HomeMy WebLinkAboutMINUTES - 04222014 - D.9RECOMMENDATION(S):
ADOPT Resolution No. 2014/112 approving the Memoranda of Understanding (MOU) between Contra Costa County
and the Coalition Unions (Coalition) made up of Public Employees Union, Local One; Public Employees Union,
Local One, CSB-Site Supervisor Unit; SEIU, Local 1021, Rank & File Unit; and SEIU, Local 1021, Service Line
Supervisor Unit, implementing negotiated wage agreements and other economic terms and conditions of
employment, for the period of July 1, 2013 through June 30, 2016.
FISCAL IMPACT:
The estimated cost of the negotiated contract is $4.5 million for FY 2013/14 ($2.5 million from the 4% wage
increase); $12.0 million for FY 2014/15 ($10 million from the 4% wage increase); and $17.5 million for FY 2015/16
($10 million from the 4% wage increase and $7.5 million from the 3% increase). Implementation of a change in the
Cost of Living Adjustment (COLA) to the pension benefit for employees who become New Members of CCCERA
on and after July 1, 2014, is intended to result in long term savings for both the employee and the County.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/22/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: April 22, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Human Resources
D.9
To:Board of Supervisors
From:David Twa, County Administrator
Date:April 22, 2014
Contra
Costa
County
Subject:Memoranda of Understanding with the Coalition Unions (Coalition)
BACKGROUND:
The Coalition Unions began bargaining with Contra Costa County in April 2013. The Tentative Agreements were
reached between the County and the Coalition Unions and ratified by each of the units on or about April 11,
2014. The resulting Memoranda of Understanding, which are attached, include modifications to wages,
retirement, health care, and other benefit changes. In summary, the significant changes are:
Term (Coalition Unions)
The terms of all agreements are from July 1, 2013 through June 30, 2016.
Automated Timekeeping Implementation - Section 6.2 (Local One), Section 6.3 (CSB, SEIU R&F, SEIU
SLS)
Unions agree to the implementation of the Automated Timekeeping System.
Call Back Time - Section 8 (Local One, SEIU R&F, SLS)
Modified language and Social Work Supervisor II and Social Casework Specialist I and II who work
in org code 5216 will receive telephone on-call differential effective 1/1/15.
Holidays - Section 12 (SEIU R&F, SEIU SLS, PEU Local 1), and Section 10 (PEU Local 1 - CSB)
Modifications to language regarding holidays.
Deferred Compensation - Section 5.15 (Local One), Section 24.2 (CSB), Section 26.4 (SEIU R&F), and
Section 52.F (SEIU SLS)
Added agreed upon loan provisions.
Definitions - Local 1 (Attachment M)
Added definition of permanent intermittent employment.
General Wages - Section 5.1 (All Coalition Unions)
Effective April 1, 2014, the salary of non-safety classifications represented by the Coalition will be
increased by 4.0%
Effective April 1, 2014, the majority of classifications represented by the Coalition will receive a
lump sum payment of $750.
Effective July 1, 2015, the salary of all classifications represented by the Coalition will be increased
by 3.0%
Effective April 1, 2015, the majority of classifications represented by the Coalition will receive a
lump sum payment of $750.
Grievance Procedure - Section 25 (Local One), Section 23 (CSB), Section 25 (SEIU R&F, SLS)
Agreement reached regarding changes to grievance procedures.
Health, Life & Dental Care- Section 18 (SEIU R&F), Section19 (SEIU SLS, PEU Local 1), and Section 26
(PEU Local 1 - CSB)
Agreement was reached to re-open this section on April 1, 2015, for the limited purpose of
bargaining to explore changes effective in the 2016 Plan year.
Medical Social Worker Lead Differential – Section 31 (SEIU R&F)
Employee designated as a “Lead Worker” in the classification of Medical Social Worker II will
receive a 5% differential.
Overtime, Compensatory Time & Straight Time Pay - Section 7 (Local One, SEIU R&F, SEIU SLS)
Modifications to language regarding time worked.
Permanent-intermittent Employee Special Pays & Benefits - Section 44-Attachment I (SEIU R&F), Section
44-Attachment D (SEIU SLS), and Section 45-Attachment D (PEU Local 1)
Special pays and benefits applicable for permanent-intermittent employees are detailed in
Attachments listed above. If a special pay or benefit is not specifically referenced then it does not
apply.
Retirement/Safety Employees Retirement Tier A Enhanced Retirement Benefits - Section 19.3 (SEIU R&F)
Effective January 1, 2014, and through December 31, 2014, each employee in Tier A will pay four
and one-half percent (4.5%) of his or her retirement base to pay part of the employer's contribution
for the cost of the Tier A retirement benefits.
Effective January 1, 2015, and through December 31, 2015, each employee in Tier A will pay two
and one-quarter percent (2.25%) of his or her retirement base to pay part of the employer's
contribution for the cost of the Tier A retirement benefits.
Effective June 30, 2015, the employee's payment of two and a quarter percent will cease.
Retirement/Tier IV Retirement Plan -Section 19 (SEIU R&F), Section 27 (PEU Local 1, SEIU SLS), and
Section 28 (PEU Local 1 - CSB)
Employees hired on or after July 1, 2014, who become New Members of CCCERA, will have up to
a two percent banked COLA to their retirement benefit.
Scope of Agreement and Separability of Provision - Section 55.1 (PEU Local 1), Section 33.1 (PEU, Local
1 - CSB), Section 54.1 (SEIU R&F and SLS)
Any past side letters or any other agreements that are not incorporated into or attached to the MOUs
are deemed expired upon approval of these MOUs by the Board of Supervisors.
Temporary Employee Special Pays & Benefits - Section 53/Attachment E (Local One), Section
50/Attachment H (SEIU R&F)
Special pays and benefits applicable for temporary employees are detailed in Attachments listed
above. If a special pay or benefit is not specifically referenced then it does not apply.
Time Reporting/Stamping – Section 6 (Local One, CSB, SEIU R&F, SEIU SLS)
Agreement reached regarding time stamping.
CONSEQUENCE OF NEGATIVE ACTION:
The County will continue to be out of contract with the Coalition Unions and may experience recruitment and
retention difficulties.
CHILDREN'S IMPACT STATEMENT:
None.
CLERK'S ADDENDUM
Speakers: Rollie Katz, Public Employees' Union, Local One;
ATTACHMENTS
SEIU 1021
SEIU 1021 MOU Service
PEU Local One MOU
PEU Local One MOU CSB 7-1-13-6-30-16
Resolution No. 2014/112
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES UNION, LOCAL ONE
CSB - SITE SUPERVISOR UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of the Contra Costa County Board of Supervisors’ Resolution
81/1165 and has been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Union is
the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of Contra Costa County as the joint recommendations of the
undersigned for salary and employee benefit adjustments for the term set forth herein.
DEFINITIONS
LOCAL NO. 1, CSB-SITE SUPERVISOR -2- 2013-2016
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of an employee to another position in a cl ass allocated to a
salary range for which the top step is lower than the top step of the class which the
employee formerly occupied except as provided for under "Transfer" or as otherwise
provided for in this MOU, or in the Personnel Management Regulations.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given class.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons who have been found qualified for employment in a
specific class.
Layoff List: A list of persons who have occupied positions allocated to a class and who
have been involuntarily separated by layoff or displacement, or demoted by
displacement, or have voluntarily demoted in lieu of layoff or displacement, or have
transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time basis.
DEFINITIONS
LOCAL NO. 1, CSB-SITE SUPERVISOR -3- 2013-2016
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues. Project employees are not
covered by the Merit System.
Promotion: The change of an employee to another position in a class allocated to a
salary range for which the top step is higher than the top step of the cl ass which the
employee formerly occupied, except as provided for under "Transfer" or as otherwise
provided for in this MOU, or in the Personnel Management Regulations.
Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five percent (5%) of the top step, except as otherwise
provided for in the Personnel Management Regulations, or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to class
and, who have voluntarily separated and are qualified for consideration for
reappointment under the Personnel Management Regulations governing reemployment.
Resignation: The voluntary termination of employment with the County.
Temporary Employment: Any employment which will require the services of an
incumbent for a limited period of time, paid on an hourly basis, not in an allocated
position or in permanent status.
Transfer: The change of an employee to another position in a class which is allocated
to a range on the salary plan that is within five pe rcent (5%) at top step as the class
previously occupied by the employee.
Union: Public Employees Union, Local One
SECTION 1 - RECOGNITION
LOCAL NO. 1, CSB-SITE SUPERVISOR -4- 2013-2016
SECTION 1 - RECOGNITION
The Union is the formally recognized employee organization for the Community
Services Bureau – Site Supervisor Unit. The Union has been certified as such,
pursuant to Chapter 34-12 of Contra Costa County Board of Supervisors’ Resolution
81/1165. Represented classes in this unit are:
Site Supervisor I – Project (CJH2)
Site Supervisor II – Project (CJG1)
Site Supervisor III – Project (CJF1)
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165, only
a majority representative may have dues deduction and as such the Union has the
exclusive privilege of dues deduction for all members in its unit.
2.2 Maintenance of Membership. All employees in the Community Services
Bureau - Site Supervisor Unit, represented by the Union, who are currently paying dues
to the Union and all employees in such unit who hereafter becom e members of the
Union shall as a condition of continued employment pay dues to the Union for the
duration of this MOU and each year thereafter so long as the Union continues to
represent the class to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.4 – Withdrawal
of Membership.
2.3 Union Dues Form. Employees hired into classifications represented by the
Union shall, as a condition of employment at the time of employment, comple te a Union
Dues Authorization Card provided by the Union and shall have deducted from their
paychecks the membership dues of the Union. Said employees shall have thirty (30)
days from the date of hire to decide if they do not want to become a member of th e
Union. Such decision, not to become a member of the Union, must be made in writing
to the Auditor-Controller with a copy to the Labor Relations Division within said thirty
(30) day period. If the employee decides not to become a member of the Union, an y
Union dues previously deducted from the employee’s paycheck shall be returned to the
employee and said amount shall be deducted from the next dues deduction check sent
to the Union. If the employee does not notify the County in writing of the decision n ot to
become a member within the thirty (30) day period, s/he shall be deemed to have
voluntarily agreed to pay the dues of the Union.
Each such dues authorization form referenced above shall include a statement that the
Union and the County have entered into an MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition of employment and that such
authorization may be revoked within the first thirty (30) days of employment upon proper
written notice by the employee, within said thirty (30) day period as set forth above.
Each such employee shall, upon completion of the authorization form, receive a copy of
SECTION 2 - UNION SECURITY
LOCAL NO. 1, CSB-SITE SUPERVISOR -5- 2013-2016
said authorization form which shall be deemed proper notice of his or her right to revoke
said authorization.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Office in
writing, between August 1 and August 31, any employee assigned to a classification in
the CSB Site Supervisor Unit may withdraw from Union membership and discontinue
paying dues as of the payroll period commencing September 1st; discontinuance of
dues payments to then be reflected in the October 10th paycheck. Immediately upon
the close of the above-mentioned thirty (30) day period the Auditor-Controller shall
submit to the Union a list of the employees who have rescinded their authorization for
dues deduction.
2.5 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non -discriminatory
representation to all employees in all classes in the units for which this secti on is
applicable regardless of whether they are members of the Union.
B. All employees employed in a representation unit on or after the effective date of
this MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Union or;
2. Pay to the Union, an agency shop fee in an amount which does not
exceed an amount which may be lawfully collected under applicable
constitutional, statutory, and case law, which under no circumstances shall
exceed the monthly dues, initiation fees and general assessments made
during the duration of this MOU. It shall be the sole responsibility of the
Union to determine an agency shop fee which meets the above criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a bona fide
religion, body or sect which has historically held a conscientious
objection to joining or financially supporting any public employee
organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee described in Section
2.5.B.2 to a non-religious, non-labor, charitable fund chosen by the
employee from the following charities: Family and Children's Trust
Fund, Child Abuse Prevention Council and Battered Women's
Alternative.
C. The Union shall provide the County with a copy of the Union's Hudson Procedure
for the determination and protest of its agency shop fees. The Union shall
provide a copy of said Hudson Procedure to every fee payer covered by this
MOU within one month from the date it is approved and annually thereafter, and
SECTION 2 - UNION SECURITY
LOCAL NO. 1, CSB-SITE SUPERVISOR -6- 2013-2016
as a condition to any change in the agency shop fee. Failure by an employee to
invoke the Union's Hudson Procedure within one month after actual notice of the
Hudson Procedure shall be a waiver b y the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.5.B.2 shall not apply during periods that an employee
is separated from the representation unit but shall be reinstated upon the return
of the employee to the representation unit. The term separation includes transfer
out of the unit, layoff, and leave of absence with a duration of more than thirty
(30) days.
E. Annually, the Union shall provide the Human Resources Director with copies of
the financial report which the Union annually files with the California Public
Employee Relations Board. Such report shall be available to employees in the
unit. Failure to file such a report within sixty (60) days after the end of its fiscal
year shall result in the termination of all agency shop fee deductions without
jeopardy to any employee, until said report is filed, and upon mutual agreement,
this time limit may be extended to one hundred twenty (120) days.
F. Compliance.
1. An employee employed in or hired into a job class represented by the
Union shall be provided with an Employee Authorization for Payroll
Deduction card by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30)
calendar days after notice of this agency shop fee provision and the union
dues, agency shop fee, initiation fee or charitable contribution required
under Section 2.5.B.3 are not received, the Union may, in writing, direct
that the County withhold the agency shop fee and the initiation fee from
the employee's salary, in which case the employee's monthly salary shall
be reduced by an amount equal to the agency shop fee and the County
shall pay an equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against any
and all claims, demands, suits, orders, or judgments, or other forms of liability
that arise out of or by reason of this union security section, or action taken or not
taken by the County under this Section. This includes, but is not limited to, the
County's attorneys' fees and costs. The provisions of this subsection shall not be
subject to the grievance procedure following the adoption of this MOU by the
County Board of Supervisors.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Union.
I. In the event that employees in a bargaining unit represented by the Union vote to
rescind agency shop, the provisions of Section 2.2 and 2.4 shall apply to dues-
paying members of the Union.
SECTION 2 - UNION SECURITY
LOCAL NO. 1, CSB-SITE SUPERVISOR -7- 2013-2016
2.6 Communicating With Employees. The Union shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Union, provided the communications displayed have to do with matters within the
scope of representation and further provided that the employee organization
appropriately posts and removes the information. The Department Head reserves the
right to remove objectionable materials after notification and discussion with the Union.
Representatives of the Union, not on County time, shall be permitted to place a supply
of employee literature at specific locations in County buildings if arranged through the
Department Head or designated representative; said representatives may distribute
employee organization literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed method of distribution are
compatible with the work environment and work in progress. Such placement and/or
distribution shall not be performed by on duty employees.
The Union shall be allowed access to work locations in which it represents employees
for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature as
indicated above;
d. to represent an employee on a grievance and/or to
contact a Union officer on a matter within the scope of
representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area and the visit will not interfere with County services.
2.7 Use of County Buildings. The Union shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees during non -work hours
when:
a. such space is available and its use by the Union is
scheduled twenty-four (24) hours in advance;
b. there is no additional cost to the County;
c. it does not interfere with normal County operations;
d. employees in attendance are not on duty and are not
SECTION 2 - UNION SECURITY
LOCAL NO. 1, CSB-SITE SUPERVISOR -8- 2013-2016
scheduled for duty;
e. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Union shall maintain proper order at the meeting and see
that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings such as desks, chairs, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.8 Advance Notice. The Union shall, except in cases of emergency, have the right
to reasonable notice of any ordinance, rule, resolution or regulation directly relating to
matters within the scope of representation proposed to be adopted by the B oard, 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 propo sal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.9 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Labor Relations
Manager shall review the composition of existing representation units to
determine the appropriateness of including some or all of the employees in the
new Class in one or more existing representation units, and within a reasonable
period of time, shall notify all recognized employee organizations of his or her
determination.
B. Final Determination. This determination is final unless, within ten (10) days after
notification, a recognized employee organization requests in writing to meet and
confer thereon.
C. Meet and Confer and Other Steps. The Labor Relations Manager shall meet
and confer with such requesting organizations (and with other recognized
employee organizations where appropriate) to seek agreement on this matter
within sixty (60) days after the ten-day period in Subsection B, unless otherwise
mutually agreed. Thereafter, the procedures in cases of agreement and
disagreement, arbitration referral and expenses, and criteria for determination
SECTION 3 - NO DISCRIMINATION AND AMERICANS WITH
DISABILITIES ACT (ADA)
LOCAL NO. 1, CSB-SITE SUPERVISOR -9- 2013-2016
shall conform to those in Subsections (d) through (i) of Section 34 -12.008 of
Board Resolution 81/1165.
2.10 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classifi cation in the bargaining unit, noting
that the employee’s classification is represented by the Union and the name of a
representative of the Union. The County will provide the employee with a packet of
information that has been supplied by the Union and a pproved by the County. The
County shall provide an opportunity for the Union to make a fifteen (15) minute
presentation at the end of the Human Resources Department’s new employee
orientation meetings.
2.11 Additional Information. Upon written request by the Union and no more that
two times per year, the Department shall provide a list of the names and classifications
of employees that are members of this representation unit.
SECTION 3 - NO DISCRIMINATION AND AMERICANS WITH DISABILITIES ACT
(ADA)
There shall be no discrimination because of sex, race, creed, color, national origin,
sexual orientation or union activities against any employee or applicant for employment
by the County or by anyone employed by the County; and to the extent prohibited by
applicable State and Federal law there shall be no discrimination because of age. There
shall be no discrimination against any disabled person solely because of such disability
unless that disability prevents the person from meeting the minimum standards
established for the position, or from carrying out the duties of the position safely.
The County and the Union recognize that the County has an obligation to reasonably
accommodate disabled employees. If by reason of the aforesaid requirement, the
County contemplates actions to provide reasonable accommodation to an individual
employee in compliance with the Americans with Disabilities Act (ADA) which are in
conflict with any provision of this Agreement, the Union will be advised of such
proposed accommodation. Upon request, the County will meet and confer with the
Union on the impact of such accommodation. If the County and the Union do not reach
agreement, the County may implement the accommodation if required by law without
further negotiations. Nothing in this MOU shall preclude the County from taking actions
necessary to comply with the requirements of the ADA.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official representatives of
the Union shall be allowed to attend meetings held by County agencies during regular
working hours on County time as follows:
SECTION 4 - OFFICIAL REPRESENTATIVES
LOCAL NO. 1, CSB-SITE SUPERVISOR -10- 2013-2016
a. If their attendance is required by the County at a specific meeting;
b. If their attendance is sought by a hearing body or presentation of testimony or
other reasons;
c. if their attendance is required for meeting(s) scheduled at reasonable times,
agreeable to all parties, and required to address appeals filed pursuant to
Section 23 – Grievance Procedure of this MOU;
d. they may utilize a reasonable time at each level of the proceedings to assist an
employee to present a grievance – provided the meetings are scheduled at
reasonable times agreeable to all parties;
e. if they are designated as spokesperson or representative of the Union and as
such make representations or presentations at meetings or 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 or his designee, and the County agency calling the
meeting is responsible for determining that the attendance of the particular
employee(s) is required.
f. Union officials shall advise, as far in advance as possible, their immediate
supervisor, or his/her designee, of their intent to engage in union business. All
arrangements for release time shall include the location, the estimated time
needed and the general nature of the union business involved (e.g. grievance
meeting).
4.2 Union Representatives. Official representatives of the Union shall be allowed
time off on County time for meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the Labor Relations Manager or
other management representatives on matters within the scope of representation,
provided that the number of such representatives shall not exceed one (1) without prior
approval of the Labor Relations Manager, and that advance arrangements for the time
away from the work station or assignment are made with the approp riate department
head or designee.
4.3 Release Time for Training. The County shall provide a maximum of sixteen
(16) total hours per year of release time for official representatives of the Union to
attend Union-sponsored training programs.
Requests for release time shall be provided in writing to the Department and County
Human Resources at least fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each request and notify the affected
employee whether such request is approved, within one (1) week of receipt.
SECTION 5 – SALARIES
LOCAL NO. 1, CSB-SITE SUPERVISOR -11- 2013-2016
SECTION 5 – SALARIES
5.1 General Wages. Because employees in the Community Services Bureau Site
Supervisors Unit receive external State and federal funding for their programs, these
employees are not eligible for general cost of living wage adjustments negotiated
between Local One and the County.
A. Effective on April 1, 2014, the base rate of pay for all classifications represented
by the Union will be increased by four percent (4%).
Effective July 1, 2015, the base rate of pay for all classifications represented by
the Union will be increased by three percent (3%).
B. Lump Sum Ratification Payment
1. Permanent Employees. Permanent full-time employees, including project
employees, who meet all of the following criteria will be paid lump sum
ratification payments of seven hundred and fifty dollars ($750) each on
May 10, 2014 and on May 10, 2015. Permanent part -time employees,
including project employees, who meet all of the following criteria will be
paid a prorated lump sum ratification payment. The prorated lump sum
payment for permanent part-time employees will be calculated by
multiplying seven hundred and fifty dollars ($750) by the employee’s
approved position hours (for example: $750 x (20/40)= $375).
Criteria:
a. For the May 10, 2014 payment: The employee must be employed by the
County in a classification represented by the Union on the first day of the
month in which the MOU is adopted by the Board of Supervisors.
b. For the May 10, 2015 payment: The employee must be employed by the
County in a classification represented by the Union on April 1, 2015.
c. Temporary and per diem employees are not eligible for the ratification
payments.
2. Permanent-Intermittent Employees. Permanent-intermittent employees
who meet all of the following criteria will be paid lump sum ratification
payments of two hundred dollars ($200) each on May 10, 2014 and on
May 10, 2015.
Criteria:
a. For the May 10, 2014 payment: The permanent-intermittent employee
must be employed by the County in a classification represented by the
Union and worked in such classification during the month of March 2014.
b. For the May 10, 2015 payment: The permanent-intermittent employee
must be employed by the County in a classification represented by the
Union and worked in such classification during the month of March 2015.
SECTION 5 – SALARIES
LOCAL NO. 1, CSB-SITE SUPERVISOR -12- 2013-2016
3. The employee’s lump sum ratification payment will be subject to the
employee’s required deductions, such as taxes, wage garnishments, and retirement.
5.2 Entrance Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of the position to which the
appointment is made. However, the appointing authority may fill a particular position at
a step above the minimum of the range.
5.3 Certification Rule.
A. Open Employment List. On each request for personnel from an open
employment list, ten (10) names shall be certified. If more than one (1) position is
to be filled in any class in a department at the same time from the same request
for personnel, the number of names to be certified from an open employment list
shall be equal to the number of positions to be filled plus nine (9).
B. Promotional Employment List. On each request for personnel from a promotional
employment list, five (5) names shall be certified. If more than one (1) position is
to be filled in any class in a department at the same time from the same request
for personnel, the number of names to be certified from a promotional
employment list shall be equal to the number of positions to be filled plus four (4).
5.4 Anniversary Dates. Anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) months service; provided however, if an employee began work
on the first regularly scheduled workday of the month, the anniversary date is the
first day of the calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is determined as for
a new employee in Subsection 5.4.A above.
C. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has been
reallocated or reclassified to a class allocated to the same salary range or to a
salary range which is within five percent (5%) of the top step of the previous
classification, remains unchanged.
E. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not required
to serve a probation period is determined in the same way as the anniversary
date is determined for a new employee who is appointed the same date,
SECTION 5 – SALARIES
LOCAL NO. 1, CSB-SITE SUPERVISOR -13- 2013-2016
classification and step, and who then successfully completes the require d
probationary period.
5.5 Increments Within Range. The performance of each employee, except
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in Section 5.4 – Anniversary Dates, to
determine whether the salary of the employee shall be advanced to the next higher step
in the salary range. Advancement shall be granted on the affirmative recommendation
of the appointing authority, based on satisfactory performance by the empl oyee. The
appointing authority may recommend denial of the increment or denial subject to one
additional review at some specified date before the next anniversary, such date to be
set at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within -range increment be granted at
one time. In case an appointing authority recommends denial of the within range
increment on some particular anniversary date, but recommends a special salary review
at some date before the next anniversary, the special salary review shall not affect the
regular salary review on the next anniversary date. Nothing herein shall be construed to
make the granting of increments mandatory on the County. If an operating department
verifies in writing that an administrative or clerical error was made in failing to submit the
documents needed to advance an employee to the next salary step on the first of the
month when eligible, said advancement shall be made retroactive to the first of the
month when eligible.
5.6 Compensation for Portion of Month. Any employee who works less than any
full calendar month, except when on earned vacation or authorized sick leave, shall
receive as compensation for services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to the actual working days in
such employee's normal work schedule for the particular month.
5.7 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic salary
schedule as is the class of the position before it was reclassified, shall be paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent of
a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
SECTION 5 – SALARIES
LOCAL NO. 1, CSB-SITE SUPERVISOR -14- 2013-2016
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 5.8.A above, each incumbent of
a position in the reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In the event that
the steps in the new range do not contain the same rates as the old range, each
incumbent shall be placed at the step of the new range which is next above the
salary rate received in the old range, or if the new range does not contain a
higher step, at the step which is next lower than the salary received in the old
range.
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as, above, or below the salary
range of the employee's previous class, the incumbent shall be placed at the step
in the new class which equals the rate of pay received before reallocation. In the
event that the steps in the range for the new class do not contain the same rates
as the range for the old class, the incumbent shall be placed at the step of the
new range which is next above the salary rate received in the old range; or if the
new range does not contain a higher step, the incumbent shall be placed at the
step which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.9 –
Salary on Promotion.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.11 – Salary on Voluntary Demotion, shall 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
SECTION 5 – SALARIES
LOCAL NO. 1, CSB-SITE SUPERVISOR -15- 2013-2016
next higher step. If however, the employee is being appointed into a class allocated to a
higher salary range than the class from which the employee was laid off, the salary will
be calculated from the highest step the employee achieved prior to layoff, or from the
employee’s current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12 - Transfer, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he/she has been demoted next
lower than the salary received before demotion. In the event this decrease is less than
five percent (5%), the employee's salary shall be adjusted to the step in the new range
which is five percent (5%) less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the c lass from which
he or she demotes, his or her salary shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, new salary shall be set at the step next below
former salary.
5.12 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does not contain a
higher step, the employee shall be placed at the step which is next lower than the salary
received in the old range.
5.13 Pay for Work in Higher Classification. When an employee in this
representation unit is required to work in a classification for which the compensation is
greater than that to which the employee is regularly assigned, the employee shall
receive compensation for such work at the rate of pay established for the higher
classification pursuant to Section 5.9 - Salary on Promotion, at the start of the second
full day in the assignment, under the following conditions. Payment shall be made
retroactive after completing the first forty (40) consecutive hours worked in the higher
classification.
a. The employee is assigned to a program service, or activity established by the
Board of Supervisors which is reflected in an authorized position which has been
established and assigned to the Salary Schedule.
SECTION 5 – SALARIES
LOCAL NO. 1, CSB-SITE SUPERVISOR -16- 2013-2016
b. The nature of the departmental assignment is such that the employee in the
lower classification performs a majority of the duties and responsibilities of the
position of the higher classification.
c. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
d. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher classification
shall not be utilized as a substitute for regular promotional procedures provided
in this Memorandum.
e. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
f. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later re-approved for the same employee within
one hundred eighty (180) days no additional waiting period will be required.
g. Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential) accruing to the employee in his/her regular position shall
continue.
h. During the period of work for higher pay in a higher classification, an employee
will retain his/her regular classification, and anniversary and salary review dates
will be determined by time in that classification; except that if the period of work
for higher pay in a higher classification exceeds one (1) year continuous
employment, the employee, upon satisfactory performance in the higher
classification, shall be eligible for a salary review in that class on his/her next
anniversary date. Notwithstanding any other salary regulations, the salary step
placement of employees appointed to the higher class immediately following
termination of the assignment, shall remain unchanged.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided, however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on 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 t hat it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on or before April 30 or October 31 of
each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
SECTION 6 – DAYS AND HOURS OF WORK
LOCAL NO. 1, CSB-SITE SUPERVISOR -17- 2013-2016
Each election shall become effective on the first day of the month following the deadline
for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section, all required or requested
deductions from salary shall be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
5.15 Pay Warrant Errors. If an employee receives a pay warrant which has an error
in the amount of compensation to be received and if this error occurred as a result of a
mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new warrant issued within forty-eight
(48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department
is made aware of and verifies that the pay warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current pay
rate but that no recovery of either overpayments or underpayments to an employee
shall be made retroactively except for the six (6) month period immediately preceding
discovery of the pay error. This provision shall ap ply regardless of whether the error
was made by the employee, the appointing authority or designee, the Director of Human
Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently
accrued over or underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and proposed repayment
schedule, 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.
SECTION 6 – DAYS AND HOURS OF WORK
6.1 Regular Work Schedule: A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week.
6.2 Workweek For Employees on Regular Work Schedule: For employees who
work the regular work schedule, the workweek begins at 12:01 a.m. on Monday and
ends at 12 midnight on Sunday.
6.3 Automated Timekeeping Implementation: The Union agrees to the
implementation of an Automated Timekeeping System.
6.4 Time Reporting/Time Stamping:
SECTION 7 – ANNUAL ADMINISTRATIVE LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -18- 2013-2016
Temporary and Permanent Intermittent (hourly) employees must timestamp in and out
as they begin their work shifts, finish their work shifts, and take meal pe riods. Salaried
employees will report time off and time worked for special pays on the electronic
timecard.
SECTION 7 – ANNUAL ADMINISTRATIVE LEAVE
Site Supervisors shall continue to be credited with sixty (60) hours of paid administrative
leave each January 1st. This leave time is non -accruable and all balances will be
zeroed-out effective December 31, each year. Employees hired after January 1 shall
have such leave prorated based upon position hours.
This administrative leave is provided in recognition of those situations when Site
Supervisors are expected to work additional hours without receiving overtime pay, such
as when responding to emergencies, attending various meetings and administering the
program.
SECTION 8 –SECTION INTENTIONALLY LEFT BLANK
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
9.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the union and take the following actions:
A. Identify the classification(s) in which position reductions may be required due to
funding reductions or shortfalls.
B. Advise employees in those classifications that position reductions may occur in
their classifications.
C. Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by possible position reductions
when such leaves can be accommodated by the department.
D. Consider employee requests to reduce their position hours from full time to part
time to alleviate the impact of the potential layoffs.
E. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs within
the department, as well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operational alternative for the
department(s).
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
LOCAL NO. 1, CSB-SITE SUPERVISOR -19- 2013-2016
F. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team program (TET) 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 Labor Relations Officer that the
Board of Supervisors may take action which will result in the layoff of employees
in a representation unit, the Labor Relations Officer shall notify the Union of the
possibility of such layoffs and shall meet and confer with the Union regarding the
implementation of the action.
9.2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of funds or for
such other reason(s) as the Board of Supervisors deems sufficient for abolishing
the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inv erse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off, full time employee may displace an
employee in the department having less seniority in the same class who
occupies a permanent part-time position, the least senior employee being
displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who
had completed probation in a class at the same or lower salary level as
determined by the salary schedule in effect at the time of layoff may
displace within the department and in the class of an employee having
less seniority; the least senior employee being displaced first, and so on
with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
LOCAL NO. 1, CSB-SITE SUPERVISOR -20- 2013-2016
1. Permanent part-time employees may displace only employees holding
positions of the same type respectively.
2. A full time employee may displace any part-time employee with less
seniority 1) in the same class or, 2) in a class of the same or lower salary
level if no full time employee in a class at the same or lower salary level
has less seniority than the displacing employees.
3. Former full time employees who have voluntarily become permanent part-
time employees for the purpose of reducing the impact of a proposed
layoff with the written approval of the Director of Human Resources or
designee retain their full time employee seniority rights for layoff purposes
only and may in a later layoff displace a full time employee with less
seniority as provided in these rules.
4. It is understood that Project employees are not covered by the Merit
System and that Project employees cannot displace Merit System
employees.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
the same or higher salary levels as determined by the salary schedule in effect at
the time of layoff. Employees reallocated or transferred without examination from
one class to another class having a salary within five (5%) percent of the former
class shall carry the seniority accrued in the former class into the new class.
Service for layoff and displacement purposes includes only the employee's last
continuous regular County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a position within
the period of layoff eligibility.
Approved leaves of absence as provided for in this MOU shall not constitute a
period of separation. In the event of ties in seniority rights in the particular class
in question, such ties shall be broken by length of last continuous regular County
employment. If there remain ties seniority rights, such ties shall be broken by
counting total time in the department in regular employment. Any remaining ties
shall be broken by random selection among the employees involved.
F. Eligibility for Layoff List. Whenever any person is laid off, has been displaced,
has been demoted by displacement or has voluntarily demoted in lieu of layoff or
displacement, or has transferred in lieu of layoff or displacement, the person's
name shall be placed on the layoff list for the class of positions from which that
person has been removed.
G. Order of Names on Layoff List. First, layoff lists shall contain the names of
persons laid off, displaced, or demoted as a result of a layoff or displacement, or
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
LOCAL NO. 1, CSB-SITE SUPERVISOR -21- 2013-2016
who have voluntarily demoted or transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff seniority in the class from which laid off,
displaced, demoted or transferred on the date of layoff, the most senior person
listed first. In case of ties in seniority, the seniority rules shall apply except that
where there is a class seniority tie between persons laid off from different
departments, the tie(s) shall be broken by length of last continuous regular
County employment with remaining ties broken by random selection among the
employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two
(2) years. Persons placed on layoff lists shall continue on the appropriate list for
a period of four (4) years.
I. Appointment of Persons From Layoff Lists. Layoff lists contain the name(s) of
person(s) laid off, displaced or demoted by displacement or voluntarily demoted
in lieu of layoff or transferred in lieu of layoff or displacement. When a request for
personnel is received from the appointing authority of a department from which
an eligible(s) was laid off, the appointing authority shall receive and appoint the
eligible highest on the layoff list from the department. When a request for
personnel is received from a department from which an eligible(s) wa s 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 emplo yee
held on the day of layoff. Non -Merit employees will be required to meet all Merit
System requirements when seeking appointment to a Merit System job.
J. Removal of Names from Reemployment & Layoff Lists. The Director of Human
Resources may remove the name of any eligible from a reemployment or layoff
list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class.
4. If three (3) offers of appointment to the class for which the eligible list was
established have been declined by the eligible. A single offer is defined as
an offer of all the permanent positions that are available at that time. A
rejection of all of those offered positions constitutes a single declination.
5. If the eligible fails to respond to the Director of Human Resources or the
appointing authority within ten (10) days to written notice mailed to the
person's last known address.
SECTION 9 – WORKFORCE REDUCTION AND LAYOFF
LOCAL NO. 1, CSB-SITE SUPERVISOR -22- 2013-2016
6. If the person on the reemployment or layoff list is appointed to another
position in the same or lower classification, the name of the person shall
be removed.
7. However, if the first appointment of a person on a layoff list is to a lower
class which has a top step salary lower than the top step of the class from
which the person was laid off, the name of the person shall not be
removed from the layoff list.
K. Removal of Names from Reemployment and Layoff List. The Director of Human
Resources may remove the name of any eligible from a reemployment or layoff
list if the eligible fails to respond within five (5) days to a written notice mailed to
the person's last known address.
9.3 Notice. The County will give employees scheduled for layoff at least ten (10)
work days notice prior to their last day of employment.
9.4 Special Employment Lists. The County will establish a Tactical Employment
Team (TET) employment pool which will include the names of all laid off County
employees. The names of employees who remain County employees but who have
been displaced or who have demoted as a result of a layof f or displacement, or who
have voluntarily demoted or transferred in lieu of layoff or displacement will also be
included in the TET employment pool. Special employment lists for job classes may be
established from the pool. Persons placed on a special emp loyment list must meet the
minimum qualifications for the class. An appointment from such a list will not affect the
individual's status on a layoff list(s). The name of any person included in the TET
employment pool shall continue to be in the pool for a period of four (4) years, unless
the employee’s name is removed from the layoff list, which will cause the employee’s
name to be removed from the TET pool as well.
Employees in the TET employment pool shall be guaranteed a job interview for any
vacant funded position for which they meet minimum qualifications. If there are more
than five such employees who express an interest for one vacant funded position, the
five most senior employees shall be interviewed. Seniority for this subsection shall be
County seniority.
9.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full time to part -time status in a layoff, or who voluntarily
reduced their work hours to reduce the impact of layoff, or who accepted a posit ion 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 depar tment'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 statu s 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
SECTION 10 – HOLIDAYS
LOCAL NO. 1, CSB-SITE SUPERVISOR -23- 2013-2016
the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
SECTION 10 – HOLIDAYS
10.1 Holidays Observed. The County will observe the following holidays:
January 1st, known as New Year's Day
Third Monday in January, known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as holidays.
10.2 Floating Holidays. All employees shall accrue four (4) hours of personal holiday
credit per month. Such personal holiday time may be taken in one (1) minute
increments and may not be rounded. No employee may accrue more than forty
(40) hours of personal holiday credit. On separation from County service, the
employee shall be paid for any unused personal holiday credits at the employee's
then current pay rate.
10.3 Holiday is NOT Worked and Holiday Falls on Regularly Scheduled Work
Day:
A. Holidays Observed – Full-Time Employees: Full-time employees on the
regular work schedule are entitled to observe a holida y (eight (8) hours off),
without a reduction in pay, whenever a holiday is observed by the County. Any
holiday observed by the County that falls on a Saturday is observed on the
preceding Friday and any holiday that falls on a Sunday is obs erved on the
following Monday.
For employees who work in twenty-four (24) hour facilities and are assigned to
rotating shifts, any holiday that falls on a Saturday will be observed on a
Saturday, and any holiday that falls on a Sunday will be observed on a Sunday.
B. Holidays Observed – Part-Time Employees: Part-time employees are entitled
to observe a holiday in the same ratio as the number of hours the part -time
employee’s weekly schedule bears to forty (40) hours, without a reduction in pay,
whenever a holiday is observed by the County.
SECTION 11 - VACATION LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -24- 2013-2016
10.4 Provisions for Part-Time Employees and Permanent-Intermittent
Employees - Reopener: The parties will reopen the provisions of Section 10 of this
Memorandum of Understanding for the limited purpose of meeting and conferring to
ensure consistent practices across departments regarding part-time employees and
permanent-intermittent employees.
SECTION 11 - VACATION LEAVE
11.1 Vacation Allowance. Employees covered by this agreement are entitled to
vacation with pay. Accrual is based upon straight time hours of working time per
calendar month of service and begins on the date of appointment to a position.
Increased accruals begin on the first of the month following the month in which the
employee qualifies. Accrual for portions of a month shall be in minimum amounts of one
(1) hour calculated on the same basis as for partial month compensation pursuant to
Section 5 of this MOU. Vacation credits may be taken in one (1) minute increments and
may not be rounded. Vacation may not be taken during the first six (6) months of
employment (not necessarily synonymous with probationary status) except where sick
leave has been exhausted; and none shall be allowed in excess of actual accrual at the
time vacation is taken.
11.2 Vacation Accrual Rates. Employees shall accrue vacation credit as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
A. Vacation Accrual Increases for Employees Hired on and before June 30,
2009:
Employees with a first of the month Service Award Date: Each employee with a
Service Award Date that is on the first day of a month is eligible to accrue increased
vacation hours on his/her Service Award Date.
Example:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reaches 20 years of service on January 1, 2008.
SECTION 11 - VACATION LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -25- 2013-2016
3. January 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s February 10,
2008 pay warrant.
Employees NOT with a first of the month Service Award Date: Each employee
whose Service Award Date is NOT on the first day of a month is eligible to accrue
increased vacation hours on the first day of the month following the employee's Service
Award Date.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s April 10, 2007
pay warrant.
B. Vacation Accrual Increases for Employees Hired on and after July 1, 2009:
Each employee hired on and after July 1, 2009 is eligible to accrue increased vacation
hours on the first day of the month following the employee's Service Award Date.
Example One:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reached 20 years of service on January 1, 2008.
3. February 1, 2008 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s March 10, 2008,
pay warrant.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
SECTION 11 - VACATION LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -26- 2013-2016
3. March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s April 10, 2007, pay
warrant.
C. Service Award Date Defined: An employee’s Service Award Date is the first
day of his/her temporary, provisional, or permanent appointment to a position in
the County. If an employee is first appointed to a temporary or provisional
position and then later appointed to a permanent position, the Service A ward
Date for that employee is the date of the first day of the tempora ry or provisional
appointment.
11.3 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or unpaid military leave shall accrue any vacation credit du ring the
time of such leave, nor shall an employee who is absent without pay accrue vacation
credit during the absence.
11.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
11.5 Vacation Buy Back.
Employees may elect payment of up to one-third (1/3) of their annual vacation accrual,
subject to the following conditions:
(1) the choice can be made only once in each calendar year;
(2) payment shall be based on an hourly rate determined by dividing the employee’s
monthly salary by 173.33; and
(3) the maximum number of hours that may be paid in any calendar year is one -third
(1/3) of the annual accrual.
(4) employees promoted or hired by the County into any classification represented
by Local 1 CSB on and after January 1, 2012 , are not eligible for the Vacation
Buy-Back benefit. However, any employee who was eligible for a Vacation Buy -
Back benefit before promoting into a classification repres ented by Local 1 CSB
will retain that benefit after promoting into a classification represented by Local 1
CSB.
In those instances where a lump-sum payment has been made to employees as a
retroactive general salary adjustment for a portion of the calendar year, which is
subsequent to exercise by an employee of the buy-back provision herein, that
employee’s vacation buy-back shall be adjusted to reflect the percentage difference in
base pay rates upon which the lump-sum payment was computed – provided that the
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -27- 2013-2016
period covered by the lump-sum payment was inclusive of the effective date of the
vacation buy-back.
SECTION 12 - SICK LEAVE
12.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized; it is
not paid time off which employees may use for personal activities.
12.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as prescribed
by County Salary Regulations. Employees who work a portion of a month are entitled to
a pro rata share of the monthly sick leave credit computed on the same basis as is
partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one (1)
minute increments and may not be rounded.
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 re-employed in a regular position within the
period of layoff eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of one (1) day of retirement service credit for each day of
accumulated sick leave credit.
12.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions apply:
Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter,
father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-
in-law, foster children, aunt, uncle, cousin, st epbrother, 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.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -28- 2013-2016
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
evidence submitted by the employee is insufficient, or where the above
conditions have not been met.
c. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain secluded due to exposure to a communicable
disease.
d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is
caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or
recovery therefrom, shall be allowed to utilize sick leave credit to the maximum
accrued by such employee during the period of such disability under the
conditions set forth below:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability from
the employee's attending physician. The statement must address itself to
the employee's general physical condition having considered the nature of
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -29- 2013-2016
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 h er work or that
her general health is impaired due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or recovery therefrom the
employee shall be required to undergo a physical examination by a
physician selected by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the employee for
the duration of the disability.
3. Except as set forth in Section 12.3.h - Baby/Child Bonding, sick leave may
not be utilized after the employee has b een released from the hospital
unless the employee has provided the County with a written statement
from her attending physician stating that her disability continues and the
projected dates of the employee's recovery from such disability.
e. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1. For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time used by an employee for prescheduled medical and
dental appointments for an immediate family member.
f. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
g. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family or of
the employee’s domestic partner, but this shall not exceed three (3) working
days, plus up to two (2) days of work time for necessary travel. Use of additional
accruals including sick leave when appropriate may be authorized in conjunction
with the bereavement leave at the discretion of the appointing authority.
h. Baby/Child Bonding. Upon the birth or adoption of a child, an employee eligible
for baby-bonding leave pursuant to the California Family Rights Act may use sick
leave credits for such baby-bonding leave.
i. Accumulated paid sick leave credits may not be used in the following situations:
1. Vacation. Paid sick leave credits may not be used for an employee's
illness or injury which occurs while he is on vacation but the County
Administrator may authorize it when extenuating circumstances exist and
the appointing authority approves.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -30- 2013-2016
2. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but is
not in pay status.
12.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. The following procedures
apply:
a. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence
prior to the commencement of their work shift or as soon thereafter as
possible. Notification shall include the reason and possible duration of the
absence.
2. Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may reasonably
be imposed regarding specific locations and/or persons the department
may contact to verify the employee's sick leave.
b. Department Responsibilities. The use of sick leave may properly be denied if
these procedures are not followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the sick
leave claim. The department head or designee may make reasonable inquir ies
about employee absences. The department may require medical verification for
an absence of three (3) or more working days. The department may also require
medical verification for absences of less than three (3) working days for probable
cause if the employee had been notified in advance in writing that such
verification was necessary. Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification was
not made in accordance with departmental sick leave call -in guidelines.
These inquiries shall be subject to any restrictions imposed by the
employee under Section 12.4.a.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -31- 2013-2016
2. Obtaining the employee's signature on the Absence/Overtime Reco rd, 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
insure the submission of a time card covering each emp loyee absence and for
operating their respective offices in accordance with these policies and with clarifying
regulations issued by the Office of the County Administrator.
To help assure uniform policy application, the Human Resources Director or designa ted
management staff of the County Human Resources Department should be contacted
with respect to sick leave determinations about which the department is in doubt.
12.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of 1937. An appointing authority may place an employee on
leave if the appointing authority has filed an application for disability retirement
for the employee or whom the appointing authority believes to be temporarily
physically or mentally incapacitated for the performance of the employees ’
duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employees, or the public, or which impair
the employee's performance of duty, may order the employee to undergo at
County expense and on the employee’s paid time, a physical, medical
examination by a licensed physician and/or psychiatric examination by a licensed
physician or psychologist, and receive a report of the findings on such
examination. If the examining physician or psychologist recommends that
treatment for physical or mental health problems, including leave, are in the best
interests of the employee or the County in relation to the employee overcoming
any disability and/or performing his or her duties the appointing authority may
direct the employee to take such leave and/or undergo such treatment.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -32- 2013-2016
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Human Resources Director
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two weeks in duration, the
appointing authority may order the employee to undergo at County expense a
physical, medical, and/or psychiatric examination by a licensed physician, and
may consider a report of the findings on such examination. If the re port shows
that such employee is physically or mentally incapacitated for the performance of
duty, the appointing authority may take such action as he/she deems necessary
in accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, the employee
shall be given notice of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified m ail, containing the following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon which the
action is taken;
5. a statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice) to
respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in
writing may place the employee on a temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven
(7) work days to respond to the appointing authority either orally or in writing
before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the order to
the employee either personally or by certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
SECTION 12 - SICK LEAVE
LOCAL NO. 1, CSB-SITE SUPERVISOR -33- 2013-2016
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
order, appeal the order in writing through the Director of Human Resources to a
Disability Review Arbitrator.
J. In the event of an appeal to the Disability Review Arbitrator, the employee has
the burden of proof to show that either:
1. the physical or mental health condition cited by the appointing authority
does not exist, or
2. the physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's performance of duty, or is not
sufficient to endanger the health or safety of the employee, other
employees, or the public.
K. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and the
employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2. The arbitrator may make his decision based only on evidence submitted
by the County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any period
of leave of absence or suspension if the leave or suspension is found not
to be sustainable, subject to the employee's duty to mitigate damages.
4. The arbitrator's fees and expenses shall be paid one-half by the County
and one-half by the employee or employee's association.
L. It is understood that the benefits specified in Section 12 – Sick Leave, and
Section 13 – Workers’ Compensation and Continuing Pay, shall be coordinated
with the rehabilitation program as determined by the labor -management
committee.
12.6 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid military leave shall accrue any sick leave credits during
the time of such leave nor shall an employee who is absent without pay accrue sick
leave credits during the absence.
SECTION 13 – WORKERS’ COMPENSATION AND CONTINUING PAY
LOCAL NO. 1, CSB-SITE SUPERVISOR -34- 2013-2016
12.7 Confidentiality of Information/Records. Any use of employee medical records
will be governed by the Confidentiality of Medical Information Act (Civil Code Sections
56 to 56.26).
SECTION 13 – WORKERS’ COMPENSATION AND CONTINUING PAY
13.1 Workers’ Compensation. For all accepted workers’ compensation claims filed
with the County on or after January 1, 2000, employees shall r eceive eighty-six percent
(86%) of their regular monthly salary during any period of compensable temporary
disability not to exceed one (1) year. For all accepted claims filed with the County on or
after January 1, 2007, the percentage of regular monthly salary for employees entitled
to Workers’ Compensation shall be decreased from eighty-six percent (86%) to eighty
percent (80%). For all accepted claims filed with the County on or after January 1,
2008, the percentage of regular monthly salary for employees entitled to Workers’
Compensation shall be decreased from eighty percent (80%) to seventy -five percent
(75%). This provision excludes those safety employees. If workers’ compensation
benefits become taxable income, the County will restore the former be nefit level, one
hundred percent (100%) of regular monthly salary and the parties shall meet and confer
with respect to funding the increased cost.
13.2 Waiting Period. There is a three (3) calendar day waiting period before workers’
compensation benefits commence. If the injured worker loses any time on the date of
injury, that day counts as day one (1) of the waiting period. If the injured worker does
not lose time on the date of the injury, the waiting period will be the first three (3)
calendar days following the date of the injury. The 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.
13.3 Continuing Pay. Eligible employees who are members of this representation
unit shall receive the appropriate percentage of regular monthly salary during any period
of compensable temporary disability not to exceed one year. Payment of continuing pay
and/or temporary disability compensation shall be made in accordance with Part 2,
Article 3 of the Workers’ Compensation Laws of California. “Compensable temporary
disability absence” for the purpose of this Section, is any absence due to work -
connected disability which qualifies for temporary disability compensation as set forth in
Part 2, Article 3 of the Workers’ Compensation Laws of California . When any disability
becomes medically permanent and stationary and/or reaches maximum medical
improvement, the salary provided by this Section shall terminate. No char ge 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 p ay benefits for
any one injury or illness.
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
LOCAL NO. 1, CSB-SITE SUPERVISOR -35- 2013-2016
Continuing pay begins at the same time that temporary workers’ compensation benefits
commence and continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical improvement, or until one (1)
year of continuing pay, whichever comes first, provided the employee remains in an
active employed status. Continuing pay is automatically terminated on the date an
employee is separated from County service by resignation, retirement, layoff, or the
employee is no longer employed by the County. In these instances, employees will be
paid workers’ compensation benefits as prescribed by workers’ compensation laws. All
continuing pay will be cleared through the County Administrator’s Office, Risk
Management Division.
13.4 Physician Visits. Whenever an employee who has been injured on the job and
has returned to work is required by an attending physician to leave work for treatment
during working hours, the employee shall be allowed time off - up to three (3) hours - for
such treatment, without loss of pay or benefits provided the employee notifies his
supervisor of the appointment at least three (3) working days prior to the appointment or
as soon as the employee becomes aware the appointment has been made. Said visits
are to be scheduled contiguous to either the beginning or end of the scheduled workday
whenever possible. This provision applies only to injuries/illnesses that have been
accepted by the County as work related.
13.5 Applicable Pay Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one (1) year, applicable salary will continue by integrating
sick leave and/or vacation accruals with Workers’ Compensation benefits. If salary
integration is no longer available, Workers’ Compensation benefits will be paid directly
to the employee as prescribed by Workers’ Compensation laws.
13.6 Rehabilitation Integration. An injured employee who is eligible for Workers’
Compensation Rehabilitation Temporary Disability benefits and whose disability is
medically permanent and stationary and/or reaches maximum medical improvement,
will continue to receive applicable salary by integrating sick leave and/or vacation
accruals with Workers’ Compensation Rehabilitation Temporary Disability benefits until
those accruals are exhausted. Thereafter, the rehabilitation Temporary Disability
benefits will be paid directly to the employee.
13.7 Health Insurance. The County contribution to the employee’s group insurance
plan(s) continues during the continuing pay period and during integration of sick leave
or vacation with workers’ compensation benefits.
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
14.1 General Provisions. The California SDI program provides disability benefits
beginning on the eighth (8th) calendar day of a qualifying disability unless the employee
is hospitalized. Upon hospitalization, benefits can be payable from the first day of the
disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable
from the first day of the disability. The maximum period of state disability payments is up
SECTION 14 - STATE DISABILITY INSURANCE (SDI)
LOCAL NO. 1, CSB-SITE SUPERVISOR -36- 2013-2016
to one (1) year. Determination of SDI payments and eligibility to receive payments is at
the sole discretion of the State of California.
Integration means that employees will be required to use sick leave accruals to
supplement the difference between the amount of the SDI payment and the employee's
base monthly salary. Integration of sick leave with the SDI benefit is automatic and
cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI,
the department will make appropriate integration adjustments, including retroactive
adjustments if necessary. Employees must inform their department of hospitalizati on in
a timely manner in order for the department to make appropriate integration
adjustments. State Disability benefit payments will be sent directly to the employees at
their home address by the State of California.
When there are insufficient sick leave accruals available to fully supplement the
difference between the SDI payment and the employee's base monthly salary, accruals
other than sick leave may be used. These accruals may be used only to the extent that
total payments do not exceed the employee's base monthly salary.
14.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual
usage with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the department shall automatically use 0.1 hour of sick
leave per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration with the SDI benefit
terminates. An employee may use any other accruals without reference to or integration
with the SDI benefit.
When the SDI benefit is exhausted, sick leave integration terminates. Then the
employee may use sick leave or other accruals.
Employees with no sick leave balance at the beginning of the disability integration
period may use any other accruals without reference to or integration with the SDI
benefit.
Employees whose SDI claims are denied must present a copy of their claim denial to
their department. The department will then authorize use of unused sick leave and shall
authorize the use of other accruals as appropriate.
Employees may contact the Human Resources Department, Benefits Division, for
assistance in resolving problems.
14.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick
leave, the employee's sick leave accrual charges while receiving SDI benefits shall be
calculated each month.
SECTION 15 – CATASTROPHIC LEAVE BANK
LOCAL NO. 1, CSB-SITE SUPERVISOR -37- 2013-2016
The amount of sick leave charged each employee will be calculated in the following
manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to
the daily hours in the employee's schedule and that number of sick leave hours will be
charged against the employee's sick leave accruals.
For purposes of integration with the SDI program, all full -time employees' schedules will
be converted to 8-hour/5-day weekly work schedules during the period of integration.
The formula for full-time employees' sick leave integration charges is shown below:
L = [(S-D) S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos)
Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Est. Monthly SDI Benefit [D = (W 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees, and those full-time employees
working a light/limited duty reduced schedule program shall have their sick leave
integration adjusted accordingly.
14.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is
defined as the salary amount for the employee's step on the salary schedule for the
employee's permanent classification as shown in the "Salary" field on the On-Line
Payroll Time Reporting System used by departments for payroll reporting purposes.
14.5 Election and Practice. Upon election by the membership, all employees in this
representation unit shall participate in the State Disability Insurance Program. The
aforementioned benefits will then be administered in the same fashion as other Local
One units within the County and pursuant to the practice established by the County.
SECTION 15 – CATASTROPHIC LEAVE BANK
15.1 Program Design. The County Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition
of the employee or family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes to contribute may authorize that a
portion of his/her accrued vacation, compensatory time, holiday compensatory time or
floating holiday be deducted from those account(s) and credited to the Catastrophic
Leave Bank. Employees may donate hours either to a specific eligible employee or to
SECTION 15 – CATASTROPHIC LEAVE BANK
LOCAL NO. 1, CSB-SITE SUPERVISOR -38- 2013-2016
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
status for a longer period of time, thus partially ameliorating the financial impact of the
illness, injury, or condition.
Catastrophic illness or injury is defined as a critical medical condition, a long -term major
physical impairment or disability which manifests itself during employment.
15.2 Operation. The plan will be administered under the direction of the Human
Resources Director. The Human Resources Department will be responsible for
receiving and recording all donations of accruals and for initiating transfer of credits
from the Bank to the recipient's sick leave account. Disbursement of accruals will be
subject to the approval of a six (6) member committee composed of three (3) members
appointed by the County Administrator and three (3) members appointed by the majority
representative employee organizations. The committee shall meet as necessary to
consider all requests for credits and shall make determinations as to the
appropriateness of the request. The committee shall determine the amount of accruals
to be awarded for employees whose donations are non -specific. Consideration of all
requests by the committee will be on an anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to a r ecipient will be in the form of
sick leave accruals and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must be a member of this
representation unit, must have exhausted all time off accruals to a level bel ow eight (8)
hours total, have applied for a medical leave of absence and have medical verification
of need.
Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less than four
(4) hours per donations from balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time accounts. Employees who elect to
donate to a specific individual shall have seventy-five percent (75%) of their donation
credited to the individual and twenty-five percent (25%) credited to the Catastrophic
Leave Bank.
Time donated will be converted to a dollar value and the dollar value will be converted
back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All computations will be on a standard one
hundred seventy three and thirty three hundredths (173.33) basis, except that
employees on other than a forty (40) hour week will have hours prorated according to
their status.
Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred twenty
(120) hours per calendar year.
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB-SITE SUPERVISOR -39- 2013-2016
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,
on an anonymous basis, those who will receive benefits, except for hours donated to a
specific employee. In the event a donation is made to a specific employee and the
committee determines the employee does not meet the Catastrophic Leave Bank
criteria, the donating employee may authorize the hours to be donated to the bank or
returned to the donor’s account. The donating employee will have fourteen (14)
calendar days from notification to submit his/her decision regarding the status of their
donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to the Catastrophic Leave
Bank.
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee represented by this unit may be granted a
leave of absence without pay upon written request, approved by the appointing
authority; provided, however, that leaves for pregnancy, pregnancy disability, seriou s
health conditions, and family care shall be granted in accordance with applicable State
and Federal law.
16.2 General Administration - Leaves of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resour ces and shall
state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's usefulness
on return to the position;
5. for other reasons or circumstances acceptable to the appointing authority.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB-SITE SUPERVISOR -40- 2013-2016
foreseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The procedure
in granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
D. Nevertheless, a leave of absence for the employee's serious health condition or
for family care (FMLA) shall be granted to an employee who so requests it for up
to eighteen (18) weeks during a “rolling” twelve (12) month period measured
backward from the date the employee uses his/her FMLA leave in accordance
with Section 16.5 below.
E. Whenever an employee who has been granted a leave without pay desires to
return before the expiration of such leave, the employee shall submit a request to
the appointing authority in writing at least fifteen (15) days in advanc e of the
proposed return. Early return is subject to prior approval by the appointing
authority. The Human Resources Department shall be notified promptly of such
return.
F. Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, disability, or serious health condition, the decision of the
appointing authority on granting or denying leave or early return from leave shall
be subject to appeal to the Human Resources Director and not subject to appeal
through the grievance procedure set forth in this MOU.
16.3 Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without pay
(pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for
any one period. Longer pre-authorized absences without pay are considered leaves of
absence without pay. Employees who take furlough time shall have their compensation
for the portion of the month worked computed in accord with Section 5.6 -
Compensation for Portion of Month of this MOU. Full time and part-time employees who
take furlough time shall have their vacation, sick leave, floating holiday, and any other
payroll computed accruals computed as though they had wo rked the furlough time.
When computing vacation sick leave, floating holiday, and other accrual credits for
employees taking furlough time, this provision shall supersede Section 11.3 – Vacation
Accrual During Leave Without Pay, Section 12.2 – Credits To and Charges Against Sick
Leave, Section 12.6 – [Sick Leave] Accrual During Leave Without Pay, and Section 16.1
– [Leave of Absence] Leave Without Pay of this MOU regarding the computation of
vacation, sick leave, floating holiday, and other accrual credits as regards furlough time
only. For payroll purposes, furlough time (absence without pay with prior authorization
of the appointing authority) shall be reported separately from other absences without
pay to the Auditor-Controller. The existing Voluntary Time Off program shall be
continued for the life of the contract.
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB-SITE SUPERVISOR -41- 2013-2016
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 his/her position
provided such still exists and the employee is otherwise qualified, without any loss of
standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff o r promotional
examination, time on military leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable d ischarge as
the Director of Human Resources may deem necessary.
16.5 Family Care Leave or Medical Leave. Upon request to the appointing authority,
in a “rolling” twelve (12) month period measured backward from the date the employee
uses his/her FMLA leave, any employee who has permanent status shall be entitled to
at least eighteen (18) weeks leave (less if so requested by the employee) for:
A. medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position;
or
B. family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness or
health condition of a child, parent, spouse, or domestic partner of the employee.
16.6 Certification. The employee may be asked to provide certification of the need
for family care leave or medical leave. Additional pe riod(s) of family care or medical
leave may be granted by the appointing authority.
16.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in
broken periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations surrounding the
request for leave. The eighteen (18) weeks may include use of appropriate available
paid leave accruals when accruals are used to maintain pay status, but use of such
accruals is not required beyond that specified in Section 16.12 below. When paid leave
accruals are used for a medical or family care leave, such time shall be counted as a
part of the eighteen (18) week entitlement.
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB-SITE SUPERVISOR -42- 2013-2016
16.8 Aggregate Use for Spouse. In the situation where husband and wife are both
employed by the County, the family care of medical leave entitlement based on the
birth, adoption or foster care of a child is limited to an aggregate for both employees
together of eighteen (18) weeks during a “rolling” twelve (12) month period measured
backward from the date the employee uses his/her FMLA leave . Employees requesting
family care leave are required to advise their appointing authority(ies) when their
spouse is also employed by the County.
