSING ADMINISTRATION POLICY #3.08
HOSPITAL AND HEALTH CENTERS
5
Professional Practice Committee: 6/08
REVIEWED: 4/92; 4/95; 1/98; 2/01; 5/01; 7/03; 2/04; 4/04; 2/05; 1/06; 6/06; 6/08; 4/10; 5/9/12;
5/14; 11/15; 1/2017
REVISED: 4/92; 1/98; 5/01; 7/03; 4/04; 2/05; 6/06; 4/10; 5/9/12; 5/14; 11/15; 1/2017,12/19,
10/2020, 02/2022
ATTACHMENT R
ATTACHMENT S
ATTACHMENT T
ATTACHMENT U
i
CALIFORNIA NURSES ASSOCIATION
SUBJECT INDEX (2022-2025)
Adoption ...................................................................................................................... 101
Advanced Cardiac Life Support Certification ................................................................. 79
Ambulatory Care Nurses ............................................................................................. 104
Anniversary Dates ......................................................................................................... 11
Association Recognition .................................................................................................. 3
Association Representative ............................................................................................. 9
Association Security ........................................................................................................ 4
Attendance at Meetings ................................................................................................... 8
Automated Timekeeping Reopener ............................................................................. 105
Bid Procedure ............................................................................................................... 64
Bilingual Pay ................................................................................................................. 73
Call-Back Pay ................................................................................................................ 22
Call-Back Time .............................................................................................................. 22
Career Development ..................................................................................................... 78
Catastrophic Leave Bank .............................................................................................. 45
Charge Nurse Relief ...................................................................................................... 10
Classification ................................................................................................................. 81
Code Grey ................................................................................................................... 101
Coerced Resignations ................................................................................................... 66
Commuter Benefit Program ........................................................................................... 82
Compensation Complaints ............................................................................................ 72
Compensation For Loss or Damage to Personal Property ............................................ 92
Compensation for Portion of Month ............................................................................... 13
Compensatory Time ...................................................................................................... 20
Confidentiality of Information/Records ........................................................................... 45
Conscious Sedation .................................................................................................... 103
Constructive Resignation .............................................................................................. 66
Days and Hours of Work ............................................................................................... 17
Deferred Compensation ................................................................................................ 82
Deferred Compensation – Special Benefit for Public Health Nurses ............................. 82
Deferred Retirement ...................................................................................................... 58
Detention Facility Differential ......................................................................................... 84
Disability ........................................................................................................................ 41
Dismissal, Suspension, and Demotion .......................................................................... 67
Dual Coverage .............................................................................................................. 57
Dues Deduction ............................................................................................................... 4
Duration of Agreement ................................................................................................ 105
Education Leave ........................................................................................................... 80
Employee Representation Rights .................................................................................. 69
ii
Family Member Eligibility Criteria .................................................................................. 55
Floating ....................................................................................................................... 100
General Conditions.......................................................................................................... 4
General Wages ............................................................................................................... 9
Grievance Procedure .................................................................................................... 70
Health Care Spending Account ..................................................................................... 58
Health Examination ..................................................................................................... 100
Holiday and Compensatory Time Provisions ................................................................. 33
Holiday Meal ................................................................................................................. 34
Holidays (Christmas and New Year’s Day) ................................................................... 30
Holidays Observed ........................................................................................................ 30
Increments Within Range .............................................................................................. 12
Joint Association/Management Meeting ........................................................................ 85
Jury Duty ....................................................................................................................... 52
Labor-Management Committee ..................................................................................... 43
Leave Denials ............................................................................................................. 100
Leave of Absence ......................................................................................................... 47
Leave Without Pay ........................................................................................................ 47
Leave Without Pay – Use of Accruals ........................................................................... 51
Leaves Pursuant to FMLA, CFRA, and PDL ................................................................. 49
Length of Service Definition (for service awards and vacation accruals)....................... 93
Longevity Pay ................................................................................................................ 10
Lunch Period / Rest Break ............................................................................................ 96
Mandatory Overtime in Detention .................................................................................. 24
Medical Certification ...................................................................................................... 49
Medical, Life, and Dental Care ...................................................................................... 54
Merit Board .................................................................................................................... 72
Mileage and Transportation ........................................................................................... 82
Military Leave ................................................................................................................ 48
New Technology and Staffing Ratio Dispute Resolution ............................................. 103
No Discrimination ............................................................................................................ 8
No Strike ....................................................................................................................... 72
Notice of Hires and Separations .................................................................................... 90
Notification of Dues Deduction Changes ......................................................................... 4
Nurse Practitioners (NP) ............................................................................................... 97
Nurse Representatives .................................................................................................... 8
Nursing Certification Test Fee Reimbursement ............................................................. 16
On-Call Duty .................................................................................................................. 23
Operating Room Call Back ............................................................................................ 23
Overtime and Compensatory Time................................................................................ 19
iii
Part-Time Compensation .............................................................................................. 12
Patient Care Technology Review Procedures ............................................................. 102
Payment ........................................................................................................................ 16
Pay for Work in Higher Classification ............................................................................ 15
Pay Warrant Errors........................................................................................................ 16
Per Diem Differentials ................................................................................................... 24
Per Diem Holiday Pay & Holiday Meal .......................................................................... 34
Per Diem Overtime Pay ................................................................................................. 22
Permanent-Intermittent Employee Benefits ................................................................... 94
Permanent Part-Time Employee Benefits ..................................................................... 93
Personnel Files ............................................................................................................. 91
Physical Examination .................................................................................................... 63
Preceptor and Orientation ............................................................................................. 19
Probationary Period....................................................................................................... 60
Procedure on Dismissal, Suspension, or Disciplinary Demotion ................................... 69
Professional Performance and Other Committees ........................................................ 85
Professional Performance Committee – Nurse Practitioners ........................................ 87
Promotion ...................................................................................................................... 62
Promotion Via Reclassification Without Examination .................................................... 63
Public Health Nurses (PHN) .......................................................................................... 99
Public Health Nurse Expanded Roles ........................................................................... 99
Public Health Nurse Professional Performance Committee (PPC) ............................... 88
Quarterly Meetings with Health Services Department Managers .................................. 87
Reimbursement for Meal Expenses .............................................................................. 91
Reimbursement for Use of Personal Vehicle ................................................................. 82
Rejection During Probation ........................................................................................... 61
Release Time for Training ............................................................................................... 9
Required Certifications and Licenses ............................................................................ 79
Resignation in Good Standing ....................................................................................... 66
Resignations ................................................................................................................. 66
Retirement ..................................................................................................................... 73
Revocation .................................................................................................................... 66
Safe Staffing ................................................................................................................ 102
Safety ............................................................................................................................ 82
Salaries ........................................................................................................................... 9
Salary on Involuntary Demotion .................................................................................... 14
Salary on Promotion ...................................................................................................... 14
Salary Reallocation and Salary on Reallocation ............................................................ 13
Salary on Voluntary Demotion ....................................................................................... 14
Salary Review While on Leave of Absence ................................................................... 52
Scope of Agreement.................................................................................................... 101
Scope of Agreement and Separability of Provision ..................................................... 101
Seniority Credits ............................................................................................................ 63
Seniority, Workforce Reduction, Layoff and Reassignment .......................................... 25
Service Awards ............................................................................................................. 92
Shift Differentials ........................................................................................................... 23
iv
Sick Leave ..................................................................................................................... 36
Skelly Requirements ..................................................................................................... 68
Special Employment Lists ............................................................................................. 29
Staff Nurse/Per Diem Employees .................................................................................. 94
State Disability Insurance (SDI) .................................................................................... 44
Time Limits - Grievances ............................................................................................... 71
Training Reimbursement ............................................................................................... 78
Transfer (Promotion) ..................................................................................................... 64
Transfer (Salaries)......................................................................................................... 14
Unauthorized Absence .................................................................................................. 52
Unfair Labor Practice ..................................................................................................... 93
Union Notification .......................................................................................................... 72
Use of County Buildings .................................................................................................. 5
Vacation Accrual Rates ................................................................................................. 35
Vacation Allowance ....................................................................................................... 34
Vacation Leave ............................................................................................................. 34
Vacation Leave Accrual Usage ..................................................................................... 36
Vacation Requests ........................................................................................................ 35
Voluntary Vision Plan .................................................................................................... 60
Witness Duty ................................................................................................................. 54
Workplace Violence Prevention and Safety .................................................................. 91
Worker’s Compensation and Continuing Pay ................................................................ 41