16.9 Definitions. For medical and family care leaves of absence under this section,
the following definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or
a child who is under eighteen (18) years of age for whom an empl oyee stands in
loco parentis or for whom the employee is the guardian or conservator, or an
adult dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a step -parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom
the employee is not related and with whom the employee reside s 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 period of treatment or supervision;
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB-SITE SUPERVISOR -43- 2013-2016
5. if for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist in their recovery, and
its expected duration.
G. Certification for Medical Leave: A written communication from a health care
provider of an employee with a serious health condition or illness to the
employer, which need not identify the serious health condition involved, but shall
contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of the
employee's job;
4. if for intermittent leave or a reduced work schedule leave, the certification
should indicate the medical necessity for the intermittent leave or reduced
leave schedule and its expected duration.
H. Comparable Positions: A position with the same or similar duties and pay which
can be performed at the same or similar geographic location as the position held
prior to the leave. Ordinarily, the job assignment will be the same duties in the
same program area located in the same city, although specific clients, caseload,
co-workers, supervisor(s), or other staffing may have changed during an
employee's leave.
16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 12.3.D - Sick Leave Utilization for Pregnancy Disability, that time will not
be considered a part of the eighteen (18) week family care leave period.
16.11 Group Health Plan Coverage. Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in Section 16.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 16.5 above, the County w ill
continue its contribution for such health plan coverage even if accruals are not available
for use to maintain pay status as required under Section 16.12. In order to maintain
such coverage, employees are required to pay timely the full employee contri bution to
maintain their group health plan coverage, either through payroll deduction or by paying
the County directly.
16.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using available sick leave (if so entitled under Section 12.3 - Policies
SECTION 16 - LEAVE OF ABSENCE
LOCAL NO. 1, CSB-SITE SUPERVISOR -44- 2013-2016
Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may be "broken" into segments and
accruals used on a monthly basis at the employee's discretion. After the first
twelve (12) months, the leave period may not be "broken" into segments and
accruals may not be used, except when required by LTD Benefit Coordination or
State Disability Insurance/Sick Leave Integration under Section 14 – State
Disability Insurance (SDI) or as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved
medical or family care leave, if a portion of that leave will be on a leave of
absence without pay, the employee will be required to use at least 0.1 hour of
sick leave (if so entitled under Section 12.3 - Policies Governing the Use of Paid
Sick Leave), vacation floating holiday, or other accruals or entitlements if such
are available, although use of additional accruals is permitted under subsection
A. above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible
employee who files an LTD claim and concurrently takes a leave of absence
without pay will be required to use accruals as provided in Section B herein
during the eighteen (18) week entitlement period of a medical leave specified
above. If an eligible employee continues beyond the eighteen (18) weeks
entitlement period on a concurrent leave of absence/LTD claim, the employee
may choose to maintain further pay status only as allowed under subsection A.
herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 12.3 - Policies Governing the Use of Paid Sick Leave.
16.13 Leave of Absence Replacement and Reinstatement. Any employee that is a
member of this representation unit, who requests 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 an employee, the provisions of Section 9 - Workforce Reduction and
Layoff, shall apply.
16.14 Reinstatement From Family Care Medical Leave. In the case of a family care
or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than ninety (90) work days of
leave from the initial date of a continuous leave, including use of ac cruals, or within the
equivalent on an alternate work schedule. A full time employee taking an intermittent or
reduced work schedule leave shall be reinstated to the same or comparable position if
the return to work on a full schedule is after no more than seven hundred twenty (720)
hours, including use of accruals, of intermittent or reduced schedule leave. At the time
the original leave is approved, the appointing authority shall notify the employee in
writing of the final date to return to work, or the maximum number of hours of leave, in
order to guarantee reinstatement to the same or comparable position. An employee on
SECTION 17 – JURY DUTY AND WITNESS DUTY
LOCAL NO. 1, CSB-SITE SUPERVISOR -45- 2013-2016
a schedule other than 5/40 shall have the time frame for reinstatement to the same or
comparable position adjusted on a pro rata basis.
16.15 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
preceding year, shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military
leave.
16.16 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authority, or at the expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
SECTION 17 – JURY DUTY AND WITNESS DUTY
17.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
If summoned for jury duty in a Superior, Federal Court, or a Coroners jury, employees
may remain in their regular County pay status, or they may take paid leave (vacation,
floating holiday, etc.) or leave without pay and retain all fees and expenses paid to
them.
When an employee is summoned for jury duty selection or is selected as a juror in a
Superior or Federal Court, employees m ay 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 department where it will be retaine d 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.
SECTION 18 - PROBATIONARY PERIOD
LOCAL NO. 1, CSB-SITE SUPERVISOR -46- 2013-2016
Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their ability
to properly serve as jurors.
An employee on short notice standby to report to court, whose job duties make short
notice response impossible or impractical, shall be given alternate work assignments for
those days to enable them to respond to the court on short notice.
17.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to them,
other than mileage allowance, or they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave wit hout pay and
retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in Section 17.1 of this MOU. Employees shall advise their department
as soon as possible if scheduled to appear for witness duty.
SECTION 18 - PROBATIONARY PERIOD
Appointments of employees within this representation unit, for original entrance and
promotion, shall be subject to a probationary period commencing on the date of
appointment. For original entrance appointments, the probationary period shall be nine
(9) months in duration. For promotional appointments, the probationary period shall be
six (6) months.
The probationary period shall not include time served in temporary or provisional
appointments or any period of continuous leave of absence without pay or period of
work-connected disability exceeding fifteen (15) calendar days. When the probationary
period for a class is changed, only new appointees to positions in the classification shall
be subject to the revised probationary period.
The regular appointment of a probationary employee will begin on the day following the
end of the probationary period. A probationary employee may be rejected at any time
during the probation period without regard to the Skelly provisions of this Memorandum,
without notice and without right of appeal or hearing, except as provided in Section
20.5.A. If a clerical or administrative error delays a probationary report and it is
determined that it was the intent of the appointing authority to retain the probationer, the
employee affected will not suffer any loss of pay or benefits.
An employee rejected during the probation period from a position to which the employee
had been promoted or transferred from an eligibl e list, shall be restored to a position in
the department from which the employee was promoted or transferred.
SECTION 19 - PROMOTION
LOCAL NO. 1, CSB-SITE SUPERVISOR -47- 2013-2016
An employee who is laid off during probation, if reemployed in the same class by the
department, shall be required to complete only the balance of the required probation. If
reemployed in another classification, the employee shall serve a full probationary
period.
During the probationary period, employees are subject to termination by the appointing
authority without cause and without right of appeal or compliance with Section 22 –
Dismissal, Suspension, Reduction in Pay, and Demotion, or Section 23 – Grievance
Procedure, of this MOU.
SECTION 19 - PROMOTION
19.1 Competitive Examination. Promotion shall be by competitive examination
unless otherwise provided in this MOU.
19.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
19.3 Open Exams. If an examination for one of the classes represented by the Union
is proposed to be announced on an open only basis, the Director of Human Resources
shall give five (5) days prior notice of such proposed announcement and shall meet at
the request of the Union to discuss the reasons for such open announcement.
SECTION 20 – VACANCIES AND REASSIGNMENT
20.1 Reassignment of Work Location. Employees desirous of reassignment to a position in
the same classification at another work location shall submit a request for reassignment in
writing to the Department Head. When openings occur in various work locations, requests for
reassignment will be reviewed with consideration given to various factors including but not
limited to distance of employee's residence from desired work location and relative length of
service of the applicants for a particular location. The Department Head or designated
representative shall make the sole determination as to assignment of personnel. This provision
applies to intradepartmental reassignments only. In no event shall reassignments be utilized for
disciplinary purposes. Involuntary transfer or reassignment shall include a mandatory thirty (30)
day notice.
20.2 Vacancies. The Department agrees to post all vacancies for at least seven (7)
calendar days to provide employees the opportunity to express interest in, and apply
for, said vacancies. The Department Head or designated representative shall make the
sole determination as to assignment of personnel.
SECTION 21 – RESIGNATIONS
LOCAL NO. 1, CSB-SITE SUPERVISOR -48- 2013-2016
SECTION 21 – RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and shall indicate the effective
date of termination.
21.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
21.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave; and
b. Five (5) more consecutive work days have elapsed since the County mailed a
notice of resignation by the appointing authority to the employee at the
employee's last known address.
c. The letter to the employee will include a document that gives the employee the
option of authorizing the County to provide his/her union with a copy of the
constructive resignation letter. If the employee signs the authorization document
and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the constructive resignation letter to the
employee’s union, as authorized.
21.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative on that date or another date specified. An employee
who resigns without advance notice as set forth in Section 21 .1, may seek recession of
the resignation and reinstatement by delivering an appeal in writing to the Human
Resources Director not later than close of business on the third (3rd) calendar day after
the resignation is effective. Within five (5) work days of receipt of the appeal, the Human
Resources Director shall consider the appeal and render a final and binding decision
including, if applicable, the date of reinstatement.
21.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
21.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
LOCAL NO. 1, CSB-SITE SUPERVISOR -49- 2013-2016
expression, by serving written notice on the Director of Human Resources and a
copy to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee
could have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day following the appointing
authority's acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal under the grievance
procedure contained in Section 23 of the MOU, beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the resignation
was coerced, the resignation shall be deemed revoked and the employee
returned to duty effective on the day following the decision but without loss of
seniority or pay, subject to the employee's duty to mitigate damages.
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
22.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in pay
may not exceed five percent (5%) for a three (3) month period. The following are
sufficient causes for such action; the list is indicative rather than inclusive of restrictions
and dismissal, 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 County or Department into disrepute.
d. Disorderly or immoral conduct.
e. Incompetence or inefficiency.
f. Insubordination.
g. Being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises.
h. Neglect of duty (i.e. non-performance of assigned responsibilities).
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
LOCAL NO. 1, CSB-SITE SUPERVISOR -50- 2013-2016
i. Negligent or willful damage to public property or waste of public supplies or
equipment.
j. Violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head.
k. Willful violation of any of the provisions of the County’s ordinance or the
Personnel Management Regulations.
l. Material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment.
m. Misappropriation of County funds or property.
n. Unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU.
o. Dishonesty or theft.
p. Excessive or unexcused absenteeism and/or tardiness.
q. Sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile working
environment.
22.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend
for more than three (3) work days, temporarily reduce the pay of, or demote an
employee, the appointing authority sh all 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 grou nds upon which
the action is based.
c. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
d. A statement that the employee may review and requ est copies of materials upon
which the proposed action is based.
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
LOCAL NO. 1, CSB-SITE SUPERVISOR -51- 2013-2016
e. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
In addition to the Notice of Proposed Action, the appointing authority will serve the
employee with a document that gives the employee the option of authorizing the County
to provide his/her union with a copy of the Notice of Proposed Action. If the employee
signs the authorization document and returns it to the a ppointing authority, the
appointing authority will thereafter, within one work day, provide a copy of the
employee’s Notice of Proposed Action to his/her union, as authorized.
In addition to the Order and Notice, the appointing authority will serve the em ployee with
a document that gives the employee the option of authorizing the County to provide
his/her union with a copy of the Order and Notice. If the employee signs the
authorization document and returns it to the appointing authority, the appointing
authority will thereafter, within one work day, provide a copy of the employee’s Order
and Notice to his/her union, as authorized.
22.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during an extension, the right to respond is lost.
22.4 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
22.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
calendar days unless ordered by an arbitrator or an adjustment board.
22.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or
Demotion.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or
demote an employee after having complied with the requirements of Section 22.2
where applicable, the appointing authority shall make an order in writing stating
specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, temporary reduction in
pay, or demotion shall be filed with the Director of Human Resource s, showing
by whom and the date a copy was served upon the employee to be dismissed,
suspended, temporarily reduced in pay, or demoted, either personally or by
certified mail to the employee's last known mailing address. The order shall be
effective either upon personal service or deposit in the U.S. Postal Service.
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB-SITE SUPERVISOR -52- 2013-2016
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, temporary reduction in pay, or demotion through the procedures of
Section 23 - Grievance Procedure of this MOU provided that such appeal is filed
in writing with the Director of Human Resources within ten (10) calendar days
after service of said order.
22.7 Employee Representation Rights. The County recognizes an employee’s right
to representation during an investigatory interview or meeting that may result in
discipline. The County shall not interfere with the representative’s right to assist an
employee to clarify the facts during the interview. If the employee requests a union
representative, the investigatory interview shall be temporarily recessed for a
reasonable period of time until a union representative can be present. For those
interviews, which by nature of the incident must take place immediately, the union will
take reasonable steps to make a union representative immediately available.
The employer shall inform the employee of the general nature of the investigation at the
time the employer directs the employee to be interviewed.
SECTION 23 - GRIEVANCE PROCEDURE
23.1 Definition and Procedure. A grievance is any dispute which involves the
interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU which 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. 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 or designee, who shall meet with the
grievant within five (5) work days of receipt of a written request to hold such meeting.
Grievances challenging suspensions, reductions in pay, demotions and termina tions
may be filed at Step 3 within the time frame set forth above.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may
submit the grievance in writing within ten (10) work days to such management official as
the Department Head may designate. This formal written grievance shall state which
provision of the MOU has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's detriment, and the redress
he or she seeks. A copy of each written communication on a grievance shall be filed
with the Director of Human Resources. The Department Head or his or her designee
shall have ten (10) work days in which to respond to the grievance in writing. If either
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB-SITE SUPERVISOR -53- 2013-2016
the union or grievant request a meeting with the Department Head or his/her designee
at this step, such a meeting will be held.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the union may
appeal in writing within ten (10) work days to the Director of Human Resources. The
Director of Human Resources or his/her designee shall have twenty (20) work days in
which to investigate the merits of the complaint and to meet together at the same time
with the Department Head or his/her designee, the grievant, and the union. For
grievances involving interpretation of this MOU, the Director of Human Resources or
his/her designee will decide the grievance on its merits and provide the grievant, the
union, and the Department with a written decision within fifteen (15) workdays of the
date of the Step 3 Meeting, unless more time is granted by mutual agreement.
For grievances involving appeals from disciplinary action, the Director of Human
Resources or designee will attempt to resolve the grievance. In the eve nt that the
grievance is not resolved, the Director of Human Resources or designee will provide
written notice of that fact to the grievant, the union, and the Department within fifteen
(15) workdays of the date of the Step 3 meeting, unless more time is g ranted by mutual
agreement.
Step 4 Mediation. Grievances regarding discipline involving suspensions, demotions,
or reduction in pay will proceed directly to Step 5 - Expedited Board of Adjustment, at
the request of the Union. No grievance may be process ed under this Section which has
not first been filed and investigated in accordance with Step 3 above. If the parties are
unable to reach a mutually satisfactory accord on any grievance that is presented at
Step 3 the union may appeal the grievance and re quest mediation in writing to the
Director of Human Resources or designee within ten (10)work days of the date of the
written response at Step 3.
This step of the grievance procedure may be waived by the written mutual agreement of
the parties.
Step 5 Arbitration. If the parties are unable to reach a resolution of the grievance at
Step 4, either the Union or the County, whichever is the moving party, may require that
the grievance, except those referred to in Section 2 3.2 below, be referred to an impartial
arbitrator who shall be designated by mutual agreement between the Union and the
Human Resources Director. Such request shall be submitted within twenty (20) work
days of the completion of mediation at Step 4. Within twenty (20) work days of the
request for arbitration the parties shall mutually select an arbitrator who shall render a
decision within thirty (30) work days from the date of final submission of the grievance
including receipt of the court reporter's transcript and post-hearing briefs, if any. The
fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by
the Union and the County. Each party, however, shall bear the costs of its own
presentation, including preparation and post hearing briefs, if any.
23.2 Step 5. Expedited Board of Adjustment. If the County and the Union are
unable to reach a mutually satisfactory accord on any grievance of discipline involving
suspensions, demotions, or reduction in pay that arises and is presented during the
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB-SITE SUPERVISOR -54- 2013-2016
term of this MOU, such grievance may be submitted to the Expedited Board of
Adjustment (EBA) in writing in accordance with the procedures below. No grievance
may be processed under this Section that has not first been filed and processed in
accordance with Step 3 of the Grievance Procedure and delivered to the Director of
Human Resources within ten (10) work days of the date of the Step 3 written response
by the Director of Human Resources or his/her designee. By agreement of the Union
and the Director of Human Resources or his/her designee, grievances concerning
contract interpretation may also be presented to the EBA. All grievances submitted to
the EBA will be resolved in accordance with the following procedures:
Expedited Board of Adjustment (EBA)
a.The EBA will be composed of two (2) union representatives from the unions
participating in the EBA process, no more than one (1) of whom may be an
employee of the County, two (2) management members named by the County,
and an impartial arbitrator. The Unions and the County will each appoint three (3)
alternates who will serve as the voting members of the Board if a member(s)
is/are not available. A Union Alternate from a different Union will serve as the
voting member when the appointed Union Board member is from the same Union
as the grievant and a County Alternate will serve as a voting member when a
County Board member is from the same Department as the grievant. Each Board
member will serve for a twelve (12) month term except that one member and one
alternate initially appointed by each side will serve a six (6) month term so that
Board member terms are staggered.
b.The County and the Coalition Unions (hereafter “parties”) will choose an impartial
arbitrator to serve as the fifth (5) member of the EBA and serve as a tie-breaker
when the EBA is deadlocked. The parties will select the Arbitrator by forwarding
a list of individuals acceptable to a party to the other party. The parties will
continue this process until an impartial arbitrator is selected. The Arbitrator will
serve a one year term, or longer, as agreed to by the parties in writing. However,
the Arbitrator may be replaced at any time by agreement between the parties.
The Arbitrator will render an immediate decision if the Board is deadlocked. All
decisions rendered by the EBA are final and binding upon the Employer, the
Union, and the employee, to the extent provided by law.
c. Decisions rendered by the EBA must be within the scope of, and may not vary
from, the express written terms of this Memorandum of Understanding.
d.The Union and the County will each pay one-half (1/2) of the arbitrator’s fees and
costs. If a majority of the EBA approves the services of a court reporter and/or
other special services, the Union and the County will each pay one-half (1/2) of
such expenses.
Procedures
A. The EBA will convene on the fourth (4th) Wednesday of each month unless
otherwise scheduled by mutual agreement.
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB-SITE SUPERVISOR -55- 2013-2016
B. The EBA will develop and adopt written rules of procedure to govern the conduct
of hearings by a majority vote.
C. Unless the EBA agrees otherwise by majority action, it will remain in session until
all grievances on the agenda have been heard.
D. All grievances that are received by the Director of Human Resources at least ten
(10) working days prior to the next scheduled session of the EBA will be placed
on the agenda for the next regular meeting. By majority vote, the EBA may upon
request of the Union or the County waive this provision.
E. Upon the request of the Union or the County, a continuance of a grievance will
be granted until the next session.
F. Licensed Attorneys will not participate as Board members, advocates, or
advisors in Board hearings unless the attorney is also a union business agent or
Human Resources staff.
G. Meetings will be convened at a central location agreed to by the Unions and the
County.
H. Materials to be presented at the EBA will not be shared with the Board members
in advance of convening the Board.
23.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment.
A. Decisions of Arbitrators and the Expedited Board of Adjustment, on matters
properly before them, are final and binding on the parties hereto, to the extent
permitted by law.
B. No Arbitrator or Expedited Board of Adjustment may entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a position
in a unit represented by the Union which has been certified as the recognized
employee organization for such unit and under such dispute falls within the
definition of a grievance as set forth in Subsection 23.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend,
or terminate this MOU, nor any matter or subject arising out of or in connection
with such proposals, may be referred to arbitration under this Section. No
Arbitrator or Expedited Board of Adjustment has the power to amend or modify
this MOU or written agreements supplementary hereto or to establish any new
terms or conditions of employment.
D. If the Director of Human Resources, pursuant to the procedures outlined in Step
3 above or Step 4 above resolves a grievance which involves suspension or
discharge, they may agree to payment for lost time or to reinstatement with or
without payment for lost time.
E. No change in this MOU or interpretations thereof (except interpretations resulting
from arbitration or Expedited Board of Adjustment proceedings hereunder) will be
recognized unless agreed to by the County and the Union.
SECTION 23 - GRIEVANCE PROCEDURE
LOCAL NO. 1, CSB-SITE SUPERVISOR -56- 2013-2016
23.4 Time Limits. The time limits specified above may be waived by mutual
agreement of the parties to the grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will automatically move to the next
step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the
grievance will be deemed to have been settled and withdrawn.
23.5 Union Notification. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Union, but is not represented by
the Union in the grievance, shall give the Union a copy of the formal presentation.
23.6 Compensation Complaints. All complaints involving or concerning the payment
of compensation shall be initially filed in writing with the Director of Human Resources.
Only complaints which allege that employees are not being compensated in accordance
with the provisions of this MOU shall be considered as grievances. Any other matters of
compensation are to be resolved in the meeting and conferring process, if not detailed
in the MOU which results from such meeting and conferring process shall be deemed
withdrawn until the meeting and conferring process is next opened for such discussion.
No adjustment shall be retroactive for more than s ix (6) months from the date upon
which the complaint was filed.
23.7 Strike/Work Stoppage. During the term of this MOU, the Union, its members
and representatives, agree that it and they will not engage in, authorize, sanction, or
support any strike, slowdown, stoppage of work, sick-out, or refusal to perform
customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises his or her supervisor as soon as
possible, and provided further that an employee may be required to cross a picket line
where the performance of his or her duties is of an emergency nature and/or failure to
perform such duties might cause or aggravate a danger to public health or safety.
23.8 Merit Board.
A. All Grievances of employees in representation units represented by the Union
shall be processed under Section 2 3 unless the employee elects to apply to the
Merit Board on matters within its jurisdiction.
B. No action under Steps 3, 4 and 5 of Subsection 2 3.1 above shall be taken if
action on the complaint or grievance has been ta ken by the Merit Board, or if the
complaint or grievance is pending before the Merit Board.
23.9 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of this MOU.
23.10 Disqualification From Taking an Exam. If disqualified from taking an
examination, an employee may utilize the appeal process specified in the Personnel
SECTION 24 – SPECIAL PROVISIONS
LOCAL NO. 1, CSB-SITE SUPERVISOR -57- 2013-2016
Management Regulations for employees disqualified from taking an examination.
23.11 Letters of Reprimand. Letters of reprimand are subject to the grievance
procedure but shall not be processed past Step 3, unless said letters are used in a
subsequent discharge, suspension or demotion of the employee.
SECTION 24 – SPECIAL PROVISIONS
24.1 Longevity Pay. Employees at ten (10) years of appointed service for the
County, shall be eligible to receive a two and one -half percent (2.5%) longevity
differential.
24.2 Deferred Compensation Incentive.
A. The County shall contribute sixty dollars ($60) per month to employees who
participate in the County’s Deferred Compensation Plan. To be eligible for this
incentive, employees must contribute to the deferred compensation plan as
indicated:
Employees who discontinue contributions or who contribute less than the required
amount per month for a period of one (1) month or more will no longer be eligible for the
sixty dollar ($60) County supplement. To reestablish eligibility, employees must again
make a Base Contribution Amount as set forth above based on current monthly salary.
Employees with a break in deferred compensation contributions either because of an
approved medical leave or an approved financial hardship withdrawal shall not be
required to reestablish eligibility. Further, employees who lose eligibility due to
displacement by layoff, but maintain contributions at the required level and are later
employed in an eligible position, shall not be required to reestablish eligibility.
B. Deferred Compensation Plan – Special Benefit for Hires after January 1,
2010: Commencing April 1, 2010 and for the duration of this Agreement, the County
will contribute one hundred fifty dollars ($150) per month to an employee's account in
Monthly Contribution
Employees with Qualifying Base Required to Maintain
Current Contribution Incentive Program
Monthly Salary of: Amount Eligibility
$2,500 and below $250 $50
2,501 - 3,334 500 50
3,335 - 4,167 750 50
4,168 - 5,000 1,000 50
5,001 - 5,834 1,500 100
5,835 - 6,667 2,000 100
6,668 & above 2,500 100
SECTION 24 – SPECIAL PROVISIONS
LOCAL NO. 1, CSB-SITE SUPERVISOR -58- 2013-2016
the Contra Costa County Deferred Compensation Plan or other designated tax qualified
savings vehicle, for employees who meet all of the following qualifications:
1. The employee was first hired by Contra Costa County on or after January 1,
2010 and,
2. The employee is a permanent full-time or permanent part-time employee
regularly scheduled to work at least 20 hours per week and has been so
employed for at least 90 calendar days; and,
3. The employee defers a minimum of twenty-five dollars ($25) per month to the
Contra Costa County Deferred Compensation Plan or other designated tax
qualified savings vehicle; and,
4. The employee has completed, signed and submitted to the Human Resources
Department, Employee Benefits Service Unit the required enrollment form for the
account, e.g. the Enrollment Form 457 (b).
5. The annual maximum contribution as defined under the relevant Internal
Revenue Code provision has not been exceeded for the employee's account for
the calendar year.
Employees who discontinue deferral or who defer less than the amount required by this
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 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.
Within 30 days of adoption of this MOU by the Board of Supervisors, and annually
thereafter beginning in 2015, the County will provide to the Union a list of eligible
employees who have not enrolled in the deferred compensation plan and will provide
SECTION 24 – SPECIAL PROVISIONS
LOCAL NO. 1, CSB-SITE SUPERVISOR -59- 2013-2016
the Union with contact information for scheduling an appointment with the Deferred
Compensation provider.
C. Deferred Compensation Plan – Loan Provision: On August 14, 2012 the
Board of Supervisors adopted Resolution 2012/348 approving a side letter with the
Coalition Unions to allow a Deferred Compensation Plan Loan Program effective
September 1, 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%).
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
24.3 Training. Full-time employees shall be eligible for career development training
reimbursement not to exceed $650 per fiscal year. Effective July 1, 2006 the
reimbursement amount shall be increased to $750 per fiscal year. The reimbursement
of training expenses shall be governed by any Administrative Bulletins on Travel and/or
Training and consistent with County and Department policies on Travel and/or Training.
24.4 Professional Development Reimbursement. Employees shall be eligible for
reimbursement of up to $525 for a two (2) year period beginning January 1, 2001 for
memberships in professional organizations, subscriptions to professional publications,
attendance fees at job-related professional development activities and purchase of
computer hardware and software.
SECTION 25 – BILINGUAL PAY DIFFERENTIAL
LOCAL NO. 1, CSB-SITE SUPERVISOR -60- 2013-2016
Authorization for individual professional development reimbursement requests shall be
made by the Department Head. Reimbursement will occur through the regular demand
process with demands being accompanied by proof of payment.
24.5 Management Life Insurance. Employees shall be covered at County expense
by term life insurance in the amount of forty-seven thousand dollars ($47,000) in
addition to the insurance provided under Section 26 – Health, Life and Dental Care.
24.6 Safety Committee. Departments without a Safety Committee shall establish a
committee within ninety (90) days of the effective date of this agreement. The Union
shall appoint all labor representatives to the Committee. All Safety Committees shall
schedule their meetings.
SECTION 25 – BILINGUAL PAY DIFFERENTIAL
A monthly salary differential shall be paid to incumbents of positions requiring bilingual
proficiency as designated by the Department Head and the Human Resources Director.
The differential shall be prorated for employees working less than full time and/or on an
unpaid leave of absence during any given month.
The differential shall be eighty dollars ($80) per month. Effective January 1, 2007 the
differential shall be increased to one hundred dollars ($100) per month.
Designation of positions for which bilingual proficiency is required is the sole prerogative
of the County and such designations may be amended or deleted at any time.
SECTION 26 - HEALTH, LIFE & DENTAL CARE
26.1 Health Plan Coverages. The County will provide the medical and dental
coverage for permanent employees regularly scheduled to work twenty (20) or more
hours per week and for their eligible family members, expressed in o ne of the Health
Plan contracts and one of the Dental Plan contracts between the County and the
following providers:
A. Contra Costa Health Plans (CCHP)
B. Kaiser Permanente Health Plan
C. Health Net
D. Delta Dental
E. DeltaCare (PMI)
Employee Co-pays for these plans are shown on Attachment B.
26.2 Monthly Premium Subsidy:
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB-SITE SUPERVISOR -61- 2013-2016
A. For each health and/or dental plan, the County’s monthly premium subsidy is a
set dollar amount and is not a percentage of the premium charged by the plan.
The County will pay the following monthly premium subsidy:
1. Contra Costa Health Plans (CCHP), Plan A
Single: $509.92
Family: $1,214.90
2. Contra Costa Health Plans (CCHP), Plan B
Single: $528.50
Family: $1,255.79
3. Kaiser Permanente Health Plan
Single: $478.91
Family: $1,115.84
4. Health Net HMO
Single: $627.79
Family: $1,540.02
5. Health Net PPO
Single: $604.60
Family: $1,436.25
6. Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7. Delta Dental with Kaiser or Health Net
Single: $34.02
Family: $76.77
8. Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
9. DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
10. DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11. DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB-SITE SUPERVISOR -62- 2013-2016
B. If the County contracts with a health and/or dental plan provider not listed above,
the amount of the premium subsidy that the County will pay to that health and/or
dental plan provider for employees and their eligible family members shall not
exceed the amount of the premium subsidy that the County would have pai d to
the former plan provider.
C. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any health and/or dental
plan, for any plan year, the County’s contribution will not exceed one hundred
percent (100%) of the applicable plan premium.
26.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement, eligible employees and their eligible family
members may remain in their County health/dental plan, but without
County-paid life insurance coverage, if immediately before their
proposed retirement the employees and dependents are either
active subscribers to one of the County contracted health/dental
plans or if while on authorized leave of absence without pay, they
have retained continuous coverage during the leave period. The
County will pay the health/dental plan monthly premium subsidies
set forth in Section 26.2 for eligible retirees and their eligible family
members.
2. Any person who becomes age 65 on or after January 1, 2010 and
who is eligible for Medicare must immediately enroll in Medicare
Parts A and B.
3. For employees hired on or after January 1, 2010 and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health and/or dental plan after they separate from
County employment. However, any such eligible employee who
retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a
county health or dental plan provided that (i) he or she begins to
receive a monthly retirement allowance from CCCERA within 120
days of separation from County employment and (ii) he or she pays
the full premium cost under the health and/or dental plan without
any County premium subsidy.
B. Employees Who File For Deferred Retirement: Employees, who resign
and file for a deferred retirement and their eligible family members, may
continue in their County group health and/or dental plan under the
following conditions and limitations.
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB-SITE SUPERVISOR -63- 2013-2016
1. Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937
Retirement Act provisions;
b. be an active member of a County group health and/or dental
plan at the time of filing their deferred retirement application
and elect to continue plan benefits;
c. be eligible for a monthly allowance from the Retirement
System and direct receipt of a monthly allowance within
twenty-four (24) months of application for defe rred retirement;
and
d. file an election to defer retirement and to continue health
benefits hereunder with the County Benefits Division within
thirty (30) days before separation from County service.
4. Deferred retirees who elect continued health benefits hereunder
and their eligible family members may maintain continuous
membership in their County health and/or dental plan group during
the period of deferred retirement by paying the full premium for
health and dental coverage on or before the 10 th of each month, to
the Contra Costa County Auditor-Controller. When the deferred
retirees begin to receive retirement benefits, they will qualify for the
same health and/or dental coverage pursuant to subsection (a,)
above, as similarly situated retirees who did not defer retirement.
5. Deferred retirees may elect retiree health benefits hereunder
without electing to maintain participation in their County health
and/or dental plan during their deferred retirement period. When
they begin to receive retirement benefits they will qualify for the
same health and/or dental coverage pursuant to subsection A,
above, as similarly situated retirees who did not defer retirement,
provided reinstatement to a County group health and/or dental plan
will only occur following a three (3) full calendar month waiting
period after the month in which their retirement allowance
commences.
6. Employees who elect deferred retirement will not be eligible in any
event for County health and/or dental plan subvention unless the
member draws a monthly retirement allowance within twenty-four
(24) months after separation from County service.
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB-SITE SUPERVISOR -64- 2013-2016
7. Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for retiree health/dental
coverage, as similarly situated retirees who did not defer
retirement.
C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsections (A) and (B), above,
upon completion of fifteen (15) years of service as an employee of Contra
Costa County. For purposes of retiree health eligibility, one year of
service is defined as one thousand (1,000) hours worked within one
anniversary year. The existing method of crediting service while an
employee is on an approved leave of absence will continue for the
duration of this Agreement.
D. Subject to the provisions of Section 26.3 subparts (A),(B), and (C) and
upon retirement and for the term of this agreement, the following
employees (and their eligible family members) are eligible to receive a
monthly premium subsidy for health and/or dental plans or are eligible to
retain continuous coverage of such plans: employees, and each employee
who retires from a position or classification that was represented by this
bargaining unit at the time of his or her retirement.
E. For purposes of this Section 26.3 only, “eligible family members” does not
include Survivors of employees or retirees.
26.4 Health Plan Coverages and Provisions: The following provisions are
applicable regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent
part-time employees working nineteen (19) hours per week or less may
participate in the County Health and/or Dental plans (with the associated
life insurance benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County heal th and/or dental plan
through the last day of the month in which he/she separates. Employees
who separate from County employment may continue group health and/or
dental plan coverage to the extent provided by the COBRA laws and
regulations.
26.5 Family Member Eligibility Criteria: The following persons may be enrolled as
the eligible Family Members of a medical and/or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB-SITE SUPERVISOR -65- 2013-2016
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s attainment
of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50% of the
year excluding time living at school; and,
ii. Receives at least 50% of support from Employee;
and,
iii. Is enrolled and attends school on a full-time basis, as
defined by the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
26.6 Dual Coverage:
A. Each employee and retiree may be covered only by a single County health
(and/or dental) plan, including a CalPERS plan. For example, a County
employee may be covered under a single County health and/or dental
plan as either the primary insured or the dependent of another County
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB-SITE SUPERVISOR -66- 2013-2016
employee or retiree, but not as both the primary insured and the
dependent of another County employee or retiree.
B. All dependents, as defined in Section 26.5, Family Member Eligibility
Criteria, may be covered by the health and/or dental plan of only one
spouse or one domestic partner. For example, when both husband and
wife are County employees, all of their eligible children may be covered as
dependents of either the husband or the wife, but not both.
C. For purposes of this Section 26.6 only, “County” includes the County of
Contra Costa and all special districts governed by the Board of
Supervisors, including, but not limited to, the Contra Costa County Fire
Protection District.
26.7 Life Insurance Benefit Under Health and Dental Plans: For employees who
are enrolled in the County’s program of medical or dental coverage as either the primary
or the dependent, term life insurance in the amount of ten thousand dollars ($10,000)
will be provided by the County.
26.8 Supplemental Life Insurance: In addition to the life insurance benefits provided
by this agreement, employees may subscribe voluntarily and at their own expens e for
supplemental life insurance. Employees may subscribe for an amount not to exceed
five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is
a guaranteed issue, provided the election is made within the required enrollment
periods.
26.9 Health Care Spending Account. After six (6) months of permanent
employment, full time and part time (20/40 or greater) employees may elect to
participate in a Health Care Spending Account (HCSA) Program designed to qualify for
tax savings under Section 125 of the Internal Revenue Code, but such savings are not
guaranteed. The HCSA Program allows employees to set aside a predetermined
amount of money from their pay, not to exceed the maximum amount authorized by
federal law, per calendar year, of before tax dollars, for health care expenses not
reimbursed by any other health benefit plans. HCSA dollars may be expended on any
eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused
balance is forfeited and cannot be recovered by the employee
26.10 PERS Long-Term Care: The County will deduct and remit monthly premiums to
the PERS Long-Term Care Administrator for employees who are eligible and voluntarily
elect to purchase long-term care at their personal expense through the PERS Long-
Term Care Program.
26.11 Dependent Care Assistance Program: The County offers the option of
enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax
savings under Section 129 of the Internal Revenue Code, but such savings are not
guaranteed. The program allows employees to set aside up to five thousand dollars
($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent
SECTION 26 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1, CSB-SITE SUPERVISOR -67- 2013-2016
care (child and elder care) expenses. Any unused balance is f orfeited and cannot be
recovered by the employee.
26.12 Premium Conversion Plan: The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue
Code, but tax savings are not guaranteed. The program allows employees to use pre-
tax dollars to pay health and dental premiums.
26.13 Prevailing Section: To the extent that any provision of this Section (Section 26
- Health, Life & Dental Care) is inconsistent with any provision of any other Co unty
enactment or policy, including but not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management Regulations, or any other agreement or order
of the Board of Supervisors, the provision(s) of this Section (Section 26 - Health, Life &
Dental Care) will prevail.
26.14 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to employees and departments
information about rate changes as they occur during the year.
26.15 Partial Month. The County's contribution to the health plan premium is payable
for any month in which the employee is paid. If an employee is not p aid enough
compensation in a month to pay the employee share of the premium, the employee
must make up the difference by remitting the amount delinquent to the Auditor -
Controller. The responsibility for this payment rests with the employee. If payment is n ot
made, the employee shall be dropped from the health plan.
26.16 Coverage During Absences.
Employees shall be allowed to maintain their health plan coverage at the County group
rate for twelve (12) months if on approved leave of absence provided that t he employee
shall pay the entire premium (i.e. both employer and employee share) for the health
plan during said leave. Said payment shall be made by the employee at a time and
place specified by the County. Late payment shall result in cancellation of hea lth plan
coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act
(COBRA) provided the employee pays the entire cost of coverage, plus any
administrative fees, for the option selected. The entire cost of coverage shall be paid at
a place and time specified by the County. Late payment may result in cancellation of
health plan coverage with no reinstatement allowed.
26.17 Child Care. The County will continue to support the concept of non-profit child
care facilities similar to the “Kid’s at Work” program established in the Public Works
Department.
26.18 Health Plan Re-Opener. This agreement will open on April 1, 2015, for the
limited purpose of bargaining over Section 26, Health, Life, and Dental Care, to explore
SECTION 27 - MILEAGE
LOCAL NO. 1, CSB-SITE SUPERVISOR -68- 2013-2016
changes effective in the 2016 Plan year.
The County is committed to evaluating alternative approaches to sharing health care
premiums for the 2016 Plan year, taking into consideration any effect on its budget.
During the reopener, the County will not propose reducing the current dollar amount of
the County's premium subsidy for health plans and will not unilaterally impose a
reduction in the current dollar amount of the County's hea lth plan premium subsidy for
the 2016 Plan year.
In the event the parties fail to reach an agreement by January 1, 2016, and not
withstanding Section 23.7, (Strike/Work Stoppage) the Union reserves the right to strike
with respect to the subject of the reopener.
SECTION 27 - MILEAGE
The mileage allowance for use of personal vehicles on approved County business shall
be paid according to the rates allowed by the Internal Revenue Service and shall be
adjusted to reflect changes in this rate on the date i t becomes effective or the first of the
month following announcement of the changed rate by the Internal Revenue Service,
whichever is later.
SECTION 28 – RETIREMENT CONTRIBUTION
28.1 Contribution. Effective on January 1, 2012, employees are responsible for the
payment of one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra Costa
County Employees’ Retirement Association. Employees are also responsible for the
payment of the employees' contributions to the retirement cost of living program as
determined annually by the Board of Retirement, without the County paying any part of
the employees’ contributions. The County is responsible for one hundred percent
(100%) of the employer’s retirement contributions determined annually by the Board of
Retirement.
28.2 Retirement Benefit Non-Safety Employees who become New Members of
CCCERA on or After January 1, 2013
A. For non-safety employees who, under PEPRA, become New Membe rs 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.
B. 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
SECTION 29 – PERSONNEL FILES
LOCAL NO. 1, CSB-SITE SUPERVISOR -69- 2013-2016
retirement allowance will not exceed two percent (2%) per year, and the cost of
living adjustment will be banked.
C. For employees who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
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 non-
safety employees who, under PEPRA, become New Members of CCCERA. The
Union will support the legislation.
SECTION 29 – PERSONNEL FILES
Employees shall have the right to inspect and review any official record(s) relating to his
or her performance as an employee or to a grievance concerning the employee which is
kept or maintained by the County in the employee's personnel file in the Human
Resources Department. The employee’s union representative, with written authorization
by the employee, shall also have the right to inspect and review any official record(s)
described above. The contents of such records shall be made available to the employee
and/or the employee’s union representative for inspection and review at reasonable
intervals during the regular business hours of the County. Employees shall be permitted
to review their personnel files at the Personnel office during their work hours. For those
employees whose work hours do not coincide with the County’s business hours,
management shall provide a copy of the employee’s personnel file for the employee’s
review. The custodian of records will certify that the copy is a true and correct copy of
the original file. Copies of written reprimands or memoranda pertaining to an employee's
unsatisfactory performance which are to be placed in the employee's personnel file shall
be given to the employee who shall have the right to respond in writing to said
documents.
The County shall provide an opportunity for the employee to respond in writing to any
information that is in the employee's personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record. The
employee shall be responsible for providing the written responses to be included as part
of the employee's permanent personnel record.
This section does not apply to the records of an employee relating to the investigation of
a possible criminal offense, medical records and information or letters of reference.
Employees have the right to review their official personnel files that are maintained in
the Human Resources Department or by their department. In a case involving a
grievance or disciplinary action, the employee's designated representative may also
review his/her personnel file with specific written authorization from the employee.
SECTION 30 - SERVICE AWARDS
LOCAL NO. 1, CSB-SITE SUPERVISOR -70- 2013-2016
SECTION 30 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards including
time off; provided, however, that the type of award given shall be at the sole discretion
of the County.
SECTION 31 - UNFAIR LABOR PRACTICE
Either the Department/County or the Union may file an Unfair Labor Practice, as defined
in Chapter 34-22 of Resolution 81/1165, against the other.
Allegations of an unfair labor practice, if not resolved in discussions between
the parties, may be heard by a mutually agreed upon, impartial third-party.
SECTION 32 – ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable on the
dates indicated and upon approval by the Board of Supervisors. Resolutions and
Ordinances, where necessary, shall be prepared and adopted in order to implement
these provisions. It is understood that where it is determined that an Ordinance is
required to implement any of the foregoing provisions, said provisions shall become
effective upon the first day of the month following thirty (30) days after such Ordinance
is adopted.
SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS
33.1 Scope of Agreement. Except as otherwise specifically provided herein, this
MOU fully and completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any and all matters
subject to meet and confer. Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall prohibit the parties from changing
the terms of this MOU by mutual agreement. 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.
33.2 Separability of Provisions. Should any section, clause or provision of this
MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of
competent jurisdiction, such invalidation of such section, clause or provision shall not
invalidate the remaining portions hereof, and such remaining portions shall remain in full
force and effect for the duration of this MOU.
The Union understands and agrees that the County is not obligated to meet and confer
regarding wages, hours or conditions of employment during the term of this extended
agreement, except as otherwise required by law.
33.3 Personnel Management Regulations. Where a specific provision contained in
a section of this MOU conflicts with a specific provision contained in a section of the
SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISIONS
LOCAL NO. 1, CSB-SITE SUPERVISOR -71- 2013-2016
Personnel Management Regulations, the provisions of this MOU shall prevail. Those
provisions of the Personnel Management Regulations within the scope of representation
which are not in conflict with the provisions of this MOU and those provisions of the
Personnel Management Regulations which are not within the scope of representation
shall be considered in full force and effect.
33.4 Duration of Agreement. This Agreement shall continue in full force and effect
from July 1, 2013 to and including June 30, 2016. Said Agreement shall automatically
renew from year to year thereafter unless either party gives written notice to the other
prior to sixty (60) days from the aforesaid termination date of its intention to amend,
modify or terminate the Agreement.
Date:
PEU, Local One
Contra Costa County: CSB – Site Supervisor Unit:
(Signature / Printed Name) (Signature / Printed Name)
/ /
/ /
/ /
/ /
/ /
/ /
/ /
PUBLIC EMPLOYEES UNION, LOCAL ONE
CSB – SITE SUPERVISOR
ATTACHMENTS
A. CLASS & SALARY LISTING
B. MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
C. RETURN TO WORK
CONTRA COSTA COUNTY: PEU, Local One/CSB-Site Supervisor Unit:
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
PUBLIC EMPLOYEES UNION, LOCAL ONE
CLASS AND SALARY LISTING
Effective April 1, 2014
CSB - SITE SUPERVISOR UNIT
ATTACHMENT A
Job Code Class Title
Flex Staff (F) / Deep
Class (D)From To
CJF1 SITE SUPERVISOR III-PROJECT $3,794.28 $4,611.98
CJG1 SITE SUPERVISOR II - PROJECT $3,536.71 $4,298.89
CJH2 SITE SUPERVISOR I-PROJECT $3,216.01 $3,909.09
Salary Range
ATTACHMENT B
Local One, CSB Site Supervisor Unit
MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
Co-Pays
The health plan co-pays are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B: $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network
$3 Preferred Generic RX
$3 Preferred Brand RX
$3 Non-Preferred Brand RX
KAISER: $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$20 Non-Preferred Brand RX
$10 Emergency Room
HEALTH NET HMO $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$25 Emergency Room
HEALTH NET PPO: $10 Office Visit in network
$5 Preferred Generic RX
$5 Preferred Brand RX
$5 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible
ATTACHMENT C
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PUBLIC EMPLOYEES UNION
LOCAL ONE
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of Board of Supervisors’ Resolution 81/1165 and has bee n
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Union is
the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of Contra Costa County, and the Contra Costa County Fire Protection
District, as the joint recommendations of the undersigned for salary and employee
benefit adjustments for the term set forth herein.
Special provisions and restrictions pertaining to Project employees covered by this
MOU are contained in Attachment C which is attached hereto and made a part hereof.
DEFINITIONS
LOCAL NO. 1 -2- 2013-2016
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of 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, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Human Resources Director.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given class.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his
return.
Employment List: A list of persons who have been found qualified for employment in a
specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff or displacement or
demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement,
or have transferred in lieu of layoff or displacement.
Per Diem Employment: 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. Notwithstanding any other provision of
the MOU, per diem employees are entitled only to an hourly wage and those special
pays identified in Attachment M. No other pays or benefits identified in the MOU apply
to per diem employees.
DEFINITIONS
LOCAL NO. 1 -3- 2013-2016
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period, but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period, but on a regularly scheduled less than full -time basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided for under Transfer or as
otherwise provided for in this MOU, in the Pe rsonnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full -time, part-
time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five percent (5%) of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or other
ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class 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 in the Merit System which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to ano ther 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 - UNION RECOGNITION
LOCAL NO. 1 -4- 2013-2016
Union: Local One
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee organization for the representation units
listed below, and such organization has been certified as such pursuant to Board of
Supervisors’ Resolution 81/1165.
Agriculture and Animal Services Unit
Attendant-LVN-Aide Unit
Building Trades Unit
Engineering Unit
Community Services Bureau
General Services and Maintenance Unit
Health Services Unit
Investigative Unit
Library Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 81/1165, only a
majority representative may have dues deduction and as such the Union has the
exclusive privilege of dues deduction or agency fee deduction for all employees in its
units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and no n-discriminatory
representation to all employees in all classes in the units for which this section is
applicable regardless of whether they are members of the Union.
B. All employees employed in a representation unit on or after the effective date of
this MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Union or;
2. Pay to the Union, an agency shop fee in an amount which does not
exceed an amount which may be lawfully collected under applicable
constitutional, statutory, and case law, which under no circumstances shall
exceed the monthly dues, initiation fees and general assessments made
during the duration of this MOU. It shall be the sole responsibility of the
Union to determine an agency shop fee which meets the above criteria; or
3. Do both of the following:
SECTION 1 - UNION RECOGNITION
LOCAL NO. 1 -5- 2013-2016
a. Execute a written declaration that the employee is a member of a
bona fide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting any
public employee organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee described in Section
2.2.B.2 to a non-religious, non-labor, charitable fund chosen by the
employee from the following charities: Family and Children's Trust
Fund, Child Abuse Prevention Council and Battered Women's
Alternative.
C. The Union shall provide the County with a copy of the Union's Hudson Procedure
for the determination and protest of its agency shop fees . The Union shall
provide a copy of said Hudson Procedure to every fee payer covered by this
MOU within one month from the date it is approved and annually thereafter, and
as a condition to any change in the agency shop fee. Failure by an employee to
invoke the Union's Hudson Procedure within one month after actual notice of the
Hudson Procedure shall be a waiver by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that an employee
is separated from the representation unit but shall be reinstated upon the return
of the employee to the representation unit. The term separation includes transfer
out of the unit, layoff, and leave of absence with a duration of more than thirty
(30) days.
E. Annually, the Union shall provide the Human Resources Director with copies of
the financial report which the Union annually files with the California Public
Employee Relations Board. Such report shall be available to employees in the
unit. Failure to file such a report within sixty (60) days after the end of its fiscal
year shall result in the termination of all agency shop fee deductions without
jeopardy to any employee, until said report is filed, and upon mutual agreement,
this time limit may be extended to one hundred twenty (120) days.
F. Compliance.
1. An employee employed in or hired into a job class represented by the
Union shall be provided with an Employee Authorization for Payroll
Deduction card by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30)
calendar days after notice of this agency shop fee provision and the union
dues, agency shop fee, initiation fee or charitable contribution required
under Section 2.2.B.3 are not received, the Union may, in writing, direct
that the County withhold the agency shop fee and the initiation fee from
the employee's salary, in which case the employee's monthly salary shall
be reduced by an amount equal to the agency shop fee and the County
shall pay an equal amount to the Union.
SECTION 1 - UNION RECOGNITION
LOCAL NO. 1 -6- 2013-2016
G. The Union shall indemnify, defend, and save the County harmless against any
and all claims, demands, suits, orders, or judgments, or other forms of liability
that arise out of or by reason of this union security section, or action taken or not
taken by the County under this Section. This includes, but is not limited to, the
County's attorneys' fees and costs. The provisions of this subsection shall not be
subject to the grievance procedure following the adoption of this MOU by the
County Board of Supervisors.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Union.
I. In the event that employees in a bargaining unit represented by the Union vote to
rescind agency shop, the provisions of Section 2.4 and 2.5 shall apply to dues -
paying members of the Union.
2.3 Dues Form. Employees hired on or after October 1, 1981, in classifications
assigned to units represented by the Union shall, as a condition of employ ment,
complete a Union dues authorization card provided by the Union and shall have
deducted from their paychecks the membership dues of the Union. Said employees
shall have thirty (30) days from the date of hire to decide if he/she does not want to
become a member of the Union. Such decision not to become a member of the Union
must be made in writing to the Auditor-Controller with a copy to the Labor Relations
Service Unit within said thirty (30) day period. If the employee decides not to become a
member of the Union, any Union dues previously deducted from the employee's
paycheck shall be returned to the employee and said amount shall be deducted from
the next dues deduction check sent to the Union. If the employee does not notify the
County in writing of the decision not to become a member within the thirty (30) day
period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union.
Each such dues authorization form referenced above shall include a statement that the
Union and the County have entered into a MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition of employment, and that such
authorization may be revoked within the first thirty (30) days of employment upon proper
written notice by the employee within said thirty (30) day period as set forth above. Each
such employee shall, upon completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of his/her right to revoke said
authorization.
2.4 Maintenance of Membership. All employees in units represented by the Union
who are currently paying dues to the Union and all employees in such units who
hereafter become members of the Union shall as a condition of continued employment
pay dues to the Union for the duration of this MOU and each year thereafter so long as
the Union continues to represent the position to which the employee is assigned, unless
the employee has exercised the option to cease paying dues in accordance with
Section 2.5.
SECTION 1 - UNION RECOGNITION
LOCAL NO. 1 -7- 2013-2016
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between August 1 and August 31, any employee may withdraw from Union
membership and discontinue paying dues as of the payroll period commencing
September 1discontinuance of dues payments to then be reflected in the October 10
paycheck. Immediately upon close of the above mentioned thirty (30) day period the
Auditor-Controller shall submit to the Union a list of the employees who have rescinded
their authorization for dues deduction. This can only be accomplished if and when
agency shop would be rescinded.
2.6 Communicating With Employees. The Union shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Union, provided the communications displayed have to do with official organization
business such as times and places of meetings and further provided that the employee
organization appropriately posts and removes the information. The department head
reserves the right to remove objectionable materials after notification to and discussion
with the Union.
Representatives of the Union, not on County time, shall be permitte d to place a supply
of employee literature at specific locations in County buildings if arranged through the
Department Head or designated representative; said representatives may distribute
employee organization literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed method of distribution are
compatible with the work environment and work in progress. Such placement and/or
distribution shall not be performed by on-duty employees.
The Union shall be allowed access to work locations in which it represents employees
for the following purposes:
A. To post literature on bulletin boards.
B To arrange for use of a meeting room.
C. To leave and/or distribute a supply of literature as indicated above.
D. To represent an employee on a grievance and/or to contact a union officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area, and the visit will not interfere with County services.
2.7 Use of County Buildings. The Union shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees during non -work hours
when:
SECTION 1 - UNION RECOGNITION
LOCAL NO. 1 -8- 2013-2016
A. Such space is available.
B. There is no additional cost to the County.
C. It does not interfere with normal County operations.
D. Employees in attendance are not on duty and are not scheduled for duty.
E. The meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Union shall maintain proper order at the meeting, and see
that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
2.8 Advance Notice. The Union shall, except in cases of emergency, have the right
to reasonable notice of any ordinance, rule, resolution or regulation directly relating to
matters within the scope of representation proposed to be adopted by the Board, or
boards and commissions appointed by the Board, and to meet with the body
considering the matter.
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 commissio ns appointed by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the bargaining units
represented by the Union, that the employee's classification is represented by the Union
and the name of a representative of the Union. The County will provide the em ployee
with a packet of information which has been supplied by the Union and approved by the
County. The County shall provide an opportunity for the Union to make a fifteen (15)
minute presentation at the end of the Human Resources Department’s new employ ee
orientation meetings.
2.10 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Labor Relations
Manager shall review the composition of existing representation units to
determine the appropriateness of including some or all of the employees in the
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES
ACT (ADA)
LOCAL NO. 1 -9- 2013-2016
new class in one or more existing representation units, and within a reasonable
period of time shall notify all recognized employee organizations of his/her
determination.
B. Final Determination. His/her determination is final unless within ten (10) days
after notification a recognized employee organization requests in writing to meet
and confer thereon.
C. Meet and Confer and Other Steps. He/she shall meet and confer with such
requesting organizations (and with other recognized employee organizations
where appropriate) to seek agreement on this matter within sixty (60) days after
the ten (10) day period in Subsection b, unless otherwise mutually agreed.
Thereafter, the procedures in cases of disagreement, arbitration referral and
expenses, and criteria for determination shall conform to Board of Supervisor's
Resolution 81/1165.
2.11 Section 18 of 1977-79 MOU. Section 18 of the 1977-1979 MOU between the
County and Local No. 1 shall be continued for the duration of this MOU and shall be
applicable to all units currently represented by Local No. 1.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
There shall be no discrimination because of sex, race, creed, color, national origin,
sexual orientation or union activities against any employee or applicant for employment
by the County or by anyone employed by the County; and to the extent prohibited by
applicable State and Federal law there shall be no discrimination because of age. There
shall be no discrimination against any disabled person solely because of such disability
unless that disability prevents the person from meeting the minimum standards
established for the position or from carrying out the duties of the position safely.
The Employer and the Union recognize that the Employer has an obligation to
reasonably accommodate disabled employees. If by reason of the aforesaid
requirement the Employer contemplates actions to provide reasonable accommodation
to an individual employee in compliance with the ADA which are in conflict with any
provision of this Agreement, the Union will be advised of such proposed
accommodation. Upon request, the County will meet and confer with the Union on the
impact of such accommodation. If the County and the Union do not reach agreement,
the County may implement the accommodation if required by law without further
negotiations. Nothing in this MOU shall preclude the County from taking actions
necessary to comply with the requirements of ADA.
SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES
SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES
LOCAL NO. 1 -10- 2013-2016
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to attend meetings held by County
agencies during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting, including
meetings of the Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of testimony or
other reasons.
C. If their attendance is required for meetings scheduled at reasonable times
agreeable to all parties, required for settlement of grievances filed pursuant to
Section 25 - Grievance Procedure of this MOU.
D. If they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to
present a grievance provided the meetings are scheduled at reasonable times
agreeable to all parties.
E. If they are designated as spokesperson or representative of the Union and as
such make representations or presentations at meetings or hearings on wages,
salaries and working conditions; provided in each case advance arrangements
for time away from the employee's work 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, including meetings of the Board of Supervisors and Retirement Board
where items which are within the scope of representation and involving Local No.
1 are to be discussed.
F. Shop stewards and union officials shall advise, as far in advance as possible,
their immediate supervisor, or his/her designee, of their intent to engage in union
business. All arrangements for release time shall include the location, the
estimated time needed and the general nature of the union business involved
(e.g. grievance meeting, Skelly hearing).
4.2 Union-Sponsored Training Programs. The County shall provide a maximum
of three hundred twenty (320) hours per year of release time for union designated
stewards or officers to attend union-sponsored training programs.
Requests for release time shall be provided in writing to the Department and the County
Human Resources Department at least fifteen (15) days in advance of the time
requested. Department Heads will reasonably consider each request and notify the
affected employee whether such request is approved within one (1) week of receipt.
4.3 Union Representatives. Official representatives of the Union shall be allowed
time off on County time for meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the Labor Relations Manager or
other management representatives on matters within the scope of representation,
SECTION 5 – SALARIES
LOCAL NO. 1 -11- 2013-2016
provided that the number of such representatives shall not exceed the below specified
limits without prior approval of the Labor Relations Officer, and that advance
arrangements for the time away from the work station or assignment are made with the
appropriate Department Head.
Agriculture and Animal Services 2
Attendant-LVN-Aide 2
Building Trades 2
Engineering 2
Family and Children’s Services 2
General Services and Maintenance 6
Health Services 6
Investigative 2
Library 2
SECTION 5 – SALARIES
5.1 General Wages.
A. Effective on the first of the month following adoption of the MOU by the Board of
Supervisors, the base rate of pay for all non-safety classifications represented by
the Union will be increased by four percent (4%). Employees in safety
classifications represented by the Union are not eligible for the four percent (4%)
wage increase.
Effective July 1, 2015, the base rate of pay for all classifications represented by
the Union will be increased by three percent (3%).
B. Longevity Pay. Effective July 1, 2008, employees at ten (10) years of County
service shall receive a two and one-half percent (2.5%) longevity pay differential.
C. Lump Sum Ratification Payment.
1.Permanent Employees. Permanent full-time employees, including project
employees, who meet all of the following criteria will be paid lump sum
ratification payments of seven hundred and fifty dollars ($750) each on the
tenth of the month following adoption of the MOU by the Board of
Supervisors and on May 10, 2015. Permanent part-time employees,
including project employees, who meet all of the following criteria will be
paid a prorated lump sum ratification payment. The prorated lump sum
payment for permanent part-time employees will be calculated by
multiplying seven hundred and fifty dollars ($750) by the employee’s
approved position hours (for example: $750 x (20/40)= $375).
Criteria:
SECTION 5 – SALARIES
LOCAL NO. 1 -12- 2013-2016
a.For the payment on the 10th of the month following Board adoption: The
employee must be employed by the County in a classification represented
by the Union on the first day of the month in which the MOU is adopted by
the Board of Supervisors.
b.For the May 10, 2015 payment: The employee must be employed by the
County in a classification represented by the Union on April 1, 2015.
c. Employees in safety classifications represented by the Union are not
eligible for the lump sum ratification payments.
d.Temporary and per diem employees are not eligible for the ratification
payments.
2.Permanent-Intermittent Employees. Permanent-intermittent employees
who meet all of the following criteria will be paid lump sum ratification
payments of two hundred dollars ($200) each on the tenth of the month
following adoption of the MOU by the Board of Supervisors and on May
10, 2015.
Criteria:
a.For the payment on the 10th of the month following Board adoption: The
permanent-intermittent employee must be employed by the County in a
classification represented by the Union and worked in such classification
during the month of March 2014.
b.For the May 10, 2015 payment: The permanent-intermittent employee
must be employed by the County in a classification represented by the
Union and worked in such classification during the month of March 2015.
3.The employee’s lump sum ratification payment will be subject to the
employee’s required deductions, such as taxes, wage garnishments, and
retirement.
5.2 Entrance Salary. Except as otherwise permitted in deep class resolutions, new
employees shall generally be appointed at the minimum step of the salary range
established for the particular class of position to which the appointment is made.
However, the appointing authority may fill a particular position at a step above the
minimum of the range if mutually agreeable guidelines have been developed in advance
or the Human Resources Director offers to meet confer with the Union on a case by
case basis each time prior to formalizing the appointment.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) months service provided however, if an employee began work
SECTION 5 – SALARIES
LOCAL NO. 1 -13- 2013-2016
on the first regularly scheduled workday of the month the anniversary date is the
first day of the calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is determined as for
a new employee in Subsection 5.3.A above.
C. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
D. Transfer, Reallocation & Reclassification. The anniversary date of an employee
who is transferred to another position or one whose position has been
reallocated or reclassified to a class allocated to the same salary range or to a
salary range which is within five percent (5%) of the top step of the previous
classification, remains unchanged.
E. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not required
to serve a probation period is determined in the same way as the anniversary
date is determined for a new employee who is appointed the same date,
classification and step and who then successfully completes the required
probationary period.
F. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the County's
merit system at a rate above the minimum salary for the employee's new class,
or who is transferred from another governmental entity to this County's merit
system, is one (1) year from the first day of the calendar month after the calendar
month when the employee was appointed or transferred; provided however,
when the appointment or transfer is effective on the employee's first regularly
scheduled work day of that month, his/her anniversary date is one (1) year after
the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except those of
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in Section 5.3 to determine whether the
salary of the employee shall be advanced to the next higher step in the salary range.
Advancement shall be granted on the affirmative recommendation of the appointing
authority, based on satisfactory performance by the employee. The appointing authority
may recommend denial of the increment or denial subject to one additional review at
some specified date before the next anniversary which must be set at the time the
original report is returned.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within range increment be granted at
one time, except as otherwise provided in deep class resolutions. In case an appointing
authority recommends denial of the within range increment on some particular
anniversary date, but recommends a special salary review at some date before the next
SECTION 5 – SALARIES
LOCAL NO. 1 -14- 2013-2016
anniversary the special salary review shall not affect the regular salary review on the
next anniversary date. Nothing herein shall be construed to make the granting of
increments mandatory on the County. If an operating department verifies in writing that
an administrative or clerical error was made in failing to submit the documents needed
to advance an employee to the next salary step on the first of the month when eligible,
said advancement shall be made retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary
in the same ratio to the full-time monthly rate to which the employee would be entitled
as a full-time employee under the provisions of this Section 5 as the number of hours
per week in the employee's part-time work schedule bears to the number of hours in the
full-time work schedule of the department.
5.6 Compensation for Portion of Month. Any employee who works less than any
full calendar month, except when on earned vacation or authorized sick leave, shall
receive as compensation for services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to the actual working days in
such employee's normal work schedule for the particular month; but if the employment
is intermittent, compensation shall be on an hourly basis.
5.7 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic salary
schedule as is the class of the position before it was reclassified, shall be paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to 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 5.9 - Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at
the same step in the new salary range the employee was receiving in the range
to which the class was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received
before reallocation to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to which the
class is allocated.
SECTION 5 – SALARIES
LOCAL NO. 1 -15- 2013-2016
B. In the event that a classification is reallocated from a salary range with more
steps to a salary range with fewer steps on the salary schedule, apart from the
general salary increase or decrease described in Section 5.8.A above, each
incumbent of a position in the reallocated class shall be placed upon the step of
the new range which equals the rate of pay received before the reallocation. In
the event that the steps in the new range do not contain the same rates as the
old range, each incumbent shall be placed at the step of the new range which is
next above the salary rate received in the old range, or if the new range does not
contain a higher step, at the step which is next lower than the salary received in
the old range.
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as above or below the salary range
of the employee's previous class, the incumbent shall be placed at the step in the
new class which equals the rate of pay received before reallocation. In the event
that the steps in the range for the new class do not contain the same rates as the
range for the old class, the incumbent shall be placed at the step of the new
range which is next above the salary rate received in the old range; or if the new
range does not contain a higher step, the incumbent shall be placed at the step
which is next lower than the salary.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.8 -
Salary Reallocation & Salary on Reallocation.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.14, shall receive the salary in the new salary range which is
next higher than the rate received before promotion. In the event this increase is less
than five percent (5%), the employee's salary shall be adjusted to the step in the ne w
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.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.11 - Salary on Voluntary Demotion, 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
SECTION 5 – SALARIES
LOCAL NO. 1 -16- 2013-2016
the step in the new range which is five percent (5%) less than the next lower step;
provided, however, that the next step shall not be less than the minimum salary for the
lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
he or she demotes, his or her salary shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, the new salary shall be set at the step next
below former salary.
5.12 Salary on Transfer. An employee who is transferred from one position to
another as described under Transfer shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the event
that the steps in the range for the new class do not contain the same rates as the range
for the old class, the employee shall be placed at the step of the new range which is
next above the salary rate received in the old range; or if the new range does not
contain a higher step, the employee shall be placed at the step which is next lower than
the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolutions, the salary of the employee shall be set as provided
in the deep class resolutions at a step not to exceed a five percent (5%) increase in the
employee's base salary.
However, if the deep class transfer occurs to or from a deep class with specified levels
identified for certain positions and their incumbents, the employee's salary in the new
class shall be set in accordance with the section on Salary on Promotion if the
employee is transferring to another class or to a level in a deep class for which the
salary is at least five percent (5%) above the top base step of the deep class level or
class in which they have status currently.
5.13 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system or an employee in the Family and Children’s Service Unit is
required to work in a classification for which the compensation is 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 5.9 - Salary on Promotion of this Memorandum, at the start of the second
full day in the assignment, under the following conditions. Payment shall be made
retroactive after completing the first forty (40) consecutive hours worked in the higher
classification.
SECTION 5 – SALARIES
LOCAL NO. 1 -17- 2013-2016
A. When an employee is assigned to a program, service or activity established by
the Board of Supervisors which is reflected in an authorized position which has
been classified and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such that the employee in the
lower classification performs a majority of the duties and responsibilities of the
position of the higher classification.
C. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
D. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher classification
shall not be utilized as a promotional procedure provided in this Memorandum.
E. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
F. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later re-approved for the same employee within
one hundred eighty days (180) no additional waiting period will be required.
G. Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential and hazardous duty differential) accruing to the employee in
his/her permanent position shall continue.
H. During the period of work for higher pay in a higher classification, an employee
will retain his/her permanent classification, and anniversary and salary review
dates will be determined by time in that classification; except that if the period of
work for higher pay in a higher classification exceeds one year continuous
employment, the employee, upon satisfactory performance in the higher
classification, shall be eligible for a salary review in that class on his/her next
anniversary date. Notwithstanding any other salary regulations, the salary step
placement of employees appointed to the higher class immediately following
termination of the assignment, shall remain unchanged.
I. Allowable overtime pay, shift differentials and/or work location differentials will be
paid on the basis of the rate of pay for the higher class.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option of the
employee) of the employee's basic salary of the previous month except that it shall not
SECTION 5 – SALARIES
LOCAL NO. 1 -18- 2013-2016
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive the advance shall be made on the prescribed form (form M-208,
revised 5/81) and submitted by the fifteenth (15th) of the month to the department
payroll clerk who will forward the card with the Salary Advance Transmittal/Deviation
Report to the Auditor-Controller payroll section.
Such an election would be effective in the month of the submission and would remain
effective until revoked.
In the case of an election made pursuant to this Section 5.1 4 – Payment, all required or
requested deductions from salary shall be taken from the second installment, which is
payable on the tenth (10th) day of the following month.
5.15 SALARIES AND DEFERRED COMPENSATION
A. Deferred Compensation Plan – Special Benefit for Hires after January 1,
2010: Commencing April 1, 2010 and for the duration of this Agreement, the
County will contribute one hundred fifty dollars ($150) per month to an
employee's account in the Contra Costa County Deferred Compensation Plan or
other designated tax qualified savings vehicle, for employees who meet all of the
following qualifications:
1.The employee was first hired by Contra Costa County on or after January
1, 2010 and,
2.The employee is a permanent full-time or permanent part-time employee
regularly scheduled to work at least 20 hours per week and has been so
employed for at least 90 calendar days; and,
3.The employee defers a minimum of twenty-five dollars ($25) per month to
the Contra Costa County Deferred Compensation Plan or other
designated tax qualified savings vehicle; and,
4.The employee has completed, signed and submitted to the Human
Resources Department, Employee Benefits Service Unit the required
enrollment form for the account, e.g. the Enrollment Form 457 (b).
5.The annual maximum contribution as defined under the relevant Internal
Revenue Code provision has not been exceeded for the employee's
account for the calendar year.
Employees who discontinue deferral or who defer less than the amount required by this
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
SECTION 5 – SALARIES
LOCAL NO. 1 -19- 2013-2016
this provision will count towards the “Base Contribution Amount” or the “Monthly Base
Contribution Amount for Maintaining Program Eligibility” required for the County's
Deferred Compensation Incentive in any other provision in this Agreement. No amount
deferred by the employee or contributed by the County in accordance with any other
provision in this Agreement will count toward the minimum required deferral required by
this provision. The County's contribution amount in accordance with this provision will
be in addition to the County contribution amount for which the employee may be eligible
in accordance with any other provision in this contract.
Both the employee deferral and the County contribution to the Contra Costa County
Deferred Compensation Plan under this provision, as well as any amounts deferred or
contributed to the Contra Costa County Deferred Compensation Plan in accordance
with any other provision of this contract, will be added together for the 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.
Within 30 days of adoption of this MOU by the Board of Supervisors, and annually
thereafter beginning in 2015, the County will provide to the Union a list of eligible
employees who have not enrolled in the deferred compensation plan and will provide
the Union with contact information for scheduling an appointment with the Deferred
Compensation provider.
B. Deferred Compensation Plan – Loan Provision: On August 14, 2012 the
Board of Supervisors adopted Resolution 2012/348 approving a side letter with
the Coalition Unions to allow a Deferred Compensation Plan Loan Program
effective September 1, 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%).
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).
SECTION 6 – DAYS AND HOURS OF WORK
LOCAL NO. 1 -20- 2013-2016
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 6 – DAYS AND HOURS OF WORK
6.1 Definitions.
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week.
B. Alternate Work Schedule: An alternate work schedule is any work schedule
where an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 9/80, or 4/10 work schedule and where the employee is not
scheduled to work more than 40 hours in the "workweek" as defined in
Subsections F. and H., below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven
(7) day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four
(44) hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day.
F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule : The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work day
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
LOCAL NO. 1 -21- 2013-2016
and regularly scheduled 9/80 day off. The start time of the workweek is four (4)
hours and one (1) minute after the start time of the eight (8) hour workday. The
end time of the workweek is four (4) hours after the eight (8) hour workday start
time. The result is a workweek that is a fixed and regularly recurring period of
seven (7) consecutive twenty-four (24) hour periods (168 hours).
H. Workweek for Twenty-Four Hour (24) Facility Employees: For employees
who work in a twenty-four (24) hour facility in the Health Services Department
and who are not on a 9/80 work schedule, the workweek begins at 12:01 a.m.
Sunday and ends at 12:00 midnight on Saturday.
6.2- 4/10 Shifts If the County wants to eliminate any existing 4/10 shift and
substitute a 5/8 shift or to institute a 4/10 shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change of shift assignment),
or change existing work schedules or existing hours of work, it will meet and
confer with the Union prior to implementing said new shift or hours change. This
obligation does not apply where there is an existing system for reassigning
employees to different shifts or different starting/stopping times. Nothing herein
prohibits affected employees and their supervisor from mutually agreeing on a
change in existing hours of work provided other employees are not adversely
impacted.
6.2 Automated Timekeeping Implementation:
The Union agrees to the implementation of an Automated Timekeeping System.
6.3 Time Reporting/Time Stamping:
Temporary and Permanent Intermittent (hourly) employees must timestamp in
and out as they begin their work shifts, finish their work shifts, and take meal
periods. Salaried employees will report time off and time worked for special pays
on the electronic timecard.
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
7.1 Overtime.
A. Permanent full-time and part-time employees will be paid overtime pay or
overtime compensatory time off for any authorized work performed:
1)in excess of forty (40) hours per week; or
2)in excess of eight (8) hours per day and that exceed the employee’s daily
number of scheduled hours. For example, an employee who is scheduled
to work ten (10) hours per day and who works eleven (11) hours on a
particular day will be paid one (1) hour of overtime.
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
LOCAL NO. 1 -22- 2013-2016
Work performed does not include non-worked hours. Overtime pay is compensated at
the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including
shift and any other special differentials). Any special differentials that are applicable
during overtime hours worked will be computed on the employee’s base rate of pay, not
on the overtime rate of pay.
Overtime for permanent employees is earned and credited in a minimum of one-tenth
hour (6 minute) increments and is compensated by either pay or compensatory time off.
B. Permanent Intermittent and temporary employees will be paid overtime pay for
any authorized work performed in excess of forty (40) hours per week or in
excess of eight (8) hours per day. Work performed does not include non-worked
hours. Overtime pay is compensated at the rate of one and one-half (1.5) times
the employee’s hourly base rate of pay (not including shift or any other special
differentials). Any special differentials that are applicable during overtime hours
worked will be computed on the employee’s base hourly rate of pay, not on the
overtime rate of pay.
7.2 Overtime Compensatory Time. The following provisions shall apply:
A. Employees may annually elect to accrue overtime compensatory time off in lieu
of overtime pay. Eligible employees who elect to receive compensatory time off
must agree to do so for a full fiscal year (July 1 through June 30). The employee
must notify his/her departmental payroll staff of any change in the election by
May 31 of each year.
B. The names of those employees electing to accrue compensatory time off shall be
placed on a list maintained by the Department. Employees who become eligible
(i.e., newly hired employees, employees promoting, demoting, etc.) for
compensatory time off in accordance with these guidelines must elect to accrue
compensatory time or they will be paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2)
times the actual authorized overtime hours worked by the employee.
D. Employees may not accrue a compensatory time off balance that exceeds one
hundred twenty (120) hours (i.e., eighty (80) hours at time and one-half). Once
the maximum balance has been attained, authorized overtime hours will be paid
at the overtime rate. If the employee's balance falls below one hundred twenty
(120) hours, the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee's balance again reaches
one hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the next fiscal
year; however, as provided in D above, accrued compensatory time off balances
may not exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
LOCAL NO. 1 -23- 2013-2016
Compensatory time off shall not be taken when the employee should be replaced
by another employee who would be eligible to receive, for time worked, either
overtime payment or compensatory time accruals as provided for in this Section.
This provision may be waived at the discretion of the Department Head or his or
her designee.
G. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's accrued
compensatory time off balance will be carried forward with the employee.
H. Compensatory time accrual balances will be paid 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.
I. Since employees accrue compensatory time off at the rate of one and one-half
(1-1/2) hours for each hour of authorized overtime worked, they shall be paid
their accrued hours of compensatory time at the straight time rate of pay
whenever:
1.The employee changes status and is no longer eligible for compensatory
time off.
2.The employee promotes, demotes or 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 timekeeping procedures
to administer this Section.
7.3 Straight Time Pay and Straight Time Compensatory Time.
A. Permanent full-time and part-time employees are eligible to receive straight time
pay or straight time compensatory time off for hours worked in excess of the
employee’s daily number of scheduled hours that do not qualify for overtime pay
as described in section 7.1, above.
B. Straight time pay is calculated at the rate of one (1.0) times the employee’s base
rate of pay (not including differentials or shift pays).
C. Straight time compensatory time off is accrued at the rate of one (1.0) times the
number of straight time hours worked as defined in 7.3.A. above. The election of
compensatory time off for overtime hours in lieu of overtime pay means that the
SECTION 8 - CALL BACK TIME PAY
LOCAL NO. 1 -24- 2013-2016
employee also elects to receive compensatory time off for straight time hours in
lieu of straight time pay. An employee cannot elect to receive straight time
compensatory time off for straight time hours if the employee does not also elect
to receive compensatory time off for overtime hours, and vice versa. For
employees who receive straight time compensatory time off in lieu of straight
time pay, except as otherwise set forth in this section 7.3, the rules for
administration of compensatory time off described in section 7.2, above, apply to
straight time compensatory time off.
SECTION 8 - CALL BACK TIME PAY
A permanent full-time and permanent part-time employee who is called back to duty will
be paid for Call Back Time. Call Back Time occurs when an employee is not scheduled
to work and is not on County premises, but is called back to work on County premises
or for a County work assignment. An employee called back to work will be paid Call
Back Time Pay at the rate of one and one-half (1.5) times his/her base rate of pay (not
including differentials) for the actual Call Back Time hours worked plus one (1) hour. An
employee called back to work will be paid a minimum of two (2) hours for each Call
Back Time event.
SECTION 9 - ON-CALL DUTY
A permanent full-time or part-time employee assigned to On-Call Duty is paid one (1)
hour of straight time pay for each four (4) hours designated as on-call duty. If an
employee’s on-call duty hours are not in increments of four (4) hours, the on-call duty
hours will be pro-rated. For example, if the employee is assigned to on-call duty for six
(6) hours, the employee would receive one and one-half (1.5) hours of straight time pay
for the six (6) hours of designated on-call duty (6 hours ÷ 4 hours=1.5 hrs.). If an
employee is called back to work while assigned to on-call duty, the employee will be
paid for the total assigned on-call duty hours regardless of when the employee returns
to work. An employee is considered assigned to on-call duty if all of the following
criteria are met:
a.A permanent full-time or part-time employee is not scheduled to work on County
premises, but is required to report to work immediately if called. The employee
must provide his/her supervisor with current contact information so that the
supervisor can reach the employee with ten (10) minutes or less notice.
b.The Department Head designates and approves those permanent full-time or
part-time employees who will be assigned to on-call duty.
SECTION 10 - SHIFT DIFFERENTIAL
A. Permanent full-time and permanent part-time employees:
1.Permanent full-time and permanent part-time employees will receive a
shift differential of five percent (5%) for the employee’s entire scheduled
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
LOCAL NO. 1 -25- 2013-2016
shift when the employee is scheduled to work for four (4) or more hours
between 5:00p.m. and 9:00a.m.
2.In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight
on the day the shift is scheduled to begin. Hours worked in excess of the
employee’s scheduled workday will count towards qualifying for the shift
differential, but the employee will not be paid the shift differential on any
excess hours worked.
3.Employees who commence a vacation, paid sick leave period, paid
disability or other paid leave immediately after working a shift that qualifies
for the shift differential, will have the shift differential included in computing
the pay for their time on paid leave. Employees on a rotating shift
schedule who commence a vacation, paid sick leave, paid disability, or
other paid leave will be paid the shift differential that they would have
received had the employees worked the scheduled shift during the period
of paid leave. Shift differential shall only be paid during paid sick leave
and paid disability leave as provided above for the first thirty (30) calendar
days of each absence.
B. Permanent Intermittent and Temporary employees:
1.Permanent Intermittent and temporary employees will receive a shift
differential of five percent (5%) for a maximum of eight (8) hours per work
day and/or forty (40) hours per workweek when the employee works four
(4) or more hours between 5:00p.m. and 9:00a.m.
2.In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight
on the day the shift is scheduled to begin. Hours worked in excess of
eight (8) hours in a workday will count towards qualifying for the shift
differential, but the employee will not be paid the shift differential on any
excess hours worked.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ 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.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
LOCAL NO. 1 -26- 2013-2016
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.
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 Labor Relations Manager that
the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify the
Union of the possibility of such layoffs and shall meet and confer with the Union
regarding the implementation of the action.
11.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in
the merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as
the Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
LOCAL NO. 1 -27- 2013-2016
1.In the Same Class. A laid off permanent full-time employee may displace
an employee in the department having less seniority in the same class
who occupies permanent-intermittent or permanent part-time position, the
least senior employee being displaced first.
2.In the Same Level or Lower Class. A laid off or displaced employee who
had achieved permanent status in a class at the same or lower salary
level as determined by the salary schedule in effect at the time of layoff
may displace within the department and in the class an employee having
less seniority; the least senior employee being displaced first, and so on
with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1.Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respec-
tively.
2.A permanent full-time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class as provided in Section
11.2.C.1 or, 2) in a class of the same or lower salary level as provided in
Section 11.2.C.2 if no full-time employee in a class at the same or lower
salary level has less seniority than the displacing employees.
3.Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of
a proposed layoff with the written approval of the Human Resources
Director or designee retain their permanent full-time employee seniority
rights for layoff purposes only and may in a later layoff displace a full-time
employee with less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
the same or higher salary levels as determined 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 of the former class,
shall carry the seniority accrued in the former class into the new class.
Employees reallocated to a new deep class upon its initiation or otherwise
reallocated to a deep class because the duties of the position occupied are
appropriately described in the deep class shall carry into the deep class the
seniority accrued or carried forward in the former class and seniority accrued in
other classes which have been included in the deep clas s.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. 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 employee's layoff eligibility. Approved leaves of absence as
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
LOCAL NO. 1 -28- 2013-2016
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
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. 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 & 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 Layoff Lists. The Human Resources Director may
remove the name of any eligible from a layoff list for any reason listed below:
1.For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2.On evidence that the eligible cannot be located by postal authorities.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
LOCAL NO. 1 -29- 2013-2016
3.On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class.
4.If three (3) offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible. A single
offer is defined as an offer of all the permanent positions that are available
at that time. A rejection of all of those offered positions constitutes a
single declination.
5.If the eligible fails to respond to the Human Resources Director or the
appointing authority within ten (10) days to written notice of certification
mailed to the person's last known address.
If the person on the reemployment or layoff list is appointed to another
position in the same or lower classification, the name of the person shall
be removed. However, if the first permanent appointment of a person on a
layoff list is to a lower class which has a top step salary lower than the top
step of the class from which the person was laid off, the name of the
person shall not be removed from the layoff list.
K. Removal of Names from Reemployment and Layoff Certifications. The Human
Resources Director may remove the name of any eligible from a reemployment
or layoff certification if the eligible fails to respond within five (5) days to a written
notice of certification mailed to the person's last known address.
11.3 Notice. The County will give employees scheduled for layoff at least ten (10)
work days notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a Tactical Employment
Team (TET) employment pool which will include the names of all laid off County
employees. The names of employees who remain County employees but who have
been displaced or who have demoted as a result of a layoff or displacement, or who
have voluntarily demoted or transferred in lieu of layoff or displacement will also be
included in the TET employment pool. Special employment lists for job classes may be
established from the pool. Persons placed on a special employment list must meet the
minimum qualifications for the class. An appointment from such a list will not affect the
individual's status on a layoff list(s). The name of any person included in the TET
employment pool shall continue to be in the pool for a period of four (4) years, unless
the employee’s name is removed from the layoff list, which will cause the employee’s
name to be removed from the TET pool as well.
Employees in the TET employment pool shall be guaranteed a job interview for any
vacant funded position for which they meet minimum qualifications. If there are more
than five such employees who express an interest for one vacant funded position, the
five most senior employees shall be interviewed. Seniority for this subsection shall be
County seniority.
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LOCAL NO. 1 -30- 2013-2016
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.
SECTION 12 - HOLIDAYS
12.1 Holidays and Personal Holiday Credit. The County will observe the following
holidays:
A. January 1st, known as New Year's Day
3rd Monday in January known as Dr. M. L. King, Jr. Day
3rd Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
4th Thursday in November, known as Thanksgiving
The day after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
1.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.
2.For employees in the Health Services Department who are assigned to
units or services on a shift operational cycle that includes Saturdays and
Sundays, holidays are observed on the day that the holiday falls
regardless if it is a Saturday or Sunday.
3.For employees who work in twenty-four (24) hour facilities other than in
the Health Services Department and who may be assigned to work on a
holiday, any holiday that falls on a Saturday will be observed on a
Saturday, and any holiday that falls on a Sunday will be observed on a
Sunday.
SECTION 12 - HOLIDAYS
LOCAL NO. 1 -31- 2013-2016
B. Effective January 1, 2012, each full-time employee will accrue four (4) hours of
personal holiday credit per month. Such personal holiday time may be taken in
one (1) minute increments, 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.
C. Effective January 1, 2012, employees who work in twenty-four (24) hour facilities
will, in addition to those holidays specified in Section 12.1A, observe Admission
day on September 9, Columbus Day on the second Monday in October, and
Lincoln's Day on February 12 as holidays, but will not accrue the four (4) hours
per month of personal holiday credit referenced in Section 12.1.B above, but will
accrue two (2) hours per month of personal holiday credit. 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. Effective September 1, 2013, Safety classifications represented by Local 1
assigned to work in twenty-four (24) hour facilities will not accrue the two (2)
hours per month of personal holiday credit referenced in Section 12.1.C., above.
E. Effective September 1, 2013, employees in the safety classifications represented
by Local 1 will not accrue the four (4) hours per month of personal holiday credit
referenced in Section 12.1.B., above, but will accrue two (2) hours per month of
personal holiday credit. Such personal holiday credit may be taken in increments
of one (1) minute, and preference for the use of personal holiday credit shall b e
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.
12.2 Holiday is Observed (NOT WORKED).
A. Full Time Employees:
1.Holidays Observed – Full Time Employees: Full time employees on
regular, 4/10, 9/80, flexible, and alternate work schedules are entitled to
observe a holiday (eight (8) hours off), without a reduction in pay,
whenever a holiday is observed by the County.
2.Holidays Observed on Regular Day off of Full Time Employees on 4/10,
9/80, Flexible, and Alternate Work Schedule: When a holiday is observed
by the County on the regularly scheduled day off of an employee who is
on a 4/10, 9/80, flexible, or alternate work schedule, the employee is
entitled to take eight (8) hours off, without reduction in pay, in recognition
of the holiday. The employee is also entitled to receive eight (8) hours of
flexible pay at the rate of 1.0 times his/her base rate of pay (not including
SECTION 12 - HOLIDAYS
LOCAL NO. 1 -32- 2013-2016
differentials) or flexible compensatory time in recognition of his/her
regularly scheduled day off.
Those employees covered by this subsection who before March 1, 2010,
moved a holiday that fell on a scheduled day off to the work day preceding
or following the holiday, will be given priority for request for time off on the
day they would have observed the holiday over other requests for time off.
This priority treatment does not apply to scheduled and approved vacation
requests already granted to other employees. Further, the County retains
the right to determine the maximum number of employees who may take
time off work at the same time.
3.Holiday Observed- Full Time Employees Scheduled in Excess of Eight (8)
hours: When a holiday falls on an employee’s regularly 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 employee does not have any non-sick leave accrual balances, leave
without pay (AWOP) will be authorized.
4.Holiday Observed- Full Time Employees Scheduled for Less than Eight
(8) hours: 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 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 hours the employee was scheduled to
work on the holiday.
B. Part Time Employees:
1.Holidays 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 eight (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 x 8 = 4.8). Hereafter, the
number of hours produced by this calculation will be referred to as the
“part time employee’s holiday hours.”
2.Holiday Observed on Regular Day off of Part Time Employees: When a
holiday is observed by the County on the regularly 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 received flexible pay at the rate of 1.0 times his/her base rate of
pay (not including differentials) or flexible compensatory time, in the
amount of the “part time employee’s holiday hours” in recognition of
his/her scheduled day off.
SECTION 12 - HOLIDAYS
LOCAL NO. 1 -33- 2013-2016
3.Holiday Observed- Part Time Employees Scheduled to Work in Excess of
“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 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 employees “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.
4.Holiday Observed- Part Time Employees Scheduled to Work Less than
“Part Time Employee’s Holiday Hours”: When the number of hours in a
part time employee’s scheduled work day that fall on a holiday is less than
the employee’s “part time employee’s holiday hours,” the employee is also
entitled to receive flexible pay at the rate of 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.”
12.3 Holiday is WORKED.
A. Full Time Employees:
1.Holiday Falls on Regularly Scheduled Work Day of Full-Time Employees
on Regular, 4/10, 9/80, Flexible, and Alternate Work Schedules: When a
full-time employee works on a holiday that falls on the employee’s
regularly scheduled work day, the employee is entitled to receive his/her
regular salary. The employee is also entitled to receive holiday pay at the
rate of one and one half (1.5) times his/her base rate of pay (not including
differentials) or holiday compensation time at the same rate, for all hours
worked up to a maximum of eight (8) hours. This provision applies to the
regular, 4/10, 9/80, flexible, and alternate work schedules.
2.Holiday Worked- Full Time Employee Scheduled less than Eight (8) hours
on Regularly Scheduled Work Day: When a full time employee is
scheduled to work less than eight (8) hours on a holiday (hereafter
referred to as “full time employee short shift”), and the employee works
that full time employee short shift, the employee is also entitled to receive
flexible pay at the rate of 1.0 times his/her base rate of pay (not including
differentials) or flexible compensatory time for the difference between
eight (8) hours and the employee’s scheduled full time employee short
shift hours.
Holiday Falls on Regularly Scheduled Day Off of Full-Time Employees on
4/10, 9/80, Flexible, and Alternate Work Schedules: Holiday Worked by
Full-Time Employees on 4/10, 9/80, Flexible: When a full-time employee
works on a holiday that falls on the employee’s regularly scheduled day
off, the employee is entitled to receive his/her regular salary. The
SECTION 12 - HOLIDAYS
LOCAL NO. 1 -34- 2013-2016
employee is also entitled to receive overtime pay at the rate of one and
one half (1.5) times his/her base rate of pay (not including differentials) or
compensation time at the same rate for all hours worked on the holiday.
The employee is also entitled to receive eight (8) hours of flexible
compensatory time or pay, at the rate of 1.0 times his/her base rate of
pay, in recognition of his/her scheduled day off. This provision only
applies to employees on 4/10, 9/80, flexible, and alternate work
schedules.
B. Part Time Employees:
1.Holiday Falls on Regularly Scheduled Work Day: 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 at the rate of
one and one half (1.5) times his/her base rate of pay (not including
differentials) or holiday compensatory time for all hours worked on the
holiday, up to a maximum of the “part time employee’s holiday hours.”
2.Holiday Worked- Part Time Employee Scheduled for Less than “Part Time
Employee’s Holiday Hours” on Regularly Scheduled Work Day: When a
part time employee is scheduled to work less than the employee’s “part
time employee’s holiday hours” on a holiday (hereafter referred to as “part
time employee short shift”), and the employee works that part time
employee short shift, the employee is also entitled to receive flexible pay
at the rate of 1.0 times his/her base rate of pay (not including differentials)
or flexible compensatory time for the difference between the “part time
employee’s holiday hours” and the part time employee short shift hours.
3.Holiday Worked- Part Time Employee Scheduled to Work in Excess of
“Part Time Employee’s Holiday Hours” on Regularly Scheduled Work Day:
When a part time employee is scheduled to work more than his/her “part
time employee’s holiday hours” on a holiday (hereafter referred to as “part
time employee long shift”), and the employee works more than the part
time employee long shift hours, the employee is entitled to receive straight
time pay at the rate of 1.0 time his/her base rate of pay (not including
differentials) or compensatory time up to eight (8) hours. When a pa rt-
time employee works more than his/her part time employee long shift
hours and beyond eight (8) hours, the part time 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) or compensatory time for all
hours worked beyond the part time employee long shift hours that exceed
eight (8) hours.
4.Holiday Falls on Regularly Scheduled Day Off of Part Time Employee:
When a part time employee works on a holiday that falls on the
employee’s regularly scheduled day off, the employee is entitled to receive
his/her regular salary. The part time employee is also entitled to receive
overtime pay at the rate of one and one half (1.5) his/her base rate of pay
SECTION 12 - HOLIDAYS
LOCAL NO. 1 -35- 2013-2016
(not including differentials) or compensatory time for all hours worked on
the holiday, up to a maximum of the amount the “part time employee’s
holiday hours.”
5.Holiday Worked- Regularly Scheduled Day off in Excess of “Part Time
Employee’s Holiday Hours”: If a part time employee works more than the
“part time employee’s holiday hours,” the part time employee is also
entitled to receive compensatory time or straight time pay at the rate of 1.0
times his/her base rate of pay (not including differentials) for all hours
worked up to a maximum of eight (8) hours. If a part time employee works
more than eight (8) hours on the holiday, the part time 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) or compensatory time for all
hours worked beyond eight (8) hours. The part time employee is also
entitled to receive flexible pay at the rate of 1.0 times his/her base rate of
pay (not including differentials) multiplied by the amount of the “part time
employee’s holiday hours” or flexible compensatory time in recognition of
his/her scheduled day off.
6.Holiday Worked- Regularly Scheduled Day off Less Than “Part Time
Employee’s Holiday Hours”: If a part-time employee works a part time
employee short shift on his/her regularly scheduled day off, the employee
is also entitled to receive flexible pay at the rate of 1.0 time his/her base
rate of pay (not including differentials) or flexible compensatory time for
the difference between the part time employee’s short shift hours and the
“part time employee’s holiday hours.”
12.4 Holiday and Compensatory Time Provisions
A. Maximum Accruals of Holiday Compensatory Time: Holiday compensatory time
may not be accumulated in excess of two hundred eighty-eight (288) hours.
After two hundred eighty-eight (288) hours are accrued by an employee, the
employee will receive holiday pay at the rate of one and one half (1.5) times
his/her base rate of pay. Holiday compensatory time may be taken at those dates
and times determined by mutual agreement of the employee and the Department
Head or designee.
B. Pay Off of Holiday Compensatory Time: Holiday compensatory time will be paid
off only upon a change in status. A change in status includes separation,
transfer to another department, reassignment to a permanent-intermittent
position, or transfer, assignment, or promotion or demotion into a position that is
not eligible for holiday compensatory time.
C. Maximum Accruals of Flexible Compensatory Time: Flexible compensatory time
may not be accumulated in excess of two hundred eighty-eight (288) hours.
After two hundred eighty-eight (288) hours are accrued by an employee, the
employee will receive flexible pay at the rate of 1.0 times his/her base rate of
pay. Flexible compensatory time may be taken on those dates and times
SECTION 12 - HOLIDAYS
LOCAL NO. 1 -36- 2013-2016
determined by mutual agreement of the employee and the Department Head or
designee.
D. Pay Off of Flexible Compensatory Time: Flexible compensatory time will be paid
off only upon a change in status. A change in status includes separation,
transfer to another department, reassignment to a permanent-intermittent
position, or transfer assignment, or promotion or demotion into a position that is
not eligible for flexible compensatory time.
E. Employees who elect to receive flexible compensatory time or holiday
compensatory time credit must agree to do so for a full fiscal year (July 1 through
June 30). The employee must notify his/her departmental payroll staff of any
change in the election by May 31 of each year.
12.5 Holidays for Full Time Employees who Work in Twenty-Four (24) Hour
Facilities AND who do NOT Accrue Four (4) Hours per Month of Personal Holiday
Credit:
A. All of the provisions of Section 12 apply to all of the full time employees who wor k
in twenty-four (24) hour facilities, who do not accrue four (4) hours per month of
personal holiday credit.
B. Additionally, when a holiday falls on the regularly scheduled day off of a full-time
employee who works in a twenty-four (24) hour facility AND who does not accrue
four (4) hours per month of personal holiday credit, the employee’s regularly
scheduled day off moves to the employee’s next scheduled work day.
1.Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled work
day following the holiday, the employee is entitled to receive his/her
regular salary. The employee is also entitled to receive overtime pay at
the rate of one and one half (1.5) times his/her base rate of pay (not
including differentials) or compensation time at the same rate for all hours
worked on that day up to a maximum of eight (8) hours.
2.Employee does NOT work on his/her Next Scheduled Work Day Following
the Holiday: When a full time employee does NOT work on his/her next
scheduled work day following the holiday, the employee is entitled to the
day off, without a reduction in pay, in recognition of his/her regularly
scheduled day off.
The County retains the right to decide whether an employee will work or not work on the
next scheduled work day following a holiday.
12.6 Permanent-Intermittent Employees: Permanent-Intermittent employees who
work on a holiday will be paid overtime pay at the rate of one and one half (1.5) time his/
her base rate of pay (not including differentials) for a maximum of eight (8)
SECTION 13 - VACATION LEAVE
LOCAL NO. 1 -37- 2013-2016
hours worked on the holiday.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a permanent position. Increased
accruals begin on the first of the month following the month in which the employee
qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour
calculated on the same basis as for partial month compensation pursuant to Section 5.6
- Compensation for Portion of Month of this MOU. Vacation credits may be taken in one
(1) minute increments and may not be rounded. Vacation may not be taken during the
first six (6) months of employment (not necessarily synonymous with probationary
status) except where sick leave has been exhausted; and none shall be allowed in
excess of actual accrual at the time vacation is taken.
13.2 Vacation Leave on Reemployment From a Layoff List. Employees with six
months or more service in a permanent position prior to their layoff who are employed
from a layoff list, shall be considered as having completed six months tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate payroll system override actions can be taken.
13.3 Vacation Accrual Rates. For employees hired into a class in any bargaining
unit covered by this MOU prior to September 1, 1979 the rates at which vacation credits
accrue and the maximum accumulation thereof are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees hired into a class of one of the following bargaining units on or after
September 1, 1979 the rates at which vacation credits accrue, and the maximum
accumulation thereof, are as follows: Agriculture/Animal Services, Building Trades,
Engineering, General Services & Maintenance, and Probation Units.
SECTION 13 - VACATION LEAVE
LOCAL NO. 1 -38- 2013-2016
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
A. Vacation Accrual Increases for Employees Hired on and before June 30, 2009:
Employees with a first of the month Service Award Date: Each employee with a Service
Award Date that is on the first day of a month is eligible to accrue increased vacation
hours on his/her Service Award Date.
Example:
1.The employee’s Service Award Date is January 1, 1988.
2.The employee reaches 20 years of service on January 1, 2008.
3.January 1, 2008 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
4.The increased vacation hours will first appear on the employee’s February
10, 2008 pay warrant.
Employees NOT with a first of the month Service Award Date: Each employee whose
Service Award Date is NOT on the first day of a month is eligible to accrue increased
vacation hours on the first day of the month following the employee's Service Award
Date.
Example Two:
1.An employee’s Service Award Date is February 24, 1987.
2.The employee reached 20 years of service on February 24, 2007.
3.March 1, 2007 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
SECTION 13 - VACATION LEAVE
LOCAL NO. 1 -39- 2013-2016
4.The increased vacation hours will first appear on the employee’s April 10,
2007 pay warrant.
B. Vacation Accrual Increases for Employees Hired on and after July 1, 2009:
Each employee hired on and after July 1, 2009 is eligible to accrue increased vacation
hours on the first day of the month following the employee's Service Award Date.
Example One:
1.The employee’s Service Award Date is January 1, 1988.
2.The employee reached 20 years of service on January 1, 2008.
C. February 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
D. The increased vacation hours will appear on the employee’s March 10, 2008, pay
warrant.
Example Two:
1.An employee’s Service Award Date is February 24, 1987.
2.The employee reached 20 years of service on February 24, 2007.
3.March 1, 2007 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
4.The increased vacation hours will appear on the employee’s April 10,
2007, pay warrant.
E. Service Award Date Defined: An employee’s Service Award Date is the first day
of his/her temporary, provisional, or permanent appointment to a position in the
County. If an employee is first appointed to a temporary or provisional position
and then later appointed to a permanent position, the Service Award Date for that
employee is the date of the first day of the temporary or provisional appointment.
13.4 Bridged Service Time. Employees who are rehired and have their service
bridged in accordance with the provisions of this MOU shall accrue vacation in
accordance with the accrual formula for employees hired after September 1, 1979.
However, prior service time which has been bridged shall count toward longevity
accrual.
13.5 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or unpaid military leave shall accrue any vacation credit during the
time of such leave, nor shall an employee who is absent without pay accrue vacation
credit during the absence.
SECTION 14 - SICK LEAVE
LOCAL NO. 1 -40- 2013-2016
13.6 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
13.7 Vacation Preference. Use of vacation accruals is by mutual agreement
between the employee and the supervisor and preference of vacation shall be given to
employees according to their seniority in their department as reasonably as possible
unless otherwise provided in the supplemental sections of this Agreement.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized; it is
not paid time off which employees may use for personal activities.
14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as prescribed
by County Salary Regulations and Memoranda of Understanding. Employees who work
a portion of a month are entitled to a pro rata share of the monthly sick leave credit
computed on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one (1)
minute increments and may not be rounded.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave
credits shall be canceled, unless the separation results from layoff, in which case the
accumulated credits shall be restored if reemployed in a permanent position within the
period of layoff eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions
apply:
"Immediate Family" means and includes only the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-
in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle,
cousin, stepbrother, or stepsister, or domestic partner of an employee and/or
includes any other person for whom the employee is the legal guardian or
SECTION 14 - SICK LEAVE
LOCAL NO. 1 -41- 2013-2016
conservator, or any person who is claimed as a "dependent" for IRS reporting
purposes by the employee.
"Employee" means any person employed by Contra Costa County in an allocated
position in the County service.
"Paid Sick Leave Credits" means those sick leave credits provided for by County
Salary Regulations and Memoranda of Understanding.
"Condition/Reason". With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is
requested or verified, a brief statement in non-technical terms from the employee
regarding inability to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
B. Permanent Disability Sick Leave. Permanent disability means the employee
suffers from a disabling physical injury or illness and is thereby prevented from
engaging in any County occupation for which the employee is qualified by reason
of education, training or experience. Sick 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 30 days of the start of use of sick leave for
permanent disability.
3.The appointing authority may review medical evidence and order further
examination as deemed necessary, and may terminate use of sick leave
when such further examination demonstrates that the employee is not
disabled, or when the appointing authority determines that the medical
evidence submitted by the employee is insufficient, or where the above
conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain 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
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recovery therefrom, shall be allowed to utilize sick leave credit to the maximum
accrued by such employee during the period of such disability under the
conditions set forth below:
1.Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability from
the employee's attending physician. The statement must address itself to
the employee's general physical condition having considered the nature of
the work performed by the employee, and it must indicate the date of the
commencement of the disability as well as the date the physician
anticipates the disability to terminate.
2.If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work or that
her general health is impaired due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or recovery there from the
employee shall be required to undergo a physical examination by a
physician selected by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the employee for
the duration of the disability.
3.Except as set forth in Section 14.3 H Baby/Child Bonding, sick leave may
not be utilized after the employee has been released from the hospital
unless the employee has provided the County with a written statement
from her attending physician stating that her disability continues and the
projected dates of the employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1.For working time used in keeping medical and dental appointments for the
employee's own care; and
2.For working time used by an employee for pre-scheduled medical and
dental appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
G. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family or of
the employee’s domestic partner, but this shall not exceed three (3) working
days, plus up to two (2) days of work time for necessary travel. Use of additional
accruals including sick leave when appropriate may be authorized in conjunction
with the bereavement leave at the discretion of the appointing authority.
H. Baby/Child Bonding. Upon the birth or adoption of a child, an employee eligible
for baby-bonding leave pursuant to the California Family Rights Act may use sick
leave credits for such baby-bonding leave.
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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. Unless otherwise provided in
the supplemental sections of this MOU, the following procedures apply:
A. Employee Responsibilities
1.Employees are responsible for notifying their department of an absence
prior to the commencement of their work shift or as soon thereafter as
possible. Notification shall include the reason and possible duration of the
absence.
2.Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
3.Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
4.Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may reasonably
be imposed regarding specific locations and/or persons the department
may contact to verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied if
these procedures are not followed. Abuse of 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:
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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 insure the submission of a time card covering each
employee absence and for operating their respective offices in accordance
with these policies and with clarifying regulations issued by the Office of
the County Administrator.
To help assure uniform policy application, the Director of Human
Resources or designated management staff of the County Human
Resources Department should be contacted with respect to sick leave
determinations about which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of 1937. An appointing authority after giving notice may place
an employee on leave if the appointing authority has filed an application for
disability retirement for the employee, or whom the appointing authority believes
to be temporarily or permanently physically or mentally incapacitated for the
performance of the employee’s duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employees, or the public, or which impair
the employee's performance of duty, may order the employee to undergo at
County expense and on the employees 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
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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 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 he/she deems necessary
in accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (a) or (b) above, the employee
shall be given notice of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified mail, containing the following:
1.A statement of the leave of absence or suspension proposed.
2.The proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee.
3.A statement of the basis upon which the action is being taken.
4.A statement that the employee may review the materials upon which the
action is taken.
5.A statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice) to
respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in
writing may place the employee on a temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven
(7) work days to respond to the appointing authority either orally or in writing
before the proposed action may be taken.
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H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the order to
the employee either personally or by mail, effective either upon personal delivery
or deposit in the US Postal Service.
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
order, appeal the order in writing through the Human Resources Director to the
Merit Board. Alternatively, the employee may file a written election with the
Human Resources Director waiving the employee's right to appeal to the Merit
Board in favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1.The physical or mental health condition cited by the appointing authority
does not exist, or
2.The physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's performance of duty, or is not
sufficient to endanger the health or safety of the employee, other
employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by
the Human Resources Director to the Merit Board for hearing under the Merit
Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in
evidence in such hearings shall remain confidential information and shall not be a
part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and the
employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2.The arbitrator may make his decision based only on evidence submitted
by the County and the employee.
3.The arbitrator may order back pay or paid sick leave credits for any period
of leave of absence or suspension if the leave or suspension is found not
to be sustainable, subject to the employee's duty to mitigate damages.
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LOCAL NO. 1 -47- 2013-2016
4.The arbitrator's fees and expenses shall be paid one-half by the County
and one-half by the employee or employee's union.
14.6 Workers' Compensation. A permanent non-safety employee shall continue to
receive the appropriate percent of regular monthly salary for all accepted claims filed
before January 1, 2000, during any period of compensable temporary disability absence
not to exceed one year. For all accepted claims filed with the County on or after January
1, 2000, the percentage of pay for employees entitled to Workers’ Compensation shall
be decreased from 87% to 86%. For all accepted claims filed with the County on or after
January 1, 2007, the percentage of pay for employees entitled to Workers’
Compensation shall be decreased from 86% to 80%. For all accepted claims filed with
the County on or after January 1, 2008, the percentage of pay for employees entitled to
Workers’ Compensation shall be decreased from 80% to 75%. If Workers’
Compensation becomes taxable, the County agrees to restore the original benefit level
(100% of monthly salary) and the parties shall meet and confer with respect to funding
the increased cost.
A. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses any time on the
day of injury, that day counts as day one (1) of the waiting period. If the injured
worker does not lose time on the date of injury, the waiting period will be the first
three (3) calendar days the employee does not work as a result of the injury. The
time the employee is scheduled to work during this waiting period will be charged
to the employee's sick leave and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the disability exceeds fourteen
(14) days.
B. Continuing Pay. A permanent employee shall receive the appropriate
percentage as outlined above of regular monthly salary during any period of
compensable temporary disability not to exceed one (1) year. Payment of
continuing pay and/or temporary disability compensation is made in accordance
with Part 2, Article 3 of the Workers’ Compensation Laws of California.
"Compensable temporary disability absence" for the purpose of this Section, is
any absence due to work connected disability which qualifies for temporary
disability compensation as set forth in Part 2, Article 3 of the Workers’
Compensation Laws of California.
When any disability becomes medically permanent and stationary and/or reaches
maximum medical improvement, the salary provided by this Section shall
terminate. No charge shall be made against sick leave or vacation for these
salary payments. Sick leave and vacation rights shall not accrue for those
periods during which continuing pay is received.
Employees shall be entitled to a maximum of one (1) year of continuing pay
benefits.
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C. Continuing pay begins at the same time that temporary Workers' Compensation
benefits commence and continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical improvement, or until
one (1) year of continuing pay, whichever comes first provided the employee
remains in an active employed status. Continuing pay is automatically terminated
on the date an employee is separated from County service by resignation,
retirement, layoff, or the employee is no longer employed by the County. In these
instances, employees will be paid Workers’ Compensation benefits as prescribed
by Workers’ Compensation laws. All continuing pay will be cleared through the
County Administrator’s Office, Risk Management Division.
Whenever an employee who has been injured on the job and has returned to
work is required by an attending physician to leave work for treatment during
working hours the employee shall be allowed time off up to three (3) hours for
such treatment without loss of pay or benefits, provided the employee notifies
his/her supervisor of the appointment at least three (3) working days prior to the
appointment or as soon as the employee becomes aware the appointment has
been made. Said visits are to be scheduled contiguous to either the beginning or
end of the scheduled work day whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the County as work related.
D. If an injured employee remains eligible for temporary disability beyond one year,
applicable salary will continue by integrating sick leave and/or vacation accruals
with Workers' Compensation benefits (vacation charges to be approved by the
department and the employee). If salary integration is no longer available,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and whose disability is
medically permanent and stationary and/or reaches maximum medical
improvement, will continue to receive salary by integrating sick leave and/or
vacation accruals with Workers' Compensation rehabilitation temporary disability
benefits until those accruals are exhausted. Thereafter, the rehabilitation
temporary disability benefits will be paid directly to the employee.
F. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
G. Method of Integration. An employee's sick leave and/or vacation charges shall
be calculated as follows:
C = 8 [1 - (W S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
SECTION 15 - CATASTROPHIC LEAVE BANK
LOCAL NO. 1 -49- 2013-2016
For Example:
W = $960 per month Workers' Compensation
S = $1667 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 [1 - ($960 $1,667)]
C = 8 [1 - (.5758)]
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Compensation
14.7 Rehabilitation Program. On May 26, 1981, the Board of Supervisors
established a Labor-Management Committee to administer a rehabilitation program for
disabled employees. It is understood that the benefits specified above in this Section 14
shall be coordinated with the rehabilitation program as determined by the Labor-
Management Committee. The Rehabilitation Committee will meet within sixty (60) days
of ratification of this MOU. The County will schedule committee meetings on a quarterly
basis.
14.8 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid 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.
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. The County Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition
of the employee or family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes to contribute may authorize that a
portion of his/her accrued vacation, compensatory time, holiday compensatory time or
floating holiday be deducted from those account(s) and credited to the Catastrophic
Leave Bank. Employees may donate hours either to a specific eligible employee or to
the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred
to a requesting employee's sick leave account so that employee may remain in paid
status for a longer period of time, thus partially ameliorating the financial impact of the
illness, injury, or condition.
Catastrophic illness or injury is defined as a critical medical condition, a long-term major
physical impairment or disability which manifests itself during employment.
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LOCAL NO. 1 -50- 2013-2016
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 as necessary to
consider all requests for credits and shall make determinations as to the
appropriateness of the request. The committee shall determine the amount of accruals
to be awarded for employees whose donations are non-specific. Consideration of all
requests by the committee will be on an anonymous requester basi s.
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 per donation from balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time accounts. Employees who elect to
donate to a specific individual shall have seventy-five percent (75%) of their donation
credited to the individual 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 (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred twenty
(120) hours per calendar year.
No element of this plan is grievable. All appeals from either a donor or recipient will be
resolved on a final basis by the Director of Human Resources.
No employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awarded benefits. Benefits may be denied, or
awarded for less than six (6) months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose from among eligible applicants,
on an anonymous basis, those who will receive benefits, except for hours donated to a
specific employee. In the event a donation is made to a specific employee and the
committee determines the employee does not meet the Catastrophic Leave Bank
criteria, the donating employee may authorize the hours to be donated to the bank or
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
LOCAL NO. 1 -51- 2013-2016
returned to the donor’s account. The donating employee will have fourteen (14)
calendar days from notification to submit his/her decision regarding the status of their
donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to the Catastrophic Leave
Bank.
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
16.1 General Provisions. The California SDI program provides disability benefits
beginning on the eighth (8th) calendar day of a qualifying disability unless the employee
is hospitalized. Upon hospitalization, benefits can be payable from the first day of the
disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable
from the first day of the disability. The maximum period of state disability payments is up
to one (1) year. Determination of SDI payments and eligibility to receive payments is at
the sole discretion of the State of California.
Integration means that employees will be required to use sick leave accruals to
supplement the difference between the amount of the SDI payment and the employee's
base monthly salary. Integration of sick leave with the SDI benefit is automatic and
cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI,
the department will make appropriate integration adjustments, including retroactive
adjustments if necessary. Employees must inform their department of hospitalization in
a timely manner in order for the department to make appropriate integration
adjustments. State Disability benefit payments will be sent directly to the employees at
their home address by the State of California.
When there are insufficient sick leave accruals available to fully supplement the
difference between the SDI payment and the employee's base monthly salary, accruals
other than sick leave may be used. These accruals may be used only to the extent that
total payments do not exceed the employee's base monthly salary.
16.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual
usage with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the department shall automatically use 0.1 hour of sick
leave per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration with the SDI benefit
terminates. An employee may use any other accruals without reference to or integration
with the SDI benefit.
When the SDI benefit is exhausted, sick leave integration terminates. Then the
employee may use sick leave or other accruals.
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LOCAL NO. 1 -52- 2013-2016
Employees with no sick leave balance at the beginning of the disability integration
period may use any other accruals without reference to or integration with the SDI
benefit.
Employees whose SDI claims are denied must present a copy of their claim denial to
their department. The department will then authorize use of unused sick leave and shall
authorize the use of other accruals as appropriate.
Employees may contact the Human Resources Department, Benefits Division, for
assistance in resolving problems.
16.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick
leave, the employee's sick leave accrual charges while receiving SDI benefits shall be
calculated each month.
The amount of sick leave charged each employee will be calculated in the following
manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to
the daily hours in the employee's schedule and that number of sick leave hours will be
charged against the employee's sick leave accruals.
For purposes of integration with the SDI program, all full-time employees' schedules will
be converted to 8-hour/5-day weekly work schedules during the period of integration.
The formula for full-time employees' sick leave integration charges is shown below:
L = [(S-D) S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Est. Monthly SDI Benefit [D = (W 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees, and those full-time employees
working a light/limited duty reduced schedule program shall have their sick leave
integration adjusted accordingly.
16.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is
defined as the salary amount for the employee's step on the salary schedule for the
employee's permanent classification as shown in the "Salary" field on the On-Line
Payroll Time Reporting System used by departments for payroll reporting purposes.
SECTION 17 - LEAVE OF ABSENCE
17.1 Leave Without Pay. Any employee who has permanent status may be granted
a leave of absence without pay upon written request, approved by the appointing
authority; provided, however, that leaves for pregnancy, pregnancy disability, serious
SECTION 17 - LEAVE OF ABSENCE
LOCAL NO. 1 -53- 2013-2016
health conditions, and family care shall be granted in accordance with applicable state
and federal law.
17.2 General Administration - Leaves of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1.Illness or disability.
2.Pregnancy.
3.Parental.
4.To take a course of study such as will increase the employee's usefulness
on return to the position.
5.For other reasons or circumstances acceptable to the appointing authority.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The procedure
in granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
D. Nevertheless, a leave of absence for the employee's serious health condition or
for family care (FMLA) shall be granted to an employee who so requests it for up
to eighteen (18) weeks during a “rolling” twelve (12) month period measured
backward from the date an employee uses his/her FMLA leave in accordance
with Section 17.5 below.
E. Whenever an employee who has been granted a leave without any pay desires
to return before the expiration of such leave, the employee shall submit a request
to the appointing authority in writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior approval by the appointing
authority. The Human Resources Department shall be notified promptly of such
return.
F. Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, or serious health condition, the decision of the appointing
authority on granting or denying a leave or early return from leave shall be
SECTION 17 - LEAVE OF ABSENCE
LOCAL NO. 1 -54- 2013-2016
subject to appeal to the Director of Human Resources and not subject to appeal
through the grievance procedure set forth in this MOU.
17.3 Furlough Days Without Pay (VTO). Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without pay
(pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for
any one period. Longer pre-authorized absences without pay are considered leaves of
absence without pay. Employees who take furlough time shall have their compensation
for the portion of the month worked computed in accord with Section 5.6 -
Compensation for Portion of Month of this MOU. Full-time and part-time employees who
take furlough time shall have their vacation, sick leave, floating holiday, and any other
payroll computed accruals computed as though they had worked the furlough time.
When computing vacation, sick leave, floating holiday and other accrual credits for
employees taking furlough time, this provision shall supersede Section 12.1, 13.1, 13.3,
14.2 and 14.8 of this MOU regarding the computation of vacation, sick leave, floating
holiday, and other accrual credits as regards furlough time only. For payroll purposes,
furlough time (absence without pay with prior authorization of the appointing 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 contrac t.
17.4 Military Leave. Any employee who is ordered to serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the period of such service, plus
ninety (90) days. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of emergency shall be granted a leave of absence in
accordance with applicable state or federal laws. Upon the termination of such service
or upon honorable discharge, the employee shall be entitled to return to his/her position
in the classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
17.5 Family Care Leave or Medical Leave. Upon request to the appointing
authority, in a “rolling” twelve (12) month period measured backward from the date the
employee uses his/her FMLA leave, any employee who has permanent status shall be
entitled to at least eighteen (18) weeks leave (less if so requested by the employee) for:
SECTION 17 - LEAVE OF ABSENCE
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A. Medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position;
or
B. Family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness o r
health condition of a child, parent, spouse, or domestic partner of the employee.
17.6 Certification. The employee may be asked to provide certification of the need
for family care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
17.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in
broken periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations surrounding the
request for leave. The eighteen (18) weeks may include use of appropriate available
paid leave accruals when accruals are used to maintain pay status, but use of such
accruals is not required beyond that specified in Section 17.12 below. When paid leave
accruals are used for a medical or family care leave, such time shall be counted as a
part of the eighteen (18) week entitlement.
17.8 Aggregate Use for Spouses. In the situation where husband and wife are both
employed by the County, the family care of medical leave entitlement based on the
birth, adoption or foster care of a child is limited to an aggregate for both employees
together of eighteen (18) weeks during a “rolling” twelve (12) month measured
backward from the date the employee uses his/her FMLA leave. Employees requesting
family care leave are required to advise their appointing authority(ies) when their
spouse is also employed by the County.
17.9 Definitions. For medical and family care leaves of absence under this section,
the following definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or
a child who is under eighteen (18) years of age for whom an employee stands in
loco parentis or for whom the employee is the guardian or conservator, or an
adult dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom
the employee is not related and with whom the employee resides and shares the
common necessities of life.
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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 period of treatment or supervision.
5.If for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist in their recovery, and
its expected duration.
G. Certification for Family Medical Leave: A written communication from a health
care provider of an employee with a serious health condition or illness to the
employer, which need not identify the serious health condition involved, but shall
contain:
1.The date, if known, on which the serious health condition commenced.
2.The probable duration of the condition.
3.A statement that the employee is unable to perform the functions of the
employee's job.
4.If for intermittent leave or a reduced work schedule leave, the certification
should indicate the medical necessity for the intermittent leave or reduced
leave schedule and its expected duration.
H. Comparable Positions: A position with the same or similar duties and pay which
can be performed at the same or similar geographic location as the position held
prior to the leave. Ordinarily, the job assignment will be the same duties in the
same program area located in the same city, although specific clients, caseload,
co-workers, supervisor(s), or other staffing may have changed during an
employee's leave.
SECTION 17 - LEAVE OF ABSENCE
LOCAL NO. 1 -57- 2013-2016
17.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 14.3.D (Sick Leave Utilization for Pregnancy Disability), that time will not
be considered a part of the eighteen (18) week family care leave period.
17.11 Group Health Plan Coverage. Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in Section 17.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 17.5 above, the County will
continue its contribution for such health plan coverage even if accruals are not available
for use to maintain pay status as required under Section 17.12. In order to maintain
such coverage, employees are required to pay timely the full employee contribution to
maintain their group health plan coverage, either through payroll deduction or by paying
the County directly.
17.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using available sick leave (if so entitled 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 LTD Benefit Coordination or
SDI/Sick Leave Integration or as provided Section 16.3 or in the sections below.
B. Family Care or Medical Leave (FMLA). During the eighteen (18) weeks of an
approved medical or family care leave, if a portion of that leave will be on a leave
of absence without pay, the employee will be required to use at least 0.1 hour of
sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid
Sick Leave), vacation, floating holiday, compensatory time off or other accruals
or entitlements if such are available, although use of additional accruals is
permitted under subsection A. above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. A n eligible
employee who files an LTD claim and concurrently takes a leave of absence
without pay will be required to use accruals as provided in Section B herein
during the eighteen (18) week entitlement period of a medical leave specified
above. If an eligible employee continues beyond the eighteen (18) week
entitlement period on a concurrent leave of absence/LTD claim, the employee
may choose to maintain further pay status only as allowed under subsection A.
herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave.
LOCAL NO. 1 -58- 2013-2016
17.13 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence, shall be
reinstated to a position in that classification and department and then only on the basis
of seniority. In case of severance from service by reason of the reinstatement of a
permanent employee, the provisions of Section 11 - Workforce
Reduction/Layoff/Reassignment shall apply.
17.14 Leave of Absence Return. In the Employment & Human Services Department
an employee shall have the right to return to the same class, building, and assignment
(position control number) if the return to work is within eighty-nine (89) consecutive days
from the initial date the employee started the leave of absence. At such time the leave
of absence is approved by the Appointing Authority, the Employment & Human Services
Department shall notify the employee of the final date by which he/she shall return to be
assigned to the same position control number.
17.15 Reinstatement From Family Care/Medical Leave. In the case of a family care
or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than ninety (90) work days of
leave from the initial date of a continuous leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full-time employee taking an intermittent or
reduced work schedule leave shall be reinstated to the same or comparable position if
the return to work on a full schedule is after no more than seven hundred twenty (720)
hours, including use of accruals, of intermittent or reduced schedule leave. At the time
the original leave is approved, the appointing authority shall notify the employee in
writing of the final date to return to work, or the maximum number of hours of leave, in
order to guarantee reinstatement to the same or comparable position. An employee on
a schedule other than 5/40 shall have the time frame for reinstatement to the same or
comparable position adjusted on a pro rata basis.
17.16 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
preceding year, shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military
leave.
17.17 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authority, or at the expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
17.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall
remain in effect.
SECTION 18 - JURY DUTY AND WITNESS DUTY
LOCAL NO. 1 -59- 2013-2016
SECTION 18 - JURY DUTY AND WITNESS DUTY
18.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
A. When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
B. Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
C. If summoned for jury duty in a Superior, Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or they may take paid
leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and
expenses paid to them.
D. When an employee is summoned for jury duty selection or is selected as a juror
in a Superior or Federal Court, employees may remain in a regular pay status if
they waive all fees (other than mileage), regardless of shift assignment and the
following shall apply:
1.If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain from the
Clerk or Jury Commissioner a certificate indicating the days attended and
noting that fees other than mileage are waived or surrendered. The
employee shall furnish the certificate to his department where it will be
retained as a department record. No "Absence/Overtime Record" is
required.
2.An employee who elects to retain all fees must take leave (vacation,
floating holiday, etc.) or leave without pay. No court certificate is required
but an "Absence/Overtime Record" must be submitted to the department
payroll clerk.
E. Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
F. An employee on short notice standby to report to court, whose job duties make
short notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short
notice.
G. When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1 -60- 2013-2016
H. Permanent-intermittent employees are entitled to paid jury duty leave only for
those days on which they were previously scheduled to work.
18.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to them
other than mileage allowance or they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in Section 18 of this MOU. Employees shall advise their department as
soon as possible if scheduled to appear for witness duty. Permanent-intermittent
employees are entitled to paid witness duty only for those days on which they were
previously scheduled to work.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
19.1 Health Plan Coverages. The County will provide the medical and dental
coverage for permanent employees regularly scheduled to work twenty (20) or more
hours per week and for their eligible family members, expressed in one of the Health
Plan contracts and one of the Dental Plan contracts between the County and the
following providers:
A. Contra Costa Health Plans (CCHP)
B. Kaiser Permanente Health Plan
C. Health Net
D. Delta Dental
E. DeltaCare (PMI)
Employee Co-pays for these plans are shown on Attachment B.
19.2 Monthly Premium Subsidy:
A. For each health and/or dental plan, the County’s monthly premium subsidy is a
set dollar amount and is not a percentage of the premium charged by the plan.
The County will pay the following monthly premium subsidy:
1.Contra Costa Health Plans (CCHP), Plan A
Single: $509.92
Family: $1,214.90
2.Contra Costa Health Plans (CCHP), Plan B
Single: $528.50
Family: $1,255.79
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3.Kaiser Permanente Health Plan
Single: $478.91
Family: $1,115.84
4.Health Net HMO
Single: $627.79
Family: $1,540.02
5.Health Net PPO
Single: $604.60
Family: $1,436.25
6.Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7.Delta Dental with Kaiser or Health Net
Single: $34.02
Family: $76.77
8.Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
9.DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
10.DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11.DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
B. If the County contracts with a health and/or dental plan provider not listed above,
the amount of the premium subsidy that the County will pay to that health and/or
dental plan provider for employees and their eligible family members shall not
exceed the amount of the premium subsidy that the County would have paid to
the former plan provider.
C. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any health and/or dental
plan, for any plan year, the County’s contribution will not exceed one hundred
percent (100%) of the applicable plan premium.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1 -62- 2013-2016
19.3 Retirement Coverage:
A. Upon Retirement:
1.Upon retirement, eligible employees and their eligible family
members may remain in their County health/dental plan, but without
County-paid life insurance coverage, if immediately before their
proposed retirement the employees and dependents are either
active subscribers to one of the County contracted health/dental
plans or if while on authorized leave of absence without pay, they
have retained continuous coverage during the leave period. The
County will pay the health/dental plan monthly premium subsidies
set forth in Section 19.2 for eligible retirees and their eligible family
members.
2.Any person who becomes age 65 on or after January 1, 2010 and
who is eligible for Medicare must immediately enroll in Medicare
Parts A and B.
3.For employees hired on or after January 1, 2010 and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health and/or dental plan after they separate from
County employment. However, any such eligible employee who
retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a
county health or dental plan provided that (i) he or she begins to
receive a monthly retirement allowance from CCCERA within 120
days of separation from County employment and (ii) he or she pays
the full premium cost under the health and/or dental plan without
any County premium subsidy.
B. Employees Who File For Deferred Retirement: Employees, who resign
and file for a deferred retirement and their eligible family members, may
continue in their County group health and/or dental plan under the
following conditions and limitations.
1.Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
2.Life insurance coverage is not included.
3.To continue health and dental coverage, the employee must:
a.be qualified for a deferred retirement under the 1937
Retirement Act provisions;
b. be an active member of a County group health and/or dental
plan at the time of filing their deferred retirement application
and elect to continue plan benefits;
c. be eligible for a monthly allowance from the Retirement
SECTION 19 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1 -63- 2013-2016
System and direct receipt of a monthly allowance within
twenty-four (24) months of application for deferred retirement;
and
d.file an election to defer retirement and to continue health
benefits hereunder with the County Benefits Division within
thirty (30) days before separation from County service.
4.Deferred retirees who elect continued health benefits hereunder
and their eligible family members may maintain continuous
membership in their County health and/or dental plan group during
the period of deferred retirement by paying the full premium for
health and dental coverage on or before the 10 th of each month, to
the Contra Costa County Auditor-Controller. When the deferred
retirees begin to receive retirement benefits, they will qualify for the
same health and/or dental coverage pursuant to subsection (A)
above, as similarly situated retirees who did not defer retirement.
5.Deferred retirees may elect retiree health benefits hereunder
without electing to maintain participation in their County health
and/or dental plan during their deferred retirement period. When
they begin to receive retirement benefits they will qualify for the
same health and/or dental coverage pursuant to subsection (A),
above, as similarly situated retirees who did not defer retirement,
provided reinstatement to a County group health and/or dental plan
will only occur following a three (3) full calendar month waiting
period after the month in which their retirement allowance
commences.
6.Employees who elect deferred retirement will not be eligible in any
event for County health and/or dental plan subvention unless the
member draws a monthly retirement allowance within twenty-four
(24) months after separation from County service.
7.Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for retiree health/dental
coverage, as similarly situated retirees who did not defer
retirement.
C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsections (A) and (B), above,
upon completion of fifteen (15) years of service as an employee of Contra
Costa County. For purposes of retiree health eligibility, one year of
service is defined as one thousand (1,000) hours worked within one
anniversary year. The existing method of crediting service while an
employee is on an approved leave of absence will continue for the
duration of this Agreement.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1 -64- 2013-2016
D. Subject to the provisions of Section 19.3 subparts (A) (B), and (C) and
upon retirement and for the term of this agreement, the following
employees (and their eligible family members) are eligible to receive a
monthly premium subsidy for health and/or dental plans or are eligible to
retain continuous coverage of such plans: employees, and each employee
who retires from a position or classification that was represented by this
bargaining unit at the time of his or her retirement.
E. For purposes of this Section 19.3 only, “eligible family members” does not
include Survivors of employees or retirees.
19.4 Health Plan Coverages and Provisions: The following provisions are
applicable regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent
part-time employees working nineteen (19) hours per week or less may
participate in the County Health and/or Dental plans (with the associated
life insurance benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan
through the last day of the month in which he/she separates. Employees
who separate from County employment may continue group health and/or
dental plan coverage to the extent provided by the COBRA laws and
regulations.
19.5 Family Member Eligibility Criteria: The following persons may be enrolled as
the eligible Family Members of a medical and/or dental plan Subscriber:
A. Health Insurance
1.Eligible Dependents:
a.Employee’s Legal Spouse
b.Employee’s qualified domestic partner
c.Employee’s child to age 26
d.Employee’s Disabled Child who is:
(1) over age 26,
i.Unmarried; and,
ii.Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
2.“Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1 -65- 2013-2016
B. Dental Insurance
1.Eligible Dependents:
a.Employee’s Legal Spouse
b.Employee’s qualified domestic partner
c.Employee’s unmarried child who is:
(1) Under age 19; or
(2)Age 19, or above, but under age 24; and,
i.Resides with the Employee for more than 50% of the
year excluding time living at school; and,
ii.Receives at least 50% of support from Employee;
and,
iii.Is enrolled and attends school on a full-time basis, as
defined by the school.
d.Employee’s Disabled Child who is:
(1) Over age 19,
i.Unmarried; and,
ii.Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
2.“Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
19.6 Dual Coverage:
A. Each employee and retiree may be covered only by a single County health
(and/or dental) plan, including a CalPERS plan. For example, a County
employee may be covered under a single County health and/or dental
plan as either the primary insured or the dependent of another County
employee or retiree, but not as both the primary insured and the
dependent of another County employee or retiree.
B. All dependents, as defined in Section 19.5, Family Member Eligibility
Criteria, may be covered by the health and/or dental plan of only on e
spouse or one domestic partner. For example, when both husband and
wife are County employees, all of their eligible children may be covered as
dependents of either the husband or the wife, but not both.
C. For purposes of this Section 19.6 only, “County” includes the County of
Contra Costa and all special districts governed by the Board of
Supervisors, including, but not limited to, the Contra Costa County Fire
Protection District.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1 -66- 2013-2016
19.7 Life Insurance Benefit Under Health and Dental Plans: For employees who
are enrolled in the County’s program of medical or dental coverage as either the primary
or the dependent, term life insurance in the amount of ten thousand dollars ($10,000)
will be provided by the County.
19.8 Supplemental Life Insurance: In addition to the life insurance benefits provided
by this agreement, employees may subscribe 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 thousand ($100,000) is
a guaranteed issue, provided the election is made within the required enrollment
periods.
19.9 Health Care Spending Account. After six (6) months of permanent
employment, full time and part time (20/40 or greater) employees may elect to
participate in a Health Care Spending Account (HCSA) Program designed to qualify for
tax savings under Section 125 of the Internal Revenue Code, but such savings are not
guaranteed. The HCSA Program allows employees to set aside a predetermined
amount of money from their pay, not to exceed the maximum amount authorized by
federal law, per calendar year, of before tax dollars, for health care expenses not
reimbursed by any other health benefit plans. HCSA dollars may be expended on any
eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused
balance is forfeited and cannot be recovered by the employee.
19.10 PERS Long-Term Care: The County will deduct and remit monthly premiums to
the PERS Long-Term Care Administrator for employees who are eligible and voluntarily
elect to purchase long-term care at their personal expense through the PERS Long-
Term Care Program.
19.11 Dependent Care Assistance Program: The County offers the option of
enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax
savings under Section 129 of the Internal Revenue Code, but such savings are not
guaranteed. The program allows employees to set aside up to five thousand dollars
($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent
care (child and elder care) expenses. Any unused balance is forfeited and cannot be
recovered by the employee.
19.12 Premium Conversion Plan: The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue
Code, but tax savings are not guaranteed. The program allows employees to use pre-
tax dollars to pay health and dental premiums.
19.13 Prevailing Section: To the extent that any provision of this Section (Section 19
Health, Life & Dental Care) is inconsistent with any provision of any other County
enactment or policy, including but not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management Regulations, or any other agreement or order
of the Board of Supervisors, the provision(s) of this Section (Section 19 Health, Life &
Dental Care) will prevail.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
LOCAL NO. 1 -67- 2013-2016
19.14 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to employees and departments
information about rate changes as they occur during the year.
19.15 Partial Month. The County's contribution to the health plan premium is payable
for any month in which the employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the premium, the employee
must make up the difference by remitting the amount delinquent to the Auditor-
Controller. The responsibility for this payment rests with the employee. If payment is not
made, the employee shall be dropped from the health plan.
19.16 Coverage During Absences
Employees shall be allowed to maintain their health plan coverage at the County group
rate for twelve (12) months if on approved leave of absence provided that the employee
shall pay the entire premium (i.e. both employer and employee share) for the health
plan during said leave. Said payment shall be made by the employee at a time and
place specified by the County. Late payment shall result in cancellation of health plan
coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act
(COBRA) provided the employee pays the entire cost of coverage, plus any
administrative fees, for the option selected. The entire cost of coverage shall be paid at
a place and time specified by the County. Late payment may result in cancellation of
health plan coverage with no reinstatement allowed.
19.17 Child Care. The County will continue to support the concept of non-profit child
care facilities similar to the “Kid’s at Work” program established in the Public Works
Department.
19.18 Health Care Oversight Committee. The County and the Health Care Oversight
Committee will continue during the duration of this agreement.
19.19 Health Plan Re-Opener. This agreement will open on April 1, 2015, for the
limited purpose of bargaining over Section 19, Health, Life, and Dental Care, to explore
changes effective in the 2016 Plan year.
The County is committed to evaluating alternative approaches to sharing health care
premiums for the 2016 Plan year, taking into consideration any effect on its budget.
During the reopener, the County will not propose reducing the current dollar amount of
the County's premium subsidy for health plans and will not unilaterally impose a
reduction in the current dollar amount of the County's health plan premium subsidy for
the 2016 Plan year.
SECTION 20 - PROBATIONARY PERIOD
LOCAL NO. 1 -68- 2013-2016
In the event the parties fail to reach an agreement by January 1, 2016, and not
withstanding Section 25.7, (Strike/Work Stoppage) the Union reserves the right to strike
with respect to the subject of the reopener.
SECTION 20 - PROBATIONARY PERIOD
20.1 Duration. All appointments from officially promulgated employment lists for
original entrance and promotion shall be subject to a probationary period. For original
entrance appointments, the probationary period shall be from nine (9) months to two (2)
years duration. For promotional appointments, the probation period shall be from six (6)
months to two (2) years duration.
20.2 Classes With Probationary Period Over Six / Nine Months. Listed below are
those classes represented by the Union which have probation periods in excess of nine
(9) months for original entrance appointments and six (6) months for promotional
appointments:
Agricultural Biologist Trainee - one (1) year
Animal Services Officer - one (1) year
Apprentice Mechanic - two (2) years
Child Support Specialist - one (1) year
Public Service Officer - one (1) year
Security Guard - one (1) year
Weights & Measures Inspector Trainee - one (1) year
20.3 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
20.4 Criteria. The probationary period shall date from the time of appointment to a
permanent position after certification from an eligible list. It shall not include time served
under provisional appointment or under appointment to limited term positions or any
period of continuous leave of absence without pay or period of work connected disability
exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent positions with a nine (9)
month probation period, probation will be considered completed upon serving fifteen
hundred (1500) hours after appointment except that in no instance will this period be
less than nine (9) calendar months from the beginning of probation. If a permanent-
intermittent probationary employee is reassigned to full-time, credit toward probation
completion in the full-time position shall be prorated on the basis of one hundred
seventy-three (173) hours per month.
20.5 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
SECTION 20 - PROBATIONARY PERIOD
LOCAL NO. 1 -69- 2013-2016
A. Appeal from Rejection. Notwithstanding any other provisions of this section, an
employee (probationer) shall have the right to appeal from any rejection during
the probationary period based on political, or religious or union activities, or race,
color, national origin, sex, age, disability, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
Subsection A and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of
delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
Subsection A, it may refer the matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in which proceedings the rejected
probationer has the burden of proof.
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 th e
appellant be reinstated in the position and the appellant shall begin a new
probationary period unless the Merit Board specifically reinstates the former
period.
20.6 Regular Appointment. The regular appointment of a probationary employee will
begin on the day following the end of the probationary period . A probationary employee
may be rejected at any time during the probation period without regard to the Skelly
provisions of this Memorandum, without notice and without right of appeal or hearing ,
except as provided in Section 20.5.A.
Notwithstanding any other provisions of the MOU, an employee rejected during the
probation period from a position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months after
being promoted or transferred from a position in the Merit System to a position not
included in the Merit System shall be restored to a position in the classification in the
department from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall
not be restored to the eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the appointing authority and is
certified by the Director of Human Resources whose decision is final. The Director of
Human Resources shall not certify the name of a person restored to the eligible list to
the same appointing authority by whom the person was rejected from the same eligible
list, unless such certification is requested in writing by the appointing authority.
SECTION 21 - PROMOTION
LOCAL NO. 1 -70- 2013-2016
20.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another classification, the employee shall
serve a full probationary period. An employee appointed to a permanent position from a
layoff or reemployment list is subject to a probation period if the position is in a
department other than the department from which the employee separated, displaced,
or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment
list is not subject to a probation period if the position is in the department from which the
employee separated, displaced or voluntarily demoted in lieu of layoff.
20.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is appointed
from the layoff list and then rejected during the probation period shall be automatically
restored to the layoff list, unless discharged for cause, if the person is within the period
of layoff eligibility. The employee shall begin a new probation period of subsequently
certified and appointed in a different department or classification than that from which
the employee was laid off.
SECTION 21 - PROMOTION
21.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
21.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
21.3 Open Exam. If an examination for one of the classes represented by the Union
is proposed to be announced on an Open only basis the Director of Human Resources
shall give five (5) days prior notice of such proposed announcement and shall meet at
the request of the Union to discuss the reasons for such open announcement.
21.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
B. The incumbent of the position must have performed at the higher level for six (6)
months.
C. The incumbent must meet the minimum education and experience requirements
for the higher class.
SECTION 22 - TRANSFER & REASSIGNMENT
LOCAL NO. 1 -71- 2013-2016
D. The action must have approval of the Director of Human Resources.
E. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
21.5 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or per-
manent status in the merit system and must possess the minimum qualifications for the
class. Applicants will be admitted to promotional examinations only if the requirements
are met on or before the final filing date. If an employee who is qualified on a
promotional employment list is separated from the merit system, except by layoff, the
employee's name shall be removed from the promotional list.
21.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy (70) percent or more, shall receive, in addition to all other credits, five one-
hundredths of one percent (.05%) for each completed month of service as a permanent
County employee continuously preceding the final date for filing application for said
examination. For purposes of seniority credits, leaves of absence shall be considered
as service. Seniority credits shall be included in the final percentage score from which
the rank on the promotional list is determined. No employee, however, shall receive
more than a total of five percent (5%) credit for seniority in any promotional
examination.
21.7 Release Time for Physical Examination. County employees who are required
as part of the promotional examination process to take a physical examination shall do
so on County time at the County’s expense.
21.8 Release Time for Examinations. Permanent employees will be granted
reasonable time from work without loss of pay to take County examinations or to go to
interviews for a County position provided the employees give the Department sufficient
notice of the need for time off. “Reasonable” release time shall include time for travel
and interviewing/testing.
SECTION 22 - TRANSFER & REASSIGNMENT
22.1 Transfer Conditions. The following conditions are required in order to qualify
for transfer:
A. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on
the basis of minimum qualifications and qualifying procedure.
B. The employee shall have permanent status in the merit system and shall be in
good standing.
SECTION 22 - TRANSFER & REASSIGNMENT
LOCAL NO. 1 -72- 2013-2016
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.
22.2 Transfer Policy. 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. The Director of Human Resources shall if he or she considers
that the reasons are adequate and that the transfer will be for the good of the County
service and the parties involved, inform the appointing authority or authorities
concerned and the employee of the proposal and may take the initiative in
accomplishing the transfer.
22.3 Reassignment of Work Location. Employees desirous of reassignment to a
position in the same classification at another work location shall submit a request for
reassignment in writing to the Department Head. When openings occur in various work
locations, requests for reassignment will be reviewed with consideration given to various
factors including but not limited to distance of employee's residence from desired work
location and relative length of service of the applicants for a particular location. The
Department Head or designated representative shall make the sole determination as to
assignment of personnel, except as otherwise provided in the supplemental sections of
this MOU. This provision applies to intradepartmental reassignments only.
This provision for work location reassignments applies only to the following units:
Agriculture Unit (excluding the Weights and Measures Division) and Library Unit.
22.4 Voluntary Reassignment (Bidding) Procedure. The below listed procedure
shall apply to the following groups of employees: the entire General Services and
Maintenance Unit, the entire LVN-Attendant/Aide Unit, the entire Health Services Unit,
and that portion of the Engineering Unit in the Public Works Department.
Permanent employees may request reassignment to vacant permanent positions in the
same classification or in the same level of their deep classification. All permanent
vacancies will be offered for bid to presently assigned full-time, part-time and
permanent-intermittent employees for reassignment. Nothing herein precludes the
making of temporary reassignments not entailing the filling of vacant permanent
positions. The following procedures shall apply:
A. Responsibility. Implementation of the reassignment procedure is the
responsibility of the supervisor of the position which is vacant.
SECTION 22 - TRANSFER & REASSIGNMENT
LOCAL NO. 1 -73- 2013-2016
B. Vacancy Notices Posted. Vacant position notices for positions which are to be
filled shall be posted for seven (7) calendar days. The notice shall specify job
characteristics including the specific hours and days of work, noting that the
hours and days of work are subject to change as provided for by the MOU and
shall be posted only once. The supervisor may begin interviewing bidders
immediately upon posting the bid notice. If the supervisor receives less than
three (3) bidders, he or she may fill the position by using the Merit System
eligible list or by making internal reassignments. For purposes of this procedure,
a bidder is an employee in the same class who is eligible to bid under Section d,
following, and who meets all the minimum qualifications for the position including
any specialized requirements such as bilingual ability, position flag requirements ,
and who submits a bid on the position.
C. All Vacancies Must be Posted. All vacant positions which may occur by creation
of new positions, separation, promotion, demotion or reassignment must be
posted for permanent employee bidding.
D. Who May Request Reassignment. All permanent full-time, permanent part-time
or permanent-intermittent employees may request reassignment to any open
permanent position in the same classification or in the same level of a deep
classification anywhere else in their Department.
E. Who May Not Request Reassignment. Employees who are in a temporary status
or provisionally appointed to a permanent position may not bid for reassignment
under this procedure.
F. Employee Selection. If three (3) or more employees bid on the position, the
position shall be filled from among the three (3) most senior bidders. For the
purposes of bidder selection, the "Rule of 3" shall apply. That is, the supervisor is
entitled to select from three (3) candidates and the three (3) most senior may be
considered as equal. Seniority for bidding purposes means classification seniority
for layoff purposes. If two (2) employees bid, the supervisor shall be entitled to
one (1) additional name from an eligible list. If one (1) employee bids, the
supervisor shall be entitled to two (2) additional names from an eligible list. If no
employees bid, the supervisor may fill the position from an eligible list or
otherwise in accordance with the Personnel Management Regulations.
The supervisor shall offer to interview all candidates either in person or on the
telephone. Subsequent to submitting a bid, an employee may waive
consideration for the position at any time by notifying the supervisor verbally or in
writing in which case the next most senior bidder (if any) or candidate from the
eligible list may be considered. The remaining active bidders will be advised
within ten (10) work days after the posting is removed whether they have been
selected or the status of their bid. If requested by the employee, supervisors shall
give an employee in writing the reason(s) why he or she was not selected.
G. No Old Job Claim. The selected employee shall have no claim on the job(s) he
or she left. If a decision is made by the employee to seek immediate
SECTION 22 - TRANSFER & REASSIGNMENT
LOCAL NO. 1 -74- 2013-2016
reassignment, the employee may only be placed in another vacant position in
accordance with this policy.
H. Bidding While on Leave. Employees interested in a particular assignment and
wishing to be notified of an open position while on vacation, sick leave or leave of
absence (not scheduled day off) may leave a written notice or a self-addressed,
stamped envelope with the supervisor of the position they are interested in.
I. Probationary and New Assignment Bidding. Employees who are on probation or
who have been in a new work assignment for less than three (3) months, may bid
for a vacant position which is open. The bid will be considered if, when bidding is
closed, there are less than three (3) employees who are not on probation or in
new assignments who have bid for the position. Bids from employees on
probation or in new assignments will be in addition to any names referred to the
department through the certification process described in Section 22.4-f above.
Probation Counselors who have completed three (3) months of their one (1) year
probation may bid the same as all other permanent employees.
CONTRA COSTA COUNTY - LOCAL NO. 1 BID NOTICE
TO: Permanent Employees in the class of ___________________
FROM: __________________ _____________________
Name Title
SUBJECT: NOTICE OF OPEN POSITION
Classification: Position No: _________
Level: Position Type: FT PPT PI___
(If deep classification)
Department: Division:___________________
Geographic Area:______________________________________
(East, West, Central)
Worksite (street address, etc.): _________________________
Shift/Hours: Days Off: ______________
Other Requirements (i.e., bilingual ability, position flags):
All eligible full time, permanent part-time, or permanent-intermittent employees in the
above classification interested in this position, submit bids IN WRITING on Form 103
(WIDSI) to:
by: ________ _____________
Name Date Time of Day
Posting Date: Removal Date:
SECTION 22 - TRANSFER & REASSIGNMENT
LOCAL NO. 1 -75- 2013-2016
22.5 Involuntary Reassignment Procedure. The below listed procedure shall apply
to the following groups of employees (except in the case of layoffs where Section 22.6
governs): entire General Services and Maintenance Unit; entire LVN/Attendant/Aide
Unit; entire Health Services Unit; Probation Counselors in the Probation Department;
and that portion of the Engineering Unit in the Public Works Department.
Department management, at its sole discretion, may determine from time to time that
involuntary reassignments of staff are required. Involuntary reassignments are the
reassignments of permanent employees in their existing classification to a new worksite,
shift, or program area. Such decisions may result from inability to fill a vacancy through
the voluntary reassignment procedure or from a determination that excess staff are
allocated to a certain site, shift, or program. When such decisions are made and the
reassignments are permanent, the below listed procedure shall apply.
This policy shall not apply to temporary reassignments of less than eight (8) weeks
duration to cover such things as vacation relief, sick leave absences, temporary shifts in
workload, training assignments, or temporary short term assignments to cover vacant
positions which could not be filled through the voluntary reassignment policy and for
which actions are underway to fill permanent from an eligible list. If a temporary
reassignment is expected to exceed eight (8) weeks in duration, the affected
Department shall either use the below listed procedure or will meet and confer with the
Union on a case by case basis regarding an alternative approach:
A. Management will identify the classifications and positions from which
reassignments are necessary.
B. Affected employees will be provided with a list of vacancies/ assignments for
which they may apply.
C. Affected employees shall be given the opportunity to volunteer for the available
vacancies/assignments and shall be considered in accordance with Part f. of the
voluntary reassignment procedure.
D. If there are insufficient volunteers for the number of available positions or no
volunteers, and involuntary reassignments are still required, the least senior
qualified affected employee shall be reassigned to the vacant assignment
identified by management, followed by the next least senior employee, and so on
in inverse order of seniority until all necessary reassignments are completed.
Qualified is defined as a person possessing the necessary training or experience
for the specific assignment.
Seniority for involuntary reassignment purposes shall be defined as seniority
within classification. Nothing contained in this Section shall prohibit the
Department and the Union from making a mutually agreed upon alternative
arrangement.
In no event shall reassignments be utilized for disciplinary purposes.
SECTION 23 - RESIGNATIONS
LOCAL NO. 1 -76- 2013-2016
22.6 Reassignment Due to Layoff or Displacement. When reassignment of an
employee or employees is necessary due to layoff or displacement, the following
procedures shall be followed:
A. A list of vacant positions shall be posted in work areas of all affected employees
for a minimum of five (5) work days.
B. Employees shall be given the opportunity to volunteer for vacancies and shall be
reassigned on the basis of seniority.
C. If there are no volunteers for reassignment, the least senior employee(s) in that
class shall be reassigned.
D. Management shall have the sole prerogative to select the vacancy to which the
least senior employee(s) shall be reassigned.
Seniority for reassignment purposes shall be defined as (in Section II, Layoff)
seniority within classification. If reduction or reassignment by site is necessary,
the least senior employee in the affected class at the site shall be reassigned. If
reduction or reassignment is necessary by shift, the least senior employee in the
affected class assigned to the affected shift shall be reassigned. Nothing
contained in this Section shall prohibit a Department and the Union from making
a mutually agreed upon alternative arrangement.
SECTION 23 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Ora l
resignation shall be immediately confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and shall indicate the effective
date of termination.
23.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
23.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
A. An employee has been absent from duty for five (5) consecutive working days
without leave; and
B. Five (5) more consecutive work days have elapsed since the County mailed a
notice of resignation by the appointing authority to the employee at the
employee's last known address.
LOCAL NO. 1 -77- 2013-2016
C. The letter to the employee will include a document that gives the employee the
option of authorizing the County to provide his/her union with a copy of the
constructive resignation letter. If the employee signs the authorization document
and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the constructive resignation letter to the
employee’s union, as authorized.
23.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative on that date or another date specified. An employee
who resigns without advance notice as set forth in Section 23.1, may seek recession of
the resignation and reinstatement by delivering an appeal in writing to the Human
Resources not later than close of business on the third (3rd) calendar day after the
resignation is effective. Within five (5) work days of receipt of the appeal, the Human
Resources Director shall consider the appeal and render a final and binding decision
including, if applicable, the date of reinstatement.
23.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee
could have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day 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
25 of the MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the resignatio n
was coerced, the resignation shall be deemed revoked and the employee
returned to duty effective on the day following the decision but without loss of
seniority or pay, subject to the employee's duty to mitigate damages.
SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
LOCAL NO. 1 -78- 2013-2016
SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
24.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in pay
may not exceed five percent (5%) for a three (3) month period. The following are
sufficient causes for such action; the list is indicative rather than inclusive of restrictions
and dismissal, suspension or demotion may be based on reasons other than those
specifically mentioned:
A. Absence without leave.
B. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the merit system into disrepute.
D. Disorderly or immoral conduct.
E. Incompetence or inefficiency.
F. Insubordination.
G. Being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises.
H. Neglect of duty (i.e. non-performance of assigned responsibilities).
I. Negligent or willful damage to public property or waste of public supplies or
equipment.
J. Violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head.
K. Willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations.
L. Material and intentional misrepresentation or 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.
SECTION 24 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
LOCAL NO. 1 -79- 2013-2016
P. Excessive or unexcused absenteeism and/or tardiness.
Q. Sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile working
environment.
24.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend
for more than three (3) work days, temporarily reduce the pay of, or demote an
employee, the appointing authority shall cause to be served personally or by certified
mail, on the employee, a Notice of Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions and grounds upon which
the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule 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.
In addition to the Notice of Proposed Action, the appointing authority will serve the
employee with a document that gives the employee the option of authorizing the County
to provide his/her union with a copy of the Notice of Proposed Action. If the employee
signs the authorization document and returns it to the appointing authority, the
appointing authority will thereafter, within one work day, provide a copy of the
employee’s Notice of Proposed Action to his/her union, as authorized.
In addition to the Order and Notice, the appointing authority will serve the employee with
a document that gives the employee the option of authorizing the County to provide
his/her union with a copy of the Order and Notice. If the employee signs the
authorization document and returns it to the appointing authority, the appointing
authority will thereafter, within one work day, provide a copy of the employee’s Order
and Notice to his/her union, as authorized.
24.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
LOCAL NO. 1 -80- 2013-2016
writing the period to respond. If the employee's response is not filed within seven (7)
days or during an extension, the right to respond is lost.
24.4 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
24.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
24.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or
Demotion.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or
demote an employee having permanent status in a position in the merit system,
after having complied with the Skelly requirements where applicable, the
appointing authority shall make an order in writing stating specifically the causes
for the action.
B. Service of Order. Said order of dismissal, suspension, temporary reduction in
pay, or demotion shall be filed with the Director of Human Resources, showing
by whom and the date a copy was served upon the employee to be dismissed,
suspended, temporarily reduced in pay, or demoted, either personally or by
certified mail to the employee's last known mailing address. The order shall be
effective either upon personal service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, temporary reduction in pay, or demotion either to the Merit Board or
through the procedures of Section 25 - 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 25 of this
MOU.
24.7 Employee Representation Rights. The County recognizes an employee’s right
to representation during an investigatory interview or meeting which may result in
discipline. The County shall not interfere with the representative’s right to assist an
employee to clarify the facts during the interview. If the employee requests a union
representative, the investigatory interview shall be temporarily recessed for a
reasonable period of time until a union representative can be present. For those
interviews, which by nature of the incident must take place immediately, the union will
take all reasonable steps to make a union representative immediately available.
The employer shall inform the employee of the general nature of the investigation at the
time the employer directs the employee to be interviewed.
SECTION 25 - GRIEVANCE PROCEDURE
LOCAL NO. 1 -81- 2013-2016
SECTION 25 - GRIEVANCE PROCEDURE
25.1 Definition and Procedure. A grievance is any dispute which involves the
interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU which 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. 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 or designee, who shall meet with the
grievant within five (5) work days of receipt of a written request to hold such meeting.
Grievances challenging suspensions, reductions in pay, demotions and terminations
may be filed at Step 3 within the time frame set forth above.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may
submit the grievance in writing within ten (10) work days to such management official as
the Department Head may designate. This formal written grievance shall state which
provision of the MOU has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's detriment, and the redress
he or she seeks. A copy of each written communication on a grievance shall be filed
with the Director of Human Resources. The Department Head or his or her designee
shall have ten (10) work days in which to respond to the grievance in writing. If either
the union or grievant request a meeting with the Department Head or his/her designee
at this step, such a meeting will be held.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the union may
appeal in writing within ten (10) work days to the Director of Human Resources. The
Director of Human Resources or his/her designee shall have twenty (20) work days in
which to investigate the merits of the complaint and to meet together at the same time
with the Department Head or his/her designee, the grievant, and the union. For
grievances involving interpretation of this MOU, the Director of Human Resources or
his/her designee will decide the grievance on its merits and provide the grievant, the
union, and the Department with a written decision within fifteen (15) workdays of the
date of the Step 3 Meeting, unless more time is granted by mutual agreement.
For grievances involving appeals from disciplinary action, the Director of Human
Resources or designee will attempt to resolve the grievance. In the event that the
grievance is not resolved, the Director of Human Resources or designee will provide
written notice of that fact to the grievant, the union, and the Department within fifteen
(15) workdays of the date of the Step 3 meeting, unless more time is granted by mutual
agreement.
SECTION 25 - GRIEVANCE PROCEDURE
LOCAL NO. 1 -82- 2013-2016
Step 4 Mediation. Grievances regarding discipline involving suspensions, demotions,
or reduction in pay will proceed directly to Step 5 - Expedited Board of Adjustment, at
the request of the Union. No grievance may be processed under this section which
has not first been filed and investigated in accordance with Step 3 above. If the
parties are unable to reach a mutually satisfactory accord on any grievance that is
presented at Step 3 the union may appeal the grievance and request mediation in
writing to the Director of Human Resources or designee within ten (10)work days of
the date of the written response at Step 3. This step of the grievance procedure may
be waived by the written mutual agreement of the parties.
Step 5 Arbitration. If the parties are unable to reach a resolution of the grievance at
Step 4, either the Union or the County, whichever is the moving party, may require that
the grievance, except those referred to in Section 25.2 below, be referred to an impartial
arbitrator who shall be designated by mutual agreement between the Union and the
Human Resources Director. Such request shall be submitted within twenty (20) work
days of the completion of mediation at Step 4. Within twenty (20) work days of the
request for arbitration the parties shall mutually select an arbitrator who shall render a
decision within thirty (30) work days from the date of final submission of the grievance
including receipt of the court reporter's transcript and post-hearing briefs, if any. The
fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by
the Union and the County. Each party, however, shall bear the costs of its own
presentation, including preparation and post hearing briefs, if any.
25.2 Step 5. Expedited Board of Adjustment. If the County and the Union are
unable to reach a mutually satisfactory accord on any grievance of discipline involving
suspensions, demotions, or reduction in pay that arises and is presented during the
term of this MOU, such grievance may be submitted to the Expedited Board of
Adjustment (EBA) in writing in accordance with the procedures below. No grievance
may be processed under this Section that has not first been filed and processed in
accordance with Step 3 of the Grievance Procedure and delivered to the Director of
Human Resources within ten (10) work days of the date of the Step 3 written response
by the Director of Human Resources or his/her designee. By agreement of the Union
and the Director of Human Resources or his/her designee, grievances concerning
contract interpretation may also be presented to the EBA. All grievances submitted to
the EBA will be resolved in accordance with the following procedures:
Expedited Board of Adjustment (EBA)
A. The EBA will be composed of two (2) union representatives from the unions
participating in the EBA process no more than one (1) of whom may be an
employee of the County, two (2) management members named by the County,
and an impartial arbitrator. The Unions and the County will each appoint three (3)
alternates who will serve as the voting members of the Board if a member(s)
is/are not available. A Union Alternate from a different Union will serve as the
voting member when the appointed Union Board member is from the same Union
as the grievant and a County Alternate will serve as a voting member when a
County Board member is from the same Department as the grievant. Each Board
SECTION 25 - GRIEVANCE PROCEDURE
LOCAL NO. 1 -83- 2013-2016
member will serve for a twelve (12) month term except that one member and one
alternate initially appointed by each side will serve a six (6) month term so that
Board member terms are staggered.
B. The County and the Coalition Unions (hereafter “parties”) will choose an impartial
arbitrator to serve as the fifth (5) member of the EBA and serve as a tie-breaker
when the EBA is deadlocked. The parties will select the Arbitrator by forwarding
a list of individuals acceptable to a party to the other party. The parties will
continue this process until an impartial arbitrator is selected. The Arbitrator will
serve a one year term, or longer, as agreed to by the parties in writing. However,
the Arbitrator may be replaced at any time by agreement between the parties.
The Arbitrator will render an immediate decision if the Board is deadlocked. All
decisions rendered by the EBA are final and binding upon the Employer, the
Union, and the employee, to the extent provided by law.
C. Decisions rendered by the EBA must be within the scope of, and may not vary
from, the express written terms of this Memorandum of Understanding.
D. The Union and the County will each pay one-half (1/2) of the arbitrator’s fees and
costs. If a majority of the EBA approves the services of a court reporter and/or
other special services, the Union and the County will each pay one-half (1/2) of
such expenses.
Procedures
A. The EBA will convene on the fourth (4th) Wednesday of each month unless
otherwise scheduled by mutual agreement.
B. The EBA will develop and adopt written rules of procedure to govern the conduct
of hearings by a majority vote.
C. Unless the EBA agrees otherwise by majority action, it will remain in session until
all grievances on the agenda have been heard.
D. All grievances that are received by the Director of Human Resources at least ten
(10) working days prior to the next scheduled session of the EBA will be placed
on the agenda for the next regular meeting. By majority vote, the EBA may upon
request of the Union or the County waive this provision.
E. Upon the request of the Union or the County, a continuance of a grievance will
be granted until the next session.
F. Licensed Attorneys will not participate as Board members, advocates, or
advisors in Board hearings unless the attorney is also a union business agent or
Human Resources staff.
G. Meetings will be convened at a central location agreed to by the Unions and the
County.
H. Materials to be presented at the EBA will not be shared with the Board members
in advance of convening the Board.
SECTION 25 - GRIEVANCE PROCEDURE
LOCAL NO. 1 -84- 2013-2016
25.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment.
A. Decisions of Arbitrators and the Expedited Board of Adjustment, on matters
properly before them, are final and binding on the parties hereto, to the extent
permitted by law.
B. No Arbitrator or Expedited Board of Adjustment may entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a position
in a unit represented by the Union which has been certified as the recognized
employee organization for such unit and under such dispute falls within the
definition of a grievance as set forth in Subsection 25.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend,
or terminate this MOU, nor any matter or subject arising out of or in connection
with such proposals, may be referred to arbitration under this Section. No
Arbitrator or Expedited Board of Adjustment has the power to amend or modify
this MOU or written agreements supplementary hereto or to establish any new
terms or conditions of employment.
D. If the Director of Human Resources, pursuant to the procedures outlined in Step
3 above or Step 4 above resolves a grievance which involves suspension or
discharge, they may agree to payment for lost time or to reinstatement with or
without payment for lost time.
E. No change in this MOU or interpretations thereof (except interpretations resulting
from arbitration or Expedited Board of Adjustment proceedings hereunder) will be
recognized unless agreed to by the County and the Union.
25.4 Time Limits. The time limits specified above may be waived by mutual
agreement of the parties to the grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will automatically move to the next
step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the
grievance will be deemed to have been settled and withdrawn.
25.5 Union Notification. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Union, but is not represented by
the Union in the grievance, shall give the Union a copy of the formal presentation.
25.6 Compensation Complaints. All complaints involving or concerning the payment
of compensation shall be initially filed in writing with the Director of Human Resources.
Only complaints which allege that employees are not being compensated in accordance
with the provisions of this MOU shall be considered as grievances. Any other matters of
compensation are to be resolved in the meeting and conferring process, if not detailed
in the MOU which results from such meeting and conferring process shall be deemed
withdrawn until the meeting and conferring process is next opened for such discussion.
No adjustment shall be retroactive for more than six (6) months from the date upon
which the complaint was filed.
SECTION 26 - BILINGUAL PAY
LOCAL NO. 1 -85- 2013-2016
25.7 Strike/Work Stoppage. During the term of this MOU, the Union, its members
and representatives, agree that it and they will not engage in, authorize, sanction, or
support any strike, slowdown, stoppage of work, sick-out, or refusal to perform
customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises his or her supervisor as soon as
possible, and provided further that an employee may be required to cross a picket line
where the performance of his or her duties is of an emergency nature and/or failure t o
perform such duties might cause or aggravate a danger to public health or safety.
25.8 Merit Board.
A. All Grievances of employees in representation units represented by the Union
shall be processed under Section 25 unless the employee elects to apply to the
Merit Board on matters within its jurisdiction.
B. No action under Steps 3, 4 and 5 of Subsection 25.1 - Definition and Procedure
and Step 5 of Subsection 25.2 - Step 5-Expedited Board of Adjustment above
shall be taken if action on the complaint or grievance has been taken by the Merit
Board, or if the complaint or grievance is pending before the Merit Board.
25.9 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of this MOU.
SECTION 26 - BILINGUAL PAY
A salary differential of eighty dollars ($80.00) per month shall be paid incumbents of
positions requiring bilingual proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be paid to eligible employees in
paid status for any portion of a given month. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the County. The Union shall be notified
when such designations are made. Effective January 1, 2007, the differential shall be
increased to a total of one hundred dollars ($100.00) per month.
SECTION 27 – RETIREMENT CONTRIBUTION
27.1 Contribution. Effective on January 1, 2012 employees are responsible for the
payment of one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra Costa
County Employees’ Retirement Association without the County paying any part of the
employees’ contribution. Employees are also responsible for the payment of the
SECTION 27 – RETIREMENT CONTRIBUTION
LOCAL NO. 1 -86- 2013-2016
employees' contributions to the retirement cost of living program as determined annually
by the Board of Retirement without the County paying any part of the employees’
contributions. Except as provided in section 27.3 (Safety Employees Retirement)
subsection A, the County is responsible for one hundred percent (100%) of the
employer’s retirement contributions determined annually by the Board of Retiremen t.
27.2 Retirement Benefit - Non-Safety Employees who become New Members of
CCCERA on or after January 1, 2013
A. For non-safety 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.
B. 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 who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
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 non-
safety employees who, under PEPRA, become New Members of CCCERA. The
Union will support the legislation.
27.3 Safety Employees Retirement
A. Tier A Safety Retirement Benefit – Safety employees who are hired or re-
hired before January 1, 2013, or who, under PEPRA, do not become New
Members of CCCERA.
1.Retirement Benefit. For employees who are hired or rehired by the
County before January 1, 2013, or who are initially hired after that date but
under PEPRA, do not become New Members, and who are designated by
CCCERA as Safety Members, the retirement formula shall be “3 percent
at 50". The cost of living adjustment (COLA) to the retirement allowance
of these employees shall not exceed three percent (3%) per year. The
final compensation of these employees will be based on a twelve (12)
month salary average. This retirement benefit is known as Tier A. Each
employee in Tier A will pay nine percent (9%) of his or her retirement base
to pay part of the employer’s contribution for the cost of this Tier A safety
retirement benefit. Such payments will be made on a pre-tax basis in
accordance with applicable tax laws. “Retirement base” means base
salary and other payments, such as salary differential and flat rate pay
allowances, used to compute retirement deductions.
SECTION 27 – RETIREMENT CONTRIBUTION
LOCAL NO. 1 -87- 2013-2016
a.Effective March 1, 2013, and through December 31, 2014, each
employee in Tier A will pay four and one-half percent (4.5%) of his
or her retirement base to pay part of the employer’s contribution for
the cost of the Tier A retirement benefit. Employees who, after
March 1, 2013, continued to pay nine percent (9%) of their
retirement base to pay part of the employer’s contribution for the
cost of the Tier A retirement benefit, will have the four and one-half
percent (4.5%) difference the employees paid between March 1,
2013, and the effective date of this Side Letter refunded as a
retirement deduction adjustment in their October 10, 2013 pay.
Effective January 1, 2015, and through June 30, 2015, each
employee in Tier A will pay two and a quarter percent (2.25%) of
his or her retirement base to pay part of the employer’s contribution
for the cost of the Tier A retirement benefit.
b.Effective June 30, 2015 at 11:59 p.m., the employee’s payment of
two and a quarter percent (2.25%) of his/her retirement base to pay
part of the employer’s contribution for the cost of the Tier A
retirement benefit will cease.
2.Subsection A, subpart (1) above, applies to employees who, under
PEPRA, become reciprocal members of CCCERA, as determined by
CCCERA.
B. Safety Retirement Benefit – Employees who become New Members of
CCCERA on or after January 1, 2013.
1.For employees who, under PEPRA, become New Members of 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.PEPRA Safety Option Plan Two (2.7% @ 57) applies to employees who,
under PEPRA, become New Members of CCCERA. For these employees,
hired by the County after June 30, 2014, 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.
SECTION 28 - TRAINING REIMBURSEMENT
LOCAL NO. 1 -88- 2013-2016
The County Administrative Bulletin on Training shall govern reimbursement for training
and shall limit reimbursement for career development training to seven hundred fifty
dollars ($750) per year, except as otherwise provided in the supplemental sections of
this MOU. Registration and tuition fees for career development education may be
reimbursed for up to fifty percent (50%) of the employee’s net cost. Books necessary for
courses taken for career development education may be reimbursed for up to one
hundred percent (100%) of the employee’s net cost.
SECTION 29 - SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES
For each two year period starting January 1, 2006, eligible employees will be allowed
reimbursement for the purchase and repair of safety shoes, and the purchase of toe
guards or soles, up to a maximum of two hundred and seventy-five dollars ($275).
There is no limitation on the number of shoes, toe guards, or soles, or number of repairs
allowed.
The County will provide those employees currently eligible for safety shoe allowance
with two (2) methods for purchasing safety shoes:
A. Reimbursement for the purchase and repair of safety shoes up to the maximum
amount stated above for each two (2) year period.
B. Voucher obtained from the eligible employees’ Department for an identified
vendor for the purchase of safety shoes up to the maximum amount stated above
for each two (2) year period.
C. The County agrees to provide a second vendor for the purchase of safety shoes.
The County will endeavor to secure Red Wings as the second vendor and to
identify two locations where the shoes may be obtained by voucher.
The eligible employee will inform his/her Department’s accounting section of t he desired
method for purchasing safety shoes at the beginning of each calendar year.
The County will reimburse eligible employees for prescription safety eyeglasses which
are approved by the County and are obtained from such establishment as required by
the County up to one (1) pair per year.
The County agrees to modify the prescription safety glasses allowance to reflect an
additional $20 allowance annually for lenses, and an additional $10.00 allowance
annually towards the purchase of safety frames.
Additionally, the County will modify the current contract with Vendor to allow employees
to upgrade to Featherwate Lens Types (High Impact). Any additional cost for current
contract upgrades or Featherwate lens types (High Impact) upgrades that exceeds the
County allowance as noted above will be borne by the employee.
SECTION 28 - TRAINING REIMBURSEMENT
SECTION 30 - VIDEO DISPLAY TERMINAL (VDT) USERS EYE
EXAMINATION
LOCAL NO. 1 -89- 2013-2016
SECTION 30 - VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAMINATION
Employees in the Library Unit, Probation Unit, and Investigative Unit shall be eligible to
receive an annual eye examination on County time and at County expense in
accordance with the following conditions:
A. Eligible employees must use a video display terminal at least an average of two
hours per day as certified by their department.
B. Eligible employees who wish an eye examination under this program should
request it through the County Human Resources Department, Benefits Division,
who will arrange for eye examinations and monitor the results on a County-wide
basis.
C. Should prescription VDT glasses be prescribed for an employee following an eye
examination, the County agrees to provide, at no cost, the basic coverage
including a ten ($10) dollar frame and single vision lenses. Employees may,
through individual arrangement between the employee and his/her doctor, and
solely at the employee's expense, include bifocal, trifocal or blended lenses and
other care, services or materials not covered by the plan. The basic plan
coverage, including the examination, may be credited toward the employee
enhanced benefit.
SECTION 31 - PERFORMANCE EVALUATION PROCEDURE
The following procedures shall apply in those departments which already have a formal
written performance evaluation system. Nothing herein shall be construed to require the
establishment of such a system where it does not currently exist.
A. Goal: A basic goal of the employee evaluation is to help each employee perform
his/her job more effectively to the mutual benefit of the employee and the County.
The evaluation process provides an ongoing means of evaluating an employee's
job performance and promoting the improvement of the job performance.
The evaluation process also provides the opportunity to recognize and document
outstanding service as well as service that has been unsatisfactory to the
County.
B. Frequency of Evaluation.
1.Probationary employees shall be evaluated at least once during their
probationary period.
2.Permanent employees may be evaluated every year.
C. Procedure.
SECTION 30 - VIDEO DISPLAY TERMINAL (VDT) USERS EYE
EXAMINATION
LOCAL NO. 1 -90- 2013-2016
1.An employee shall generally be evaluated by the first level management
supervisor above the employee.
2.It will be necessary in some cases for a supervisor to consult with the
employee's immediate work director in order to make a comprehensive
evaluation.
3.Where feasible, evaluations will be based primarily on observation by the
evaluator of the employee in the performance of his/her duties. Comments
based on secondary information shall have supportive documentation.
4.An employee will be informed in advance of a meeting with his/her
supervisor to discuss the employee's evaluation and to put the evaluation
in writing on the department evaluation forms.
5.The employee shall be informed of his/her right to prepare and have
attached to the evaluation form any written comments which the employee
wishes to make.
6.When an employee is rated below satisfactory on any factor, the
evaluation will give the reasons for such rating and include specific
recommendations for improvement in writing.
7.The employee's signing of an evaluation form does not necessarily mean
that the employee agrees with the evaluation but it does mean that the
employee has had an opportunity to discuss the evaluation with his/her
evaluator.
8.The employee will be given a copy of his/her completed evaluation form at
the time form is signed by the employee. (Confirmation of final version to
be received later.)
9.Any rating below average or unsatisfactory shall be supported by written
documentation received by the employee at the time the incident(s)
occurred.
10.Nothing shall be added by management to an evaluation after the
employee has signed and received a copy of the evaluation without the
employee’s written acknowledgment.
Failure to follow the foregoing procedure is subject to the grievance procedure.
However, disputes over the actual content or ratings themselves in individual
evaluations are not grievable, but may be mediated by the Director of Human
Resources upon request of either the employee or the Department. Prior to being
mediated by the Director of Human Resources either party may request fact finding to
assist in the resolution of the dispute. One (1) fact finder shall be selected by each party
to the dispute within ten (10) work days from the initial request for fact finding. The fact
SECTION 32 - MILEAGE
LOCAL NO. 1 -91- 2013-2016
finders shall have twenty (20) work days from notice of selection to investigate and
render opinions to the Director of Human Resources.
SECTION 32 - MILEAGE
32.1 Reimbursement for Use of Personal Vehicle. The mileage allowance for use
of personal vehicles on County business shall be paid according to the rates allowed by
the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the
date it becomes effective or the first of the month following announcement of the
changed rate by the Internal Revenue Service, whichever is later.
32.2 Charge For Use of Home Garaged County Vehicle. Employees hired after
July 1, 1994 who are assigned vehicles to garage at home will be charged the IRS
mileage rate for all commute miles driven outside the limits of Contra Costa County that
exceed thirty (30) miles round-trip in any one day.
SECTION 33 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the time the Department is made
aware of and verifies that the pay warrant is in error. If the pay warrant error has
occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the
employee who is receiving the pay, the error will be corrected as soon as possible from
the time the department is made aware that pay warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current pay
rate but that no recovery of either overpayments or underpayments to an employee
shall be made retroactively except for the six (6) month period immediately preceding
discovery of the pay error. This provision shall apply regardless of whether the error
was made by the employee, the appointing authority or designee, the Director of Human
Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently
accrued over or underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and proposed repayment
schedule, 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.
SECTION 34 - FLEXIBLE STAFFING
LOCAL NO. 1 -92- 2013-2016
SECTION 34 - FLEXIBLE STAFFING
Certain positions may be designated by the Director of Human Resources as flexibly
staffed positions. Positions are generally allocated at the first level of the job series
when vacated. When the position is next filled and an incumbent of one of these
positions meets the minimum qualifications for the next higher level and has met
appropriate competitive requirements he or she may then be promoted to the next
higher classification within the job series without need of a classification study. If an
operating department verifies in writing that an administrative or clerical error was made
in failing to submit the documents needed to promote an employee on the first of the
month when eligible, said appointment shall be made retroactive to the first of the month
when eligible. An employee who is denied a promotion to a flexibly staffed position may
appeal such denial to the Merit Board.
SECTION 35 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in a
class for which no reemployment or employment list is available, or in a class for which
no eligible or insufficient eligibles to complete the certification will accept appointment to
the position, the Director of Human Resources may authorize the appointing authority to
appoint any person who possesses the minimum qualifications for the class as set forth
in the class specifications, provided that the names of eligibles available and the names
of persons who have indicated the intention to take the next examination for the class
shall be referred to the appointing authority at the time authorization is issued.
In no case shall a permanent position be filled by a provisional appointment for a period
exceeding six (6) calendar months except under the following conditions:
A. If an examination has been announced for the class and recruitment of
applicants is in process, the Director of Human Resources may authorize a
continuation of provisional appointments until an eligible list is established.
B. In case of a provisional appointment to a permanent position vacated by a leave
of absence, such provisional appointment may be continued for the duration of
said leave.
A provisional appointment shall be terminated within thirty (30) days after the date of
certification of eligibles from an appropriate eligible list. All decisions of the Director of
Human Resources relative to provisional appointments are final and not subject to the
grievance procedure.
Before filling a position by a provisional appointment, the appointing authority shall post
notice and shall consider current qualified employees for the appointment. Only if there
are insufficient internal applicants to constitute a full certification may the appointing
authority consider applicants from outside County service.
SECTION 36 - PERSONNEL FILES
SECTION 36 - PERSONNEL FILES
LOCAL NO. 1 -93- 2013-2016
SECTION 36 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel file in the Human
Resources Department or in the employee's personnel file in their Department. The
employee’s union representative, with written authorization by the employee, shall also
have the right to inspect and review any official record(s) described above. The contents
of such records shall be made available to the employee and/or the employee’s union
representative, for inspection and review at reasonable intervals during the regular
business hours of the County. Employees shall be permitted to review their personnel
files at the Personnel office during their working hours. For those employees whose
work hours do not coincide with the County’s business hours, management shall
provide a copy of the employee’s personnel file for the employee’s review. The
custodian of records will certify that the copy is a true and correct copy of the original
file.
The County shall provide an opportunity for the employee to respond in writing to any
information which is in the employee’s personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record. The
employee shall be responsible for providing the written responses to be included as part
of the employee's official personnel file. This section does not apply to the records of an
employee relating to the investigation of a possible criminal offense, medical records
and information or letters of reference.
Counseling memos, which are not disciplinary in nature, are to be retained in the file
maintained by the employee's supervisor or the person who issued the counseling
memo and are not to be transferred to the employee's central file which is normally
retained by the Human Resources Department unless such memos are subsequently
used in conjunction with a disciplinary action such as a letter of reprimand.
All documents pertaining to disciplinary actions shall be placed in the employee's official
personnel file within five (5) work days after the time management becomes aware of
the incident and has completed its investigation as to whether the employee is culpable
and shall be date stamped or dated at time of entry. This section is not intended to
include supervisor's notes or reminders of specific incidents or ongoing reports such as
attendance records. Generally, such investigations should be completed within thirty
(30) calendar days of the date management becomes aware of the incident(s), it being
understood that under certain circumstances such as the unavailability of witnesses or
the possibility of a criminal act having been committed may cause the investigation to
take longer than the aforementioned thirty (30) days.
Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory
performance which are to be placed in the employee's personnel file shall be given to
an employee who shall have the right to respond in writing to said documents.
Letters of reprimand are subject to the grievance procedure but shall not be processed
past Step 3 unless said letters are used in a subsequent discharge, suspension or
demotion of the employee, in which case an appeal of the letters of reprimand may be
considered at the same time as the appeal of the disciplinary action. Prior to being
SECTION 37 - SERVICE AWARDS
LOCAL NO. 1 -94- 2013-2016
submitted to Step 3 of the grievance procedure, either party may request fact finding to
assist in the resolution of the dispute. One (1) fact finder shall be selected by each party
to the dispute within ten (10) work days from the initial request for fact finding. The fact
finder shall have twenty (20) work days from notice of selection to investigate and
render opinions to the Director of Human Resources.
Copies of letters of commendation which are to be placed in the employee's personnel
file will be given to the employee. Employees have the right to review their official
personnel files which are maintained in the Human Resources Department or by their
departments. In a case involving a grievance or disciplinary action, the employee's
designated representative may also review his/her personnel file with specific written
authorization from the employee. The County shall supply the Union with lists of official
personnel files and locations. Derogatory material in an employee's personnel file over
two years old will not be used in a subsequent disciplinary action unless directly related
to the action upon which the discipline is taken. Derogatory material does not include
prior suspensions, demotions or dismissals for cause.
The County will participate in a committee of four (4) union and four (4) operating
department managers to revise and clarify MOU Section 36, Personnel Files. Subject
committee will be chaired by a non-voting chairperson from the County Human
Resources Department and will hold their first meeting within ninety (90) days of
approval of this MOU and will issue a report within one hundred eighty (180) days of the
date of the first meeting.
SECTION 37 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards including
time off provided, however, that the type of award given shall be at the sole discretion of
the County.
The following procedures shall apply with respect to 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) year anniversary.
SECTION 38 - REIMBURSEMENT FOR MEAL EXPENSES
SECTION 38 - REIMBURSEMENT FOR MEAL EXPENSES
LOCAL NO. 1 -95- 2013-2016
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
A. When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
B. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment.
C. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, and speakers
or honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or more hours of overtime or
scheduled to work overtime with less than twenty-four (24) hours notice; in this
case he or she may be reimbursed in accordance with the Administrative Bulletin
on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at twenty-four (24) hour institutions.
SECTION 39 - DETENTION FACILITY MEALS
The charge for a meal purchased in a detention facility by employees represented by
Local No. 1 is one dollar ($1.00) per meal. Employees assigned to a detention facility
are not, however, required to purchase a meal.
SECTION 40 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
A. The loss or damage must result from an event which is not normally encountered
or anticipated on the job and which is not subject to the control of the employee.
B. Ordinary wear and tear of personal property used on the job is not compensated.
C. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of duty.
SECTION 41 - UNFAIR LABOR PRACTICE
LOCAL NO. 1 -96- 2013-2016
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 41 - UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor practice as defined in Board of
Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor
practice, if not resolved in discussions between the parties within thirty (30) work days
from the date of receipt, may be heard and decided by a mutually agreed upon impartial
third party.
SECTION 42 - HARASSMENT
Harassment is any treatment of an employee which has the purpose or effect of
affecting employment decisions concerning an individual, or unreasonably interfering
with an individual's work performance, or creating an intimidating and hostile working
environment. Such conduct includes but is not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual nature;
arbitrary or capricious changes of assignments, or display of a hostile attitude toward an
employee by a supervisor which is not justified or necessary in the proper supervision of
the work of the employee.
SECTION 43 - LENGTH OF SERVICE DEFINITION
(For Service Awards and Vacation Accruals)
SECTION 43 - LENGTH OF SERVICE DEFINITION
LOCAL NO. 1 -97- 2013-2016
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence). When
an employee separates from a permanent position in good standing and within two (2)
years is reemployed in a permanent County position, or is reemployed in a permanent
County position from a layoff list within the period of layoff eligibility, service credits shall
include all credits accumulated at time of separation, but shall not include the period of
separation. The Director of Human Resources shall determine these matters based on
the employee status records in his department.
SECTION 44 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits. They
are eligible for health, dental and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full-time. If the employee works at
least fifty percent (50%) of full-time, County retirement participation is also included.
SECTION 45 - PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS &
BENEFITS
A. Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
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 D. 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 D, then the special pay or benefit does not apply to
permanent-intermittent employees.
SECTION 46 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN
46.1 A permanent-intermittent employee represented by Contra Costa County
Employees Association, Local No. 1 may participate in the County Group Health Plans if
combined medical, dental and life insurance coverage is wholly at the employee's
expense but at the group insurance rate. The County will not contribute to the
employee's monthly premium. The employee will be responsible for paying the monthly
premium appropriately and punctually. Failure to meet the premium deadline will mean
automatic and immediate withdrawal from the County Group Health Plans and
reinstatement may only be effectuated during the annual open enrollment period.
46.2 The following benefit program shall be offered to permanent-intermittent
employees:
SECTION 43 - LENGTH OF SERVICE DEFINITION
LOCAL NO. 1 -98- 2013-2016
A. Program. The County shall offer CCHP Plan A-2 at the subsidy rate below to
those permanent-intermittent employees who meet and maintain eligibility.
i.Through December 31, 2009 the County will pay the monthly premium
subsidy of sixty-four percent (64%) of the cost of the CCHP Plan A-2
premium for a single individual.
ii.Beginning on January 1, 2010, and for each calendar year thereafter, the
County will pay a monthly premium subsidy for CCHP Plan A-2 that is
equal to sixty percent (60%) of the total monthly premium that is paid for a
single individual for the plan in 2010. If there is an increase in the
premium charged for a single individual by CCHP Plan A-2 for 2011, the
County and the employees will each pay fifty percent (50%) of that portion
of the premium increase that does not exceed eleven percent (11%) of the
2010 premium charged for a single individual by the CCHP Plan A-2
health plan. If the premium increase for 2011 exceeds eleven percen t
(11%) of the 2010 premium charged for a single individual by the CCHP
Plan A-2 health, the County additionally will pay that portion of the
premium increase charged for a single individual that exceeds eleven
percent (11%) of the 2010 premium.
iii.After June 29, 2011, the County will pay a monthly premium subsidy for
the CCHP Plan A-2 that is equal to the actual dollar amount of the monthly
premium subsidy that is paid by the County in the month of May 2011.
The amount of the County subsidy that is paid will thereafter be a set
dollar amount and will not be a percentage of the premium charged by the
CCHP Plan A-2.
B. Eligibility. Initial eligibility shall be achieved when an employee has worked three
(3) continuous months of service at an average of fifty percent (50%) time per
month. In order to maintain eligibility, a permanent-intermittent employee must
remain in paid status during each successive month.
C. Pre-Pay. Employees who have achieved eligibility under the terms of 46.2b will
pre-pay the employee’s portion of the premium cost so that the effective date of
enrollment begins effective the first of the month of eligibility. Employees must
continue to pre-pay their portion of the health insurance premium in order to
continue benefits. In addition, employees who meet the eligibility requirements
and who have been voluntarily paying the total premium for one of the County
Group Health Plans shall be allowed to enroll in CCHP Plan A-2 without a waiting
period.
D. Family Coverage. Employees may elect to purchase at their own expense,
family coverage, including domestic partner, and shall follow the procedures
outlined in C. above for payment for this optional coverage.
E. Implementation. Open Enrollment periods shall be for thirty (30) days and
coincide with the open enrollment period for County employees. Permanent-
intermittent employees who are not currently eligible, but who subsequently meet
SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS
LOCAL NO. 1 -99- 2013-2016
the eligibility requirements, shall be notified of their eligibility and shall have thirty
(30) days to decide whether or not to elect coverage under this program.
F. Employees who are temporarily ineligible may purchase, at their own cost, the
plan in accordance with the procedures set forth by the Contra Costa County
Health Plan.
Nothing in Section 46.2 shall prevent an employee from electing health coverage under
either Section 46.1 or Section 46.2
SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave benefits.
Provisional employees may participate in the County Group Health Plan of combined
medical, dental and life insurance coverage wholly at the employee's expense but at the
group insurance rate. The County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the monthly premium
appropriately and punctually. Failure to meet the premium deadline will mean automatic
and immediate withdrawal from the County Group Health Plan and reinstatement may
only be effectuated during the annual open enrollment period.
SECTION 48 - HAZARD PAY
Hazard pay is calculated at five percent (5%) of the hourly equivalent of the employee’s
base rate of pay for each hour that qualifies for hazard pay. Permanent full-time and
part-time, permanent intermittent, and temporary employees in the Attendant-LVN-Aide
Unit, Building Trades Unit, General Services and Maintenance Unit, Health Services
Unit, and Library Unit will be paid hazard pay for those hours worked in the following
organizational units:
Org.# Org. Name
0451 Conservatorship
2490 Inmate Library Services
2575 Detention Transportation
2577 County Parole Program
2578 Martinez Detention
2580 West County Detention
2585 Marsh Creek Detention
2588 AB109 Program
5700 Martinez Detention Infirmary
5701 West County Detention Infirmary
5702 Juvenile Hall Nursing
5710 Detention Mental Health Martinez
5711 Detention Mental Health West County
SECTION 49 - LUNCH PERIOD
LOCAL NO. 1 -100- 2013-2016
5951 Youth Mental Health
5974 West County Adult Mental Health
6313 Psychiatric Unit
6381 Psychiatric Emergency
6383 Emergency
6553 Hospital Admission Martinez
6570 Outpatient Registration
SECTION 49 - LUNCH PERIOD
Employees who are in a pay status during their lunch are on call during their lunch
period. Employees who are not in a pay status during their lunch are on their own time
during their lunch period.
SECTION 50 - REST BREAKS
Employees shall be entitled to a rest break for each four (4) hours of work. Scheduling
of rest breaks shall be determined by management.
SECTION 51 - HEALTH EXAMINATION
Employees of the County who work in a Health Services Department facility will
annually be required to complete a Health Questionnaire and take a Tuberculosis Skin
Test. In the event that an employee had a positive reaction to a Tuberculosis Skin Test,
said employee will be requested to show proof of having had two (2) negative chest x-
rays at least one year apart.
Employees will also be requested to be screened for Rubella immunity. If the result of
the Rubella test is negative, the appointing authority or designee will recommend that
the employee become immunized. If the employee has direct patient contact and
refuses to become immunized, an attempt will be made to relocate the employee to a
non-patient care area if possible.
SECTION 52 - CLASSIFICATION STUDIES, SPECIAL STUDIES OR OTHER
ACTIONS
A. The County and Local One agree to establish a subcommittee comprised of
three (3) labor and three (3) management employees to review the MOU and to
identify and recommend to the parties, the corrections of all typographical errors,
inadvertent errors and omissions, and the deletion of obsolete language.
B. Wellness Incentive Program. A broad-based pilot Wellness Incentive Program
will be developed with input from the joint Labor/Management Wellness
SECTION 49 - LUNCH PERIOD
LOCAL NO. 1 -101- 2013-2016
Committee. The purpose of this program will be to reward County employees
with incentives for participating in Wellness Program activities and encourage
them to live healthier lifestyles. The Wellness Committee will work closely with
the Human Resources Department on program design and implementation.
Program Design. The Wellness Incentive Program design will include the
development of additional wellness activities to compliment the current Employee
Wellness Program schedule and collaboration with health plan carriers to
develop special programs and activities for County employees and to encourage
participation in their established wellness activities. Special emphasis will be
placed on supporting major programs such as: Smoking Cessation,
Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health
Fairs.
Format. A point value system for program participation will be developed
wherein each wellness activity and program will be assigned a point value. Points
will accumulate and incentive prizes will be awarded to employees upon realizing
certain point levels. The value of the prizes will increase with higher point values
and one (1) grand prize will be awarded each year to the employee with the
highest number of points.
Incentives. A series of incentive prizes will be assigned to certain point values. In
addition, recognition for employee and department participation will be an
important aspect of the Wellness Incentive Program.
Referral. The parties agree to refer the contents of this proposal to the Wellness
Committee for its consideration.
C. Other Actions. Permanent-Intermittent and Permanent Part-time employees in
classes represented by Local No. 1 who wish to have the hours of their position
increased, must so request in writing. These requests must be received by the
employee's department during the month of January and/or July for the duration
of this MOU.
Departments reviewing these requests will evaluate them within thirty (30) days
of their receipt by considering the actual hours assigned to and worked by the
employee during the previous six (6) months and the anticipated continuing need
from their assignment on an increased basis.
Those requests which are approved by the department for an increase in hours
will be submitted for consideration by the County as a P300 request within an
additional sixty (60) days.
Nothing contained herein shall conflict with layoff/reemployment provisions.
D. The County and Local One agree to work out a mutually satisfactory policy
regarding scheduling of vacations in the Library with particular attention to
scheduling of employees who work at “paired branches.”
SECTION 53 - TEMPORARY EMPLOYEES
LOCAL NO. 1 -102- 2013-2016
SECTION 53 - TEMPORARY EMPLOYEES
A. Temporary Employees. Temporary employees hired on or after January 1, 1997
may work a maximum of 1600 hours within a department. Thereafter, that
temporary may not work in that department for one year as a temporary.
Temporary employees hired after March 1, 2000 in the classifications listed
below, may work a maximum of 2080 hours within the Probation Department.
Thereafter, that temporary may not work in the Probation Department for one
year as a temporary.
IKWA Cook
GK7A Custodian
1KVD Institutional Services Worker
Nothing in this section shall preclude a department from terminating a temporary
prior to the temporary reaching the maximum hours allowable.
This Subsection A shall be inapplicable to the following classifications:
Family Support Collection Officer
Occupational Therapists - Per Diem
Physical Therapists - Per Diem
Temporary appointments to fill vacancies resulting from leaves of absence i.e.,
maternity leaves, medical leaves, Workers’ Compensation), temporary
assignments for pre-specified periods and short-term, specified seasonal work,
are excluded.
Nothing in this agreement precludes the parties from meeting and conferring over
future exceptions.
B. The County may employ temporary employees in excess of 1600 hours for the
following reasons:
1.To cover for employees on leaves of absence, e.g., maternity, military,
medical, workers’ compensation.
2.While a department is actively recruiting to fill a position.
3.For regular recurring departmental needs, e.g., election season (Clerk-
Recorder), property tax season (Treasurer-Tax Collector), and “closing the
assessment roll” season (Assessor).
4.Temporary assignments for pre-determined periods of time, as determined
by the hiring department.
SECTION 53 - TEMPORARY EMPLOYEES
LOCAL NO. 1 -103- 2013-2016
5.For short term seasonal work needed by a department , not to exceed
1600 hours.
The County may not replace a temporary employee with another temporary
employee except as provided in Subsections 1, 2, 3, and 4 of this Section B.
above.
The County will notify the union in advance of the period of the temporary
assignment under Subsection 4 and the period of the seasonal assignment under
Subsection 5.
C. Student Worker/Administrative Intern: The County may employ a person as a
Student Worker or an Administrative Intern only if that person is enrolled in a
school and is performing work for the County that is related to his/her course of
study, interest, aptitude, or education, provided however, that a student
worker/administrative intern hired for the summer may perform work not related
to his/her course of study, interest, aptitude or education. Student Workers and
Administrative Interns may not be used in lieu of hiring regular County
employees.
D. The County may employ temporary agency employees in a manner consistent
with Government Code Section 31000.4, wh ich provides: “The board of
supervisors may contract with temporary help firms for temporary help to assist
county agencies, departments or offices during any peak load, temporary
absence, or emergency other than a labor dispute, provided the board
determines that it is in the economic interest of the county to provide such
temporary help by contract, rather than employing persons for such purpose.
Use of temporary help under this section shall be limited to a period of not to
exceed 90 days for any single peak load, temporary absence, or emergency
situation.”
E. The County will provide to the union a temporary employee report to show the
total number of hours worked by each County temporary employee and each
temporary agency employee and not merely the annual number of hours. It shall
also include the reason the County temporary employee was hired by referring to
one of the 5 reasons specified in B above or the reason the temporary agency
employee was hired as set forth in paragraph D.
F. Appointment to a Permanent Position. If a temporary employee is appointed to a
permanent position, credited paid time off hours and earned, but not yet credited
paid time off hours, shall be converted to vacation hours and subject to the MOU
provisions relating to vacation, except that when a temporary employee is
appointed to a permanent position, the employee shall be allowed to use the
earned paid time off hours during the first six (6) months of employment in a
permanent position.
G. Health Benefits for Temporary Employees. The following benefit program shall
be offered to temporary employees:
SECTION 53 - TEMPORARY EMPLOYEES
LOCAL NO. 1 -104- 2013-2016
1.Program. The County shall offer CCHP Plan A-2 at the subsidy rate
below to those temporary employees who meet and maintain eligibility.
a.Through June 29, 2011, the county will pay the monthly premium
subsidy of fifty percent (50%) of the cost of the CCHP Plan A-2
premium for a single individual.
b.After June 29, 2011, the County will pay a monthly premium
subsidy for the CCHP Plan A-2 that is equal to the actual dollar
amount of the monthly premium subsidy that is paid by the County
in the month of May 2011. The amount of the county subsidy that
is paid will thereafter be a set dollar amount and will not be a
percentage of the premium charged by the CCHP Plan A-2.
2.Eligibility. Initial eligibility shall be achieved when an employee has
worked three (3) continuous months of service at an average of fifty
percent (50%) time per month. In order to maintain eligibility, a temporary
employee must remain in paid status a minimum of forty (40) hours during
each successive month and maintain an average of fifty percent (50%)
time year-to-date from the date of eligibility.
3.Pre-Pay. Employees who have achieved eligibility under the terms of D.2
will pre-pay the employee’s portion of the premium cost so that the
effective date of enrollment begins effective the first of the month of
eligibility. Employees must continue to pre-pay their portion of the health
insurance premium in order to continue benefits. In addition, temporary
employees who meet the eligibility requirements and who have been
voluntarily paying the total premium for a County Group Health Plan shall
be allowed to enroll in CCHP Plan A-2 without a waiting period.
4.Family Coverage. Employees may elect to purchase at their own
expense, family coverage, including domestic partner, and shall follow the
procedures outlined in 3. above for payment for this optional coverage.
5.Implementation. Open Enrollment periods shall be for thirty (30) days and
coincide with the open enrollment period for County employees.
Temporary employees who are not currently eligible, but who
subsequently meet the eligibility requirements, shall be notified of their
eligibility and shall have thirty (30) days to decide whether or not to elect
coverage under this program.
H. Upon receipt of a request by the Union, the Human Resources Department
agrees to meet to discuss the issues related to continuous testing and the
frequency of such testing regarding specific classifications.
I. Effective January 1, 2000, the County shall provide quarterly reports regarding
temporary employees which include the following information: employee name,
SECTION 54 - ADOPTION
LOCAL NO. 1 -105- 2013-2016
classification, department, mail drop I.D., and number of hours worked in all
classifications and departments.
J. Special Pays. Temporary employees may be eligible for certain special types of
pays or benefits in addition to wages under specifically defined circumstances. A
list of those special pays and benefits that are applicable to temporary
employees is included as Attachment E. If a special pay or benefit that is
described in this MOU does not specifically reference temporary employees or
the special pay or benefit is not included in Attachment E, then it does not apply
to temporary employees.
SECTION 54 - ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and Ordinances, where necessary,
shall be prepared and adopted in order to implement these 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 55 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS
55.1 Scope of Agreement. Except as otherwise specifically provided herein, this
MOU fully and completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any and all matters
subject to meet and confer. Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall prohibit the parties from changing
the terms of this MOU by mutual agreement. 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.
55.2 Separability of Provisions. Should any section, clause or provision of this
MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of
competent jurisdiction, such invalidation of such section, clause or 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.
55.3 Personnel Management Regulations. Where a specific provision contained in
a section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. Those
provisions of the Personnel Management Regulations within the scope of representation
which are not in conflict with the provisions of this MOU and those provisions of the
Personnel Management Regulations which are not within the scope of representation
shall be considered in full force and effect.
SECTION 56 - FAIR LABOR STANDARDS ACT PROVISIONS
LOCAL NO. 1 -106- 2013-2016
55.4 Duration of Agreement. This Agreement will continue in full force and effect from
July 1, 2013 to and including June 30, 2016. Said Agreement shall automatically renew
from year to year thereafter unless either party gives written notice to the other prior to
sixty (60) days from the aforesaid termination date of its intention to amend, modify or
terminate the Agreement.
SECTION 56 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amended, may govern certain terms and conditions of
the employment of employees covered by this MOU. It is anticipated that compliance
with the Act may require changes in some of the County policies and practices currently
in effect or agreed upon. If it is determined by the County that certain working
conditions, including but not limited to work schedules, hours of work, method of
computing overtime, overtime pay and compensatory time off entitlements or use, must
be changed to conform with the Fair Labor Standards Act, such terms and conditions of
employment shall not be controlled by this MOU but shall be subject to modification by
the County to conform to the federal law, without further meeting and conferring. The
County shall notify the Union (employee organizations) and will meet and confer with
said organization regarding the implementation of such modifications.
SECTION 57 – SAFETY IN THE WORKPLACE
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient operations.
Departments without a Safety Committee shall establish a committee within ninety (90)
days of the effective date of this agreement. The Union shall appoint all labor
representatives to the Committee. All Safety Committees shall schedule their meetings.
SECTION 58- UNIT ITEMS
Specific working conditions for the various units represented by the Union are listed in
Sections 58.1 through 58.10.
58.1 Agriculture - Animal Services Unit
Department of Agriculture Personnel
A. As circumstances dictate, the Safety Committee for the Department of
Agriculture will remain in effect and will continue to be constituted as follows: One
(1) Agricultural Biologist, one (1) Weights & Measures Inspector and one (1) Pest
Detection Specialist and appropriate management representatives.
B. Permanent employees in the classifications of Agricultural Biologist II, and
Agricultural Biologist/Weights & Measures Inspector III who possess a valid
SECTION 56 - FAIR LABOR STANDARDS ACT PROVISIONS
LOCAL NO. 1 -107- 2013-2016
license as a Deputy Agricultural Commissioner shall receive a salary differential
of three and one-half percent (3 ½%) of base pay. Employees who have both the
Deputy Agricultural Commissioner license and a Deputy Sealer of Weights and
Measures license will only be eligible for one three and one-half percent (3 ½%)
salary differential.
C. In recognition of the fact that they work full-time for a significant portion of each
year, Permanent-Intermittent employees in the classes of Pest Detection
Specialist-Project (B9W1) and Glassy-Winged Sharpshooter Specialist – Project
(B9W3) shall be paid for eight (8) hours on any recognized County holiday that
occurs in a month where they are in a pay status for eight (8) hours on each work
day in that month. In those months in which the employees are continuously
employed, both at the beginning and the end of the month, but are not in a pay
status for eight (8) hours on each work day, they shall be paid a pro rata share of
the eight (8) hours holiday pay based on the portion of the work hours in the
month that they were in a pay status.
D. Permanent employees in the classification of Weights & Measures Inspector II,
Weights & Measures Inspector III and Agricultural Biologist/Weights & Measures
Inspector III who possess a valid license as a Deputy Sealer of Weights and
Measures, shall receive a salary differential of three and one-half percent (3 ½%)
of base pay. Employees who have both the Deputy Agricultural Commissioner
license and a Deputy Sealer of Weights and Measures license will only be
eligible for one three and one-half percent (3 ½%) salary differential.
E. Two (2) employees, as designated by the Department in the classification of
Weights & Measures Inspector II or Agricultural Biologist/Weights & Measures
Inspector III shall receive a two and one-half percent (2.5%) differential of base
pay for operating specialized large capacity inspection equipment. A Class “A”
California Driver’s license with a Hazardous Materials Endorsement is required
for this differential.
F. Pest Surveillance Canine Inspection Program.
Handler Compensation for Home Kenneling: Canine Handlers in the Pest
Surveillance Canine Inspection Team will be paid for daily canine core care of
home kenneled canines at the rate of $8.06 per day per canine kenneled in the
Handler’s home. “Canine core care” is the general daily maintenance care of the
canine, including providing water, feeding, maintenance level exercising, and
providing a safe environment for the canine. Canine core care also includes
basic maintenance of the home kennel such as cleaning and sanitizing. This
compensable off-duty canine core care for canine handlers that home kennel is
estimated to be not more than 30 minutes per day.
The Canine Handler compensation will be suspended on a day by day basis
during those times that the canine is not home kenneled with the Canine Handler
due to the Canine Handlers’ vacation, leave of absence or illness that involves
the Department making alternative arrangements for the care of the canine.
SECTION 56 - FAIR LABOR STANDARDS ACT PROVISIONS
LOCAL NO. 1 -108- 2013-2016
Under such circumstances, an alternative canine handler may home kennel and
provide the daily canine core care of the other canine for the period of time that
the other canine handler is unavailable. The Canine Handler accepting the
additional responsibility will retain the $8.06 daily canine care compensation for
their duties with the primary canine and will also receive the daily canine care
compensation of $8.06 for the second canine that is under their care at a home
kennel.
Canine Handlers will also be eligible for paid overtime for emergency off-duty
canine care (which is over and beyond ordinary canine care), provided the
Canine Handler reports such occurrence in writing to his or her supervisor as
soon as possible, and no later than the first shift worked after the emergency
occurrence.
Should the off-duty canine care compensation be increased for the canine
officers in the Deputy Sheriff’s Association, the Agricultural Pest Surveillance
Canine Program will increase the off-duty canine care compensation by the same
amount.
G. Home Kennel Funding: A home kennel must meet the specifications of the
Department. The Department will provide funding for the home kennel, provided
the Department has pre-approved the cost and design of said kennel.
Animal Services Personnel
A. Letters of commendation received by the Department shall be placed in the
individual employee file.
B. Duffel Bag. The Animal Services Department agrees to provide all Animal
Services Officers and Animal Services Sergeants with a duffel/equipment bag for
equipment. These bags will be the property of the Animal Services Department
and labeled as such.
C. Uniforms. The uniform allowance for employees in the classification of Animal
Services Officer and Animal Services Sergeant shall be $800.00 per year.
Uniforms must be maintained at a standard acceptable to the department. If an
increase in the uniform allowance is subsequently approved for Deputy Sheriffs,
Animal Services Officers and Animal Services Sergeants shall receive an
increase equal to that received by Deputy Sheriffs.
D. The Animal Services Officers and Sergeants shall follow the dress code in
Chapter 3 of the Officers Field Service Manual.
E. Raingear. The Animal Services Department agrees to provide Kennel staff with
raingear as needed for working outside the shelter.
The Animal Services Department agrees to reimburse Kennel Staff (Kennel Staff
refers to employees who, on a daily basis, clean and maintain kennels, cat
cages, corrals, stalls, and other animal holding cages. The current classifications
SECTION 56 - FAIR LABOR STANDARDS ACT PROVISIONS
LOCAL NO. 1 -109- 2013-2016
include Senior Animal Center Technician, Animal Center Technician, Utility
Workers, and Special Qualification Worker), for the purchase of black or blue
denim trousers up to two hundred dollars ($200.00) per employee per year.
F. Outerwear. The County will reimburse Kennel Staff up to sixty dollars ($60.00)
per year for the purchase of outerwear of a type approved by the Department.
G. Departmental Fee Reimbursement. Once during the term of this MOU, each
employee in the Animal Services Department may be reimbursed for
departmental license and adoption fees incurred by the employee in an amount
not to exceed the amount charged by the department for these fees. An
employee adopting an animal under this section shall be responsible for payment
of all other normal and customary fees associated with that adoption.
H. The Safety Committee for the Department of Animal Services will remain in effect
and will continue to be constituted as follows: One (1) Animal Services Officer
and one (1) Animal Center Technician and one (1) Animal Services Sergeant and
one (1) Registered Veterinary Technician and appropriate management
representatives. Committee meetings will be held at least once quarterly,
provided that either the union or management may call meetings more frequently
to discuss safety issues.
I. The Animal Services Department has instituted a one-half (½) hour lunch period
for all employees in the classification of Animal Center Technician. Management
will determine the time of the lunch period and the starting and quitting times for
each employee. Crucial to the continuance of the one-half (½) hour lunch period
will be the impact on service to the public.
J. The Animal Services Department will continue the current policy of allowing
Animal Services Officers, Animal Services Sergeants and Kennel staff, and
Registered Veterinary Technicians to sign up for shifts on the basis of seniority.
K. The Animal Services Department intends to continue the current 4/10 work
schedule for the duration of this MOU. Both the County and the Union
understand that continuation of the 4/10 work schedule during the term of this
MOU is contingent on adequate funding and retention of sufficient non-
probationary personnel to insure adequate service levels. The determination of
adequate funding, staffing and service levels is the sole prerogative of the
Department, except to the extent required by law to meet and confer on the
impact of staffing levels. The County agrees to notify the Union and to meet and
confer if the 4/10 schedule is to be terminated.
L. Animal Services Officers, Animal Services Sergeants, Kennel staff, and
Registered Veterinary Technicians who are required to appear/testify in Court on
their day off will receive a minimum of four (4) hours of overtime pay.
M. For employees in the Animal Services Department assigned to units or services
on a shift operational cycle which includes Saturday or Sunday as designated by
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LOCAL NO. 1 -110- 2013-2016
the appointing authority (rather than Monday through Friday, eight (8) hours per
day, 4/10 or 9/80 schedule), holidays will be observed on the day on which the
holiday falls even if it is a Saturday or Sunday.
N. Animal Services Officers and Animal Services Sergeants Participating in Search
Warrants. The Department will compensate individual Animal Services Officers
and Animal Services Sergeants in the amount of one hundred dollars ($100.00)
per incident for time spent in assisting police agencies in the serving of search
warrants. Only employees involved in actual entry team activities shall be so
compensated. The Department continues to retain the sole right to select and
assign Animal Services Officers and Animal Services Sergeants to such search
warrant duty.
No provision of this section or its application shall be subject to the grievance
procedure.
O. Life Insurance. Effective January 1, 1997, $45,000 Group Term Life Insurance
will be provided for Animal Services Officers and Animal Services Sergeants.
Premiums for this insurance will be paid by the County with conditions of
eligibility to be reviewed annually.
P. The County agrees that if there are amendments to State law during the term of
this agreement that allow employees in the Animal Services Officer series to be
eligible for safety retirement, and such amendments are adopted by Resolution
of the Contra Costa County Board of Supervisors, the County will meet and
confer on this issue.
Q. Surgical Scrubs. The Animal Services Department shall provide medical staff
who work in the Spay/Neuter Clinic or in Shelter Surgery with surgical scrubs.
The employee is responsible for cleaning and maintenance of the garments.
R. Kennel Staff Facial Hair. Kennel Staff are allowed to have neatly trimmed and
groomed Facial Hair as follows:
Moustache
Moustache and Goatee
Goatee
58.2 Attendant-LVN-Aide Unit.
A. Each permanent employee working in the Hospital Nursing Service and who
qualifies for paid holidays shall not be required to work on at least one (1) of the
following holidays each year: Thanksgiving, Christmas, New Year's Day.
B. Employees in this unit who are employed at CCCRMC and are required to work
on Thanksgiving, Christmas or New Year's Day will be provided a free meal in
the Hospital Cafeteria between the hours of 6:00 a.m. and 6:00 p.m.
C. Shift Differential.
58.2 Attendant-LVN-Aide Unit.
LOCAL NO. 1 -111- 2013-2016
1.Permanent Full-time and Permanent Part-time Employees.
a.Permanent full-time and part-time employees in the Hospital
Nursing Service, including Sterile Processing, will receive a shift
differential of seven and one-half percent (7.5%) of the employee's
base hourly rate of pay for the employee’s entire scheduled shift
when the employee is scheduled to work for four (4) or more hours
between 5:00p.m. and 9:00a.m.
In order to receive the seven and one-half percent (7.5%) shift
differential, the employee must start work between the hours of
midnight and 5:00a.m. or 11:00a.m. and midnight on the day that
the shift is schedule to begin. Hours worked in excess of the
employee’s scheduled workday will count towards qualifying for the
shift differential, but the employee will not be paid the shift
differential on any excess hours worked.
b.Permanent full-time and part-time employees in the Hospital
Nursing Service, including Sterile Processing, will receive a shift
differential of ten percent (10%) of the employee's base hourly rate
of pay for the entire scheduled shift when the employee is
scheduled to work for four (4) or more hours between 11:00p.m.
and 8:00a.m.
In order to receive the ten percent (10%) shift differential, the
employee must start work between the hours of 7:00p.m. and
midnight or midnight and 8:00a.m. on the day that the shift is
scheduled to begin. Hours worked in excess of the employee’s
scheduled workday will count towards qualifying for the shift
differential, but the employee will not be paid the shift differential on
any excess hours worked.
2.Permanent Intermittent and Temporary Employees.
a.Permanent Intermittent and temporary employee in the Hospital
Nursing Service, including Sterile Processing, will receive a shift
differential of seven and one-half percent (7.5%) of the employee’s
base hourly rate of pay for a maximum of eight (8) hours per
workday and/or forty (40) hours per workweek when the employee
works for four (4) or more hours between 5:00p.m. and 9:00a.m.
In order to receive the seven and one-half percent (7.5%) shift
differential, the employee must start work between the hours of
midnight and 5:00a.m. or 11:00a.m. and midnight on the day that
the shift is scheduled to begin. Hours worked in excess of eight (8)
hours in a workday will count towards qualifying for the shift
58.2 Attendant-LVN-Aide Unit.
LOCAL NO. 1 -112- 2013-2016
differential, but the employee will not be paid the shift differential on
any excess hours worked.
b.Permanent Intermittent and temporary employees in the Hospital
Nursing Service, including Sterile Processing, will receive a shift
differential of ten percent (10%) of the employee’s base hourly ra te
of pay for a maximum of eight (8) hours per workday and/or forty
(40) hours per workweek when the employee works for four (4) or
more hours between 11:00p.m. and 8:00a.m.
In order to receive the ten percent (10%) shift differential, the
employee must start work between the hours of 7:00p.m. and
midnight or midnight and 8:00a.m. on the day that the shift is
scheduled to begin. Hours worked in excess of eight (8) hours in a
workday will count towards qualifying for the shift differential, but
the employee will not be paid the shift differential on any excess
hours worked.
D. Stat Call. A ten percent (10%) base pay salary differential shall be paid for those
shifts on which employees in this and/or other Local No. 1 bargaining units are
specifically assigned by the administration to respond to emergency stat-calls if
said employees do not qualify for other hazard assignment differential. A five
percent (5%) base pay salary differential shall be paid for those shifts in which
employees are specifically assigned to respond to emergency stat-calls if said
employees qualify for other hazard assignment differential, said five percent (5%)
to be in addition to the hazard pay differential.
It is further understood that acceptance of the assignment to stat-calls for those
employees hired prior to April 1, 1979 shall be voluntary, provided, however, if
insufficient employees volunteer for the stat-calls assignment or additional
employees are required on a particular shift, nursing administration shall select
employees under their supervision judged to be qualified to handle such
assignments because of prior experience and training. All Hospital Attendants,
Psychiatric Technicians and Licensed Vocational Nurses hired on April 1, 1979
or thereafter will be advised that they may be required to handle stat-calls and if
required will receive training for such assignments. It is the intention of
administration to assign employees to stat-calls on a continuing volunteer basis.
Employees may request that they be removed from the stat-calls assignment by
submitting a request in writing stating the reasons for such request. The
administration may remove employees from the stat-calls assignment where it is
demonstrated they are no longer capable of handling such assignments.
Effective October 1, 1994 the STAT Team shall be composed of volunteers. This
shall be a six (6) month trial program subject to joint labor/management review at
the end of six (6) months.
E. Professional Standards Committee. The County recognizes the continuation of
an advisory Professional Standards Committee comprised of Licensed
Vocational Nurses, Psychiatric Technicians and Hospital Attendants employed in
58.2 Attendant-LVN-Aide Unit.
LOCAL NO. 1 -113- 2013-2016
the Health Services Department. Such a committee shall develop and
communicate recommendations only to the Director of Hospital Nursing or
Director of Ambulatory Care Nursing and Hospital Administration. The
Professional Standards Committee shall schedule one (1) regular meeting at a
mutually agreeable time and place during the day shift working hours and the
Health Services Department agrees to release a total of six (6) employees; three
(3) Licensed Vocational Nurses, one (1) Surgical Technician and one (1)
Psychiatric Technician and one (1) Hospital Attendant for a period not to exceed
two (2) hours excluding travel time for any one member to attend such meeting.
Such Committee members and their alternates shall be selected by Local No. 1.
Numerical membership on the Professional Standards Committee shall be such
so as to preclude disruption of work activities of any particular work area and
shall include at least one (1) representative from the outpatient clinics. Upon two
(2) weeks notice, the Committee may request, with approval of the Director of
Hospital Nursing or Director of Ambulatory Care Nursing as appropriate, that
other personnel attend the monthly meetings, provided that such personnel are
furnished with the reasons they have been invited and a written agenda for the
meeting they have been asked to attend.
The Health Services Department agrees to meet with the LVN-Professional
Standards Committee within sixty (60) days following the ratification of this MOU
to discuss such issues as scope of practice, team nursing and the float policy.
F. Detention Facility Assignment Pay. The Detention Facility Assignment Pay is
calculated at five percent (5%) of the employee’s base rate of pay. Permanent
full-time and part-time, and permanent intermittent employees in the Attendant-
LVN-Aide Unit will be paid the detention facility assignment pay if th e employee’s
position is assigned to one of the following facilities:
Org.# Facility Name
2580 West County Detention
2578 Martinez Detention
2585 Marsh Creek Detention
3120 Juvenile Hall
3160 Byron Boys Center
5700 Martinez Detention Infirmary
5701 West County Detention Infirmary
5702 Juvenile Hall Nursing
5710 Detention Mental Health Martinez
5711 Detention Mental Health West County
Employees eligible for this Detention Facility Assignment Pay are not eligible to
receive Hazard Pay under Section 48 of this M.O.U.
G. Weekend Differential. Employees in the Attendant/LVN/Aide Unit shall receive a
weekend shift bonus of twenty-five dollars ($25.00) per shift for each weekend
shift worked which: 1) falls on weekends for which the employee is not scheduled
to work in their normal work schedule; 2) falls between the beginning of the night
58.2 Attendant-LVN-Aide Unit.
LOCAL NO. 1 -114- 2013-2016
shift on Friday and the end of the evening shift on Sunday; 3) is worked for the
full duration of the shift; and 4) is not the result of a trade. The employee is t o
note such qualifying shifts on his/her time sheets in order to receive this
compensation.
H. Hospital Schedules. The Health Services Department shall continue to schedule
Licensed Vocational Nurses, Psychiatric Technicians and Certified Nursing
Assistants with every other weekend off. Bid notices for these positions shall
include a statement that employees have every other weekend off and that
schedules are periodically changed and posted in advance of any such change
I. Permanent-Intermittent Differential. Permanent-intermittent Licensed Vocational
Nurses and Psychiatric Technicians shall be paid a differential of seven and one-
half (7-1/2) percent of their base pay.
J. O.R. – Sterile Processing On-Call and Call Back Time.
1.On-Call Duty.
a.Permanent full-time and part-time employees in the classifications
of Surgical Technologist (VT7B), Sterile Processing and Distribution
Technician (1EWA), and Lead Sterile Processing and Distribution
Technician (1ETB) assigned to On-Call Duty for the Operating
Room or Post Anesthesia Recovery will be paid one (1) hour of
straight time pay for each two (2) hours designated as On-Call
Duty. If an employee’s on-call duty hours are not in increments of
two (2) hours, the On-Call Duty hours will be pro-rated. For
example, if the employee is assigned to On-Call Duty for six (6)
hours, then the employee would receive three (3) hours of straight
time pay for the six (6) hours of designated On-Call Duty (6 hours ÷
2 hours = 3 hours).
b.An employee is considered assigned to On-Call Duty if all of the
following criteria are met:
i.A permanent full-time or part-time employee is not
scheduled to work on County premises, but is required to
report to work immediately if called.
ii.The employee must provide his/her supervisor with current
contact information so that the supervisor can reach the
employee with ten (10) minutes or less notice.
iii.The Department Head designates and approves those
permanent full-time and part-time employees who will be
assigned to On-Call Duty.
c. If an employee is called back to work while assigned to On-Call
Duty, the employee will be paid for the total assigned On-Call Duty
58.2 Attendant-LVN-Aide Unit.
LOCAL NO. 1 -115- 2013-2016
hours regardless of when the employee returns to work.
2.Call Back Time. Permanent full-time or part-time employees in the
classifications of Surgical Technologist (VT7B), Sterile Processing and
Distribution Technician (1EWA), and Lead Sterile Processing and Distribution
Technician (1ETB) assigned to On-Call Duty for the Operating Room or Post
Anesthesia recovery Room will be paid Call Back Time Pay as set forth in
Section 8 of this MOU, except that employees called back to work will be paid a
minimum of three (3) hours for each Call Back Time event.
K. Contiguous Shifts. At the County's request, if an employee in this unit works on
all or parts of two contiguous shifts (more than eight (8) continuous hours) which
is outside the employees regular work schedule and the first eight (8) hours fall
on one day and the additional hours fall on the following day, the employee shall
be paid a differential of one-half (½) the employees base salary rate in addition to
the employees base salary rate for the hours worked in excess of eight (8) hours.
Employees in this unit working at the CCCRMC who, at the County's request
work two contiguous shifts (sixteen (16) continuous hours) shall be provided a
meal in the hospital cafeteria at no cost to the employee
Employees in the Hospital Nursing Service and in the classifications of Sterile
Processing and Distribution Techs (1ETB and 1EWA), who work a double shift
who work a double shift shall receive twenty-five dollars ($25.00) in addition to all
other compensation for each double shift worked. Employees who work from the
beginning of their regularly scheduled shift to the conclusion of the next
scheduled shift will be considered to have worked a double shift. If the second
shift is not completed, the premium will be prorated. If the total hours worked,
excluding lunch breaks, exceed sixteen (16) hours, additional prorated premium
will be paid.
L. Continuing Education. Each regular full-time Licensed Vocational Nurse and
Psychiatric Technician with one or more years of County service shall be entitled
to forty (40) hours leave with pay each year to attend accredited continuing
education courses, institutions, workshops, or classes. Full-time Surgical
Technicians will be entitled to fourteen (14) hours per year for the same purpose.
Written requests for such leave must be submitted in advance and may be
approved by the appropriate supervisor only in the event such leave does not
interfere with staffing. The leave is accumulated from year-to-year if; 1) it is
applied for and denied, 2) it is applied for this year for a course next year, and 3)
if it is applied for to anticipate taking a specific course of more than forty (40)
hours duration. The maximum leave available in any fiscal year may not exceed
twice what may be accrued in any one fiscal year. The leave hereinabove
defined shall not apply to those courses or programs the nurse is required by the
County to attend.
A Licensed Vocational Nurse or Psychiatric Technician assigned to the night shift
who attends a continuing education course of eight (8) hours duration outside
his/her scheduled work time, may receive educational leave pay for the actual
58.2 Attendant-LVN-Aide Unit.
LOCAL NO. 1 -116- 2013-2016
course time and may be excused from the night shift immediately preceding or
following the course attended.
An employee who attends a pre-approved course on a date for which he/she is
not regularly scheduled to work or who completes a pre-approved home study
course, will be granted CE time off for the number of hours equivalent of the CE
units earned. Only Board of Registered Nurses Accredited Courses will be
approved. Such time off must be scheduled in advance by mutual agreement
between the employee and the supervisor.
Each full-time Registered Dental Assistant with one or more years of County
service shall be entitled to four (4) days of paid continuing education leave every
two (2) years.
Permanent part-time employees shall receive prorated CE leave in the same
ratio of their position hours to full-time.
Each full-time Certified Nursing Assistant with one or more years of County
service shall be entitled to forty-eight (48) hours of paid continuing education
leave every two (2) years.
M. Charge Pay. A fully certified Licensed Vocational Nurse or Psychiatric
Technician who, at the County's' request, is placed in charge of a ward for an
eight (8) hour shift shall receive an additional five dollars ($5.00) per shift.
N. Hospital Call-In Procedures. The following procedures shall apply to employees
in the class of Licensed Vocational Nurse, Psychiatric Technician and Hospital
Attendant employed at CCCRMC who become ill prior to a scheduled work shift
and supersedes Section 14.4 of this MOU.
1.Employees in the Hospital Nursing Service are required to notify the
Nursing Office at least two (2) hours prior to the commencement of the
evening or night shift or one (1) hour prior to the day shift if they are calling
in sick or requesting unplanned time off. Employees in the Ambulatory
Care Nursing Service are required to call in at least one (1) hour prior to
their scheduled shift and leave a message in voice mail. Notification shall
include the reasons and possible duration of the absence.
2.Employees in the Hospital Nursing Service returning from sick leave or
emergency leave of any kind must give two (2) hours prior notice unless it
was clearly understood at the outset of the leave when the employee
planned to return. In the Ambulatory Care Nursing Service, to the extent
possible, employees should notify the Charge Nurse by 4:00 p.m. of the
day preceding their anticipated return.
3.Employees in the Hospital Nursing Service calling in sick, asking for
emergency time off or calling in to say they will be late, must call the
Nursing Office directly and not their unit area to advise of their intentions.
58.2 Attendant-LVN-Aide Unit.
LOCAL NO. 1 -117- 2013-2016
4.Employees who do not give the required notice of their intent not to come
to work as scheduled shall be coded as absent without pay for payroll
purposes unless they provide a reason which is satisfactory to Nursing
Administration. Infrequent absences with justification shall normally later
be charged to sick leave.
Hospital Nursing Service or Ambulatory Care Nursing Service employees
who are called in to work a shift for which they are not scheduled after that
shift has begun shall receive payment for actual time worked plus one (1)
hour and shall be paid a minimum of two (2) hours pay.
O. Vacation. The following vacation accruals shall be effective October 1, 1981 for
employees in the Attendant LVN-Aide Unit and other accruals listed in Section
13.2 shall not apply.
Max. Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Vacation for employees in the Hospital and Clinic Divisions Hospital Nursing
Service (including the Detention Facilities) and Ambulatory Care Nursing
Services shall be scheduled on an annual cycle, April 1 through March 31.
Employees must submit their written vacation request by March 1st of each year.
The hospital will post a schedule of vacations by April 1st of each year.
Normally, only one employee per classification from each worksite and shift may
receive vacation at the same time; however management may approve more
than one employee per classification based upon operational needs. 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.
Vacation requests submitted after March 1st shall be considered on a first come
basis and shall be subject to staffing availability.
An employee voluntarily changing worksite or shift after March 1st must resubmit
a vacation request for consideration on a first come basis.
Vacations which include major holidays, Thanksgiving, Christmas and New
Year's Day shall be rotated amongst staff rather than determined by seniority.
P. Appointment Salary. The County may hire new employees into classes in this
bargaining unit at any step of the salary range for the particular class.
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LOCAL NO. 1 -118- 2013-2016
Consideration shall be given to the qualifications of the appointee relative to
current incumbents. The County shall advise the Union of any appointments
made at a salary level higher than that of an incumbent with equal qualifications.
Q. Low Census. Unanticipated declines in hospital patient census may result in the
need to temporarily reduce staffing hours for periods of time not requiring formal
layoff procedures. When this occurs, the Hospital Nursing Service shall use a
variety of procedures to call off and reassign staff. Those procedures will
generally emphasize the call off of volunteers first, and the retention of
permanent employees.
Employees may voluntarily request accrued time off by calling the Staffing Office
and asking to be placed on a standing Absent Day list to be used for voluntary
call offs in future low census days.
The Staffing Office will seek voluntary call offs on a shift-to-shift basis.
Employees will be floated to available assignments in other units for which they
are oriented or otherwise qualified.
If necessary, as assessed on a daily basis, employees will be required to take
Involuntary Call Off days on an equitable rotation. Order of Involuntary Call Off
will normally be Registry, Temporary, Permanent-intermittent, Permanent Part
Time and Permanent Full-time. The maximum number of Involuntary Call Off
days per permanent employee will not exceed one shift per month or three (3)
shifts per year. Permanent employees will be offered the option of using vacation
or holiday accruals if the employee has the accruals available. Otherwise, the
employee will be placed on AWOP.
LT, Overtime or Registry Nurses will not be assigned to work on units for which
an employee who is on Involuntary Call Off day is qualified to work. Involuntary
Call Offs will be reasonably distributed among the various nursing classifications
consistent with the staffing patterns for patient census and acuity needs.
Employees will be notified a minimum of two hours in advance of each shift for
which an Involuntary Call Off day is assigned. In the event such notice is not
given, the affected employee will receive a minimum of two (2) hours work at the
employee's regular rate. Should the hospital make such a documented attempt to
notify the employee of a cancellation of shift, but be unsuccessful in doing so,
this pay provision will not apply. It is the responsibility of the employee to
maintain a current telephone number with the Staffing Office. Failure to do so
relieves the Hospital of the notification and pay obligations.
The same procedures will be used in the event of reduced patient visits in the
Ambulatory Care Nursing Service. They will be applicable at all Clinics and
Health Centers.
These procedures will apply in the hospital when the patient census falls below
120. This provision shall remain in effect for the duration of this MOU.
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R. Sterile Processing. For employees in Sterile Processing, the County will provide
pant suits as an option and shall also provide poncho type rain apparel as
needed in rainy weather.
Employees in Sterile Processing are scheduled on the basis of an eight and one-
half hour day and are on their own time during the lunch period. If operational
reasons preclude an employee from leaving the work area during the lunch
period, such time shall be considered worked and will be paid at the overtime
rate.
S. Public Service Officers. At the Service Integration Program Family Service
Centers, the Public Service Officers shall be allowed a one-half (½) hour paid
lunch to remain on-site throughout the 8:30 a.m. - 5:00 p.m. service hours.
The Health Services Department will provide an identification card for Public
Service Officers recognizing they perform their duties under the guidelines set
forth in section 836.5 of the California Penal Code and Section 1250 of the
Health and Safety Code.
The Health Services Department will provide a bullet proof vest for each Public
Service Officer (PSO) to be worn at all times while on duty. The PSO will return
the vest to the Health Services Department when the PSO is no longer employed
as a PSO.
58.3 Building Trades Unit.
A. The County shall continue to supply employees in the Building Trades Unit with
specific tools which shall be maintained and secured on County premises. No
tools other than those supplied by the County may be used except upon prior
authorization of the County.
B. The County shall pay each employee in the Building Trades Unit a
reimbursement of twenty-five dollars ($25.00) per month, such to defray the cost
of supplying and cleaning clothing worn in the performance of regular duties.
C. Detention Facility Assignment Pay. The Detention Facility Assignment Pay is
calculated at five percent (5%) of the employee’s base rate of pay. Permanent
full-time and part-time, and permanent intermittent employees will be paid
detention facility assignment pay if the employee’s position is assigned to one of
the following facilities:
Org.# Facility Name
2580 West County Detention
2578 Martinez Detention
2585 Marsh Creek Detention
3120 Juvenile Hall
58.3 Building Trades Unit.
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3160 Byron Boys Center
5700 Martinez Detention Infirmary
5701 West County Detention Infirmary
5702 Juvenile Hall Nursing
5710 Detention Mental Health Martinez
5711 Detention Mental Health West County
Employees eligible for this Detention Facility Assignment Pay are not eligible to
receive Hazard Pay under Section 48 of this M.O.U.
D. The County will provide reimbursement, up to fifty dollars ($50.00) per calendar
year to Painters and Steamfitters for special blood tests, the purpose of which is
to detect lead or other heavy metals. A statement from the Physician must be
submitted with the receipt.
E. Employees in the unit who work four (4) or more hours of overtime after midnight
on a regularly scheduled work day may request and shall be granted the use of
vacation, holiday or compensatory time for all or part of that day.
F. The parties agree that within forty-five (45) calendar days after approval by the
Board of Supervisors of the MOU between the County and Local One, the
General Services Department shall reach agreement with employees
represented by the Building Trades Unit and reduce to writing, a policy by each
craft/shop in the method which overtime is assigned.
G. Reassignment (Bidding) Procedure. The below listed procedure will apply to the
entire Building Trades Unit for satellite locations.
1.The Building Trades Unit will follow the procedures set forth in Section
22.4 Voluntary Reassignment (Bidding) Procedure 22.5 – Involuntary
Reassignment procedure, with the exceptions noted below:
2.Vacancy Notices Posted. Vacant position notices will be posted, in
writing, for thirty (30) calendar days pursuant to 22.4.H. The Department
will mail a bid notice to each employee who is on an approved leave of
absence.
3.Who May Request Reassignment. Employees on leaves of absence are
eligible to request reassignment if they are able to begin work when the
assignment begins.
4.Who may not request reassignment. Employees on leaves of absence
who are unable to return to work when the assignment begins are not
eligible to request reassignment.
5.Employee Selection. The Department will select the most senior
employee who bids on a position.
58.5 Engineering Unit.
LOCAL NO. 1 -121- 2013-2016
6.When a vacancy occurs in the Traffic Signal Shop and an Electrician fills
this vacant position, the Department is not obligated to allow another
Electrician to bid out of the Traffic Signal Shop until the Department is
satisfied that the new Electrician in the Traffic Signal Shop is fully trained.
7.Pursuant to Section 22.5 and only for temporary reassignments of eight
weeks or less, the employee who is temporarily reassigned must decide
whether to start each work day at the temporary reassignment location or
at his/her permanent assignment location. The employee must
communicate that decision to his/her supervisor at or before the start date
of the temporary reassignment.
8.The Department may assign newly hired Building Trades employees to
multiple satellite work assignments at the Department’s sole discre tion
throughout the employee’s initial probationary period.
H. Effective January 1, 2014, the following classifications in the Building Trades Unit
will be designated as flexibly staffed classifications: Lead Carpenter (GFTC),
Lead Electrician (GFTA), Lead Painter (GFTB), and Lead Steamfitter (GFTE).
The Salary and Class listing attached to this MOU will be updated accordingly.
58.4 This Section Left Blank Intentionally.
58.5 Engineering Unit.
A. The Public Works Department will continue a one-half (½) hour lunch period for
all employees in the classification of Junior Drafter and Senior Drafter.
Management will determine the time of the lunch period and the starting and
quitting times for each employee. Crucial to the continuance of the one-half (½)
hour lunch period will be the impact on service to the public.
The existing system of one-half (½) hour lunch periods in the Assessor's
Department will be continued.
B. Employees in the classifications of Grading Technicians and Senior Grading
Technicians shall be reimbursed for the actual cost of rain gear up to a maximum
of thirty-five dollars ($35.00).
C. The Public Works Department and the Assessor's Office shall continue a flexible
forty (40) hour work week for Junior Drafter and Senior Drafter.
D. The County shall conduct an election among the members of the Engineering
Unit to determine whether a majority of those voting wish to have State Disability
coverage.
E. Employees in the Real Property Agent or Auditor-Appraiser classification series
shall be eligible for reimbursement of membership dues for a bona fide
professional organization related to their classification and duties (e.g.
58.5 Engineering Unit.
LOCAL NO. 1 -122- 2013-2016
International Right of Way Association, Building Owners Management
Association, Society of Auditors and Appraisers). Appropriateness of the
professional organization and applicability of membership shall be subject to
approval by the Department. The amount of the reimbursement shall not exceed
two hundred dollars ($200) annually.
F. Educational Incentive. Effective January 1, 2007, employees in the
classifications of Auditor-Appraiser I (DRWB), Auditor-Appraiser II (DRVA), and
Senior Auditor-Appraiser (DRTA), will be entitled to a salary differential of two
and one-half percent (2.5%) of base pay or a minimum of fifty dollars ($50) per
month, whichever is greater, for possession of a certification for educational
achievement from at least one of the following:
a.American Institute of Real Estate Appraisers-Residential Member (RM)
designation;
b.State Board of Equalization-Advanced Appraiser certification;
c. International Association of Assessing Officers - Residential Evaluation
Specialist (RES);
d.Society of Auditor Appraisers - Master Auditor-Appraiser (MAA)
designation;
e.Society of Real Estate Appraisers - Senior Residential Appraiser (SRA)
designation;
f.Any other certification approved by the County Assessor and the Director
of Human Resources.
G. Educational Incentive. Effective on and after July 1, 2009, employees in the
Public Works Department in the classifications of Senior Real Property Agent
(DYTB), Associate Real Property Agent (DYTA), Assistant Real Property Agent
(DYVA), Junior Real Property Agent (DYWA), and Junior Real Property Agent-
Project (DYW1), are entitled to a salary differential of five percent (5%) of base
pay for possessing and maintaining a valid certification issued by the following:
The International Right of Way Association (IRWA) Senior Membership
Designation;
H. Educational Incentive. Effective on and after July 1, 2009, employees in the
General Services Department in the classifications of Senior Real Property Agent
(DYTB), Associate Real Property Agent (DYTA), Assistant Real Property Agent
(DYVA), Junior Real Property Agent (DYWA), and Junior Real Property Agent-
Project (DYW1), and are entitled to a salary differential of five percent (5%) of
base pay for possessing and maintaining a valid certification issued by one or
both of the following:
1.The International Right of Way Association (IRWA) Senior Membership
58.6 Community Services Bureau Unit.
LOCAL NO. 1 -123- 2013-2016
Designation; Building Owners & Managers Institute (BOMI) – Real
Property Administrator (RPA) designation or Facilities Management
Administrator (FMA) designation.
58.6 Community Services Bureau Unit.
It is understood for this Unit that all terms and conditions of the MOU shall apply except
(1) those sections which pertain to the Merit System, (2) those limited in Attachment C,
as modified below, and (3) entitled Sections in the MOU modified below:
A. Salaries. Because employees in the Community Services Bureau receive
external State and federal funding for their programs, these employees are not
eligible for general cost of living wage adjustments negotiated between Local
One and the County.
Should funds become available during the life of this MOU from any of the State
or federal sources funding the Department’s programs whic h the Community
Services Bureau deems appropriate for an annual cost of living adjustment or
other salary increase for employees of the Community Services Bureau, the
Department and Local One shall meet and confer annually during the month of
July regarding the distribution of these funds.
As a result of the Federal funds made available in 2009 to the Community Services
Bureau, the County will grant a 3.06% COLA to those employees in the eligible
classifications in the Community Services Bureau, effective July 1, 2010.
The eligible classifications are as follows:
Master Teacher -Project
Teacher - Project
Associate Teacher - Project
Infant Toddler – Master Teacher - Project
Infant Toddler – Teacher - Project
Infant Toddler – Associate Teacher - Project
Intermediate Clerk - Project
Senior Clerk – Project
Child Nutrition Worker I - Project
Child Nutrition Worker II - Project
Child Nutrition Worker III - Project
Child Nutrition Food Service Transporter - Project
Early Childhood Home Educator - Project
B. Separation Through Layoff. All current MOU provisions regarding seniority and
layoff shall apply to employees of the Family and Children’s Services Unit with
the following modifications which are implemented to recognize that some
positions in the Division are not funded on a year-round basis and that annual
work cycles of positions in the same class may vary:
58.6 Community Services Bureau Unit.
LOCAL NO. 1 -124- 2013-2016
1.Specific positions otherwise denoted “full time” may be assigned a work
cycle which is less than a full twelve-month year.
2.Positions in the same class may be filled on both a year-round (12-month)
and less than year-round basis. Some employees will be subject to
periods of layoff in accordance with the following provisions:
a.Employees will be notified at the time of initial employment or
promotion into the class as to the duration of the work year for the
position being filled
b.Laid off employees are provided with an assurance of return to
work at the beginning of the next work cycle if the position is still
funded.
c. In situations where employees return to work together at the
beginning of varying length work cycles, employees will be provided
the opportunity to select assignment to the longer work cycle on the
basis of seniority in class. This provision shall not apply to work
cycles which begin at different times.
C. Promotion. Promotional opportunities shall be available within the Unit to
members with the understanding that due to their Project status, the employees
may not participate in Merit System promotional examinations.
Notwithstanding this limitation, the Community Services Department may request
that the Director of Human Resources announce open examinations on a
restricted basis, such as “Open Only to Employees of the Community Services
Department” for the purpose of targeting qualified applicants.
When an examination is restricted to the Community Services Department,
employees who have qualified and who have earned a score of seventy percent
(70%) or more shall receive five one-hundredths (.05) of one percent for each
completed month of service as a permanent employee in the Community
Services Department continuously preceding the final date for filing for the
examination. The credits shall be included in the final percentage score from
which the rank on the list is determined. No employee however, shall receive
more than a total of five (5.0) points for seniority in any such examination.
Employees are in no way restricted from applying to compete in any examination
announced by the County on an “open only” or “open and promotional” basis.
D. Disciplinary Action. Employees of the Family and Children’s Services Unit shall
be subject to all provisions of MOU Section 24 - Dismissal, Suspension,
Temporary Reduction in Pay and Demotion, except that those references to the
Merit System in 24.1 (c) and (k) are changed to read “County Service” and
“County Ordinance or Resolution” respectively; and the reference to the Merit
Board in 24.5 and 24.6 (c) shall be deleted.
58.6 Community Services Bureau Unit.
LOCAL NO. 1 -125- 2013-2016
E. Grievance Procedures. Employees of the Family and Children’s Services Unit
shall be subject to all provisions of MOU Section 25 - Grievance Procedure,
except that if an appeal is made to the Merit Board on the basis of alleged
discrimination, such appeal may not also be subject to the grievance procedure.
F. Reassignment and Bid Procedures. With respect to reassignment of work
location, provisions of MOU Section 22.3 – Reassignment of Work Location, shall
apply and are amplified as follows:
1.The Family and Children’s Services Division agrees to post all vacancies
for at least five (5) days to allow for reassignment applications.
2.In considering any request for reassignment of Family and Children’s
Services staff, the Family and Children’s Services Division will fill the initial
vacancy with the most senior employee requesting the reassignment. Any
subsequent vacancies which are created through filling the initial vacancy
will be filled based on requirements of the Family and Children’s Services
Division.
3.Once annually, in May or June the Division and Local One will conduct an
open bid meeting wherein all employees may bid for vacant positions on
the basis of seniority. Prior to posting the bids, the Division will meet with
the Union to advise them of any positions requiring specific criteria
necessary to comply with Head Start or State Licensing requirements. The
Division will identify these criteria when posting these positions for bidding.
An employee bidding for these positions must meet any site specific
criteria. The hours of work shall be posted for each position at the bid
meeting. The division may change the posted hours of work after the bid
meeting and before the assignment begins by no more than 30 minutes if
a change in hours is necessary to accommodate the children enrolled at
the site. If it does, the Division will notify the affected employee and Local
#1 as soon as it determines that it must change the hours. The Division
shall tell employees at the bid meeting the position to which they have
been assigned pursuant to the bid meeting and shall confirm that notice in
writing within two (2) weeks of the bid meeting. Additional vacant positions
that are created through the bid procedure will also be filled by seniority as
provided in this section. If all vacancies are not filled through the annual
bidding process, the Division will fill the positions based on Division
requirements.
In addition, the following bidding restrictions shall apply:
(a) An employee appointed to a position during the annual bid
meeting may transfer no more than one time during the program
year.
(b) An employee who chooses not to bid during the annual bid
meeting may transfer once during the program year.
58.7 General Services and Maintenance Unit.
LOCAL NO. 1 -126- 2013-2016
(c) Probationary employees are not eligible to bid on a position.
4.The division reserves the right to reassign an employee during the
Program year should the employee be the subject of an investigation
involving the welfare of the children under the employee’s care.
58.7 General Services and Maintenance Unit.
A. General. All existing departments safety awards shall continue for the duration of
this MOU.
B. Field Personnel.
1.The County will provide coveralls or overalls to each employee assigned
to the paint crew and bridge crew in the Public Works Maintenance
Division of the Public Works Department and will launder such clothing on
a regular basis. The employees will be required to select either coveralls
or overalls; this choice shall be considered a permanent selection.
Coveralls shall be provided for the employee assigned to and operating
the Gradall.
2.The Safety Committee of the Public Works Department, as previously
referenced in a Departmental MOU, shall continue for the duration of this
agreement.
3.Laborers participating in the Public Works Department Equipment
Operator I training program and who are employed as Laborers prior to
July 1, 1977 will be paid mileage allowance in accordance with the
existing County policy such miles driven each day which exceed by ten
(10) miles the miles driven between their residence and the location they
worked immediately prior to entering said training program. It is
understood that this agreement was made to take into account the very
specialized nature of the aforementioned training program and should not
in any way be considered as setting a precedent with regards to the
County mileage policy.
4.The Public Works Department agrees to offer Defensive Driver Training to
employees on road maintenance crews.
5.The General Services Department will meet and confer with the Union if it
intends to increase the work test crews beyond nine (9) members.
6.On a trial basis for the employees in the General Services and
Maintenance Unit, and at the sole discretion of the Director of Human
Resources upon written request stating the reasons for such request, the
Union may appoint an individual to observe instructions given an oral
board by the appointing authority on his/her own time.
58.7 General Services and Maintenance Unit.
LOCAL NO. 1 -127- 2013-2016
C. Shop Personnel.
1.The County will pay Equipment Mechanics a tool allowance of four
hundred dollars ($400.00) per calendar year. Air tools will be considered
an eligible tool allowance item. The tool allowance benefit will be provided
on a reimbursement basis through submission of County payment
demand forms with proof of purchase.
2.Employees in the classes of Equipment Mechanic, Apprentice Mechanic,
Equipment Services Worker and Garage Attendant will have the choice of
the County providing coveralls or pants and shirt. The employees will be
required to select either coveralls or pants and shirt; this choice shall be
considered a permanent selection.
3.Employees referenced in C.2 above shall be provided with additional
uniforms so as to enable the employee to have a clean uniform each day.
4.Employees assigned to the Contra Costa County Fire Protection District to
perform the duties of Equipment Mechanic shall receive a five percent
(5%) differential effective July 1, 2006. A new classification of Fire
Equipment Mechanic incorporating such differential will be established no
later than July 1, 2007.
D. Building Maintenance & Miscellaneous Employees
1. Detention Facility Assignment Pay. The Detention Facility Assignment
Pay is calculated at five percent (5%) of the employee’s base rate of pay.
Permanent full-time and part-time employees, and permanent intermittent
employees in the General Services and Maintenance Unit and in the
classifications of Cook (1KWA), Lead Cook (1KTA), Stationary Engineer
(GWVC), Detention Services Aide (64WG), Detention Services Worker
(64VD), Lead Detention Services Worker (64TB), Custodian I and II
(GK7A, GKWB), Institutional Services Aide (1KWC), Institutional Services
Worker-Generalist (1KVD), and Institutional Services Worker-Lead (1KVF)
will be paid the detention facility assignment pay if the employee’s position
is assigned to one of the following facilities:
Org.# Facility Name
2580 West County Detention
2578 Martinez Detention
2585 Marsh Creek Detention
3120 Juvenile Hall
3160 Byron Boys Center
5700 Martinez Detention Infirmary
5701 West County Detention Infirmary
5702 Juvenile Hall Nursing
5710 Detention Mental Health Martinez
5711 Detention Mental Health West County
58.7 General Services and Maintenance Unit.
LOCAL NO. 1 -128- 2013-2016
Employees eligible for this Detention Facility Assignment Pay are not
eligible to receive Hazard Pay under Section 48 of this M.O.U.
2. The Building Maintenance Division of the General Services Department
shall continue the safety committee of no less than two (2) employees
selected by Contra Costa County Employees Association, Local No. 1 in
the classes of Window Washer and Lead Window Washer to discuss
various safety problems. This committee shall meet not less than once
every three (3) months nor more than once a month upon request of the
employees.
3. The County shall pay Stationary Engineers, Lead Stationary Engineers,
Stationary Systems Specialist I, and Stationary Systems Specialist II, in
the General Services and Maintenance Unit a reimbursement of twenty-
five dollars ($25.00) per month, to defray the cost of supplying and
cleaning clothing worn in the performance of regular duties.
4. The County will provide reimbursement, up to sixty-five dollars ($65.00)
per calendar year, to permanent Groundskeepers, Gardeners and Lead
Gardeners for the purchase of coveralls or overalls worn on the job.
E. Communications.
1.The Communications Division Safety Committee shall be continued. Said
Committee shall consist of two (2) Communications Division employees selected
by the Union. Said Committee shall meet quarterly with a Manager and the
Departmental Safety Coordinator. Said meetings shall not exceed one (1) hour in
duration except by mutual agreement of the parties.
2.Permanent full-time, Part-time, and Permanent Intermittent employees in the
classifications of Communications Equipment Specialist (PEWF), Materials
Technician (91VC), Telecommunication Specialist I (PEWL), and
Telecommunications Specialist II (PEVA) who are assigned to the Radio
Communications unit (Org. # 4285) and who are required to climb a
communication tower will be paid one (1.0) hour of straight time pay at the rate of
one (1.0) times the employee’s base rate of pay (excluding differentials) on any
day that the employee climbs a tower regardless of the number of times the
employee is required to climb a communication tower on that day. Tower
construction work will be contracted out.
3.County-owned vehicles will not be taken home by employees regardless of
whether they are on call or working overtime.
F. Sheriff's Personnel.
The County shall continue to pay twenty-five dollars ($25.00) per month uniform
allowance for employees in the Sheriff's Department who are required to wear a
uniform in the performance of their duty in the following classifications: Sheriff's
Services Assistant I, Sheriff's Services Assistant II and Storekeeper.
58.7 General Services and Maintenance Unit.
LOCAL NO. 1 -129- 2013-2016
G. Building Inspectors.
1.The Building Inspection Department shall pay Inspectors a reimbursement
up to a maximum amount of fifty dollars ($50.00) plus sales tax per
calendar year, for the purchase of knee pads and coveralls, and thirty-five
dollars ($35.00) plus sales tax per calendar year, for rain boots and rain
gear.
2.Building Inspectors are assigned by the Building Inspection Department to
Housing Rehab, Mobile Home, Commercial inspections Code
Enforcement, Weatherization and Residential inspection activities. These
assignments may be rotated at the discretion of the Department Head.
3. Effective January 1, 2014, the following classifications in the Department
of Conservation will be designated as flexibly staffed classifications:
Senior Building Inspector (FATE), Senior Grading Inspector (NXTA), and
Senior Plan Checker (FRTA). The Salary and Class listing attached to this
MOU will be updated accordingly.
H. Central Service.
1.Local No. 1 will select a spokesperson who is an employee of the County
Administrator's Office to bring to the attention of and discuss with the
Department Head or his designee at convenient times any safety
problems existing within the department.
2.The County will provide employees in the class of Driver Clerk, poncho
type rain apparel.
The above does not exclude any other employee from bringing to the
attention of the management of the County Administrator's office any
safety problems that may exist.
3.Effective the first month following execution of this MOU, Office Service
Workers will be paid at the applicable higher rate from the first day when
substituting on Driver Clerk routes.
I. Hospital Workers.
1.If an employee in this unit, employed at the County Hospital, who at the
County's request works on all or part of two contiguous shifts (more than
eight (8) continuous hours) which is outside the employees regular work
schedule and the first eight (8) hours fall on one day and the additional
hours fall on the following day, the employee shall be paid a differential of
one-half (½) the employees base salary rate in addition to the employees
base salary rate for the hours worked in excess of eight (8) hours.
58.7 General Services and Maintenance Unit.
LOCAL NO. 1 -130- 2013-2016
2.Employees in this unit working at the CCCRMC who at the County's
request work two contiguous shifts (sixteen (16) continuous hours) shall
be provided a meal in the Hospital Cafeteria at no cost to the employee.
3.Employees in this unit who are employed at CCCRMC and are required to
work on Thanksgiving, Christmas or New Year's Day will be provided a
free meal in the Hospital Cafeteria between the hours of 6:30 a.m. and
6:30 p.m.
4.Where only one Storeroom Clerk is on duty on a shift at the main Hospital
Storeroom on a given day, and the Storeroom cannot be closed for one-
half (½) hour to permit that Storeroom Clerk an unpaid lunch period, the
Storeroom Clerk will be scheduled to work a straight eight (8) hour shift
with a paid lunch period.
5.The County shall provide pantsuits as an option to employees in the
classes of Central Supply Technician, Lead Central Supply Technician,
Institutional Services Aide, and Institutional Services Worker's who are
normally furnished uniforms by the County.
6.The County will provide poncho type rain apparel as needed for
employees in the Hospital Central Supply and Environmental Service who
are required to go outdoors while it is raining.
7.Employees in the class of Central Supply Technician are scheduled on the
basis of an eight and one-half (8-1/2) hour day and are on their own time
during their lunch period. If operational reasons preclude an employee
from leaving the work area during the lunch period, such time worked shall
be paid at the rate of time and one-half.
8.CCRMC Shift Relief. An Institutional Services Worker-Generalist or
Institutional Services Worker-Specialist who at the County’s request,
relieves a Cook at Contra Costa Regional Medical Center for a shift will
receive an additional twelve dollars ($12.00) per shift.
Commencing on the 41st consecutive hour in the assignment, Article 5.14
Pay for Work in a Higher Classification will apply.
J. Library Personnel.
1.Section 12 of this MOU regarding holidays is modified for all employees in
this unit assigned to the Library to delete the day after Thanksgiving as a
holiday and to add the day before Christmas as a holiday. The Libraries
will close at 6:00 p.m. on the day before Thanksgiving.
2.The Driver Clerk permanently assigned to drive the Bookmobile shall
receive in addition to his/her base pay a differential of five percent (5%) of
base pay as premium compensation for this assignment.
58.8 - Health Services Unit.
LOCAL NO. 1 -131- 2013-2016
3.Employees in this unit assigned to the Library who work Saturday shall
receive a five percent (5%) differential for all hours worked on Saturday.
Said five percent (5%) differential shall not apply to any overtime hours
worked on Saturday.
Permanent full-time, part-time, permanent intermittent, and temporary
employees in the Library Unit will receive a shift differential of seven and
one-half percent (7.5%) of the employee’s base hourly rate of pay for all
hours worked on a Sunday.
4.The Libraries will close at 5:00 p.m. on New Year's Eve. Employees in this
unit assigned to work at the Library shall rearrange their work schedules
so that they work a full eight (8) hour shift.
K. Commercial License Hazardous Materials Endorsement
For Classifications requiring the above endorsement, the County will reimburse
employees for the required costs associated with the background check required
for a Commercial Drivers License Hazardous Materials Endorsement.
58.8 - Health Services Unit.
A. Public Health Nurses.
1.The current Public Health Nurse Professional Standards and Practices
Committee (PSPC) shall continue for the duration of this MOU. The PSPC
will be comprised of seven members.
2.Effective July 1, 1996, approved Continuing Education Leave (CE) time
entitlement will be twenty-four (24) hours per fiscal year for the full-time,
permanent Public Health Nurse. Permanent part-time PHN's will have their
approved CE time entitlement prorated on the basis of the number of
hours they work in relation to the regular forty (40) hour work week, with a
minimum of fifteen (15) hours per fiscal year.
CE time may be carried over into the next fiscal year and added to the CE
time entitlement for that year without restriction, up to twice the annual
accrual. Employees who have more than twenty-four (24) hours unused
CE time at the end of fiscal year 95/96, may carry over the entire balance
into fiscal year 96/97.
An employee who attends a pre-approved course on a date for which
he/she is not regularly scheduled to work or who completes a pre-
approved home study course will be granted CE time off for the number of
hours equivalent to the CE units earned. Only Board of Registered Nurses
Accredited Courses will be approved. Such time off must be scheduled in
advance by mutual agreement between the employee and the supervisor.
58.8 - Health Services Unit.
LOCAL NO. 1 -132- 2013-2016
3.The base pay for the top step of the Public Health Nurse shall be 5%
above the base pay of the Registered Nurse-Advanced level. Upon the
ratification of this agreement, two (2) additional steps at 2.5% will be
added to the bottom of the Public Health Nurse salary range. Effective
October 1, 2006, the Public Health Nurse classifications will receive a
wage increase in an amount that will maintain the 5% salary difference
between the Public Health Nurse and the Registered Nurse-Advanced.
The 5% difference will be maintained for the duration of this MOU.
4.Public Health Nurses may take either a half-hour (1/2) or one-hour (1)
lunch break, provided the operational needs of the department are met.
5.The deep class resolution for Public Health Nurse shall remain in effect for
the duration of this MOU unless modified by mutual agreement.
6.If reassignments of less than eight (8) weeks duration are needed to cover
for vacation relief, sick leave, temporary shifts in workload, training
assignments or other short term needs, management shall solicit
volunteers. If there are insufficient volunteers, assignments will be based
on inverse seniority within the affected program.
7.Vacations.
a.Vacations for Public Health Nurses (PHN), Community Health
Workers I/II (CHW I/II) and Community Health Worker Specialists
(CHWS) shall be scheduled on an annual cycle, April 1st through
March 31st. Employees must submit their written vacation requests
by February 1st of each year. Administration in each program or
office will post a schedule of vacations by March 1st of each year.
b.At least one PHN and at least one CHW or CHWS from each office
or program will receive scheduled absences, including continuing
education and vacation, at any given time. With supervisor's
approval, additional time off requests may be granted, based on
staffing and caseload. The employee with the greater length of
service in the Public Health Nurse classification and Community
Health Worker Series will receive the requested vacation time. Less
senior employees will be given the opportunity to request a different
time before the annual schedule is posted and will be approved on
a first come basis. In the event of a tie on the date of submission,
seniority in the classification or series will serve as the tie breaker
Absences for sick leave, disability and regular days off will not be
counted as scheduled absences.
c. An approved vacation will not be unilaterally canceled.
58.8 - Health Services Unit.
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d. An employee voluntarily changing work position or assignment
between programs or regional offices after March 1st must resubmit
a vacation request for consideration on a first come basis.
e.Vacations which include major holidays, Thanksgiving, Christmas
and New Year's Day shall be rotated amongst staff rather than
determined by seniority.
B. Environmental Health
1.Environmental Health Inspectors. The County shall continue the
Professional Standards Committee comprised of Environmental Health
Inspectors selected by Local No. 1 and employed in the Health Services
Department who may, as a committee, develop and communicate
recommendations to the Director of the Environmental Health Division of
the Health Service Department. The Professional Standards Committee
may schedule only one (1) regular meeting each month during working
hours, and the County will release from duty a maximum of two (2)
Environmental Health Inspectors for a period not to exceed one (1) hour
for any Environmental Health Inspectors to attend such meeting. The
agenda and minutes of each meeting shall be forwarded to the Director of
the Environmental Health Division. It is understood that the Professional
Standards Committee is advisory only and the subjects it reviews shall be
restricted to those directly related to Environmental Health Inspector's
practices.
2.Hazardous Materials Specialists. Hazardous Materials Specialists will be
paid a differential of one hundred and sixty three ($163) per month while
participating on the Incident Response Team.
3 Certifications Differential: Employees in the classifications of Hazardous
Materials Specialist I (V4WG) and Hazardous Materials Specialist II
(V4VC) will be paid a monthly differential in the amount of five percent
(5%) of base monthly salary for the possession and maintenance of all
three (3) of the following certifications:
o State required certifications (current and future) to perform Unified
Program Inspections
o Hazardous Waste Operations and Emergency Response
Standards as defined in Section 5192 (e) of Title 8 of the California
Code of Regulations
o California Specialized Training Institute (CSTI) Hazardous Materials
Specialist certifications
Verification of eligibility will be by the Department Head or his/her
designee. Once eligibility is verified, the employee is eligible for this pay
on the date the employee submitted proof of eligibility to the Department
Head/designee. Each employee who qualifies for this differential is subject
58.8 - Health Services Unit.
LOCAL NO. 1 -134- 2013-2016
to annual calendar year verification of eligibility.
4.Program Coordinator Assignments and Differential: The Hazardous
Materials Program Director (Director) will designate, in writing, up to five
(5) Program Coordinators from the incumbents in the classifications of
Hazardous Materials Specialist I (V4WG) and Hazardous Materials
Specialist II (V4VC). Each designation is at the sole discretion of the
Director and each is subject to change at any time. Each designated
Program Coordinator will be paid a differential of two and one half percent
(2.5%) of base monthly salary. If a designated Program Coordinator is
absent from work on paid leave (vacation, sick leave, disability, or other
paid leave), the absent Program Coordinator will be paid the Program
Coordinator differential only for the first thirty (30) calendar days of that
paid leave. At the end of that 30 days, or earlier, if the designated
Program Coordinator runs out of leave accruals, the differential stops and
the Director may designate a new Program Coordinator.
The five (5) Program Coordinator assignments are as follows:
1.Lead Program Coordinator
2.Health and Safety Coordinator
3.Enforcement Coordinator
4.Training Coordinator
5.Site Mitigation Coordinator
It is the responsibility of the Director to provide the Auditor/Controller
with written notice of 1) the name of each designated Program
Coordinator and the effective date of his/her assignment, and 2) the
termination of any designation and the effective date of the
termination. The differential is effective on the day the employee
begins the assignment.
Program Lead Assignments and Differential: The Hazardous Materials
Program Director (Director) will designate, in writing, up to five (5)
Program Leaders from the incumbents in the classifications of Hazardous
Materials Specialist I (V4WG) and Hazardous Materials Specialist II
(V4VC). Each designation is at the sole discretion of the Director and each
is subject to change at any time. Each designated Program Leader will be
paid a differential of five percent (5%) of base monthly salary. If a
designated Program Leader is absent from work on paid leave (vacation,
sick leave, disability, or other paid leave), the absent Program Leader will
be paid the Program Leader differential only for the first thirty (30)
calendar days of that paid leave. At the end of that 30 days, or earlier, if
the designated Program Leader runs out of leave accruals, the differential
stops and the Director may designate a new Program Leader.
The five (5) Program Leader assignments are as follows:
1.Above Ground Storage Tanks
2.Underground Storage Tanks
3.Hazardous Waste Generators
58.8 - Health Services Unit.
LOCAL NO. 1 -135- 2013-2016
4.Incident Response Team
5.Hazardous Materials Business Plans and Storm Water
It is the responsibility of the Director to provide the Auditor/Controller
with written notice of 1) the name of each designated Program
Leader and the effective date of his/her assignment, and 2) the
termination of any designation and the effective date of the
termination. The differential is effective on the day the employee
begins the assignment.
On Call Duty and Pay: When an employee in the classifications of
Hazardous Materials Specialist I (V4WG) and Hazardous Materials
Specialist II (V4VC) is assigned to “on-call” duty by the Director or
his/her designee, the employee will be paid in accordance with section
9 of this MOU. When an employee is contacted by telephone during
his/her assigned “on-call” duty shift and the employee is able to handle
the situation(s) by telephone, the employee will receive no additional
pay so long as the cumulative total of those telephone conversations
does not exceed thirty (30) minutes per “on-call” shift. If the telephone
conversations exceed a cumulative total of thirty (30) minutes per shift,
the employee will be paid “telephone call back pay” at one and one -
half (1.5) times the regular rate of pay, in one-minute increments, up to
a maximum of sixty (60) minutes. If the telephone conversations
exceed a cumulative total of sixty (60) minutes per shift, the employee
will be paid in accordance with Section 8 Call Back Time of this MOU.”
Continuing Education Allowance: Employees in the classification of
Hazardous Materials Specialist I (V4WG) and Hazardous Materials
Specialist II (V4VC) are eligible to receive a Continuing Education
Allowance of two and one half percent (2.5%) of base monthly salary
for any fiscal year in which the employee completes at least sixty (60)
hours of pre-approved education or training, other than the training that
is required by law for Hazardous Materials Specialist or required by the
minimum qualifications for the classifications of Hazardous Materials
Specialist I and Hazardous Materials Specialist II set forth in the
respective job descriptions, or at least three (3) semester units of pre-
approved college credit, or a pre-approved combination thereof,
subject to the following conditions:
1.An application must be submitted to the Hazardous Materials
Division Director prior to beginning the education or training.
2.The education or training must be directly related to the
technical duties of the employee’s job.
3.The course must be approved, in advance, by the
Hazardous Materials Division Director or his/her designee.
58.8 - Health Services Unit.
LOCAL NO. 1 -136- 2013-2016
4.The employee must provide evidence of completion of the
course with a passing grade, when applicable.
C. Clinical Laboratory Scientist & Laboratory Technician. The Health Services
Department shall continue a staggered lunch period system for the Clinical
Laboratory Scientist I & II and Senior Clinical Laboratory Scientist classifications
in order to ensure uninterrupted lunch periods for these employees. A Clinical
Laboratory Scientist II who, at the County’s request, is placed in charge of clinical
laboratory assignments for an eight (8) hour shift, shall receive an additional five
dollars ($5.00) per shift.
Each full-time employee in the classes of Clinical Laboratory Scientist I & II and
Senior Clinical Laboratory Scientist will be granted sixteen (16) hours per year of
continuing education (CE) leave to complete courses required for license
renewal. For permanent part-time employees, CE leave will be prorated based
on their assigned hours. Employees may carry over CE leave from one year to
the next to a maximum of thirty-two (32) hours without restriction.
Each full-time employee in the class of Laboratory Technician whose position
requires a phlebotomy certificate will be granted three (3) hours per year of
continuing education (CE) leave to complete courses required for certification
renewal. For permanent part-time employees, CE leave will be prorated based
on their assigned hours. Employees may carry over CE leave from one year to
the next to a maximum of six (6) hours.
D. Physical, Occupational & Recreation Therapists.
1.The present Professional Standards Committee for this group of
employees will be continued for the duration of the MOU.
2.The present release time for staff development and flex time work
schedule for Therapist in the California Children's Services Program will
be continued for the duration of this MOU. If the County desires to change
either of the above it will offer to meet and confer with the Union before
doing so.
E. Substance Abuse Staff.
1.There shall be a Substance Abuse Counselor Professional Performance
Committee consisting of employees in the Substance Abuse Rehabilitation
job series. The purpose of the Committee is to meet to consider and
discuss patient care and professional practice. It may also formulate
advisory recommendations and proposals concerning such matters. The
Committee shall not discuss economic matters, such as wages, hours and
other economic conditions that may be subject to meet and confer. The
Professional Performance Committee may schedule one (1) regular
meeting each month during working hours, provided that such meeting
shall not conflict with normal work activities and shall be agreeable to the
Substance Abuse Program Director. The Department will release from
58.8 - Health Services Unit.
LOCAL NO. 1 -137- 2013-2016
duty no more than three (3) Substance Abuse Counselors for a period not
to exceed two (2) hours.
Substance Abuse Counselors released for these meetings shall promptly
report meeting and travel time to the Substance Abuse Program Director
or designee.
The Committee shall prepare written minutes of all Professional
Performance Committee meetings; copies of which shall be distributed to
the Committee members and the Substance Abuse Program Director.
2.Each full-time employee in the classification of Substance Abuse
Counselor and Lead Substance Abuse Counselor shall be granted twenty
(20) hours per year of Continuing Education (CE) leave to complete
courses required as a condition for certification renewal. Written requests
for such leave must be submitted in advance and may be approved by the
appropriate supervisor only in the event such leave does not interfere with
staffing. For permanent part-time employees, continuing education leave
will be prorated based on their assigned position hours.
Employees may carry over (CE) leave from one year to the next to a
maximum of forty (40) hours.
3.For employees in the classifications of Substance Abuse Counselor
(VHVC) and Substance Abuse Counselor Project (VHV3) who work at the
Discovery House, any holiday that falls on a Saturday will be observed on
a Saturday, and any holiday that falls on a Sunday will be observed on a
Sunday.
Employees in the classifications of Substance Abuse Counselor (VHVC)
and Substance Abuse Counselor Project (VHV3) will accrue four (4) hours
of personal holiday credit per month and will not observe Admission’s Day,
Columbus Day, and Lincoln’s Day.
This provision will be effective on November 1, 2012.
F. Mental Health Treatment Staff.
1.A Labor/Management Forum composed of two (2) Local No. 1 delegates
and the Mental Health Director will meet at least quarterly to address the
status and viability of the line staff/management working relationships.
Areas of ongoing focus will be communication and mutual cooperation.
Specific issues of clinical, professional and programmatic concern can be
addressed as necessary. An agenda of items to be discussed will be
submitted to the Mental Health Director at least two (2) weeks prior to the
scheduled meeting.
58.8 - Health Services Unit.
LOCAL NO. 1 -138- 2013-2016
2.The Health Services Department agrees to meet and confer with the
Union before contracting out any presently County operated Mental Health
Programs employing Mental Health Staff.
3.Mental Health Treatment employees shall receive a weekend shift bonus
of five dollars ($5.00) per shift for each weekend shift worked which: 1)
falls on weekends for which the employee is not scheduled to work in
his/her normal work schedule; 2) falls between the beginning of the night
shift on Friday and the end of the evening shift on Sunday; 3) is worked for
the full duration of the shift; and 4) is not the result of a trade. The
employee is to note such qualifying shifts on his/her time sheets in order
to receive this compensation.
4.Incumbents of the Mental Health Specialist II, Mental Health Clinical
Specialist, Mental Health Employment Placement Specialist, Mental
Health Community Support Worker II or Clinical Psychologist classes may
be designated as unit leaders. Unit leader assignments shall be at the sole
discretion of the Division Director. Duties of the unit leaders are described
in the class specifications. Unit leaders will receive a differential of five
percent (5%) of their base salary until such time as the unit leader
assignment terminates. Unit leaders will continue to receive the five
percent (5%) pay differential during the first thirty (30) calendar days of
each absence for paid vacation, paid sick leave period, paid disability or
other paid leave.
5.Approved Continuing Education Leave (C. E.) time entitlement to
complete accredited course work required for license renewal will be
eighteen (18) hours per fiscal year for full-time permanent employees in
the classifications of Mental Health Clinical Specialist (Licensed), Mental
Health Clinical Specialist (Licensed) – Project, Clinical Psychologist, and
Clinical Psychologist – Project. Permanent part-time employees in these
classifications will have their approved CE time entitlement prorated on
the basis of the number of hours they work in relation to the regular forty
(40) hour work week.
CE time may be carried over into the next fiscal year and added to the CE
time entitlement for that year without restriction, up to twice the annual
accrual.
Only courses accredited by the Board of Behavioral Science, the
Mandatory Continuing Education for Psychologists (MCEP) Accrediting
Agency, the American Psychological Association, or the California Medical
Association will be approved.
G. Pharmacy.
1.The County will grant forty (40) hours/year of continuing education leave
to licensed Pharmacists who are required by law to complete such course
work as a condition of renewing their license.
58.8 - Health Services Unit.
LOCAL NO. 1 -139- 2013-2016
2.Where only one licensed Pharmacist is on duty at the Main Hospital
Pharmacy on a given day, and the Pharmacy cannot be closed for one-
half (½) hour to permit that Pharmacist an unpaid lunch period, the
Pharmacist will be scheduled to work a straight eight (8) hour shift with a
paid lunch period.
H. Cardio-Pulmonary.
1.On-Call Duty and Call Back Time.
a.On Call Duty. Permanent full-time and part-time employees,
permanent-intermittent employees, per diem employees, and
temporary employees in the classifications of Cardiac
Ultrasonographers (V8VG) Cardiac Ultrasonographers – Per Diem
(V8VH), and Respiratory Care Practitioners I and II (VIWA, VIVA)
assigned to On-Call Duty will be paid one (1) hour of straight time
pay for each two (2) hours designated as On-Call Duty. If an
employee’s On-Call Duty hours are not in increments of two (2)
hours, then the On-Call Duty hours will be pro-rated. If an
employee is called back to work while assigned to On-Call Duty,
the employee will be paid for the total assigned On-Call Duty hours
regardless of when the employee returns to work. An employee is
considered assigned to On-Call Duty if all of the following criteria
are met:
i.The employee is not scheduled to work on County premises,
but is required to report to work immediately if called.
ii.The employee must provide his/her supervisor with current
contact information so that the supervisor can reach the
employee with ten (10) minutes or less notice.
iii.The Department Head designates and approves those
employees who will be assigned to On-Call Duty.
b.Call Back Time. Permanent full-time and part-time employees,
permanent-intermittent employees, per diem employees, and
temporary employees in the classifications of Cardiac
Ultrasonographer (V8VG), Cardiac Ultrasonographers-Per Diem
(V8VH), and Respiratory Care Practitioners I and II (VIWA, VIVA)
who are assigned to On-Call Duty will be paid Call Back Time as
set forth in Section 8 of this MOU.
2.Shift Differentials.
a.Permanent full-time and part-time employees in the classifications
of Respiratory Care Practitioner I and II (VIWA & VIVA) will receive
58.8 - Health Services Unit.
LOCAL NO. 1 -140- 2013-2016
a shift differential of ten percent (10%) of the employee’s base
hourly rate of pay for the employee’s entire scheduled shift when
the employee is scheduled to work for four (4) or more hours
between 11:00p.m. and 7:00a.m.
In order to receive the ten percent (10%) shift differential, the
employee must start work between the hours of 10:00p.m. and
midnight or midnight and 7:00a.m. on the day that the shift is
scheduled to begin. Hours worked in excess of the employee’s
scheduled workday will count towards qualifying for the shift
differential, but the employee will not be paid the shift differential on
any excess hours worked.
b.Permanent Intermittent and temporary employees in the
classifications of Respiratory Care Practitioners I and II (VIWA &
VIVA) may receive a shift differential of ten percent (10%) of the
employee’s base hourly rate of pay for a maximum of eight (8)
hours per work day and/or forty (40) hours per workweek when the
employee works four (4) or more hours between 11:00p.m. and
7:00a.m.
In order to receive the ten percent (10%) shift differential, the
employee must start work between the hours of 10:00p.m. and
midnight or midnight and 7:00a.m. on the day that the shift is
scheduled to begin. Hours worked in excess of eight (8) hours in a
workday will count towards qualifying for the shift differential, but
the employee will not be paid the shift differential on any excess
hours worked.
I. Radiologic & Ultrasound Technologists.
1.On-Call Duty and Call Back Time.
a.On-Call Duty. Permanent full-time and part-time employees in the
classifications of Junior Radiological Technician (V8WC),
Ultrasound Technologist I and II (V8VD, V8TB), and Sr.
Radiological Technician (V8VA) assigned to On-Call Duty will be
paid one (1) hour of straight time pay for each two (2) hours
designated as On-Call Duty. If an employee’s On-Call Duty hours
are not in increments of two (2) hours, then the On-Call Duty hours
will be pro-rated. If an employee is called back to work while
assigned to On-Call Duty, the employee will be paid for the total
assigned On-Call Duty hours regardless of when the employee
returns to work. An employee is considered assigned to On-Call
Duty if all of the following criteria are met:
i.A permanent full-time or part-time employee is not
scheduled to work on County premises, but is required to
report to work immediately if called.
58.8 - Health Services Unit.
LOCAL NO. 1 -141- 2013-2016
ii.The employee must provide his/her supervisor with current
contact information so that the supervisor can reach the
employee with ten (10) minutes or less notice.
iii.The Department Head designates and approves those
permanent full-time and part-time employees who will be
assigned to On-Call Duty.
b.Call Back Time. Permanent full-time and part-time employees in
the classifications of Junior Radiological Technician (V8WC),
Ultrasound Technologist I and II (V8VD, V8TB), and Sr.
Radiological Technician (V8VA) assigned to On-Call Duty are
eligible to receive Call Back Time Pay as set forth in Section 8 of
this MOU.
c. Permanent Intermittent and Temporary employees in the
classifications of Ultrasound Technologist I and II (V8VD, V8TB),
Junior Radiologic Technologist (V8WC), and Sr. Radiologic
Technologist (V8VA) will be paid Call Back Time Pay as set forth in
Section 8 and On-Call Duty Pay as set forth in Section 9 of this
MOU.
J. Dietitians. Full-time employees in a classification requiring possession of a
Registered Dietitian's Certification shall be granted twenty (20) hours per fiscal
year of continuing education (CE) time off to complete the course work required
for renewal. Permanent part-time employees will have their CE time entitlement
prorated on the basis of the number of hours of their position in relation to the
regular forty (40) hour work week. Employees may carry over the CE leave from
one year to the next for a maximum of forty (40) hours, without restriction.
K. Public Health Nutritionists. Full-time employees in a classification requiring
possession of a Registered Dietitian's Certification shall be granted twenty (20)
hours per fiscal year of continuing education (CE) time off to complete the course
work required for renewal. Permanent part-time employees will have their CE
time entitlement prorated on the basis of the number of hours of their position in
relation to the regular forty (40) hour work week.
Employees may carry over the CE leave from one year to the next for a
maximum of forty (40) hours, without restriction.
L. The following vacation accruals shall be effective October 1, 1981 for employees
in the Health Services Unit and other accruals listed in Section 13.3 – Vacation
Accrual Rates shall not apply:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
58.9 Investigative Unit.
LOCAL NO. 1 -142- 2013-2016
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
M. Holiday Meal. Employees in this unit who are employed at the CCCRMC and are
required to work on Thanksgiving, Christmas or New Year's Day will be provided
a free meal in the Hospital Cafeteria between the hours of 6:30 a.m. and 6:30
p.m. This provision only applies to employees working on the day the holiday
actually falls.
N. Advance Step Appointments. The County may hire new employees into classes
in this bargaining unit at any step of the salary range for the particular class.
Consideration shall be given to the qualifications of the appointee relative to
current incumbents and shall advise the Union of any appointments made at a
salary level higher than an incumbent with equal qualifications.
O. Unpaid Lunch Schedule. If the Health Services Department determines that
scheduled work days which include a paid lunch period (typically eight (8) hour
days) are inconsistent with operational needs they may be rescheduled to
include an unpaid lunch period with thirty (30) days notice.
58.9 Investigative Unit.
A. The Side Letters of Agreement between the Data Processing Division of the
County Administrator's Office and Local No. 1 relative to shift/vacation bidding
and the overtime sign up system shall be continued for the duration of the MOU,
provided, however, that should management desire to change same, they will
meet and confer before implementing a change.
B. The deep class resolution for Collection Services Officer shall remain in effect for
the duration of this MOU unless modified by mutual agreement.
C. The following vacation accruals shall be effective for employees in the
Investigative Unit and other accruals listed in Section 13.3 – Vacation Accrual
Rates shall not apply.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
58.10 Library Unit.
58.9 Investigative Unit.
LOCAL NO. 1 -143- 2013-2016
A. Section 12 of this MOU regarding holidays is modified for all employees in the
classifications of this unit to delete the day after Thanksgiving as a holiday and to
add the Day before Christmas as a holiday. The libraries will close at 6:00 p.m.
on the day before Thanksgiving.
B. The Libraries will close at 5:00 p.m. on New Year's Eve. Employees shall
rearrange their work schedules so that they work a full eight (8) hour shift.
C. It is the position of the Library Department that employees in classes represented
in the Library Unit are on their own time during their lunch period and are not
subject to be called back to work during their lunch period.
D. The Library agrees to continue to explore maximizing two days off in a row for
library personnel covered by this MOU.
E. Evening Shift Differential. Permanent full-time, part-time, permanent intermittent,
and temporary employees in the Library Unit will receive a shift differential of a
five percent (5%) of the employee’s base hourly rate of pay for those hours
worked between 6:00 p.m. and 9:00 p.m.
F. Weekend Shift Differentials.
1.Permanent full-time, part-time, permanent intermittent, and temporary
employees in the Library Unit will receive a shift differential of five percent
(5%) of the employee’s base hourly rate of pay for all hours worked on a
Saturday. Said five percent (5%) differential shall not apply to any
overtime hours worked on Saturday.
2.Permanent full-time, part-time, permanent intermittent, and temporary
employees in the Library Unit will receive a shift differential of seven and
one-half percent (7.5%) of the employee’s base hourly rate of pay for all
hours worked on a Sunday.
G. In the event that Sunday is to become part of the scheduled work week for
Library Unit employees, the County agrees to meet and confer with the Uni on
regarding those employees who will be assigned to work Sunday as part of their
regularly scheduled work week.
H. The County Library Reassignment Policy shall be as follows:
Definition. A reassignment is the voluntary or involuntary transfer or movement
of an employee from one work site to another in the same classification.
Reassignment Criteria. Reassignments are made to facilitate the Library
System's service function and efficiency. Library Administration shall make
reassignments based on the needs of the branch/system in relation to public
service and will consider the following employee factors as they relate to these
needs: the employee's job performance and development, the employee's
58.9 Investigative Unit.
LOCAL NO. 1 -144- 2013-2016
subject/age specialization, the employee's seniority in the classification within the
department, the distance between the work site and the employee's residence,
and the assignment preferences of the employee as obtained by the procedures
outlined below.
When circumstances other than seniority appear to Administration to equally or
nearly equally meet the system service needs, then seniority shall govern.
In accordance with the above criteria, the Administration shall consider all
internal requests for reassignment before making an appointment from any
eligibility list and in no event shall reassignments be utilized for disciplinary
purposes or be arbitrary. The Library shall notify Local #1 in writing when the
employee selected is not the most senior employee and the reasons for such
selection along with a list of those employees not selected.
In the event a grievance is filed regarding such request, the grievance shall be
considered timely filed provided it is submitted within thirty (30) calendar days
from the date of the Library’s notification.
Procedures for Reassignment. Any employee may submit a request for
reassignment to Administration at any time. Such requests will be kept on file for
the current fiscal year.
Announcement of vacancies from resignations or promotions shall be distributed
to all geographic work sites for a posting period of five work days. The
announcement shall include: (1) Classification and total hours of position; (2)
Work site; (3) Age-level assignments. During the posting period, the vacancy
shall not be filled.
Before any decisions necessitating involuntary reassignments are made,
Administration will solicit information from employees involved regarding their
career development, goals, assignment preferences and their view of branch
needs. This information will generally be obtained through employee conferences
with Deputy County Librarian or Assistant County Librarian.
Whenever feasible, an employee who is reassigned will be given two (2) weeks
notice.
Any employee who has been reassigned or any employee who has requested a
vacancy and is not reassigned to that position, may request to meet with
Administration to discuss the reasons for the decision, or may request the
reasons be provided in writing.
I. Detention Facility Assignment Pay. The Detention Facility Assignment Pay is
calculated at five percent (5%) of the employee’s base rate of pay. Permanent
full-time and part-time employees, and permanent intermittent employees in the
Local One Library Unit who are assigned to the Library Inmate Unit (Org. 2490)
will be paid the detention facility assignment pay if the employee’s position is
assigned to work in one of the following facilities:
58.9 Investigative Unit.
LOCAL NO. 1 -145- 2013-2016
Org.# Facility Name
2580 West County Detention
2578 Martinez Detention
2585 Marsh Creek Detention
Employees eligible for this Detention Facility Assignment Pay are not eligible to
receive Hazard Pay under Section 48 of this M.O.U.
J. The Library Practice Advisory Committee shall continue for the duration of this
MOU.
K. The County Library agrees to continue the present vacation scheduling policy.
Vacations in the Library Department are scheduled by location. Preference of
vacation shall be given to employees at that location according to County
service, as reasonably as possible. Vacation requests will be submitted by
employees for the twelve (12) month period, March 1 to February 28. Preference
in choices of dates will be given on the basis of greatest County service of
employees submitting vacation requests by February 15, irrespective of
employee organization affiliation.
The process shall consist of the employee in the branch (or other work unit
assigned), with most County service making his/her first choice of one
continuous block of time, and continuing to the next most senior employee, until
each employee, on this first round, shall have been assigned his/her first choice
(second or third if more senior employee(s) also requested the dates). This
procedure shall be repeated for the second block of time, with the next most
senior employee who requested at least two blocks of time, having first choice,
from the remaining vacant time slots, and so on, for as many rounds of
assignment as there were blocks of vacation time requested. Completed vacation
schedule will then be posted in the branch or other work unit. Those employees
unable to specify a choice of dates will turn in a vacation request form with no
choices indicated. Subsequent requests can then be made, in writing, at least
two weeks before the requested vacation time. These requests will be granted on
a "first come, first served" basis.
Employees may cancel or reschedule their granted vacation dates. These
cancellations and requests for rescheduling should be made, in writing, at least
two weeks before the canceled or rescheduled vacation time. The rescheduling
will be granted or denied according to same "first come, first served" basis
mentioned above.
All cancellations of previously approved vacation dates will be posted on
Vacation Schedule, and be available to other employees on the basis of seniority
rather than "first come, first served." Upon reassignment, employees take their
approved vacation dates with them to their new location.
The following vacation accruals shall be effective October 1, 1981 for employees
58.9 Investigative Unit.
LOCAL NO. 1 -146- 2013-2016
in the Library Unit and other accruals listed in Section 13.3 – Vacation Accrual
Rates shall not apply.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
L. The Library Department shall make every effort consistent with efficient
operations to provide that no employee shall be scheduled to work more than two
(2) after 6:00 p.m. shifts in a calendar week, unless that employee specifically
requests that shift for a specified period of time.
No employee shall work more than half the Saturday shifts within a mutually
agreed upon period of time (two (2) or eight (8) week cycles), unless that
employee specifically requests that shift for a specified period of time.
Thirty-two (32) and twenty (20) hour employees will maintain a four (4) day work
week unless employees specifically agree to a variant days-off schedule. Choice
of shift assignments at a work site shall be determined by County seniority in
class.
However, employees who mutually agree to trade shift assignments at a given
work site may do so, on a temporary or permanent basis, depending on their
mutual agreement.
M. Thirty-two (32) hour employees who voluntarily reduced their hours to reduce the
impact of layoff shall be treated as forty (40) hour employee's for purposes of a
future layoff pursuant to Section 11.4 of this MOU.
N. Permanent full-time, permanent part-time staff, and permanent-intermittent staff
represented by the Library Unit of Local One shall be eligible for reimbursement
of up to fifty dollars ($50.00) per fiscal year for membership in either the
American Library Association or the California Library Association.
Reimbursement will occur through the regular demand process with demands
being accompanied by proof of payment (copy of invoice or canceled check).
O. When there are promotional or open and promotional exams for positions within
the Library, the Library will provide training for staff members who meet the
qualifications for the position in order to assist staff to prepare for the exam.
P. The County shall continue to provide to the Union a copy of any layoff or recall
list(s) for all affected employees in the unit. Furthermore, it is agreed that the
County shall continue to recall for all assignments, whether permanent, short-
58.9 Investigative Unit.
LOCAL NO. 1 -147- 2013-2016
term or provisional, employees who have been reduced in time, demoted or
reassigned to Permanent-Intermittent in strict seniority order.
In addition, the County will keep a written record of all offers of employment and
assignments to affected employees and to make such information available to
the Union upon request. Qualified eligible permanent employees will be
considered for acting or provisional appointments before filling vacancies with
temporary employees.
Q. The County and Union will establish a joint labor-management task force to
discuss workload related issues. The task force shall consist of up to three
members selected by the Union and up to three members selected by
management.
The parties will convene the Joint Labor Management Task Force provided for in
Section 58.10(Q) of the MOU no later than July 1, 2014.
R. The Library will request that vacant, funded permanent positions be filled
following the adoption of the annual budget.
S. The County agrees that all provisions of the July 1, 1993 side letter regarding the
San Ramon Library will remain in effect for the term of this MOU.
T. Employees in the classification of Library Assistant who are regularly assigned
“in Charge” at the Outlets shall be classified Library Assistant -Advanced Level.
U. The following applies to all Permanent-Intermittent employees.
Permanent-Intermittent employees will be notified before being employed that
they must agree to be available to work at least 240 hours per year, and must be
available to work no less than seven (7) Sundays per year.
The annual tracking of hours and Sundays shall be on a calendar year basis. If a
Permanent Intermittent employee is hired after January 1, the requirements for
available Sundays, and hours worked, will be prorated as of the hire date, unless
the period remaining in the year is less than one month, in which case the period
for administering the P.I. tracking hours agreement shall begin the first of the
upcoming year.
Permanent Intermittent employees shall be entitled to designate specific
geographic availability at no fewer than six sites.
All substitute job hours shall be listed in Subfinder, an automated online program
for reviewing, accepting, and canceling shifts. All Permanent Intermittent
employees must be registered in Subfinder.
The P.I. employee shall be entitled to designate specific days not to exceed 45
days when he/she is not available for assignments. Not withstanding the above,
58.9 Investigative Unit.
LOCAL NO. 1 -148- 2013-2016
P.I. employees are entitled to Leave provisions of the MOU.
On a quarterly basis, the Library Department shall provide a report to Local One
which shows Permanent Intermittent total hours worked, and the number of
Sundays worked.
An employee may request a waiver of hours and weekend criteria by submitting
a request for an exemption in writing to the Administrative Services Officer:
Human Resources for the Library Department who shall give full and fair
consideration to the request. A written decision shall be forwarded to the
employee within 30 days. If the request is denied, the employee may appeal to
the County Librarian. If denied at that level the employee may appeal to the
Director of Human Resources, whose decision shall be final.
The Library Department will make training available to all new and current
Permanent Intermittent employees. Staff will be paid for training time and such
hours shall count as hours worked.
The parties shall commence meeting and conferring regarding the Sub-
finder no later than July 1, 2014.
V. STAGGERED SHIFTS
The Library will establish work schedules that end at least 10 minutes after the
library closes at each community library location except at the library outlets,
Juvenile Hall and the Orin Allen Youth Rehabilitation Facility.
Date:
Contra Costa County: PEU, Local One:
(Signature / Printed Name) (Signature / Printed Name)
/ /
/ /
/ /
/ /
/ /
/ /
/ /
58.9 Investigative Unit.
LOCAL NO. 1 -149- 2013-2016
/ /
PUBLIC EMPLOYEES UNION, LOCAL ONE
ATTACHMENTS
A. CLASS & SALARY LISTING BY UNIT
B. MEDICAL/DENTAL/LIFE INSURANCE
C. PROJECT EMPLOYEES
D. PI SPECIAL PAYS AND BENEFITS
E. TEMPORARY EMPLOYEES SPECIAL PAYS
F. CLASS B PHYSICAL EXAMINATIONS/PUBLIC WORKS
G. EXPANDED USE OF VOLUNTEERS/LIBRARY
H. PUBLIC SERVICE OFFICERS/RANGERS
I. CARDIAC ULTRASONOGRAPHER-PER DIEM AND PHARMACIST-PER DIEM
J. PHYSICAL THERAPIST-PER DIEM & OCCUPATIONAL THERAPIST-PER DIEM
K. GENERAL SERVICES HEALTH & SAFETY ISSUES
L. CENTRAL LIBRARY VACATION POLICY
M. PER DIEM SPECIAL PAYS
N. TEMPORARY EMPLOYEES AGREEMENT
O. LIBRARY ASSEMBLING MEMORANDUM OF UNDERSTANDING
P. ATTENDANT-LVN-AIDE CAREER ADVANCEMENT PROGRAM
Q. VEGETATION MANAGEMENT TECHNICIANS
R. GUARDIAN SECURITY CONTRACT
S. ISW REASSIGNMENTS/BIDS
T. CONTRACTING FOR SERVICE FROM REHABILITATION PROGRAMS
U. HEALTHCARE COALTION NOTICE OF CHANGES
V. BUILDING TRADES-ROTATION INTO HOSPITALS
W. THERAPY SERVICES – OT/PT IN HOSPITAL
X. STATIONARY ENGINEER – 24 HOUR COVERAGE
Y. RETURN TO WORK POLICY
Z. MENTAL HEALTH SIDE LETTER
CONTRA COSTA COUNTY: PEU, Local One:
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
ATTACHMENT B
Local One
MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
Co-Pays
The health plan co-pays are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B: $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network
$3 Preferred Generic RX
$3 Preferred Brand RX
$3 Non-Preferred Brand RX
KAISER: $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$20 Non-Preferred Brand RX
$10 Emergency Room
HEALTH NET HMO $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$25 Emergency Room
HEALTH NET PPO: $10 Office Visit in network
$5 Preferred Generic RX
$5 Preferred Brand RX
$5 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible
ATTACHMENT C
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
1 of 10
Special Pays for Permanent-Intermittent Employees
All Units
Type of Pay (Pay Code) MOU Section
Jury Duty-Scheduled Work Day (JRY) Sec. 18.H
Military Leave (MLX) Sec. 17.4
County Overtime (OPT) Sec. 7.1
FLSA Overtime (OTF) None
Longevity (L05) Sec. 5
Sick Leave Hours Taken (SCK, SCK-2BS, SCK-2FS,
SCK-2RS, SCK-CAT, SCK-FML)
Sec. 45
Vacation Hours Taken (VAC, VAC-1, VAC-FML) Sec. 45
Shift Differential Pay at 5% (SH2) Sec. 10
Negotiations Time Off (T03) Sec. 4
Unit Specific
1. Agriculture- Animal Services Unit (Section 58.1)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Title(s)
Applicable Assigned
Org (Org#)
Search Warrants
(D58)
58.1.N 1. Animal Services
Officer(BJWD)
2. Animal Services
Sergeants (BJTD)
Canine Care (E09) Side
Letter
2. Attendant-LVN-Aide Unit (Section 58.2)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Title(s)
Applicable Assigned
Org (Org#)
LVN Weekend Shift
Bonus (B25)
58.2.G
Charge Pay (D47) 58.2.M 1. Licensed
Vocational Nurse-PI
(VT7G)
2. Psychiatric
Technician-PI
(VQWB)
Hospital & Clinics (0540)
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
2 of 10
Stat Call- Code
Gray 10%
Differential if No
Hazard Pay(D91)
58.2.D Hospital & Clinics (0540)
Stat Call- Code
Gray 5%
Differential in
addition to Hazard
Pay (D92)
58.2.D 1. Emergency (6383)
2. Psychiatric Emergency
(6381)
3. Psychiatric Unit (6313)
5p.m.-9p.m. Shift
Pay 7.5% (SH3)
58.2.C.2 Hospital Nursing Service,
incl. Sterile Processing
11p.m.-8a.m. Shift
Pay 10% (SH4)
58.2.C.2 Hospital Nursing Service,
incl. Sterile Processing
Double Shift
Premium (SHC)
58.2.K
Detention Facility
Assignment Pay
(HZ3)
58.2.F 1. West County Detention
(2580)
2. Martinez Detention
(2578)
3. Marsh Creek Detention
(2585)
4. Juvenile Hall (3120)
5. Byron Boys Center
(3160)
6. Martinez Detention
Infirmary (5700)
7. West County Detention
Infirmary (5701)
8. Juvenile Hall Nursing
(5702)
9. Detention Mental
Health Martinez (5710)
10. Detention Mental
Health West Co. (5711)
Hazard Pay (HZ2) 48 1. Conservatorship
(0451)
2. Inmate Library
Services (2490)
3. Detention
Transportation (2575)
4. County Parole
Program (2577)
5. Martinez Detention
(2578)
6. West County Detention
(2580)
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
3 of 10
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental
Health Martinez (5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit
(6313)
17. Psychiatric
Emergency (6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient
Registration (6570)
3. Building Trades Unit (Section 58.3)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Title(s)
Applicable Assigned
Org (Org#)
Detention Facility
Assignment Pay
(HZ3)
58.3.C
1. West County
Detention (2580)
2. Martinez Detention
(2578)
3. Marsh Creek
Detention (2585)
4. Juvenile Hall (3120)
5. Byron Boys Center
(3160)
6. Martinez Detention
Infirmary (5700)
7. West County
Detention Infirmary
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
4 of 10
(5701)
8. Juvenile Hall Nursing
(5702)
9. Detention Mental
Health Martinez (5710)
10. Detention Mental
Health West Co. (5711)
Hazard Pay (HZ2) 48 1. Conservatorship
(0451)
2. Inmate Library
Services (2490)
3. Detention
Transportation (2575)
4. County Parole
Program (2577)
5. Martinez Detention
(2578)
6. West County
Detention (2580)
7. Marsh Creek
Detention (2585)
8. AB109 Program
(2588)
9. Martinez Detention
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall
Nursing (5702)
12. Detention Mental
Health Martinez (5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit
(6313)
17. Psychiatric
Emergency (6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
5 of 10
Registration (6570)
4. General Services and Maintenance Unit (Section 58.7)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Title(s)
Assigned Org (Org#)
Relief Cook (B73) Sec.
58.7.I.8
1. Institutional Services
Worker-Generalist
(1KVD)
2. Institutional
Services Worker-
Specialist (1KVE)
CCRMC (6502)
Relief Pay(B97) Deep
Class
Res.
88/61512
Institutional Services
Worker-Generalist
(1KVD)
Stat Call- Code
Gray 5%
Differential in
addition to Hazard
Pay (D92)
58.2.D. 1. Emergency (6383)
2. Psychiatric
Emergency (6381)
3. Psychiatric Unit (6313)
Custodian Work
Training Juvenile
Program (E31)
58.7.D.3. Custodian I (GK7A)
Tower Climbing
(E70)
58.7.E. Communications
Equipment Specialist
(PEWF)
Materials Technician
(91VC)
Telecommunication
Specialist I (PEWL)
Telecommunications
Specialist II (PEVA)
Radio Communications
Unit (4285)
Detention Facility
Assignment Pay
(HZ3)
58.7.D.5. Classes:
Cook (1KWA)
Lead Cook (1KTA)
Stationary Engineer
(GWVC)
Detention Services
Aide (64WG)
Detention Services
Worker (64VD)
1. West County
Detention (2580)
2. Martinez Detention
(2578)
3. Marsh Creek
Detention (2585)
4. Juvenile Hall (3120)
5. Byron Boys Center
(3160)
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
6 of 10
Lead Detention
Services Worker
(64TB)
Custodian I & II (GK7A
& GKWB)
Institutional Services
Aide (1KWC)
Institutional Services
Worker-generalist
(1KVD) Institutional
Services Worker-Lead
(1KVF)
6. Martinez Detention
Infirmary (5700)
7. West County
Detention Infirmary
(5701)
8. Juvenile Hall Nursing
(5702)
9. Detention Mental
Health Martinez (5710)
10. Detention Mental
Health West Co. (5711)
Hazard Pay (HZ2) 48 1. Conservatorship
(0451)
2. Inmate Library
Services (2490)
3. Detention
Transportation (2575)
4. County Parole
Program (2577)
5. Martinez Detention
(2578)
6. West County
Detention (2580)
7. Marsh Creek
Detention (2585)
8. AB109 Program
(2588)
9. Martinez Detention
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental
Health Martinez (5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit
(6313)
17. Psychiatric
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
7 of 10
Emergency (6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient
Registration (6570)
5. Health Services Unit (Section 58.8)
Type of Pay
(Pay Code)
MOU
Section
Applicable Job Title(s) Assigned Org (Org#)
MH Weekend
Shift Bonus
(B15)
58.8.F.3. 1. MH Activities Specialist
(V2WC)
2. MH Clinical Specialist
(VQSB)
3. MH Clinical Specialist-
Project (VQS2)
4. MH Clinical Specialist-
Unlic.-Project (VQ81)
5. MH Community Support
Worker I, II (VQWE, VQVB)
6. MH Community Support
Worker I-Project (VQW7)
7. MH Employment
Placement Specialist
(VQSG)
8. MH Specialist I, II (VQWD,
VQVA)
9. MH Specialist I,II-Project
(VQV1, VQW4)
10. MH Vocational
Counselor I, II (VQWF,
VQVC)
11. MH Vocational
Counselor I,II-Project
(VQW6, VQV2)
Clinical Lab
Charge Pay
(D43)
58.8.D. Clinical Lab Scientist II
(VHVD)
Special
Procedure Pay-
Angiogram (D51)
58.8.I.3. 1. Sr. Radiologic
Technologist (V8VA)
2. Jr. Radiologic
Technologist (V8WC)
3. Ultrasound Technologist I,
II (V8VD, V8TB)
Special 58.8.I.2. 1. Sr. Radiologic
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
8 of 10
Procedure Pay-
Mammogram &
CT Scan (D52)
Technologist (V8VA)
2. Jr. Radiologic
Technologist (V8WC)
MH Assigned
Lead (E18)
58.8.F.4. 1. MH Specialist II (VQVA)
2. Sr. Mental Health
Counselor (VQTA)
3. Clinical Psychologist
(VQTB)
4. MH Clinical Specialist
(VQSB)
Cardio
Pulmonary On
Call (N17)
58.8.H.3
.
1. Respiratory Care
Practitioner I, II (VIWA,
VIVA)
2. Cardiac Ultrasonographer
(V8VG)
On Call (N15) 9, 58.8.I. 1. Ultrasound Technologist I,
II (V8VD,V8TB)
2. Radiologic Technologist.
Sr. & Jr. (V8VA, V8WC)
Call Back (N35) 8, 58.8 1. Respiratory Care
Practitioner I, II (VIWA,
VIVA)
2. Cardiac Ultrasonographer
(V8VG)
3. Ultrasound Technologist I,
II (V8VD,V8TB)
4. Radiologic Technologist.
Sr. & Jr. (V8VA, V8WC)
Shift Differential
Pay at 10%
(SNS)
58.8.H.4
.
Respiratory Care Practitioner
I, II (VIWA, VIVA)
HS Unit
Education Leave
Hours (T06)
58.8
(various)
Hazard Pay
(HZ2)
48 1. Conservatorship
(0451)
2. Inmate Library
Services (2490)
3. Detention
Transportation (2575)
4. County Parole
Program (2577)
5. Martinez Detention
(2578)
6. West County
Detention (2580)
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
9 of 10
7. Marsh Creek
Detention (2585)
8. AB109 Program
(2588)
9. Martinez Detention
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall
Nursing (5702)
12. Detention Mental
Health Martinez (5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental
Health (5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit
(6313)
17. Psychiatric
Emergency (6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient
Registration (6570)
6. Library Unit (Section 58.10)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Title(s)
Assigned Org (Org#)
Sunday Shift
Differential 7.5% (SH3)
58.10.F.2.
Saturday Shift
Differential 5% (SH2)
58.10.F.1.
Evening Shift
Differential 5% (SH2)
58.10.E
Detention Facility
Assignment Pay (HZ3)
58.10.I. Library Inmate Org
(#2490) in the
following facilities:
Martinez Detention
(2578); West County
Detention (2580);
ATTACHMENT D
LOCAL ONE
Section 45 – PI Employee Special Pays & Benefits
10 of 10
Marsh Creek
Detention (2585)
Hazard Pay (HZ2) 48 1. Conservatorship
(0451)
2. Inmate Library
Services (2490)
3. Detention
Transportation (2575)
4. County Parole
Program (2577)
5. Martinez Detention
(2578)
6. West County
Detention (2580)
7. Marsh Creek
Detention (2585)
8. AB109 Program
(2588)
9. Martinez Detention
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall
Nursing (5702)
12. Detention Mental
Health Martinez
(5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental
Health (5951)
15. West County
Adult Mental Health
(5974)
16. Psychiatric Unit
(6313)
17. Psychiatric
Emergency (6381)
18. Emergency (6383)
19. Hospital
Admission Martinez
(6553)
20. Outpatient
Registration (6570)
ATTACHMENT E
LOCAL ONE
Section 53 – Temporary Employees - Special Pays
1 of 5
Special Pays for Temporary Employees
All Units
Type of Pay (Pay Code) MOU Section
County Overtime (OPT) Sec. 7.1
FLSA Overtime (OTF) None
Paid Time Off (PTO, PTO-FML)) Attachment E
Shift Differential Pay at 5% (SH2) Sec. 10
Unit Specific
1. Attendant-LVN-Aide Unit (Section 58.2)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Applicable Assigned Org
(Org#)
5p.m.-9p.m. Shift Pay
7.5% (SH3)
58.2.C.2. Hospital Nursing Service, incl.
Sterile Processing
11p.m.-8a.m. Shift
Pay 10% (SH4)
58.2.C.2. Hospital Nursing Service, incl.
Sterile Processing
Double Shift Premium
(SHC)
58.2.K.
Hazard Pay (HZ2) 48 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention Transportation
(2575)
4. County Parole Program
(2577)
5. Martinez Detention (2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County Detention
Infirmary (5701)
11. Juvenile Hall Nursing (5702)
12. Detention Mental Health
Martinez (5710)
13. Detention Mental Health
West County (5711)
14. Youth Mental Health (5951)
15. West County Adult Mental
ATTACHMENT E
LOCAL ONE
Section 53 – Temporary Employees - Special Pays
2 of 5
Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient Registration
(6570)
2. Building Trades Unit (Section 58.3)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Applicable Assigned Org
(Org#)
Call Back (N35) 8 Steamfitter (GFVA)
Hazard Pay (HZ2) 48 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention Transportation
(2575)
4. County Parole Program
(2577)
5. Martinez Detention (2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County Detention
Infirmary (5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental Health
Martinez (5710)
13. Detention Mental Health
West County (5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
ATTACHMENT E
LOCAL ONE
Section 53 – Temporary Employees - Special Pays
3 of 5
19. Hospital Admission
Martinez (6553)
20. Outpatient Registration
(6570)
3. General Services and Maintenance Unit (Section 58.7)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Assigned Org (Org#)
Hazard Pay (HZ2) 48 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention Transportation
(2575)
4. County Parole Program
(2577)
5. Martinez Detention (2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County Detention
Infirmary (5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental Health
Martinez (5710)
13. Detention Mental Health
West County (5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient Registration
(6570)
ATTACHMENT E
LOCAL ONE
Section 53 – Temporary Employees - Special Pays
4 of 5
4. Health Services Unit (Section 58.8)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Assigned Org (Org#)
Shift Differential
Pay at 10% (SNS)
58.8.H.4
.
Respiratory Care Practitioner I, II
(VIWA, VIVA)
Cardio Pulmonary
On Call (N17)
58.8.H.3
.
1. Respiratory Care Practitioner I, II
(VIWA, VIVA)
2. Cardiac Ultrasonographer (V8VG)
On Call (N15) 9, 58.8.I. 1. Ultrasound Technologist I, II
(V8VD,V8TB)
2. Radiologic Technologist. Sr. & Jr.
(V8VA, V8WC)
Call Back (N35) 8, 58.8 1. Respiratory Care Practitioner I, II
(VIWA, VIVA)
2. Cardiac Ultrasonographer (V8VG)
3. Ultrasound Technologist I, II
(V8VD,V8TB)
4. Radiologic Technologist. Sr. & Jr.
(V8VA, V8WC)
5. Library Unit (Section 58.10)
Type of Pay (Pay Code) MOU
Section
Applicable Job
Title(s)
Assigned Org (Org#)
Sunday Shift Differential
7.5% (SH3)
58.10.F.2.
Saturday Shift Differential
5% (SH2)
58.10.F.1.
Evening Shift Differential 5%
(SH2)
58.10.E
Hazard Pay (HZ2) 48 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention
Transportation (2575)
4. County Parole Program
(2577)
5. Martinez Detention
(2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
ATTACHMENT E
LOCAL ONE
Section 53 – Temporary Employees - Special Pays
5 of 5
Infirmary (5700)
10. West County
Detention Infirmary
(5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental
Health Martinez (5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient
Registration (6570)
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
ATTACHMENT I
ATTACHMENT J
ATTACHMENT K
ATTACHMENT L
ATTACHMENT M
LOCAL ONE
Per Diem Special Pays
1 of 5
Local 1- Attachment M
Special Pays for Per Diem Employees
All Units
Type of Pay (Pay Code) MOU Section
County Overtime (OPT) Sec. 7.1
FLSA Overtime (OTF) None
Shift Differential Pay at 5% (SH2) Sec. 10
Unit Specific
1. Attendant-LVN-Aide Unit (Section 58.2)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Applicable Assigned Org
(Org#)
5p.m.-9p.m. Shift Pay
7.5% (SH3)
58.2.C.2. Hospital Nursing Service, incl.
Sterile Processing
11p.m.-8a.m. Shift
Pay 10% (SH4)
58.2.C.2. Hospital Nursing Service, incl.
Sterile Processing
Double Shift Premium
(SHC)
58.2.K.
Hazard Pay (HZ2) 48 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention Transportation
(2575)
4. County Parole Program
(2577)
5. Martinez Detention (2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County Detention
Infirmary (5701)
11. Juvenile Hall Nursing (5702)
12. Detention Mental Health
Martinez (5710)
13. Detention Mental Health
West County (5711)
14. Youth Mental Health (5951)
15. West County Adult Mental
ATTACHMENT M
LOCAL ONE
Per Diem Special Pays
2 of 5
Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient Registration
(6570)
2. Building Trades Unit (Section 58.3)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Applicable Assigned Org
(Org#)
Call Back (N35) 8 Steamfitter (GFVA)
Hazard Pay (HZ2) 48 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention Transportation
(2575)
4. County Parole Program
(2577)
5. Martinez Detention (2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County Detention
Infirmary (5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental Health
Martinez (5710)
13. Detention Mental Health
West County (5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
ATTACHMENT M
LOCAL ONE
Per Diem Special Pays
3 of 5
19. Hospital Admission
Martinez (6553)
20. Outpatient Registration
(6570)
3. General Services and Maintenance Unit (Section 58.7)
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Assigned Org (Org#)
Hazard Pay (HZ2) 48 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention Transportation
(2575)
4. County Parole Program
(2577)
5. Martinez Detention (2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County Detention
Infirmary (5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental Health
Martinez (5710)
13. Detention Mental Health
West County (5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient Registration
(6570)
4. Health Services Unit (Section 58.8)
ATTACHMENT M
LOCAL ONE
Per Diem Special Pays
4 of 5
Type of Pay (Pay
Code)
MOU
Section
Applicable Job Title(s) Assigned Org (Org#)
Shift Differential
Pay at 10% (SNS)
58.8.H.4
.
Respiratory Care Practitioner I, II
(VIWA, VIVA)
Cardio Pulmonary
On Call (N17)
58.8.H.3
.
1. Respiratory Care Practitioner I, II
(VIWA, VIVA)
2. Cardiac Ultrasonographer (V8VG)
On Call (N15) 9, 58.8.I. 1. Ultrasound Technologist I, II
(V8VD,V8TB)
2. Radiologic Technologist. Sr. & Jr.
(V8VA, V8WC)
Call Back (N35) 8, 58.8 1. Respiratory Care Practitioner I, II
(VIWA, VIVA)
2. Cardiac Ultrasonographer (V8VG)
3. Ultrasound Technologist I, II
(V8VD,V8TB)
4. Radiologic Technologist. Sr. & Jr.
(V8VA, V8WC)
5. Library Unit (Section 58.10)
Type of Pay (Pay Code) MOU
Section
Applicable Job
Title(s)
Assigned Org (Org#)
Sunday Shift Differential
7.5% (SH3)
58.10.F.2.
Saturday Shift Differential
5% (SH2)
58.10.F.1.
Evening Shift Differential 5%
(SH2)
58.10.E
Hazard Pay (HZ2) 48 1. Conservatorship (0451)
2. Inmate Library Services
(2490)
3. Detention
Transportation (2575)
4. County Parole Program
(2577)
5. Martinez Detention
(2578)
6. West County Detention
(2580)
7. Marsh Creek Detention
(2585)
8. AB109 Program (2588)
9. Martinez Detention
Infirmary (5700)
10. West County
ATTACHMENT M
LOCAL ONE
Per Diem Special Pays
5 of 5
Detention Infirmary
(5701)
11. Juvenile Hall Nursing
(5702)
12. Detention Mental
Health Martinez (5710)
13. Detention Mental
Health West County
(5711)
14. Youth Mental Health
(5951)
15. West County Adult
Mental Health (5974)
16. Psychiatric Unit (6313)
17. Psychiatric Emergency
(6381)
18. Emergency (6383)
19. Hospital Admission
Martinez (6553)
20. Outpatient
Registration (6570)
ATTACHMENT N
ATTACHMENT O
ATTACHMENT P
ATTACHMENT Q
ATTACHMENT R
ATTACHMENT S
ATTACHMENT T
ATTACHMENT U
ATTACHMENT V
ATTACHMENT V
ATTACHMENT W
ATTACHMENT X
ATTACHMENT Y
ATTACHMENT Z
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 1021
RANK AND FILE UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of the Contra Costa County Board of Supervisors’ Resolution
81/1165 and has been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board Resolution
81/1165.
The parties have met and conferred in good faith regarding wages, hours and other terms
and conditions of employment for the employees in units in which the Union is the
recognized representative, have freely exchanged information, opinions and proposals and
have endeavored to reach agreement on all matters relating to the employment conditions
and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the joint
recommendations of the undersigned for salary and employee benefit adjustments for the
term set forth herein. Special provisions and restrictions pertaining to Project employees
covered by this MOU are contained in Attachment C which is attached hereto and made a
part hereof.
DEFINITIONS
SEIU 1021 R&F -2- 2013-2016
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that the
same descriptive title may be used to designate each position allocated to the group.
Class Title: The designation given to a class, to each position allocated to the class, and
to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of 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 f or under Transfer or as otherwise
provided for in this MOU, in the Personnel Management Regulations, or in specific
resolutions governing deep classifications.
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 absen ce 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.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full-time basis.
Permanent Position: Any position which has required, or which will require the services of
an incumbent without interruption, for an indefinite period.
DEFINITIONS
SEIU 1021 R&F -3- 2013-2016
Project Employee: An employee who is engaged in a time limited program or service by
reason of limited or restricted funding. Such positions are typically funded from outside
sources but may be funded from County revenues.
Promotion: The change of a permanent employee to another position in a class allocated
to a salary range for which the top step is higher than the top step of the class which the
employee formerly occupied, except as provided for under Transfer or as otherwise
provided for in this MOU, in the Personnel Management Regulations, or in specific
resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full-time, part-time
or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another class
at the same range of the salary schedule or to a class which is allocated to another range
that is within five percent (5%) of the top step, except as otherwise provided for in the
Personnel Management Regulations, deep class resolutions or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a higher
class or reducing it to a lower class 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 service with the County from a
position in the merit system.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to another
position in the same class in a different department, or to another position in a class which
is allocated to a range on the salary plan that is within five percent (5%) at top step as the
class previously occupied by the employee.
Union: SEIU Local 1021, Rank and File.
SECTION 1 – UNION RECOGNITION
SEIU 1021 R&F -4- 2013-2016
SECTION 1 – UNION RECOGNITION
The Union is the formally recognized employee organization for the representation units
listed below, and such organization has been certified as such pursuant to Chapter 34 -12
of Board Resolution No. 81/1165.
Community Aide Unit
Social Services Unit
SECTION 2 – UNION SECURITY
2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority
representative may have dues deduction and as such, the Union has the exclusive privilege
of dues deduction or agency fee for all employees in its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and nondiscriminatory
representation to all employees in the units for which this section is applicable
regardless of whether they are members of the Union.
B. All employees employed in a representation unit on or after the effective date of this
MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Union, or
2. Pay to the Union, an agency shop fee in an amount which does not exceed
an amount which may be lawfully collected under applicable constitutional,
statutory, and case law, which under no circumstances shall exceed the
monthly dues, initiation fees and general assessments made during the
duration of this MOU. It shall be the sole responsibility of the Union to
determine an agency shop fee which meets the above criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a member of a
bona fide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting any public
employee organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee described in Section 2.2.B.2
to a non-religious, non-labor, charitable fund chosen by the employee
from the following charities: Family and Children's Trust Fund, Child
Abuse Prevention Council and Battered Women's Alternative.
SECTION 1 – UNION RECOGNITION
SEIU 1021 R&F -5- 2013-2016
C. The Union shall provide the County with a copy of the Union's Hudson Procedure for
the determination and protest of its agency shop fees. The Union shall provide a
copy of said Hudson Procedure to every fee payor covered by this MOU within one
month from the date it is approved and annually thereafter, and as a condition to any
change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson
Procedure within one month after actual notice of the Hudson Procedure shall be a
waiver by the employee of their right to contest the amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that an employee is
separated from the representation unit but shall be reinstated upon the return of the
employee to the representation unit. The term separation includes transfer out of
the unit, layoff, and leave of absence with a duration of more than thirty (30) days.
E. Annually, the Union shall provide the Director of Human Resources with copies of
the financial report required pursuant to the Labor Management Disclosure Act of
1959. Such report shall be available to employees in the unit. Failure to file such a
report within sixty (60) days after (June 30) shall result in the termination of all
agency shop fee deductions without jeopardy to any employee, until said report is
filed.
F. Compliance.
1. An employee employed in or hired into a job class represented by the Union
shall be provided with an Employee Authorization for Payroll Deduction form
by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30)
calendar days after notice of this agency shop fee provision and the Union
dues, agency shop fee, initiation fee or charitable contribution required under
Section 2.2.B.3 are not received, the Union may, in writing, direct that the
County withhold the agency shop fee and the initiation fee from the
employee's salary, in which case the employee's monthly salary shall be
reduced by an amount equal to the agency shop fee and the County shall
pay an equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against any and
all claims, demands, suits, orders, or judgments, or other forms of liability that arise
out of or by reason of this Union security section, or action taken or not taken by the
County under this Section. This includes, but is not limited to, the County's
Attorneys' fees and costs. The provisions of this subsection shall not be subject to
the grievance procedure.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Union.
I. In the event that employees in a bargaining unit represented by the Union vote to
rescind Agency Shop, the provisions of Section 2.3, 2.4, and 2.5 shall apply to dues-
paying members of the Union.
SECTION 1 – UNION RECOGNITION
SEIU 1021 R&F -6- 2013-2016
2.3 Maintenance of Membership. All employees represented by the Union who are
currently paying dues to the Union and all employees in such unit who hereafter become
members of the Union shall as a condition of continued employment pay dues to the Union
for the duration of this MOU and each year thereafter so long as the Union continues to
represent the classification to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.5.
2.4 Union Dues Form. Employees hired into classifications represented by the Union
shall, as a condition of employment at the time of employment, complete a Union dues
authorization card provided by the Union and shall have deducted from their paychecks the
membership dues of the Union. Said employees shall have thirty (30) days from the date
of hire to decide if they do not want to become a member of the Union. Such decision not
to become a member of the Union must be made in writing to the Auditor-Controller with a
copy to the Labor Relations Division within said thirty (30) day period. If the employee
decides not to become a member of the Union, any Union dues previously deducted from
the employee's paycheck shall be returned to the emplo yee and said amount shall be
deducted from the next dues deduction check sent to the Union. If the employee does not
notify the County in writing of the decision not to become a member within the thirty (30)
day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the
Union.
Each such dues authorization form referenced above shall include a statement that the
Union and the County have entered into a MOU, that the employee is required to authorize
payroll deductions of Union dues as a condition of employment, and that such authorization
may be revoked within the first thirty (30) days of employment upon proper written notice by
the employee within said thirty (30) day period as set forth above. Each such employee
shall, upon completion of the authorization form, receive a copy of said authorization form
which shall be deemed proper notice of his or her right to revoke said authorization.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in writing,
between August 1 and August 31, any employee assigned to a classification represented
by the Union may withdraw from Union membership and discontinue paying dues as of the
payroll period commencing September 1 discontinuance of dues payments to then be
reflected in the October 10 paycheck. Immediately upon close of the above mentioned
thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees
who have rescinded their authorization for dues deduction.
2.6 Communicating With Employees. The Union shall be allowed to use designated
portions of bulletin boards or display areas in public portions of County buildings or in public
portions of offices in which there are employees represented by the Union, provided the
communications displayed have to do with matters within the scope of representation and
further provided that the employee organization appropriately posts and removes the
information. The Department Head reserves the right to remove objectionable materials
after notification and discussion with the Union.
Representatives of the Union, not on County time, shall be permitted to place a supply of
employee literature at specific locations in County buildings if arranged through the
SECTION 1 – UNION RECOGNITION
SEIU 1021 R&F -7- 2013-2016
Department Head or designated representative; said representatives may distribute
employee organization literature in work areas (except work areas not open to the public) if
the nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress. Such placement and/or distribution shall not be
performed by on-duty employees.
The Union shall be allowed access to work locations in which it represents employees for
the following purposes:
A. To post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact a Union officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such instance
advance arrangements, including disclosure of which of the above purposes is the reason
for the visit, will be made with the departmental representative in charge of the work area,
and the visit will not interfere with County services.
2.7 Use of County Buildings. The Union shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees during non-work hours when:
A. Such space is available and its use by the Union is scheduled twenty-four (24) hours
in advance;
B. there is no additional cost to the County;
C. it does not interfere with normal County operations;
D. employees in attendance are not on duty and are not scheduled for duty;
E. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain scheduling
of such uses. The Union shall maintain proper order at the meeting, and see that the
space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of business
meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to
reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters
SECTION 3 – NO DISCRIMINATION
SEIU 1021 R&F -8- 2013-2016
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.
On matters within the scope of representation, the County agrees that the Human
Resources Department will notify a Union's designee(s) when an issue within the scope of
representation is placed on the Board's agenda. If there is insufficient time to meet and
confer on an issue prior to the Board's meeting, the item shall be deferred if so requested
by the Union.
In cases of emergency when the Board, or boar ds and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification which is in the Social Services
Unit or Community Aide Unit that their classification is represented by Local 1021, and the
name of a representative of Local 1021. The County shall provide an opportunity for the
Union to make a fifteen (15) minute presentation at the end of the Human Resources
Department’s new employee orientation meetings.
SECTION 3 – NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, political
opinion, sex, sexual orientation, or Union activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because of
age or physical disability.
SECTION 4 – SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to atte nd 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 for presentation of testimony or other
reasons;
C. if their attendance is required for meetings required for settlement of grievances filed
pursuant to Section 25 - Grievance Procedure of this MOU;
D. if they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to present a
grievance;
SECTION 4 – SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
SEIU 1021 R&F -9- 2013-2016
E. if they are designated as spokesperson or representative of the Union and as such
make representations or presentations at meetings or hearings on wages, salaries
and working conditions; provided in each case advance arrangements for time away
from the employee's work station or assignment are made with the appropriate
Department Head or designee, and the County agency calling the meeting is
responsible for determining that the attendance of the particular employee(s) is
required.
4.2 Union Steward and Office Representatives. In Departments represented by SEIU
1021, official representatives of the Union shall be allowed time off on County time for
meetings during regular working hours when formally meeting and conferring in good faith
or consulting with the Labor Relations Manager or other management representatives on
matters within the scope of representation, provided that the number of such
representatives shall not exceed two (2) without prior approval of the Labor Relations
Manager, and that advance arrangements for the time away from the work station or
assignment are made with the appropriate Department Head or designee.
4.3 Chapter Officers. In Departments represented by SEIU 1021, the Union shall
designate five (5) representatives who shall be allowed time off on County time with
corresponding reduction in work assignments, up to sixteen (16) hours per week per
representative, for meetings during regular working hours when formally meeting and
conferring in good faith or consulting with the Labor Relations Officer or other management
representatives on matters within the scope of representation or for the reasons as
provided in 4.1.a through 4.1.e above. In each case, advance arrangements for time away
from the employee's work assignment shall be made with the Department Head or
designee. Such representatives from other departments shall be allowed time off as
provided in Section 4.2 and the representatives designated in this Section shall not in the
aggregate exceed five (5) employees.
4.4 Office Stewards. The Union may designate stewards in the Employment and
Human Services and Health Services Departments who may be allowed to attend meetings
held on County time for the purposes provided in 4.1.d above. In each case, advance
arrangements for time away from the employee's work assignment must be made with the
Department Head or designee. The number of stewards for the following offices are:
(a) Employment and Human Services:
Hall Avenue 1
Summit 1
Cavallo 1
Ellinwood (includes Concord One Stop) 2
Marina West (includes N. Richmond SIT) 2
Hercules (includes San Pablo One Stop) 1
4549 Delta Fair 1
4545 Delta Fair (includes Sand Creek) 2
(b) Health Services: 1 for all sites.
SECTION 5 – SALARIES
SEIU 1021 R&F -10- 2013-2016
If during the term of this MOU offices are combined or created, the Union may designate
one (1) steward for each new office and two (2) stewards for any office with one hundred
(100) or more represented employees at the Employment and Human Services
Department.
4.5 Department Notification. The Union shall notify in writing the Department Head or
designee of those persons designated as official representatives and as stewards and of
any changes of such designations when made.
SECTION 5 – SALARIES
5.1 General Wages.
A. Effective on April 1, 2014, the base rate of pay for all non-safety classifications
represented by the Union will be increased by four percent (4%). Employees in
safety classifications represented by the Union are not eligible for the four percent
(4%) wage increase.
Effective on July 1, 2015, the base rate of pay for all classifications represented by
the Union will be increased by three percent (3%).
B. Longevity Pay. Effective July 1, 2008, employees at ten (10) years of County
service shall receive a two and one-half percent (2.5%) longevity pay differential.
5.2 Lump Sum Ratification Payment
A. Permanent Employees. Permanent full-time employees, including project
employees, who meet all of the following criteria will be paid lump sum ratification payments
of seven hundred and fifty dollars ($750) each on May 10, 2014 and on May 10, 2015.
Permanent part-time employees, including project employees, who meet all of the following
criteria will be paid a prorated lump sum ratification payment. The prorated lump sum
payment for permanent part-time employees will be calculated by multiplying seven
hundred and fifty dollars ($750) by the employee’s approved position hours (for example:
$750 x (20/40)= $375).
Criteria:
a. For the May 10, 2014 payment: The employee must be employed by the
County in a classification represented by the Union on the first day of the month
in which the MOU is adopted by the Board of Supervisors.
b. For the May 10, 2015 payment: The employee must b e employed by the
County in a classification represented by the Union on April 1, 2015.
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SEIU 1021 R&F -11- 2013-2016
c. Employees in safety classifications represented by the Union are eligible for
the first lump sum ratification payment to be paid on May 10, 2014, but a re not
eligible for the lump sum ratification payment to be paid on May 1, 2015.
d. Temporary and per diem employees are not eligible for the ratification
payments.
B. Permanent-Intermittent Employees. Permanent-intermittent employees who
meet all of the following criteria will be paid lump sum ratification payments of two
hundred dollars ($200) each on May 10, 2014 and on May 10, 2015.
Criteria:
a. For the May 10, 2014: The permanent-intermittent employee must be
employed by the County in a classification represented by the Union and
worked in such classification during the month of March 2014.
b. For the May 10, 2015 payment: The permanent-intermittent employee
must be employed by the County in a classification represented by the
Union and worked in such classification during the month of March 2015.
C. The employee’s lump sum ratification payment will be subject to the employee’s
required deductions, such as taxes, wage garnishments, and retirement.
5.3 Entrance Salary. New employees shall generally be appointed at the minimum step
of the salary range established for the particular class of position to which the appointment
is made. However, the appointing authority may fill a particular position at a step above the
minimum of the range.
5.4 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee succ essfully
completes six (6) months service provided however, if an employee began work on
the first regularly scheduled workday of the month the anniversary date is the first
day of the calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is determined as for a
new employee in Subsection 5.4.A above.
C. Demotions. The anniversary of a demoted employee is the first day of the calendar
month after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an employee
who is transferred to another position or one whose position has been reallocated or
reclassified to a class allocated to the same salary range or to a salary range which
SECTION 5 – SALARIES
SEIU 1021 R&F -12- 2013-2016
is within five percent (5%) of the top step of the previous classification, remains
unchanged.
E. Reemployment. The anniversary of an employee appointed from a reemployment
list to the first step of the applicable salary ran ge and not required to serve a
probation period is determined in the same way as the anniversary date is
determined for a new employee who is appointed the same date, classification and
step and who then successfully completes the required probationary period.
F. Notwithstanding other provisions of this Section 5, the anniversary of an employee
who is appointed to a classified position from outside the County's merit system at a
rate above the minimum salary for the employee's new class, or who is transferred
from another governmental entity to this County's merit system, is one (1) year from
the first day of the calendar month after the calendar month when the employee was
appointed or transferred; provided however, when the appointment or transfer is
effective on the employee's first regularly scheduled workday of that month, his/her
anniversary is one (1) year after the first calendar day of that month.
5.5 Increments Within Range. In the Department of Employment and Human
Services, the performance of each employee, except those employees already at the
maximum salary step of the appropriate salary range, shall be reviewed on the anniversary
date as set forth in Section 5.4 to determine whether the salary of the employee shall be
advanced to the next higher step in the salary range. Advancement shall be granted based
on the overall performance rating of standard or based on the affirmative recommendation
of the appointing authority. Based on the overall performance rating of below standard, the
appointing authority may recommend denial of the increment subject to one additional
review at some specified date before the next anniversary which must be set at the time
submitted by the Appointing Authority.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within -range increment be granted at
one time, except as otherwise provided in deep class resolutions. In case an appointing
authority recommends denial of the within range increment on some particular anniversary
date, but recommends a special salary review at some date before the next anniversary the
special salary review shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory on the
County. If an operating department verifies in writing that an administrative or clerical error
was made in failing to submit the documents needed to advance an employee to the next
salary step on the first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.6 Part-Time Compensation. A part-time employee shall be paid a monthly salary in
the same ratio to the full-time monthly rate to which the employee would be entitled as a
full-time employee under the provisions of this Section 5 as the number of hours per week
in the employee's part-time work schedule bears to the number of hours in the full-time
work schedule of the department.
SECTION 5 – SALARIES
SEIU 1021 R&F -13- 2013-2016
5.7 Compensation for Portion of Month. Any employee who works less than any full
calendar month, except when on earned vacation or authorized sick leave, shall receive as
compensation for services an amount which is in the same ratio to the established monthly
rate as the number of days worked is to the actual working days in such employee's normal
work schedule for the particular month; but if the employment is intermittent, compensation
shall be on an hourly basis.
5.8 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 5.10 - Salary on Promotion.
5.9 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 compe nsated at the
same step in the new salary range the employee was receiving in the range to which
the class was previously allocated. If the reallocation is from one salary range with
more steps to a range with fewer steps or vice versa, the employee shall be
compensated at the step on the new range which is in the same percentage ratio to
the top step of the new range as was the salary received before reallocation to the
top step of the old range, but in no case shall any employee be compensated at less
than the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with more steps
to a salary range with fewer steps on the salary schedule, apart from the general
salary increase or decrease described in Section 5.9.A above, each incumbent of a
position in the reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In the event that the
steps in the new range do not contain the same rates as the old range, each
incumbent shall be placed at the step of the new range which is next above the
salary rate received in the old range, or if the new range does not contain a higher
step, at the step which is next lower than the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as above or below the salary range 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
SECTION 5 – SALARIES
SEIU 1021 R&F -14- 2013-2016
steps in the range for the new class do not contain the same rates as the range for
the old class, the incumbent shall be placed at the step of the new range which is
next above the salary rate received in the old range; or if the new range does not
contain a higher step, the incumbent shall be placed at the step which is next lower
than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.9.
5.10 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as provided
under Section 5.14, shall receive the salary in the new salary range which is next higher
than the rate received before promotion. In the event this increase is less than five percent
(5%), the employee's salary shall be adjusted to the step in the new range which is at least
five percent (5%) greater than the next higher step; provided, however, that the next step
shall not exceed the maximum salary for the higher class.
In the 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 decr ease
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 h ighest step the employee
achieved prior to layoff, or from the employee's current step, whichever is higher.
5.11 Salary on Appointment From a Layoff List. 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 an increase of less than five percent (5%), in which
case the salary shall be adjusted to the step in the new range which is five percent (5%)
greater than the next higher step, if the new range permits such adjustment.
5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.13, shall have his salary reduced to the monthly salary step in the
range for the class of position to which he 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 would
have achieved had he been continuously in the position to which he has been demoted, all
within-range increments having been granted.
5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a
position in a class having a salary schedule lower than that of the class from which he or
she demotes, unless the Board provides otherwise by resolution, his or her salary shall
SECTION 5 – SALARIES
SEIU 1021 R&F -15- 2013-2016
remain the same if the steps in his or her new (demoted) salary range permit, and if not,
new salary shall be set at the step next below former salary.
5.14 Transfer. An employee who is transferred from one p osition to another as
described under "Transfer" shall be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer. In the event that the steps in the
range for the new class do not contain the same rates as the range for the old class, the
employee shall be placed at the step of the new range which is next above the salary rate
received in the old range; or if the new range does not contain a higher step, the employee
shall be placed at the step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolution, the salary of the employee shall be set as provided in
the deep class resolution at a step not to exceed a five percent (5%) increase in the
employee's base salary. However, if the deep class transfer occurs to or from a deep class
with specified levels identified for certain positions and their incumbents, the employee's
salary in the new class shall be set in accordance with the section on "Salary on Promotion"
if the employee is transferring to another class or to a level in a deep class for which the
salary is at least five percent (5%) above the top base step of the deep clas s level or class
in which they have status currently.
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 5.10 - Salary on Promotion of this MOU,
commencing on the second full day of the assignment, under the following conditions.
Payment shall be made retroactive after completing the first forty (40) consecutive hours
worked in the higher classification.
A. The employee is assigned to a program service, or activity established by the Board
of Supervisors which is reflected in an authorized position which has been classified
and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such that the employee in the lower
classification performs a majority of the duties and responsibilities of the position of
the higher classification.
C. Employees selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
D. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher classification
shall not be utilized as a substitute for regular promotional procedures provided in
this Memorandum.
SECTION 5 – SALARIES
SEIU 1021 R&F -16- 2013-2016
E. The appropriate authorization form has been submitted by the Department Head at
least eight (8) days prior to the expiration of the ten (10) day waiting period 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 reapproved for the same employee within one hundred eighty
(180) days, no additional waiting period will be required.
H. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual
differential and hazardous duty differential) accruing to the employee in his/her
permanent position shall continue.
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 year continuous employment, the
employee, upon satisfactory performance in the higher classification, shall be
eligible for a salary review in that class on his/her next anniversary date.
Notwithstanding any other salary regulations, the salary step placement of
employees appointed to the higher class immediately following termination of the
assignment shall remain unchanged.
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 will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the employee
for the preceding month; provided, however, that each employee (except those paid on an
hourly rate) may choose to receive an advance on the employee's monthly salary, in which
case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his warrant upon
the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the employee's
option, of the employee's basic salary of the previous month except that it shall not exceed
the amount of the previous month's basic salary less all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or October 31 of
each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the deadline for
filing the notice and shall remain effective until revoked.
SECTION 6 - DAYS AND HOURS OF WORK
SEIU 1021 R&F -17- 2013-2016
In the case of an election made pursuant to this section, all required or requested
deductions from salary shall be taken f rom the second installment, which is payable on the
tenth (10th) day of the following month.
5.17 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 r esult 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 in employee pay shall be corrected as soon as
possible as to current pay rate but no recovery of either overpayments or underpayments to
an employee shall be made retroactively except for the two (2) year period immediately
preceding discovery of the pay error. This provision shall apply regardless of whether the
error was made by the employee, the Appointing Authority or designee, the Directo r of
Human Resources or designee, or the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and a proposed repaymen t
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.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Definitions
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week.
B. Alternate Work Schedule: An alternate work schedule is any work schedule where
an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 9/80, or 4/10 work schedule and where the employee is not
scheduled to work more than 40 hours in the "workweek" as defined in Subsections
F. and H., below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7)
day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four (44)
hours in the next calendar week, but only forty (40) hours in the designated
SECTION 6 - DAYS AND HOURS OF WORK
SEIU 1021 R&F -18- 2013-2016
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 ei ght (8)
hours in the forty-four (44) hour calendar week. In the forty-four (44) hour calendar
week, the employee works four (4) nine (9) hour days and one (1) eight (8) hour
day.
F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek begins
on the same day of the week as the employee’s eight (8) hour work day and
regularly scheduled 9/80 day off. The start time of the workweek is four (4) hours
and one (1) minute after the start time of the eight (8) hour workday. The end time
of the workweek is four (4) hours after the eight (8) hour workday start time. The
result is a workweek that is a fixed and regularly recurring period of seven (7)
consecutive twenty four (24) hour periods (168 hours).
H. Workweek for Twenty Four Hour (24) Facility Employees: For employees who
work in a twenty-four (24) hour facility in the Health Services Department and who
are not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and
ends at 12:00 midnight on Saturday.
6.2 Staggered Work Schedule. The Department of Employment and Human Services
shall continue to operate a staggered work schedule plan. Office hours shall remain open
to the public from 8:00 a.m. to 5:00 p.m., Monday through Friday. Permanent full -time
employees shall have the option to select, subject to prior approval of the department, an
eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may
be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following
shall serve as the basic criteria for the staggered shift:
A. All employees must be present at their office or otherwise engaged in the
duties of their position during the core hours of 10:00 a.m. and 3:30 p.m.
B. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m.
C. The selected staggered work schedule shall consist of the same hours of
work each day except for when a schedule including one varying eight (8)
hour workday is necessary to provide "officer of the day" coverage or for
other specific circumstances in which the department determines that such a
varying schedule is appropriate. The decision of the Department Head or
designee shall be final.
D. Lunch periods of one (1) or one half (1/2) hour shall be scheduled. In the
event that the employee desires to change the scheduled lunch hour from
one (1) hour to one half (1/2) hour, or from one half (1/2) hour to one (1)
hour, that change must be approved in advance by the Department Head or
SECTION 6 - DAYS AND HOURS OF WORK
SEIU 1021 R&F -19- 2013-2016
designee. Lunch periods shall be taken within one (1) hour of the midpoint of
the employee's scheduled workday.
E. Each work unit designated by placement under a single line supervisor shall
have at least one line worker in the office during the hours of 8:00 a.m. to
5:00 p.m. Each such unit shall also have at least one additional line worker
in the office or otherwise engaged in the duties of their positions during the
hours of 8:00 a.m. and 4:30 p.m. There are two situations in which
exceptions may be made to these minimum coverage provisions. Units
which are placed under a single supervisor but which are split between two
or more buildings may be clustered with another unit of a like program
function in the immediate work areas of the same building for the purpose of
maintaining minimum coverage during the time period between 4:30 p.m. and
5:00 p.m. A unit of three or fewer workers may be clustered with another unit
of a like program function in the immediate work area for the purpose of
maintaining minimum coverage, provided that the total number of workers in
the units so clustered shall not exceed eight (8).
F. Each employee's proposed staggered schedule must be submitted in writing
and approved by the Department Head or designee prior to implementation.
G. Changes in staggered schedules shall be requested in writing and must have
the approval of the Department Head or designee prior to implementation.
H. Conflicting requests for schedules shall be resolved by the Department Head
whose decision shall be final.
I. In the event coverage within a location becomes temporarily reduced as a
result of scheduling revisions or absenteeism, employees will be expected to
assure that the necessary functions are performed, particularly the answering
of telephones.
J. It is understood that an individual employee's schedule may be changed due
to the needs of the department.
K. In the event this staggered scheduling provision is found by the department
to be inconsistent with the needs of the department, the department shall so
advise representatives of Local 1021 and the County and the Union shall
meet and confer in an attempt to resolve the inconsistency.
The Public Health Division of the Health Services Agency shall institute, within clinic and
caseload requirements, a staggered hours work schedule plan in which permanent full-time
Social Workers and Eligibility Workers shall have the option to request, subject to prior
approval of the Department Head or designee, an eight (8) hour day, forty (40) hour
workweek schedule consisting of work hours which may be other than the normal 8:00 a.m.
to 5:00 p.m., Monday through Friday. The following shall serve as the basic criteria for
departmental approval:
SECTION 6 - DAYS AND HOURS OF WORK
SEIU 1021 R&F -20- 2013-2016
A. All employees must be present at their office or otherwise engaged in the
duties of their position during the core hours of 9:00 a.m. to 4:00 p.m.
B. Work schedules must remain within the hours of 7:30 a.m. and 5:30 p.m.
except for specific assignments which may require work beyond those hours.
C. The selected staggered work schedule shall consist of the same eight (8)
hour workdays as is necessary to provide coverage during the hours of 8:00
a.m. to 5:00 p.m. The decision of the Department Head or designee shall be
final.
D. Lunch periods of one (1) or one-half (1/2) hour shall be scheduled subject to
the approval of the Department Head or designe e. In the event that the
Social Worker or Eligibility Worker desires to change the scheduled lunch
hour from one (1) hour to one-half (1/2) hour, or from one half (1/2) hour to
one (1) hour, that change must be approved in advance by the Department
Head or designee.
E. Each proposed staggered schedule must be submitted in writing and
approved by the Department Head or designee prior to implementation.
F. Changes in staggered schedules shall be requested in writing and must have
the approval of the Department Head or designee prior to implementation.
G. Conflicting requests for schedules shall be resolved by the Department Head
or designee, and this decision shall be final.
H. In the event coverage within an area office becomes temporarily reduced as
a result of program changes, scheduling revisions, absenteeism, or
reductions in staffing, the department may adjust Social Worker and Eligibility
Worker schedules and/or duties to assure that the necessary functions of the
department are performed.
I. It is understood that an individual employee's schedule may be changed due
to the needs of the department.
J. In the event this staggered scheduling provision is found by the department
to be inconsistent with the needs of the department, the department shall so
advise representatives of Local 1021 and the County and the Union shall
meet and confer in an attempt to resolve the inconsistency.
6.3 Automated Timekeeping Implementation: The Union agrees to the
implementation of an Automated Timekeeping System.
6.4 Time Reporting/Time Stamping: Temporary and Permanent Intermittent (hourly)
employees must timestamp in and out as they begin their work shifts, finish their
work shifts, and take meal periods. Salaried employees will report time off and time
worked for special pays on the electronic timecard.
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
SEIU 1021 R&F -21- 2013-2016
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
7.1 Overtime.
A. Permanent full-time and part-time employees will be paid overtime pay or overtime
compensatory time off for any authorized work performed:
1)in excess of forty (40) hours per week; or
2)in excess of eight (8) hours per day and that exceed the employee’s daily
number of scheduled hours. For example, an employee who is scheduled to
work ten (10) hours per day and who works eleven (11) hours on a
particular day will receive one (1) hour of overtime.
Work performed does not include non-worked hours. Overtime pay is compensated at the
rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift
and any other special differentials). Any special differentials that are applicable during
overtime hours worked will be computed on the employee’s base rate of pay, not on the
overtime rate of pay.
Overtime for permanent employees is earned and credited in a minimum of one-tenth hour
(6 minute) increments and is compensated by either pay or compensatory time off.
B. Permanent Intermittent and temporary employees will be paid overtime pay for
any authorized work performed in excess of forty (40) hours per week or in
excess of eight (8) hours per day. Work performed does not include non-worked
hours. Overtime pay is compensated at the rate of one and one-half (1.5) times
the employee’s hourly base rate of pay (not including shift or any other special
differentials). Any special differentials that are applicable during overtime hours
worked will be computed on the employee’s base hourly rate of pay, not on the
overtime rate of pay.
7.2 Compensatory Time.
A. Employees may annually elect to accrue compensatory time off in lieu of overtime
pay. Eligible employees who elect to receive compensatory time off must agree to
do so for a full fiscal year (July 1 through June 30). The employee must notify their
departmental payroll staff of any change in the election by May 31 of each year.
B. The names of those employees electing to accrue compensatory time off shall be
placed on a list maintained by the department. At time of appointment, newly
appointed employees may elect to accrue compensatory time off in lieu of overtime
pay by notifying the department on the approved form.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times
the actual authorized overtime hours worked by the employee.
SECTION 7 – OVERTIME, COMPENSATORY TIME, & STRAIGHT TIME
SEIU 1021 R&F -22- 2013-2016
A permanent part-time employee shall accrue compensatory time off at the rate of
one (1) hour for each hour worked in excess of the employee's regular workweek for
those hours which are not authorized overtime.
D. Employees may not accrue a compensatory time off balance that exceeds one
hundred twenty (120) hours (i.e. eighty (80) hours at time and one-half). Once the
maximum balance has been attained, authorized overtime hours worked will be paid
at the overtime rate. If the employee's balance falls below one hundred twenty (120)
hours, the employee shall again accrue compensatory time off for authorized
overtime hours worked until the employee's balance again reaches one hundred
twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the next fiscal year;
however, as provided in D. above, accrued compensatory time off balances may not
exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement between
the Department Head or his designee and the employee. Compensatory time off
shall not be taken when the employee would be replaced by another employee who
would be eligible to receive, for time worked, either overtime payment or
compensatory time accruals as provided for in this Section. This provision may be
waived at the discretion of the Department Head or his designee.
G. When an employee promotes, demotes or transfers from the 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 provided in I. below.
I. Since employees accrue compensatory time off at the rate of one and one-half (1-
1/2) hours for each hour of authorized overtime worked, accrued compensatory time
balances shall be paid off at the straight time rate (two-thirds (2/3) 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;
5.the employee is granted a leave of absence.
SECTION 8 - CALL BACK TIME PAY
SEIU 1021 R&F -23- 2013-2016
J. Compensatory time off shall be taken in increments of one (1) minute.
K. The Office of the County Auditor-Controller will establish timekeeping procedures to
administer this section.
7.3 Part-Time Differential. If an employee in the Department of Employment and
Human Services, assigned to a permanent part-time position, is requested to work on
his/her scheduled day off after the scheduled office hours, such employee shall receive, in
addition to their regular base rate of pay, a differential of o ne-half (½) their regular base
rate of pay
7.4 Straight Time Pay and Straight Time Compensatory Time.
A. Permanent full-time and part-time employees are eligible to receive straight time
pay or straight time compensatory time off for hours worked in excess of the
employee’s daily number of scheduled hours that do not qualify for overtime pay
as described in section 7.1, above.
B. Straight time pay is calculated at the rate of one (1.0) times the employee’s base
rate of pay (not including differentials or shift pays).
C. Straight time compensatory time off is accrued at the rate of one (1.0) times the
number of straight time hours worked as defined in 7.4.A. above. The election of
compensatory time off for overtime hours in lieu of overtime pay means that t he
employee also elects to receive compensatory time off for straight time hours in lieu
of straight time pay. An employee cannot elect to receive straight time
compensatory time off for straight time hours if the employee does not also elect to
receive compensatory time off for overtime hours, and vice versa. For employees
who receive straight time compensatory time off in lieu of straight time pay, except
as otherwise set forth in this section 7.4, the rules for administration of
compensatory time off described in section 7.2, above, apply to straight time
compensatory time off.
SECTION 8 - CALL BACK TIME PAY
A. A permanent full-time and permanent part-time employee who is called back to duty
will be paid for Call Back Time. Call Back Time occurs when an employee is not
scheduled to work and is not on County premises, but is called back to work on
County premises or for a County work assignment. An employee called back to
work will be paid Call Back Time Pay at the rate of one and one-half (1.5) times
his/her base rate of pay (not including differentials) for the actual Call Back Time
hours worked plus one (1) hour. An employee called back to work will be paid a
minimum of two (2) hours for each Call Back Time event.
B. Effective January 1, 2015, permanent full-time and part-time employees in the
classifications of Social Casework Specialist I (X0WB) and Social Casework
SECTION 9 – ON-CALL DUTY
SEIU 1021 R&F -24- 2013-2016
Specialist II (X0VB) who are assigned to the Emergency Response Program (Org.
Number 5216) and are contacted by telephone during their on-call duty, will not
receive any additional pay if the cumulative total of the telephone conversations
does not exceed thirty (30) minutes per on-call shift. If the telephone conversations
exceed a cumulative total of thirty (30) minutes up to a maximum of sixty (60)
minutes per on-call shift, the employee will be paid telephone call back pay at one
and one-half (1.5) times the employee’s regular rate of pay in one minute
increments up to a maximum of sixty (60) minutes. If the telephone conversations
exceed a cumulative total of sixty (60) minutes per on-call shift, the employee will be
paid Call Back Time in accordance with Section 8.A. above.
SECTION 9 – ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty during which
an employee is not required to be on County premises but stand ready to immediately
report for duty and must arrange so that his superior can reach him on ten (10) minutes
notice or less. An employee assigned to on-call time shall be paid one (1) hour of straight
time credit for each four (4) hours on such on-call time.
Those positions which are on-call shall be designated by the appointing authority whose
decision is final. Assignment to an on-call position shall be in accordance with Section 38.
SECTION 10 – SHIFT DIFFERENTIAL
A. Permanent full-time and permanent part-time employees:
1.Permanent full-time and permanent part-time employees will be paid a shift
differential of five percent (5%) for the employee’s entire scheduled shift
when the employee is scheduled to work for four (4) or more hours between
5:00p.m. and 9:00a.m.
2.In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on
the day the shift is scheduled to begin. Hours worked in excess of the
employee’s scheduled workday will count towards qualifying for the shift
differential, but the employee will not be paid the shift differential on any
excess hours worked.
3.Employees who commence a vacation, paid sick leave period, paid disability
or other paid leave immediately after working a shift that qualifies for the shift
differential, will have the shift differential included in computing the pay for
their time on paid leave. Employees on a rotating shift schedule who
commence a vacation, paid sick leave, paid disability, or other paid leave will
be paid the shift differential that they would have received had the employees
worked the scheduled shift during the period of paid leave. Shift differential
shall only be paid during paid sick leave and paid disability leave as provided
above for the first thirty (30) calendar days of each absence.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 R&F -25- 2013-2016
B. Permanent Intermittent and Temporary employees:
1. Permanent Intermittent and temporary employees will be paid a shift
differential of five percent (5%) for a maximum of eight (8) hours per work
day and/or forty (40) hours per workweek when the employee works four (4)
or more hours between 5:00p.m. and 9:00a.m.
2. In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on
the day the shift is scheduled to begin. Hours worked in excess of eight (8)
hours in a workday will count towards qualifying for the shift differential, but
the employee will not be paid the shift differential on any excess hours
worked.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ 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.
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
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 R&F -26- 2013-2016
transferred.
3.Refer interested persons to vacancies which occur in other job
classes for which they qualify and can use their layoff eligibility.
4.Establish workshops to aid laid off employees in areas such as
resume preparation, alternate career counseling, job search strategy,
and interviewing skills.
g.When it appears to the Department Head and/or Labor Relations Manager
that the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify
the Union of the possibility of such layoffs and shall meet and confer with the
Union regarding the implementation of the action.
11.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the
merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as the
Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in 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 permanent intermittent or permanent part-time position, the least
senior employee being displaced first.
2.In the Same Level or Lower Class. A laid off or displaced employee who had
achieved permanent status in a class at the same or lower salary level as
determined by the salary schedule in effect at the time of layoff may displace
within the department and in the class an employee having less seniority; the
least senior employee being displaced first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
1.Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respectively.
2.A permanent full-time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class as provided in Section
11.2.C.1 or, 2) in a class of the same or lower salary level as provided in
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 R&F -27- 2013-2016
Section 11.2.C.2 if no full-time employee in a class at the same or lower
salary level has less seniority than the displacing employees.
3.Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of a
proposed layoff with the written approval of the Human Resources Director or
designee retain their permanent full-time employee seniority rights for layoff
purposes only and may in a later layoff displace a full-time employee with
less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
the same or higher salary levels as determined 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 of the former class,
shall carry the seniority accrued in the former class into the new class. Employees
reallocated to a new deep class upon its initiation or otherwise reallocated to a deep
class because the duties of the position occupied are appropriately described in the
deep class shall carry into the deep class the seniority accrued or carried forward in
the former class and seniority accrued in other classes which have been included in
the deep 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 employee's 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 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. 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
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 R&F -28- 2013-2016
length of last continuous permanent County employment with remaining ties broken
by random selection among the employees involved.
H. Duration of Layoff & Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two (2)
years. Persons placed on layoff lists shall continue on the appropriate list for a
period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of
person(s) laid off, displaced or demoted by displacement or voluntarily 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 Layoff Lists. The Human Resources Director may remove
the name of any eligible from a layoff list for any reason listed below:
1.For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2.On evidence that the eligible cannot be located by postal authorities.
3.On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment in
the class.
4.If three (3) offers of permanent appointment to the class for which the eligible
list was established have been declined by the eligible.
A single offer is defined as an offer of all the permanent positions that are
available at that time. A rejection of all of those offered positions constitutes
a single declination.
5.If the eligible fails to respond to the Human Resources Director or the
appointing authority within ten (10) days to written notice of certification
mailed to the person's last known address.
If the person on the reemployment or layoff list is appointed to another
position in the same or lower classification, the name of the person shall be
removed. However, if the first permanent appointment of a person on a layoff
list is to a lower class which has a top step salary lower than the top step of
the class from which the person was laid off, the name of the person shall not
SECTION 12 - HOLIDAYS
SEIU 1021 R&F -29- 2013-2016
be removed from the layoff list.
K. Removal of Names from Reemployment and Layoff Certifications. The Human
Resources Director may remove the name of any eligible from a reemployment or
layoff certification if the eligible fails to respond within five (5) days to a written notice
of certification mailed to the person's last known address.
11.3 Notice. The County will give employees scheduled for layoff at least ten (10) work
days notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a Tactical Employment Team
(TET) employment pool which will include the names of all laid off County employees. The
names of employees who remain County employees but who have been displaced or who
have demoted as a result of a layoff or displacement, or who have voluntarily demoted or
transferred in lieu of layoff or displacement will also be included in the TET employment
pool. Special employment lists for job classes may be established from the pool. Persons
placed on a special employment list must meet the minimum qualifications for the class. An
appointment from such a list will not affect the individual's status on a layoff list(s). The
name of any person included in the TET employment pool shall continue to be in the pool
for a period of four (4) years, unless the employee’s name is removed from the layoff list,
which will cause the employee’s name to be removed from the TET pool as well.
Employees in the TET employment pool shall be guaranteed a job interview for any vacant
funded position for which they meet minimum qualifications. If there are more than five
such employees who express an interest for one vacant funded position, the five most
senior employees shall be interviewed. Seniority for this subsection shall be County
seniority.
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.
SECTION 12 - HOLIDAYS
12.1 Holidays and Personal Holiday Credit. 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
SECTION 12 - HOLIDAYS
SEIU 1021 R&F -30- 2013-2016
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.
1.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.
2.For employees who work in twenty-four (24) hour facilities and who are
assigned to work on a holiday, any holiday that falls on a Saturday will be
observed on a Saturday, and any holiday that falls on a Sunday will be
observed on a Sunday.
B. Effective January 1, 2012, each full-time employee will accrue four (4) hours of
personal holiday credit per month. Such personal holiday time may be taken in one
(1) minute increments, and preference of personal holidays will be given to
employees according to their seniority in their department as reasonably as
possible.
C. Employees will accrue their personal holiday credit during months they are in pay
status provided however that 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 credits at the employee's then current pay rate.
D. Effective January 1, 2012, employees who work in twenty-four (24) hour facilities
will, in addition to those holidays specified in Section 12.1A, observe Admission day
on September 9, Columbus Day on the second Monday in October, and Lincoln's
Day on February 12 as holidays, but will not accrue the four (4) hours per month of
personal holiday credit referenced in Section 12.1.B above, but will accrue two (2)
hours per month of personal holiday credit. 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.
E. Effective July 1, 2014, employees in safety classifications represented by Loca l
1021 who are assigned to work in twenty-four (24) hour facilities will not accrue the
two (2) hours per month of personal holiday credit referenced in Section 12.1.D.,
above.
SECTION 12 - HOLIDAYS
SEIU 1021 R&F -31- 2013-2016
F. Effective July 1, 2014, employees in safety classifications represented by Local
1021 will not accrue the four (4) hours per month of personal holiday credit
referenced in Section 12.1.B., above, but will accrue two (2) hours per month of
personal holiday credit. Such personal holiday credit may be taken in increments of
one (1) minute, and preference for the use of personal holiday credit 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.
12.2 Holiday is Observed (NOT WORKED)
A. Full Time Employees:
1.Holidays Observed – Full Time Employees: Full time employees on
regular, 4/10, 9/80, flexible, and alternate work schedules are entitled to
observe a holiday (eight (8) hours off), without a reduction in pay, whenever a
holiday is observed by the County.
2.Holidays Observed on Regular Day off of Full Time Employees on 4/10,
9/80, Flexible, and Alternate Work Schedule: When a holiday is observed
by the County on the regularly scheduled day off of an employee who is on a
4/10, 9/80, flexible, or alternate work schedule, the employee is entitled to
take eight (8) hours off, without reduction in pay, in recognition of the holiday.
The employee is also entitled to receive eight (8) hours of flexible pay at the
rate of 1.0 times his/her base rate of pay (not including differentials) or
flexible compensatory time in recognition of his/her regularly scheduled day
off.
3.Holiday Observed- Full Time Employee Scheduled in Excess of Eight (8)
hours: When a holiday falls on an employee’s regularly 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 employee does not
have any non-sick leave accrual balances, leave without pay (AWOP) will be
authorized.
4.Holiday Observed- Full Time Employees Scheduled for Less than Eight
(8) hours: 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 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 hours the employee was scheduled to work on the holiday.
B. Part Time Employees:
1.Holidays Observed – Part Time Employees: When a holiday is observed
SECTION 12 - HOLIDAYS
SEIU 1021 R&F -32- 2013-2016
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 eight (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 x 8 = 4.8). Hereafter, the number of hours
produced by this calculation will be referred to as the “part time employee’s
holiday hours.”
2.Holiday Observed on Regular Day off of Part Time Employees: When a
holiday is observed by the County on the regularly 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 received
flexible pay at the rate of 1.0 times his/her base rate of pay (not including
differentials) or flexible compensatory time, in the amount of the “part time
employee’s holiday hours” in recognition of his/her scheduled day off.
3.Holiday Observed- Part Time Employees Scheduled to Work in Excess
of “Part Time Employee’s Holiday Hours”: When the number of hours in
a part time employee’s scheduled work day that falls a holiday 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 employees “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.
4.Holiday Observed- Part Time Employees Scheduled to Work Less than
“Part Time Employee’s Holiday Hours”: When the number of hours in a
part time employee’s scheduled work day that fall on a holiday is less than
the employee’s “part time employee’s holiday hours,” the employee is also
entitled to receive flexible pay at the rate of 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.”
12.3 – Holiday is WORKED.
A. Full Time Employees:
1.Holiday Falls on Regularly Scheduled Work Day of Full Time Employees
on Regular, 4/10, 9/80, Flexible, and Alternate Work Schedules: When a
full time employee works on a holiday that falls on the employee’s regularly
scheduled work day, the employee is entitled to receive his/her regular
salary. The employee is also entitled to receive holiday pay at the rate of one
and one half (1.5) times his/her base rate of pay (not including differentials)
or holiday compensation time at the same rate, for all hours worked up to a
maximum of eight (8) hours. This provision applies to the regular, 4/10, 9/80,
flexible, and alternate work schedules.
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SEIU 1021 R&F -33- 2013-2016
2.Holiday Worked- Full Time Employee Scheduled less than Eight (8)
hours on Regularly Scheduled Work Day: When a full time employee is
scheduled to work less than eight (8) hours on a holiday (hereafter referred to
as “full time employee short shift”), and the employee works that full time
employee short shift, the employee is also entitled to receive flexible pay at
the rate of 1.0 times his/her base rate of pay (not including differentials) or
flexible compensatory time for the difference between eight (8) hours and the
employee’s scheduled full time employee short shift hours.
3.Holiday Falls on Regularly Scheduled Day Off of Full Time Employees
on 4/10, 9/80, Flexible, and Alternate Work Schedules: When a full time
employee works on a holiday that falls on the employee’s regularly scheduled
day off, the employee is entitled to receive his/her regular salary. The
employee is also entitled to receive overtime pay at the rate of one and one
half (1.5) times his/her base rate of pay (not including differentials) or
compensation time at the same rate for all hours worked on the holiday. The
employee is also entitled to receive eight (8) hours of flexible compensatory
time or pay, at the rate of 1.0 times his/her base rate of pay, in recognition of
his/her scheduled day off. This provision only applies to employees on 4/10,
9/80, flexible, and alternate work schedules.
B. Part Time Employees:
1.Holiday Falls on Regularly Scheduled Work Day: 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 at the rate of one
and one half (1.5) times his/her base rate of pay (not including differentials)
or holiday compensatory time for all hours worked on the holiday, up to a
maximum of the “part time employee’s holiday hours.”
2.Holiday Worked- Part Time Employee Scheduled for Less than “Part
Time Employee’s Holiday Hours” on Regularly Scheduled Work Day:
When a part time employee is scheduled to work less than the employee’s
“part time employee’s holiday hours” on a holiday (hereafter referred to as
“part time employee short shift”), and the employee works that part time
employee short shift, the employee is also entitled to receive flexible pay at
the rate of 1.0 times his/her base rate of pay (not including differentials) or
flexible compensatory time for the difference between the “part time
employee’s holiday hours” and the part time employee short shift hours.
3.Holiday Worked- Part Time Employee Scheduled to Work in Excess of
“Part Time Employee’s Holiday Hours” on Regularly Scheduled Work
Day: When a part time employee is scheduled to work more than his/her
“part time employee’s holiday hours” on a holiday (hereafter referred to as
“part time employee long shift”), and the employee works more than the part
time employee long shift hours, the employee is entitled to receive straight
SECTION 12 - HOLIDAYS
SEIU 1021 R&F -34- 2013-2016
time pay at the rate of 1.0 time his/her base rate of pay (not including
differentials) or compensatory time up to eight (8) hours. When a part-time
employee works more than his/her part time employee long shift hours and
beyond eight (8) hours, the part time 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) or compensatory time for all hours worked beyond the
part time employee long shift hours that exceed eight (8) hours.
4.Holiday Falls on Regularly Scheduled Day Off of Part Time Employee:
When a part time works on a holiday that falls on the employee’s regularly
scheduled day off, the employee is entitled to receive his/her regular salary.
The part time employee is also entitled to receive overtime pay at the rate of
one and one half (1.5) his/her base rate of pay (not including differentials) or
compensatory time for all hours worked on the holiday, up to a maximum of
the amount the “part time employee’s holiday hours.”
5.Holiday Worked- Regularly Scheduled Day off in Excess of “Part Time
Employee’s Holiday Hours”: If a part time employee works more than the
“part time employee’s holiday hours,” the part time employee is also entitled
to receive compensatory time or straight time pay at the rate of 1.0 times
his/her base rate of pay (not including differentials) for all hours worked up to
a maximum of eight (8) hours. If a part time employee works more than eight
(8) hours on the holiday, the part time 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) or compensatory time for all hours worke d
beyond eight (8) hours. The part time employee is also entitled to receive
flexible pay at the rate of 1.0 times his/her base rate of pay (not including
differentials) multiplied by the amount of the “part time employee’s holiday
hours” or flexible compensatory time in recognition of his/her scheduled day
off.
6.Holiday Worked- Regularly Scheduled Day off Less Than “Part Time
Employee’s Holiday Hours”: If a part-time employee works a part time
employee short shift on his/her regularly scheduled day off, the employee is
also entitled to receive flexible pay at the rate of 1.0 time his/her base rate of
pay (not including differentials) or flexible compensatory time for the
difference between the part time employee’s short shift hours and the “part
time employee’s holiday hours.”
12.4 Holiday and Compensatory Time Provisions.
A. Maximum Accruals of Holiday Compensatory Time: Holiday compensatory time
may not be accumulated in excess of two hundred eighty-eight (288) hours. After
two hundred eighty-eight (288) hours are accrued by an employee, the employee
will receive holiday pay at the rate of one and one half (1.5) times his/her base rate
of pay. Holiday compensatory time may be taken at those dates and times
determined by mutual agreement of the employee and the Department Head or
designee.
SECTION 13 – VACATION LEAVE
SEIU 1021 R&F -35- 2013-2016
B. Pay Off of Holiday Compensatory Time: Holiday compensatory time will be paid
off only upon a change in status. A change in status includes separation, transfer to
another department, reassignment to a permanent-intermittent position, or transfer,
assignment, or promotion into a position that is not eligible for holiday compensatory
time.
C. Maximum Accruals of Flexible Compensatory Time: Flexible compensatory time
may not be accumulated in excess of two hundred eighty-eight (288) hours. After
two hundred eighty-eight (288) hours are accrued by an employee, the employee
will receive flexible pay at the rate of 1.0 times his/her base rate of pay. Flexible
compensatory time may be taken on those dates and times determined by mutual
agreement of the employee and the Department Head or designee.
D. Pay Off of Flexible Compensatory Time: Flexible compensatory time will be paid
off only upon a change in status. A change in status includes separation, transfer to
another department, reassignment to a permanent-intermittent position, or transfer
assignment, or promotion into a position that is not eligible for flexible compensatory
time.
E. Employees who elect to receive flexible compensatory time or holiday compensatory
time credit must agree to do so for a full fiscal year (July 1 through June 30). The
employee must notify his/her departmental payroll staff of any change in the
election by May 31 of each year.
12.5 Permanent-Intermittent Employees: Permanent-Intermittent employees who
work on a holiday will be paid overtime pay at the rate of one and one half (1.5) time his/
her base rate of pay (not including differentials) for a maximum of eight (8) hours
worked on the holiday.
SECTION 13 – VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a permanent position. Increased
accruals begin on the first of the month following the month in which the employee
qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour
calculated on the same basis as for partial month compensation pursuant to Section 5.7
–Compensation for Portion of Month of this MOU. Vacation may be taken in increments
of one (1) minute and may not be rounded. Vacation credits may not be taken during
the first six (6) months of employment (not necessarily synonymous with probationary
status) except where sick leave has been exhausted; and none shall be allowed in
excess of actual accrual at the time vacation is taken.
13.2 Vacation Accrual Rates.
Length of Service Monthly Maximum
SECTION 13 – VACATION LEAVE
SEIU 1021 R&F -36- 2013-2016
Accrual Hours 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
Employees in permanent part-time and permanent-intermittent positions shall accrue
vacation benefits on a pro rata basis as provided in Section 36-1.006 of Board Resolution
No. 81/1165.
A. Vacation Accrual Increases for Employees Hired on and before June 30, 2009:
Employees with a first of the month Service Award Date: Each employee with a
Service Award Date that is on the first day of a month is eligible to accrue increased
vacation hours on his/her Service Award Date.
Example:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reaches 20 years of service on January 1, 2008.
3. January 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s February 10, 2008
pay warrant.
Employees NOT with a first of the month Service Award Date: Each employee whose
Service Award Date is NOT on the first day of a month is eligible to accrue increased
vacation hours on the first day of the month following the employee's Service Award Date.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66
hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s April 10, 2007 pay
warrant.
B. Vacation Accrual Increases for Employees Hired on and after July 1, 2009:
Each employee hired on and after July 1, 2009 is eligible to accrue increased vacation
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -37- 2013-2016
hours on the first day of the month following the employee's Service Awa rd Date.
Example One:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reached 20 years of service on January 1, 2008.
3. February 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s March 10, 2008, pay
warrant.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66
hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s April 10, 2007, pay
warrant.
C. Service Award Date Defined: An employee’s Service Award Date is the first day of
his/her temporary, provisional, or permanent appointment to a position in the
County. If an employee is first appointed to a temporary or provisional position and
then later appointed to a permanent position, the Service Award Date for that
employee is the date of the first day of the temporary or provisional appointment.
13.3 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or unpaid military leave shall accrue any vacation credit during the time of such
leave, nor shall an employee who is absent without pay accrue vacation credit during the
absence.
13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the emplo yee's then
current pay rate.
13.5 Vacation Preference. Preference of vacation shall be given to employees
according to their seniority in their department as reasonably as possible.
SECTION 14 – SICK LEAVE
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -38- 2013-2016
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 and memoranda of understanding. Employe es 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 (1) minute
increments and may not be rounded.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave
credits shall be canceled, unless the separation results from layoff, in which case the
accumulated credits shall be restored if reemployed in a permanent position within the
period of lay off eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement time on the basis on one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary
purpose of paid sick leave is to ensure employees against loss of pay for temporary
absences from work due to illness or injury. The following definitions apply:
"Immediate Family" means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent,
grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, or stepsister,
or domestic partner of an employee and/or includes any other person for whom the
employee is the legal guardian or conservator, or any person who is claimed as a
"dependent" for IRS reporting purposes by the employee.
"Employee" means any person employed by Contra Costa County in an allocated position
in the County service.
"Paid Sick Leave Credits" means those sick leave credits provided for by County Salary
Regulations and memoranda of understanding.
"Condition/Reason" With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or verified,
a brief statement in non-technical terms from the employee regarding inability to work due
to injury or illness is sufficient.
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -39- 2013-2016
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 evidence submitted by the employee is insufficient, or
where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain secluded due to exposure to a
communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Employees whose disability
is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or
recovery therefrom, shall be allowed to utilize sick leave credit to the
maximum accrued by such employee during the period o f 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
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -40- 2013-2016
that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or
recovery therefrom the employee shall be required to undergo a
physical examination by a physician selected by the County. Should
the medical report so recommend, a mandatory leave shall be
imposed upon the employee for the duration of the disability.
3.Except as set forth in Section 14.3 H Baby/Child Bonding, sick leave
may not be utilized after the employee has been released from the
hospital unless the employee has provided the County with a written
statement from her attending physician stating that her disability
continues and the projected dates of the employee's recovery from
such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1.For working time used in keeping medical and dental appointments for
the employee's own care; and
2.for working time used by an employee for prescheduled medical and
dental appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family
member.
G. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family or
of the employee's domestic partner, but this shall not exceed three (3)
working days, plus up to two (2) days of work time for necessary travel. Use
of additional accruals including sick leave when appropriate, may be
authorized in conjunction with the bereavement leave at the discretion of the
appointing authority.
H. Baby/Child Bonding. Upon the birth or adoption of a child, an employee
eligible for baby-bonding leave pursuant to the California Family Rights Act
may use sick leave credits for such baby-bonding leave.
I. Accumulated paid sick leave credits may not be used in the following
situations:
1.Vacation. Paid sick leave credits may not be used for an employee's
illness or injury which occurs while he is on vacation but the County
Administrator may authorize it when extenuating circumstances exist
and the appointing authority approves.
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -41- 2013-2016
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 responsible for keeping their department informed on
a continuing basis of their condition and probable date of return to
work.
3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific locations and/or persons
the department may contact to verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied if
these procedures are not followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action. Departmental approval of sick
leave is a certification of the legitimacy of the sick leave claim. The
Department Head or designee may make reasonable inquiries about
employee absences. The department may require medical verification for an
absence of three (3) or more working days. The department may also
require medical verification for absences of less than three (3) working days
for probable cause if the employee had been notified in advance in writing
that such verification was necessary. Inquiries may be made in the following
ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification
was not made in accordance with departmental sick leave call-in
guidelines. These inquiries shall be subject to any restrictions
imposed by the employee under Section 14.4.A.
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -42- 2013-2016
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 insure the submission of a time card covering each employee absence and for
operating their respective offices in accordance with these policies and with
clarifying regulations issued by the Office of the County Administrator.
To help assure uniform policy application, the Director of Human Resources or
designated management staff of the County Human Resources Department should
be contacted with respect to sick leave determinations about which the department
is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of l937. 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.
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -43- 2013-2016
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Director of Human Resources
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two weeks in duration, the appointing
authority may order the employee to undergo at County expense a physical,
medical, and/or psychiatric examination by a licensed physician, and may consider a
report of the findings on such 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 he deems necessary in accordance with
appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (a) or (b) above, the employee shall
be given notice of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon which the
action is taken;
5. a statement that the employee has until a specified date (not less than seven
(7) workdays from personal delivery or mailing of the notice) to respond to
the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in writing
may place the employee on a temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven (7)
workdays to respond to the appointing authority either orally or in writing before the
proposed action may be taken.
H. After having complied with the notice requirements above, the appointing authority
may order the leave of absence or suspension in writing stating specifically the basis
upon which the action is being taken, delivering the order to the employee either
personally or by certified mail, effective either upon personal delivery or deposit in
the U.S. Postal Service.
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -44- 2013-2016
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
order, appeal the order in writing through the Director of Human Resources to the
Merit Board. Alternatively, the employee may file a written election with the Director
of Human Resources waiving the employee's right to appeal to the Merit Board in
favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator,
the employee has the burden of proof to show that either:
1.the physical or mental health condition cited by the appointing authority does
not exist, or
2.the physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's performance of duty, or is not
sufficient to endanger the health or safety of the employee, other employees,
or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the
Director of Human Resources to the Merit Board for hearing under the Merit Board's
Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in
such hearings shall remain confidential information and shall not be a part of the
public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by the
parties. The arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1.The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2.The arbitrator may make his decision based only on evidence submitted by
the County and the employee.
3.The arbitrator may order back pay or paid sick leave credits for any period of
leave of absence or suspension if the leave or suspension is found not to be
sustainable, subject to the employee's duty to mitigate damages.
4.The arbitrator's fees and expenses shall be paid one-half by the County and
one-half by the employee or employee's association.
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -45- 2013-2016
M. It is understood that the benefits specified in Sections 14 and 15 shall be
coordinated with the rehabilitation program as determined by the labor-management
committee.
14.6 Workers' Compensation. A permanent non-safety employee shall continue to
receive the appropriate percent regular monthly salary, for all accepted claims filed before
January 1, 2000, during any period of compensable temporary disability absence not to
exceed one year. For all accepted claims filed with the County on or after January 1, 2000,
the percentage of pay for employees entitled to Workers’ Compensation shall be decreased
from 87% to 86%. For all accepted claims filed with the County on or after January 1, 2007,
the percentage of regular monthly salary for employees entitled to Workers’ Compensation
shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted
claims filed with the County on or after January 1, 2008, the percentage of regular monthly
salary for employees entitled to Workers’ Compensation shall be decreased from eighty
percent (80%) to seventy-five percent (75%). This provision excludes those safety
employees entitled to benefits as defined under the Workers' Compensation Laws of
California, Labor Code Section 4850. If Workers' Compensation becomes taxable, the
County agrees to restore the original benefit level (100% of monthly salary) and the parties
shall meet and confer with respect to funding the increased cost.
A. Employees who leave work as a result of an on-the-job injury will have the balance
of that day charged to continuing pay. This will be considered as the last day
worked for purposes of determining Workers' Compensation benefits. A permanent
employee shall receive the authorized percentage of regular salary during any
period of compensable temporary disability absence. "Compensable temporary
disability absence" for the purpose of this Section, is any absence due to work-
connected disability which qualifies for temporary disability compensation as set
forth in Part 2, Article 3 of the Workers’ Compensation Laws of California . When
any disability becomes permanent, the salary provided in this Section shall
terminate. The employee shall return to the County all temporary disability
payments received by him/her from any County funded wage replacement program.
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 salary
payments are made.
The maximum period for the described salary continuation for any one injury or
illness shall be one year from the date of temporary disability.
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. Payment of continuing pay and/or
temporary disability compensation shall be made in accordance with Part 2, Article 3
of the Workers’ Compensation Laws of California. “Compensable temporary
disability absence” for the purpose of this Section, is an absence due to work-
connected disability which qualifies for temporary disability compensation as set
forth in Part 2, Article 3 of the Workers’ Compensation Laws of California.
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -46- 2013-2016
When any disability becomes medically permanent and stationary and/or reaches
maximum medical improvement, the salary provided by this Section shall terminate.
No charge shall be made against sick leave or vacation for these salary payments.
Sick leave and vacation rights shall not accrue for those periods during which
continuing pay is received. Employees shall be entitled to a maximum of one (1)
year of continuing pay benefits for any one injury or illness.
Continuing pay begins at the same time that temporary Workers’ Compensation
benefits commence and continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical improvement, or until one
(1) year of continuing pay, whichever comes first provided the employee remains in
an active employed status. Continuing pay is automatically terminated on the date
an employee is separated from County service by resignation, retirement, layoff, or
the employee is no longer employed by the County. In these instances, employees
will be paid Workers’ Compensation benefits as prescribed by Workers’
Compensation laws. All continuing pay will be cleared through the County
Administrator’s Office, Risk Management Division.
C. Full Pay Beyond One Year. If an injured employee remains eligible for temporary
disability beyond one (1) year, the authorized salary will continue by integrating sick
leave and/or vacation accruals with Workers' Compensation benefits. If salary
integration is no longer available, Workers' Compensation benefits will be paid
directly to the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation Rehabilitation Temporary Disability benefits and whose disability is
medically permanent and stationary and/or reaches maximum medical
improvement, will continue to receive his/her applicable salary by integrating si ck
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(s) continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
F. Method of Integration. An employee's sick leave and/or vacation charges shall be
calculated as follows:
C = 8 [1 - (W ÷ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.7 Leave Without Pay. No employee who has been granted a leave without pay or
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.
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -47- 2013-2016
14.8 State Disability Insurance (SDI). Effective July 1, 1994, the County will begin a
six-month pilot program for employees eligible for State Disability benefits. At the end of
the six (6) month pilot program, the County will meet and confer to evaluate whether the
plan will be continued. Employees eligible for SDI benefits will be required to make
application for SDI benefits and to have those benefits integrated with the use of their sick
leave accruals on the following basis:
14.9 General Provisions. The California SDI program provides disability benefits
beginning on the eighth (8) calendar day of a qualifying disability unless the employee is
hospitalized. Upon hospitalization, benefits can be payable from the first day of the
disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable
from the first day of the disability. The maximum period of state disability payments is up to
one (1) year. Determination of SDI payments and eligibility to receive payments is at the
sole discretion of the State of California.
Integration means that employees will be required to use sick leave accruals to supplement
the difference between the amount of the SDI payment and the employee's base monthly
salary. Integration of sick leave with the SDI benefit is automatic and cann ot be waived.
Integration applies to all SDI benefits paid. For employees off on SDI, the department will
make appropriate integration adjustments, including retroactive adjustments if necessary.
Employees must inform their department of hospitalization in a timely manner in order for
the department to make appropriate integration adjustments.
State Disability benefit payments will be sent directly to the employees at their home
address by the State of California.
When there are insufficient sick leave accruals available to fully supplement the difference
between the SDI payment and the employee's base monthly salary, accruals other than
sick leave may be used. These accruals may be used only to the extent that total
payments do not exceed the employee's base monthly salary.
14.10 Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual usage
with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the department shall automatically use 0.1 hour of sick leave
per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration with the SDI benefit terminates.
An employee may use any other accruals without reference to or integration with the SDI
benefit.
When the SDI benefit is exhausted, sick leave integration terminates. Then the employee
may use sick leave or other accruals.
Employees with no sick leave balance at the beginning of the disability integration period
may use any other accruals without reference to or integration with the SDI benefit.
SECTION 14 – SICK LEAVE
SEIU 1021 R&F -48- 2013-2016
Employees whose SDI claims are denied must present a copy of their claim denial to their
department. The department will then authorize use of unused sick leave and shall
authorize the use of other accruals as appropriate.
Employees may contact the Human Resources Department, Benefits Division, for
assistance in resolving problems.
14.11 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave,
the employee's sick leave accrual charges while receiving SDI benefits shall be calculated
each month.
The amount of sick leave charged each employee will be calculated in the following
manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to the
daily hours in the employee's schedule and that number of sick leave hours will be charged
against the employee's sick leave accruals.
For purposes of integration with the SDI program, all full-time employees' schedules will be
converted to 8-hour/5-day weekly work schedules during the period of integration.
The formula for full-time employees' sick leave integration charges is shown below:
L = [(S-D) ÷ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit [D = (W ÷ 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees and those full-time employees
working a light/limited duty reduced schedule program shall have their sick lea ve
integration adjusted accordingly.
14.12 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined
as the salary amount for the employee's step on the salary schedule for the employee's
permanent classification as shown in the "Salary" field on the On-Line Payroll Time
Reporting System used by departments for payroll reporting purposes.
14.13 Conversion to the New SDI Program. For all employees receiving SDI benefits
prior to July 1, 1994, conversion to the new SDI program op erated by departmental payroll
staff will be coordinated by the Human Resources Department, Benefits Division.
All employee SDI benefit checks received in the Human Resources Department and signed
over to the County by June 30, 1994, will be deposited and used to buy back the
SECTION 15 – CATASTROPHIC LEAVE BANK
SEIU 1021 R&F -49- 2013-2016
employee's sick leave, with sick leave credits appearing on the July 10th pay warrants
insofar as possible.
All Employee SDI benefit checks received, but not signed over to the County, by June 30,
1994, will be returned to the employee. All employee SDI benefit checks received after
June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy
back will be made, regardless of the calendar period to which the benefit checks pertain.
Program transfer to departmental payroll staff will be effective July 1, 1994 for the month of
July with the first computation of SDI benefits and integration with sick leave under the new
program made on the August 10, 1994 pay warrants covering the July 1994 payroll period.
14.14 Disability Insurance Review Committee. The County shall establish a Disability
Insurance Review Committee consisting of one (1) representative from each employee
organization and four (4) management representatives to review and recommend to the
Director of Human Resources the feasibility of implementing a self -funded and self-
administered disability insurance program.
14.15 Employee Annual 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. A chest x-ray will be required if the
employee has previously had a positive reaction to a tuberculosis skin test. However,
employees will not be required to take x-ray exams in excess of what is required by
applicable Federal and State laws.
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, said employee will be relocated to an indirect patient contact area.
SECTION 15 – CATASTROPHIC LEAVE BANK
15.1 Program Design. The County Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of
the employee or family member. The program establishes and maintains a Countywide
bank wherein any employee who wishes to contribute may authorize that a portion of
his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday
be deducted from those account(s) and credited to th e 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 rem ain in paid status for a longer
period of time, thus partially ameliorating the financial impact of the illness, injury, or
condition.
Catastrophic illness or injury is defined as a critical medical condition, a long -term major
physical impairment or disability which manifests itself during employment.
SECTION 15 – CATASTROPHIC LEAVE BANK
SEIU 1021 R&F -50- 2013-2016
15.2 Operation.
A. 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 as
necessary to consider all requests for credits and shall make determinations as to
the appropriateness of the request. The committee shall determine the amount of
accruals to be awarded for employees whose donations are non -specific.
Consideration of all requests by the committee will be on an anonymous requestor
basis.
B. 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.
C. 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, ha ve
applied for a medical leave of absence and have medical verification of need.
D. Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less than
four (4) hours per donations from balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time accounts. Employees who elect
to donate to a specific individual shall have seventy-five percent (75%) of their
donation credited to the individual and twenty-five percent (25%) credited to the
Catastrophic Leave Bank.
E. 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.
F. Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred twenty
(120) hours per calendar year.
G. 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.
H. 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 months. The committee will be entitled to limit
benefits in accordance with available contributions and to choose from among
SECTION 16 – LEAVE OF ABSENCE
SEIU 1021 R&F -51- 2013-2016
eligible applicants, on an anonymous basis, those who will receive benefits, except
for hours donated to a specific employee. In the event a donation is made to a
specific employee and the committee determines the employee does not meet the
Catastrophic Leave Bank criteria, the donating employee may authorize the hours to
be donated to the bank or returned to the donor’s account. The donating employee
will have fourteen (14) calendar days from notification to submit his/her decision
regarding the status of their donation, or the hours will be irrevocably transferred to
the Catastrophic Leave Bank.
I. 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;
provided, however, that leaves for pregnancy, pregnancy disability, serious health
conditions, and family care shall be granted in accordance with applicable state and federal
law.
16.2 General Administration – Leaves of Absence. Requests for leave of absence
without pay shall be made upon forms prescribed by the Director of Human Resources and
shall state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's usefulness on
return to the position;
5. for other reasons or circumstances acceptable to the appointing authority.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five (5)
days of learning of the event by which the need for family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The procedure in
granting extensions shall be the same as that in granting the original leave, provided
SECTION 16 – LEAVE OF ABSENCE
SEIU 1021 R&F -52- 2013-2016
that the request for extension must be made not later than thirty (30) calendar days
before the expiration of the original leave.
D. Nevertheless, a leave of absence for the employee's serious health condition or for
family care (FMLA) shall be granted to an employee who so requests it for up to
eighteen (18) weeks during a “rolling” twelve (12) month period measured backward
from the date an employee uses his/her FMLA leave in accordance with Section
16.5 below.
E. Whenever an employee who has been granted a leave without pay desires to return
before the expiration of such leave, the employee shall submit a request to the
appointing authority in writing at least fifteen (15) days in advance of the proposed
return. Early return is subject to prior approval by the appointing authority. The
Human Resources Department shall be notified promptly of such return.
F. Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, disability, or serious health condition, the decision of the appointing
authority granting or denying a leave or early return from leave shall be subject to
appeal to the Director of Human Resources and not subject to appeal through the
grievance procedure set forth in this MOU.
16.3 Furlough Days Without Pay. The existing VTO program shall be continued for the
life of the contract.
16.4 Military Leave. Any employee who has permanent status and 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 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, if necessary, in accordance with applicable state or federal laws. Upon the
termination of such service or upon honorable discharge, the employee shall be entitled to
return to his/her position in the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such absence,
suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the
time of such leave, nor shall the employee be prejudiced thereby with reference to salary
adjustments or continuation of employment. For purposes of determining eligibility for
salary adjustments or seniority in case of layoff or promotional examination, time on military
leave shall be considered as time in County service.
Any employee who has been granted a military leave, ma y upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as the
Director of Human Resources may deem necessary.
16.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in
a “rolling” twelve (12) month period measured backward from the date the employee uses
SECTION 16 – LEAVE OF ABSENCE
SEIU 1021 R&F -53- 2013-2016
his/her FMLA leave, any employee who has permanent status shall be entitled to at least
eighteen (18) weeks (less if so requested by the employee) leave for:
a. medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position; or
b. family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness or health
condition of a child, parent, spouse, or domestic partner of the employee.
16.6 Certification. The employee may be asked to provide certification of the need for
family care leave or medical leave. Additional period(s) of family care or medical leave may
be granted by the appointing authority.
16.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken
periods, intermittently on a regular or irregular basis, or may include reduced work
schedules depending on the specific circumstances and situations surrounding the request
for leave. The eighteen (18) weeks may include use of appropriate available paid leave
accruals when accruals are used to maintain pay status, but use of such accruals is not
required beyond that specified in Section 16.12 below. When paid leave accruals are used
for a medical or family care leave, such time shall be counted as a part of the eighteen (18)
week entitlement.
16.8 Aggregate Use for Spouses. In the situation where husband and wife are both
employed by the County, the family care of medical leave entitlement based on the birth,
adoption or foster care of a child is limited to an aggregate for both employees together of
eighteen (18) weeks during a “rolling” twelve (12) month period measured backward from
the date the employee uses his/her FMLA leave . Employees requesting family care leave
are required to advise their appointing authority(ies) when their spouse is also employed by
the County.
16.9 Definitions. For medical and family care leaves of absence under this section, the
following definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a
child who is under eighteen (18) years of age for whom an employee stands in loco
parentis or for whom the employee is the guardian or conservator, or an adult
dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the
employee is not related and with whom the employee resides and shares the
common necessities of life.
SECTION 16 – LEAVE OF ABSENCE
SEIU 1021 R&F -54- 2013-2016
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 r ender care
or supervision;
4. a statement that the serious health condition warrants the participation of a
family member to provide care during period of treatment or supervision;
5. if for intermittent leave or a reduced work schedule leave, the certif ication
should indicate that the intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist in their recovery, and its
expected duration.
G. Certification for Medical Leave: A written communication from a health care
provider of an employee with a serious health condition or illness to the employer,
which need not identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of the
employee's job;
4. if for intermittent leave or a reduced work schedule leave, the certification
should indicate the medical necessity for the intermittent leave or reduced
leave schedule and its expected duration.
H. Comparable Positions: A position with the same or similar duties and pay which can
be performed at the same or similar geographic location as the position held prior to
the leave. Ordinarily, the job assignment will be the same duties in the same
program area located in the same city, although specific clients, caseload, co -
workers, supervisor(s), or other staffing may have changed during an employee's
leave.
SECTION 16 – LEAVE OF ABSENCE
SEIU 1021 R&F -55- 2013-2016
16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 14.3.D - Sick Leave Utilization for Pregnancy Disability, that time will not be
considered a part of the eighteen (18) week family care leave period.
16.11 Group Health Plan Coverage. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their health
plan coverage with the County contribution by maintaining their employment in pay status
as described in Section 16.12. During the eighteen (18) weeks of an approved medical or
family care leave under Section 16.5 above, the County will continue its contribution for
such health plan coverage even if accruals are not available for use to maintain pay status
as required under Section 16.12. In order to maintain such coverage, employees are
required to pay timely the full employee contribution to maintain their group health plan
coverage, either through payroll deduction or by paying the County directly.
16.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to 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 accrua ls used on a
monthly basis at the employee's discretion. After the first twelve (12) months, the
leave period may not be "broken" into segments and accruals may not be used,
except when required by LTD Benefit Coordination or SDI/Sick Leave Integration
Section 14.8 – State Disability Insurance, or as provided in the sections below.
B. Family Care or Medical Leave (FMLA). During the eighteen (18) weeks of an
approved medical or family care leave, if a portion of that leave will be on a leave of
absence without pay, the employee will be required to use at least 0.1 hour of sick
leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick
Leave), vacation floating holiday, compensatory time off or other accruals or
entitlements if such are available, although use of additional accruals is permitted
under subsection A. above.
C. Leave of Absence/Long-Term Disability (LTD) Benefit Coordination. An eligible
employee who files an LTD claim and concurrently takes a leave of absence without
pay will be required to use accruals as provided in Section B herein during the
eighteen (18) week entitlement period of a medical leave specified above. If an
eligible employee continues beyond the eighteen (18) weeks entitlement period on a
concurrent leave of absence/LTD claim, the employee may choose to maintain
further pay status only as allowed under subsection A. herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave.
SECTION 16 – LEAVE OF ABSENCE
SEIU 1021 R&F -56- 2013-2016
16.13 Leave of Absence Replacement and Reinstatement. Any permanent employee
who requests reinstatement to the classification held by the employee in the same
department at the time the employee was granted a leave of absence, shall be reinstated to
a position in that classification and department and then only on the basis of seniority. In
case of severance from service by reason of the reinstatement of a permanent employee,
the provisions of Section 11.E - Seniority, Workforce Reduction, Layoff, and Reassignment
shall apply.
16.14 Leave of Absence Return. In the Department of Employment and Human Services
an employee shall have the right to return to the same class, building, and assignment
(position control number) if the return to work is within eighty-nine (89) consecutive days
from the initial date the employee started leave of absence. At such time the leave of
absence is approved by the Appointing Authority, the Department of Employment and
Human Services shall notify the employee of the final date by which they shall return to be
assigned to the same position control number.
16.15 Reinstatement From Family Care Medical Leave. In the case of a family care or
medical leave, an employee on a 5/40 schedule shall be reinstate d to the same or
comparable position if the return to work is after no more than ninety (90) workdays of leave
from the initial date of a continuous leave, including use of accruals, or within the equivalent
on an alternate work schedule. A full-time employee taking an intermittent or reduced work
schedule leave shall be reinstated to the same or comparable position if the return to work
on a full schedule is after no more than seven hundred twenty (720) hours, including use of
accruals, of intermittent or reduced schedule leave. At the time the original leave is
approved, the appointing authority shall notify the employee in writing of the final date to
return to work, or the maximum number of hours of leave, in order to guarantee
reinstatement to the same or comparable position. An employee on a schedule other than
5/40 shall have the time frame for reinstatement to the same or comparable position
adjusted on a pro rata basis.
16.16 Salary Review While on Leave of Absence. The salary of an employee who is on
leave of absence from a County position on any anniversary date and who has not been
absent from the position on leave without pay more than six (6) months during the
preceding year shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military leave.
16.17 Unauthorized Absence. An unauthorized absence from the work site or failure to
report for duty after a leave request has been disapproved, revoked, or cancelled by the
appointing authority, or at the expiration of a leave shall be without pay. Such absence
may also be grounds for disciplinary action.
16.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain
in effect.
16.19 Time Off to Vote. Employees represented by the Union who do not have sufficient
time outside of working hours to vote at a statewide election, may, without loss of pay, take
off enough working time which will enable the employee to vote.
SECTION 17 – JURY DUTY AND WITNESS DUTY
SEIU 1021 R&F -57- 2013-2016
No more than two (2) hours of the time taken off for voting shall be without loss of pay. The
time off for voting shall be only at the beginning or end of the regular working shift,
whichever allows the most free time for voting and the least time off from the reg ular
working shift.
Any employee seeking time off to vote under the provisions of this Section, must submit a
written request, at least two (2) working days in advance, to his or her immediate
supervisor, stating the following: name; job classification; department; a statement "I am a
registered voter"; geographic location and address of the employee's polling place; amount
of time off requested and whether it is to be at the beginning or end of the employee's
regular workday; and a clear statement as to why the employee is unable to vote during the
regular hours that the polls are open.
SECTION 17 – JURY DUTY AND WITNESS DUTY
17.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an
employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to discharge
their jury duty responsibilities. Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
If summoned for jury duty in a Superior, or Federal Court, or a Coroners jury, employees
may remain in their regular County pay status, or they may take paid leave (vacation,
floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them.
When an employee is summoned for jury duty selection or is selected as a juror in a
Superior or Federal Court, employees may remain in a regular pay status if 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 a re waived or surrendered. The
employee shall furnish the certificate to his department where it will be
retained as a department record. No "Absence/Overtime Record" is required.
b. An employee who elects to retain all fees must take leave (vacation, flo ating
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.
SECTION 18 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 R&F -58- 2013-2016
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 allowances) or they make take vacation leave or leave without pay and retain
all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g., accident
suits and family relations) shall take vacation leave or leave without pay and retain all
witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury duty
as set forth in Section 17.1 of this MOU. Employees shall advise their department as soon
as possible if scheduled to appear for witness duty. Permanent-intermittent employees are
entitled to paid witness duty only for those days on which they were previously scheduled
to work.
SECTION 18 - HEALTH, LIFE & DENTAL CARE
18.1 Health Plan Coverages. The County will provide the medical and dental coverage
for permanent employees regularly scheduled to work twenty (20) or more hours per week
and for their eligible family members, expressed in one of the Health Plan contracts and
one of the Dental Plan contracts between the County and the following providers:
a. Contra Costa Health Plans (CCHP)
b. Kaiser Permanente Health Plan
c. Health Net
d. Delta Dental
e. DeltaCare (PMI)
Employee Co-pays for these plans are shown on Attachment B.
18.2 Monthly Premium Subsidy:
A. For each health and/or dental plan, the County’s monthly premium subsidy is a set
SECTION 18 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 R&F -59- 2013-2016
dollar amount and is not a percentage of the premium charged b y the plan. The
County will pay the following monthly premium subsidy:
1. Contra Costa Health Plans (CCHP), Plan A
Single: $509.92
Family: $1,214.90
2. Contra Costa Health Plans (CCHP), Plan B
Single: $528.50
Family: $1,255.79
3. Kaiser Permanente Health Plan
Single: $478.91
Family: $1,115.84
4. Health Net HMO
Single: $627.79
Family: $1,540.02
5. Health Net PPO
Single: $604.60
Family: $1,436.25
6. Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7. Delta Dental with Kaiser or Health Net
Single: $34.02
Family: $76.77
8. Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
9. DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
10. DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11. DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
SECTION 18 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 R&F -60- 2013-2016
B.If the County contracts with a health and/or dental plan provider not listed above, the
amount of the premium subsidy that the County will pay to that health and/or dental plan
provider for employees and their eligible family members shall not exceed the amount of
the premium subsidy that the County would have pa id to the former plan provider.
C.In the event that the County premium subsidy amounts are greater than one hund red
percent (100%) of the applicable premium of any health and/or dental plan, for any plan
year, the County’s contribution will not exceed one hundred percent (100%) of the
applicable plan premium.
18.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement, eligible employees and their eligible family members
may remain in their County health/dental plan, but without County-
paid life insurance coverage, if immediately before their proposed
retirement the employees and dependents are either active
subscribers to one of the County contracted health/dental plans or if
while on authorized leave of absence without pay, they have retained
continuous coverage during the leave period. The County will pay the
health/dental plan monthly premium subsidies set forth in Section 18.2
for eligible retirees and their eligible family members.
2. Any person who becomes age 65 on or after January 1, 2010 and
who is eligible for Medicare must immediately enroll in Medicare Parts
A and B.
3. For employees hired on or after January 1, 2010 and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health and/or dental plan after they separate from
County employment. However, any such eligible employee who
retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a county
health or dental plan provided that (i) he or she begins to receive a
monthly retirement allowance from CCCERA within 120 days of
separation from County employment and (ii) he or she pays the full
premium cost under the health and/or dental plan without any County
premium subsidy.
B. Employees Who File For Deferred Retirement: Employees, who resign and
file for a deferred retirement and their eligible family members, may continue
in their County group health and/or dental plan under the following conditions
and limitations.
1. Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
SECTION 18 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 R&F -61- 2013-2016
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937 Retirement
Act provisions;
b. be an active member of a County group health and/or dental
plan at the time of filing their deferred retirement application and
elect to continue plan benefits;
c. be eligible for a monthly allowance from the Retirement System
and direct receipt of a monthly allowance within twenty-four (24)
months of application for deferred retirement; and
d. file an election to defer retirement and to continue health benefits
hereunder with the County Benefits Division within thirty (30)
days before separation from County service.
4. Deferred retirees who elect continued health benefits hereunder and
their eligible family members may maintain continuous membership in
their County health and/or dental plan group during the period of
deferred retirement by paying the full premium for health and dental
coverage on or before the 10th of each month, to the Contra Costa
County Auditor-Controller. When the deferred retirees begin to
receive retirement benefits, they will qualify for the same health and/or
dental coverage pursuant to subsection A above, as similarly situated
retirees who did not defer retirement.
5. Deferred retirees may elect retiree health benefits hereunder without
electing to maintain participation in their County health and/or dental
plan during their deferred retirement period. When they begin to
receive retirement benefits they will qualify for the same health and/or
dental coverage pursuant to subsection A, above, as similarly situated
retirees who did not defer retirement, provided reinstatement to a
County group health and/or dental plan will only occur following a
three (3) full calendar month waiting period after the month in which
their retirement allowance commences.
6. Employees who elect deferred retirement will not be eligible in any
event for County health and/or dental plan subvention unles s the
member draws a monthly retirement allowance within twenty-four (24)
months after separation from County service.
7. Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for retiree health/dental coverage,
as similarly situated retirees who did not defer.
C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsections A and B, above, upon
SECTION 18 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 R&F -62- 2013-2016
completion of fifteen (15) years of service as an employee of Contra Costa
County. For purposes of retiree health eligibility, one year of service is
defined as one thousand (1,000) hours worked within one anniversary year.
The existing method of crediting service while an employee is on an
approved leave of absence will continue for the duration of this Agreement.
D. Subject to the provisions of Section 18.3 subparts A, B, and C and upon
retirement and for the term of this Agreement, the following employees (and
their eligible family members) are eligible to receive a monthly premium
subsidy for health and/or dental plans or are eligible to retain continuous
coverage of such plans: employees, and each employee who retires from a
position or classification that was represented by this bargaining unit at the
time of his or her retirement.
E. For purposes of this Section 18.3 only, “eligible family members” does not
include Survivors of employees or retirees.
18.4 Health Plan Coverages and Provisions: The following provisions are applicable
regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent part-
time employees working nineteen (19) hours per week or less may
participate in the County Health and/or Dental plans (with the associated life
insurance benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan through
the last day of the month in which he/she separates. Employees who
separate from County employment may continue group health and/or dental
plan coverage to the extent provided by the COBRA laws and regulations.
18.5 Family Member Eligibility Criteria: The following persons may be enrolled as the
eligible Family Members of a medical and/or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s
attainment of age 19.
SECTION 18 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 R&F -63- 2013-2016
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50% of the
year excluding time living at school; and,
ii. Receives at least 50% of support from Employee; and,
iii. Is enrolled and attends school on a full-time basis, as
defined by the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
18.6 Dual Coverage:
A. Each employee and retiree may be covered only by a single County health
(and/or dental) plan, including a CalPERS plan. For example, a County
employee may be covered under a single County health and/or dental plan
as either the primary insured or the dependent of another County employee
or retiree, but not as both the primary insured and the dependent of another
County employee or retiree.
B. All dependents, as defined in Section 18.5, Family Member Eligibility Criteria,
may be covered by the health and/or dental plan of only one spouse or one
domestic partner. For example, when both husband and wife are County
employees, all of their eligible children may be covered as dependents of
either the husband or the wife, but not both.
SECTION 18 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 R&F -64- 2013-2016
C. For purposes of this Section 18.6 only, “County” includes the County of
Contra Costa and all special districts governed by the Board of Supervisors,
including, but not limited to, the Contra Costa County Fire Protection District.
18.7 Life Insurance Benefit Under Health and Dental Plans: For employees who are
enrolled in the County’s program of medical or dental coverage as either the primary or the
dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be
provided by the County.
18.8 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 thousand ($100,000) is a
guaranteed issue, provided the election is made within the required enrollment periods.
18.9 Health Care Spending Account. After six (6) months of permanent employment,
full time and part time (20/40 or greater) employees may elect to participate in a Health
Care Spending Account (HCSA) Program designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA
Program allows employees to set aside a predetermined amount of money from their pay,
not to exceed the maximum amount authorized by federal law, per calendar year, of before
tax dollars, for health care expenses not reimbursed by any other health benefit plans.
HCSA dollars may be expended on any eligible medical expenses allowed by Internal
Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by
the employee
18.10 PERS Long-Term Care: The County will deduct and remit monthly premiums to the
PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to
purchase long-term care at their personal expense through the PERS Long-Term Care
Program.
18.11 Dependent Care Assistance Program: The County offers the option of enrolling in
a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under
Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The
program allows employees to set aside up to five thousand dollars ($5,000) of annual
salary (before taxes) per calendar year to pay for eligible dependent care (child and elder
care) expenses. Any unused balance is forfeited and cannot be recovered by the
employee.
18.12 Premium Conversion Plan: The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code,
but tax savings are not guaranteed. The program allows employees to use pre-tax dollars
to pay health and dental premiums.
18.13 Prevailing Section: To the extent that any provision of this Section (Section 18 -
Health, Life & Dental Care) is inconsistent with any provision of any other County
enactment or policy, including but not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management Regulations, or any other agreement or order of
SECTION 19 – RETIREMENT CONTRIBUTION
SEIU 1021 R&F -65- 2013-2016
the Board of Supervisors, the provision(s) of this Section (Section 18 - Health, Life & Dental
Care) will prevail.
18.14 Rate Information. The County Benefits Division will make health and dental plan
rate information available upon request to employees and departments. In addition, the
County Benefits Division will publish and distribute to employees and departments
information about rate changes as they occur during the year.
18.15 Partial Month. The County's contribution to the health plan premium is payable for
any month in which the employee is paid. If an employee is not paid en ough compensation
in a month to pay the employee share of the premium, the employee must make up the
difference by remitting the amount delinquent to the Auditor-Controller. The responsibility
for this payment rests with the employee. If payment is not mad e, the employee shall be
dropped from the health plan.
18.16 Coverage During Absences.
Employees shall be allowed to maintain their health plan coverage at the County group rate
for twelve (12) months if on approved leave of absence provided that the emp loyee shall
pay the entire premium (i.e. both employer and employee share) for the health plan during
said leave. Said payment shall be made by the employee at a time and place specified by
the County. Late payment shall result in cancellation of health pl an coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA)
provided the employee pays the entire cost of coverage, plus any administ rative 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.
18.17 Health Plan Re-Opener. This agreement will open on April 1, 2015, for the limited
purpose of bargaining over Section 18, Health, Life, and Dental Care, to explore changes
effective in the 2016 Plan year.
The County is committed to evaluating alternative approaches to sharing health care
premiums for the 2016 Plan year, taking into consideration any effect on its budget.
During the reopener, the County will not propose reducing the current dollar amount of the
County's premium subsidy for health plans and will not unilaterally impose a reduction in
the current dollar amount of the County's health plan premium subsidy for the 2016 Plan
year.
In the event the parties fail to reach an agreement by January 1, 2016, and not
withstanding Section 25.6, (No Strike) the Union reserves the right to strike with respect to
the subject of the reopener.
SECTION 19 – RETIREMENT CONTRIBUTION
SECTION 19 – RETIREMENT CONTRIBUTION
SEIU 1021 R&F -66- 2013-2016
19.1 Contribution. Effective on January 1, 2012, employees are responsible for the
payment of one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra Costa County
Employees’ Retirement Association. Employees are also responsible for the payment of the
employees' contributions to the retirement cost of living program as determined annually by
the Board of Retirement, without the County paying any part of the employees’
contributions. Except as provided in section 19.3 (Safety Employees Retirement)
subsection A, the County is responsible for one hundred percent (100%) of the employer’s
retirement contributions determined annually by the Board of Retirement.
19.2 Retirement Benefit - Non-Safety Employees who become New Members of
CCCERA on or After January 1, 2013.
A. For non-safety 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.
B. 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 who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
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 non-safety
employees who, under PEPRA, become New Members of CCCERA. The Union will
support the legislation.
19.3 Safety Employees Retirement
A. Tier A Enhanced Retirement Benefits – Safety Employees Hired or Re-hired
Before January 1, 2013, or who, under PEPRA, do not become New
Members of CCCERA.
1.For employees who are hired or rehired by the County before January 1, 2013, or
who are initially hired after that date but, under PEPRA, do not become New
Members, and who are safety members of CCCERA, the retirement formula shall be
“3 percent at 50". The cost of living adjustment (COLA) to the retirement allowance
of these employees shall not exceed three percent (3%) per year. The final
compensation of these employees will be based on a twelve (12) month salary
average. This retirement benefit is known as Tier A. Each employee in Tier A will
pay nine percent (9%) of his or her retire ment base to pay part of the employer’s
contribution for the cost of this Tier A safety retirement benefit. Such payments will
be made on a pre-tax basis in accordance with applicable tax laws. “Retirement
SECTION 20 – PROBATIONARY PERIOD
SEIU 1021 R&F -67- 2013-2016
base” means base salary and other payments, such as salary differential and flat
rate pay allowances, used to compute retirement deductions.
a.Effective January 1, 2014, and through December 31, 2014, each employee
in Tier A will pay four and one-half percent (4.5%) of his or her retirement
base to pay part of the employer’s contribution for the cost of the Tier A
retirement benefit. Employees who, after January 1, 2014, continued to pay
nine percent (9%) of their retirement base to pay part of the employer’s
contribution for the cost of the Tier A retirement benefit, will have the four and
one-half percent (4.5%) difference that the employees paid between January
1, 2014, and date the MOU is adopted by the Board of Supervisors, refunded
as a retirement deduction adjustment on their May 10, 2014 pay.
b.Effective January 1, 2015, and through June 30, 2015, each employee in Tier
A will pay two and a quarter percent (2.25%) of his or her retirement base to
pay part of the employer’s contribution for the cost of the Tier A retirement
benefit.
c. Effective June 30, 2015 at 11:59 p.m., the employee’s payment of two and a
quarter percent (2.25%) of his/her retirement base to pay part of the
employer’s contribution for the cost of the Tier A retirement benefit will cease.
2.Subsection A, subpart (1) above, applies to employees who, under PEPRA,
become reciprocal members of CCCERA, as determined by CCCERA.
B. Safety Retirement Benefit – Employees who become Safety New Members
of CCCERA on or after January 1, 2013.
1.For employees who, under PEPRA, become Safety New Members of
CCCERA 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.PEPRA Safety Option Plan Two (2.7% @ 57) applies to these employees
who, under PEPRA, become Safety New Members of CCCERA. For such
employees hired by the County on or after June 30, 2014, 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.
SECTION 20 – PROBATIONARY PERIOD
20.1 Duration. All appointments from officially promulgated employment lists for original
entrance and promotion shall be subject to a probationary period. For original entrance
appointments, the probationary period shall be from nine (9) months to two (2) years
duration. For promotional appointments, the probation period shall be from six (6) months
to two (2) years duration.
SECTION 20 – PROBATIONARY PERIOD
SEIU 1021 R&F -68- 2013-2016
20.2 Classes With Probation Periods Over Six/ Nine Months. Listed below are those
classes represented by the Union which have probation periods in excess of nine (9)
months for original entrance appointments and six (6) mon ths for promotional
appointments:
None.
20.3 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
20.4 Criteria. The probationary period shall commence from the date of appointment. It
shall not include time served in provisional or temporary appointments or any period of
continuous unpaid absence exceeding fifteen (15) calendar days, except as otherwise
provided by law.
For those employees appointed to permanent-intermittent positions with a nine (9) months
probation period, probation will be considered completed upon serving fifteen hundred
(1,500) hours after appointment except that in no instance will this period be less than nine
(9) calendar months from the beginning of probation. If a permanent-intermittent
probationary employee is reassigned to full time, credit toward probation completion in the
full-time position shall be prorated on the basis of one hundred seventy-three (173) hours
per month.
20.5 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if subsequently
certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this section, an
employee (probationer) shall have the right to appeal from any rejection during the
probationary period based on political or religious affiliations or opinions, Union
activities, or race, color, national origin, sex, age, disability, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
Subsection A and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery
to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cau se 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 be
SECTION 20 – PROBATIONARY PERIOD
SEIU 1021 R&F -69- 2013-2016
reinstated in the position and the appellant shall begin a new probationary period
unless the Merit Board specifically reinstates the former period.
20.6 Regular Appointment. The regular appointment of a probationary employee will
begin on the day following the end of the probationary period . A probationary employee
may be rejected at any time during the probation period without regard to the Skelly
provisions of this MOU, without notice and without right of appeal or hearing , except as
provided in Section 20.5.A.
Notwithstanding any other provisions of the MOU, an employee rejected during the
probation period from a position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months after being
promoted or transferred from a position in the Merit System to a position not included in the
Merit System shall be restored to a position in the classification in the department from
which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall not
be restored to the eligible list from which the employee was certified unless the employee
receives the affirmative recommendation from the appointing authority and is certified by
the Director of Human Resources whose decision is final. The Director of Human
Resources shall not certify the name of a person restored to the eligible list to the same
appointing authority by whom the person was rejected from the same eligible list, unless
such certification is requested in writing by the appointing authority.
20.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete only
the balance of the required probation.
If reemployed in another department or in another classification, the employee shall serve a
full probationary period. An employee appointed to a permanent position from a layoff or
reemployment list is subject to a probation period if the position is in a department other
than the department from which the employee separated, displaced, or voluntarily demoted
in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a
probation period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
20.8 Rejection During Probation of Layoff Employee. An employee who has achieved
permanent status in the class before layoff and who subsequently is appointed from the
layoff list and then rejected during the probation period sha ll 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 21 – PROMOTION
SEIU 1021 R&F -70- 2013-2016
SECTION 21 – PROMOTION
21.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
21.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
21.3 Open Exam. If an examination for one of the classes represented by the Union is
proposed to be announced on an open only basis, the Director of Human Resources shall
give five (5) days prior notice of such proposed announcement and shall meet at the
request of the Union to discuss the reasons for such open announcement.
21.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
b. The incumbent of the position must have performed at the higher level for 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 Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
21.5 Requirements for Promotional Standing. In order to qualify for an examination
called on a promotional basis, an employee must have probationary or 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.
21.6 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 of one percent
(.05%) for each completed month of service as a permanent County employee continuously
preceding the final date for filing application for said examination. For purposes of seniority
SECTION 22 – TRANSFER
SEIU 1021 R&F -71- 2013-2016
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.
21.7 Promotional Employment List-Rule of Five. On each request for personnel from
a promotional employment list for a class, five (5) names shall be certified. If more than
one (1) position is to be filled in such class in a department at the same time and from the
same request for personnel, the number of names to be certified from such promotional
appointment list shall be equal to the number of positions to be filled plus four (4).
21.8 Position Reclassification. 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 22 – TRANSFER
22.1 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.
22.2 Transfer Without Examination. With the approval of the appropriate appointing
authority/authorities and the consent of the employee, the Director of Human Resources
may transfer an employee from one job classification to another job classification without
examination under the following conditions:
A. the duties and responsibilities of the position from which the employee is be ing
transferred are within the occupational area or directly associated with the duties
and responsibilities of the position to which the employee is being transferred.
B. the employee must possess the minimum qualifications for the job classification to
which the employee is being transferred.
SECTION 23 – RESIGNATIONS
SEIU 1021 R&F -72- 2013-2016
C. the employee must serve the probationary period required for the classification into
which the employee is being transferred.
D. an employee rejected during the probationary period or who resigns during the
probationary period for other than disciplinary reasons shall have the right at that
time to be restored to a position in the classification in the department from which
the employee was transferred.
The Director of Human Resources, upon request, will provide written justification for
invoking this section.
22.3 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. The Director of Human Resources shall, if he or she considers that the
reasons are adequate and that the transfer will be for the good of the County service and
the parties involved, inform the appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in accomplishing the transfer.
SECTION 23 – RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations shall
be forwarded to the Human Resources Department by the appointing authority immediately
on receipt, and shall indicate the effective date of termination. Oral resignation shall be
immediately confirmed by the appointing authority in writing to the employee and to the
Human Resources Department and shall indicate the effective date of termination.
23.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period, up to four (4) weeks, for a specific reason, or
consents to the employee's terminating on shorter notice) is a resignation in good standing.
23.2 Constructive Resignation. A constructive resignation occurs and is effective when:
A. An employee has been absent from duty for five (5) consecutive working days
without leave; and
B. five (5) more consecutive working 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.
C. The letter to the employee will include a document that gives the employee the
option of authorizing the County to provide his/her union with a copy of the
constructive resignation letter. If the employee signs the authorization doc ument
and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the constructive resignation letter to the
employee’s union, as authorized.
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
SEIU 1021 R&F -73- 2013-2016
23.3 Effective Resignation. A resignation is effective when delivered or spoken to the
appointing authority, operative either on that date or on another date specified.
23.4 Revocation. A resignation that is effective is revocable only by written concurrence
of the employee and the appointing authority, except that an oral resignation rescinded in
writing by the end of the workday following the oral resignation will be accepted by the
appointing authority.
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy 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
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 25 –
Grievance Procedure of the MOU beginning with Step C.
D. Disposition. If a final decision is rendered that determines that the resignation was
coerced, the resignation shall be deemed revoked and the employee returned to
duty effective on the day following the decision but without loss of seniority or pay,
subject to the employee's duty to mitigate damages.
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
24.1 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 conduct,
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
SEIU 1021 R&F -74- 2013-2016
E. incompetence or inefficiency,
F. insubordination,
G. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
H. neglect of duty, i.e. non-performance of assigned responsibilities
I. negligent or willful damage to public property or waste of public supplies or
equipment,
J. violation of any lawful or reasonable regulation or order given by a supervisor
or Department Head,
K. willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations,
L. material and intentional misrepresentation or 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.
24.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a
disciplinary action to dismiss, suspend for more than three (3) work days, temporarily
reduce the pay of, or demote an employee, the appointing authority shall cause to be
served personally or by certified mail, on the employee, a Notice of Proposed Action, which
shall contain the following:
A. A statement of the action proposed to be taken.
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
SEIU 1021 R&F -75- 2013-2016
B. A copy of the charges; including the acts or omissions and grounds upon
which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule 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.
In addition to the Notice of Proposed Action, the appointing authority will serve the
employee with a document that gives the employee the option of authorizing the County to
provide his/her union with a copy of the Notice of Proposed Action. If the employee signs
the authorization document and returns it to the appointing authority, the appoi nting
authority will thereafter, within one work day, provide a copy of the employee’s Notice of
Proposed Action to his/her union, as authorized.
In addition to the Order and Notice, the appointing authority will serve the employee with a
document that gives the employee the option of authorizing the County to provide his/her
union with a copy of the Order and Notice. If the employee signs the authorization
document and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the employee’s Order and Notice to his/her union,
as authorized.
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 auth ority 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 any extension, the right to
respond is lost.
24.3 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven (7) days, the appointing authority for cause specified in writing
may place the employee on temporary leave of absence, with pay.
24.4 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days
unless ordered by an arbitrator, an adjustment board or the Merit Board.
24.5 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
provisions of Section 24.2 - Skelly Requirements, where applicable, the appointing
authority shall make an order in writing stating specifically the causes for the action.
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 R&F -76- 2013-2016
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 25 - 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 25 – Grievance Procedure of this MOU.
24.6 Employee Representation Rights. The County recognizes an employee’s right to
representation during an investigatory interview or meeting that may result in discipline.
The County shall not interfere with the representative’s right to assist an employee to clarify
the facts during the interview. If the employee requests a union representative, the
investigatory interview shall be temporarily recessed for a reasonable period of time until a
union representative can be present. For those interviews, which by nature of the incident
must take place immediately, the union will take reasonable steps to make a union
representative immediately available.
The employer shall inform the employee of the general nature of the investigation at the
time the employer directs the employee to be interviewed.
SECTION 25 – GRIEVANCE PROCEDURE
25.1 Definition and Procedure. A grievance is any dispute which involves the
interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU which 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. 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 or designee, who shall meet with the grievant
within five (5) work days of receipt of a written request to hold such meeting. Grievances
challenging suspensions, reductions in pay, demotions and terminations may be filed at
Step 3 within the time frame set forth above.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may
submit the grievance in writing within ten (10) work days to such management official as the
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 R&F -77- 2013-2016
Department Head may designate. This formal written grievance shall state which provision
of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation
has affected the grievant to the grievant's detriment, and the redress he or she seeks. A
copy of each written communication on a grievance shall be filed with the Director of
Human Resources. The Department Head or his or her designee shall have ten (10) work
days in which to respond to the grievance in writing. If either the union or grievant request a
meeting with the Department Head or his/her designee at this step, such a meeting will be
held.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the union may appea l
in writing within ten (10) work days to the Director of Human Resources. The Director of
Human Resources or his/her designee shall have twenty (20) work days in which to
investigate the merits of the complaint and to meet together at the same time with t he
Department Head or his/her designee, the grievant, and the union. For grievances involving
interpretation of this MOU, the Director of Human Resources or his/her designee will decide
the grievance on its merits and provide the grievant, the union, and the Department with a
written decision within fifteen (15) workdays of the date of the Step 3 Meeting, unless more
time is granted by mutual agreement.
For grievances involving appeals from disciplinary action, the Director of Human Resources
or designee will attempt to resolve the grievance. In the event that the grievance is not
resolved, the Director of Human Resources or designee will provide written notice of that
fact to the grievant, the union, and the Department within fifteen (15) workdays of the date
of the Step 3 meeting, unless more time is granted by mutual agreement.
Step 4 Mediation. Grievances regarding discipline involving suspensions, demotions, or
reduction in pay will proceed directly to Step 5 - Expedited Board of Adjustment, at the
request of the Union. No grievance may be processed under this section which has not first
been filed and investigated in accordance with Step 3 above. If the parties are unable to
reach a mutually satisfactory accord on any grievance that is presented a t Step 3 the
union may appeal the grievance and request mediation in writing to the Director of Human
Resources or designee within ten (10)work days of the date of the written response at Step
3. This step of the grievance procedure may be waived by the written mutual agreement of
the parties.
Step 5 Arbitration. If the parties are unable to reach a resolution of the grievance at Step
4, either the Union or the County, whichever is the moving party, may require that the
grievance, except those referred to in Section 25.2 below, be referred to an impartial
arbitrator who shall be designated by mutual agreement between the Union and the Human
Resources Director. Such request shall be submitted within twenty (20) work days of the
completion of mediation at Step 4. Within twenty (20) work days of the request for
arbitration the parties shall mutually select an arbitrator who shall render a decision within
thirty (30) work days from the date of final submission of the grievance including receipt of
the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the
arbitrator and of the Court Reporter shall be shared equally by the Union and the County.
Each party, however, shall bear the costs of its own presentation, including preparation and
post hearing briefs, if any.
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 R&F -78- 2013-2016
25.2 Step 5. Expedited Board of Adjustment. If the County and the Union are unable
to reach a mutually satisfactory accord on any grievance of discipline involving
suspensions, demotions, or reduction in pay that arises and is presented during the term of
this MOU, such grievance may be submitted to the Expedited Board of Adjustment (EBA) in
writing in accordance with the procedures below. No grievance may be processed under
this Section that has not first been filed and processed in accordance with Step 3 of the
Grievance Procedure and delivered to the Director of Human Resources within ten (10)
work days of the date of the Step 3 written response by the Director of Human Resources
or his/her designee. By agreement of the Union and the Director of Human Resources or
his/her designee, grievances concerning contract interpretation may also be presented to
the EBA. All grievances submitted to the EBA will be resolved in accordance with the
following procedures:
Expedited Board of Adjustment (EBA)
a. The EBA will be composed of two (2) union representatives from the unions
participating in the EBA process, no more than one (1) of whom may be an
employee of the County, two (2) management members named by the County, and
an impartial arbitrator. The Unions and the County will each appoint three (3)
alternates who will serve as the voting members of the Board if a member(s) is/are
not available. A Union Alternate from a different Union will serve as the voting
member when the appointed Union Board member is from the same Union as the
grievant and a County Alternate will serve as a voting member when a County
Board member is from the same Department as the grievant. Each Board member
will serve for a twelve (12) month term except that one member and one alternate
initially appointed by each side will serve a six (6) month term so that Board member
terms are staggered.
b. The County and the Coalition Unions (hereafter “parties”) will choose an impartial
arbitrator to serve as the f ifth (5) member of the EBA and serve as a tie-breaker
when the EBA is deadlocked. The parties will select the Arbitrator by forwarding a
list of individuals acceptable to a party to the other party. The parties will continue
this process until an impartial arbitrator is selected. The Arbitrator will serve a one
year term, or longer, as agreed to by the parties in writing. However, the Arbitrator
may be replaced at any time by agreement between the parties. The Arbitrator will
render an immediate decision if the Board is deadlocked. All decisions rendered by
the EBA are final and binding upon the Employer, the Union, and the employee, to
the extent provided by law.
c. Decisions rendered by the EBA must be within the scope of, and may not vary from,
the express written terms of this Memorandum of Understanding.
d. The Union and the County will each pay one -half (1/2) of the arbitrator’s fees and
costs. If a majority of the EBA approves the services of a court reporter and/or other
special services, the Union and the County will each pay one-half (1/2) of such
expenses.
Procedures
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 R&F -79- 2013-2016
A. The EBA will convene on the fourth (4th) Wednesday of each month unless
otherwise scheduled by mutual agreement.
B. The EBA will develop and adopt written rules of procedure to govern t he conduct of
hearings by a majority vote.
C. Unless the EBA agrees otherwise by majority action, it will remain in session until all
grievances on the agenda have been heard.
D. All grievances that are received by the Director of Human Resources at least ten
(10) working days prior to the next scheduled session of the EBA will be placed on
the agenda for the next regular meeting. By majority vote, the EBA may upon
request of the Union or the County waive this provision.
E. Upon the request of the Union or the County, a continuance of a grievance will be
granted until the next session.
F. Licensed Attorneys will not participate as Board members, advocates, or advisors in
Board hearings unless the attorney is also a union business agent or Human
Resources staff.
G. Meetings will be convened at a central location agreed to by the Unions and the
County.
H. Materials to be presented at the EBA will not be shared with the Board members in
advance of convening the Board.
25.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment.
A. Decisions of Arbitrators and the Expedited Board of Adjustment, on matters properly
before them, are final and binding on the parties hereto, to the extent permitted by
law.
B. No Arbitrator or Expedited Board of Adjustment may entertain, hear, decide or make
recommendations on any dispute unless such dispute involves a position in a unit
represented by the Union which has been certified as the recognized employee
organization for such unit and under such dispute falls within the defin ition of a
grievance as set forth in Subsection 25.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend, or
terminate this MOU, nor any matter or subject arising out of or in connection with
such proposals, may be referred to arbitration under this Section. No Arbitrator or
Expedited Board of Adjustment has the power to amend or modify this MOU or
written agreements supplementary hereto or to establ ish any new terms or
conditions of employment.
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 R&F -80- 2013-2016
D. If the Director of Human Resources, pursuant to the procedures outlined in Step 3
above or Step 4 above resolves a grievance which involves suspension or
discharge, they may agree to payment for lost time or to reinstatement with or
without payment for lost time.
E. No change in this MOU or interpretations thereof (except interpretations resulting
from arbitration or Expedited Board of Adjustment proceedings hereunder) will be
recognized unless agreed to by the County and the Union.
25.4 Time Limits. The time limits specified above may be waived by mutual agreement
of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1
through 3 above, the grievance will automatically move to the next step. If a grievant fails to
meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to
have been settled and withdrawn.
25.5 Compensation Complaints. All complaints involving or concerning the payment of
compensation shall be initially filed in writing with the Director of Human Resources. Only
complaints which allege that employees are not being compensated in accordance with the
provisions of this MOU shall be considered as grievances. Any other matters of
compensation are to be resolved in the meeting and conferring process, if not detailed in
the MOU which results from such meeting and conferring process shall be deemed
withdrawn until the meeting and conferring process is next opened for such discussion. No
adjustment shall be retroactive for more than two (2) years from the date upon which the
complaint was filed.
25.6 No Strike. During the term of this MOU, the Union, its members and
representatives, agree that it and they will not engage in, authorize, sanction, or support
any strike, slowdown, stoppage of work, sickout, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having jurisdiction,
an employee who is in danger of physical harm shall not be required to cross the picket
line, provided the employee advises his or her supervisor as soon as possible, and
provided further that an employee m ay be required to cross a picket line where the
performance of his or her duties is of an emergency nature and/or failure to perform such
duties might cause or aggravate a danger to public health or safety.
25.7 Merit Board.
A. All grievances of employees in representation units represented by the Union shall
be processed under Section 25.7.A unless the employee elects to apply to the Merit
Board on matters within its jurisdiction.
B. No action under Steps 3, 4, and 5 of Section 25.1 or Step 5 of Section 25.2 above
shall be taken if action on the complaint or grievance has been taken by the Merit
Board, or if the complaint or grievance is pending before the Merit Board.
SECTION 26 – BILINGUAL PROVISIONS
SEIU 1021 R&F -81- 2013-2016
25.8 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors violates a
provision of this MOU.
25.9 Union Notification. An official with whom a formal grievance is filed by a grievant
who is included in a unit represented by the Union in the grievance shall give the Union a
copy of the grievance.
SECTION 26 – BILINGUAL PROVISIONS
26.1 Salary Differential. A salary differential of eighty dollars ($80.00) per month shall
be paid incumbents of positions requiring bilingual proficiency as designated by the
appointing authority and Director of Human Resources, or in the Department of
Employment and Human Services, to those who translate in accordance with the
designated criteria of one (1) day per week or twenty percent (20%) of the tim e or whose
caseloads are twenty-five percent (25%) or more non-English speaking. Said differential
shall be prorated for employees working less than full time and/or who are on an unpaid
leave of absence for a portion of any given month. Designation of positions for which
bilingual proficiency is required is the sole prerogative of the County.
Effective January 1, 2007, the current program differential shall be increased to a total of
one hundred dollars ($100.00) per month.
26.2 Spanish Notices of Action. The County shall implement Spanish Notices of
Action.
26.3 Non-English Speaking Caseloads. For those employees with twenty-five (25%) or
more non-English speaking caseloads, their caseload shall be reduced by ten percent
(10%).
26.4 Deferred Compensation Plan – Special Benefit for Hires after January 1, 2010:
A. Commencing April 1, 2010 and for the duration of this Agreement, the County will
contribute one hundred fifty dollars ($150) per month to an employee's account in
the Contra Costa County Def erred Compensation Plan or other designated tax
qualified savings vehicle, for employees who meet all of the following qualifications:
1. The employee was first hired by Contra Costa County on or after January 1,
2010 and,
2. The employee is a permanent full-time or permanent part-time employee
regularly scheduled to work at least 20 hours per week and has been so
employed for at least 90 calendar days; and,
3. The employee defers a minimum of twenty-five dollars ($25) per month to the
Contra Costa County Deferred Compensation Plan or other designated tax
qualified savings vehicle; and ,
4. The employee has completed, signed and submitted to the Human
Resources Department, Employee Benefits Service Unit the required
enrollment form for the account, e.g. the Enrollmen t Form 457 (b).
SECTION 26 – BILINGUAL PROVISIONS
SEIU 1021 R&F -82- 2013-2016
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 requ ired 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 in this Agreement. No amount deferred by
the employee or contributed by the County in accordance with any other provision in this
Agreement will count toward the minimum required deferral required by this provision. The
County's contribution amount in accordance with this provision will be in addition to the
County contribution amount for which the employee may be eligible in accordance with any
other provision in this contract.
Both the employee deferral and the County contribution to the Contra Costa County
Deferred Compensation Plan under this provision, as well as any amounts deferred or
contributed to the Contra Costa County Deferred Compensation Plan in accordance with
any other provision of this contract, will be added together for the 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.
Within 30 days of adoption of this MOU by the Board of Supervisors, and annually
thereafter beginning in 2015, the County will provide to the Union a list of eligible
employees who have not enrolled in the deferred compensation plan and will provide the
Union with contact information for scheduling an appointment with the Deferred
Compensation provider.
B. Deferred Compensation Plan – Loan Provision: On August 14, 2012 the Board
of Supervisors adopted Resolution 2012/348 approving a side letter with the
Coalition Unions to allow a Deferred Compensation Plan Loan Program effe ctive
September 1, 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%).
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.
SECTION 27 – TRAINING REIMBURSEMENT
SEIU 1021 R&F -83- 2013-2016
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 27 – TRAINING REIMBURSEMENT
The Department of Employment and Human Services shall establish an annually
renewable training reimbursement fund in the amount of $10,000 for the exclusive purpose
of reimbursing employees covered by this agreement for the cost of tuition, fees, books,
and other employee expenses incurred in the pursuit of work-related education, continuing
education, or work related graduate degree. In the Department of Employment and Human
Services, said fund shall replace the career development training reimbursement described
in the County Administrative Bulletin on Training.
Career development training reimbursement for employees in the Health Services
Department shall continue to be governed by the County Administrative Bulletin on Training
which limits such reimbursement to seven hundred fifty dollars ($750) per year.
Registration and tuition fees for career development education may be reimbursed for up to
fifty percent (50%) of the employee’s net cost. Books necessary for courses taken for
career development education may be reimbursed for up to one hundred percent (100%) of
the employee’s net cost.
Those employees entering the Social Casework Assistant classification by the substitution
pattern in the minimum qualifications shall be entitled to direct benefit tuition reimbursement
under the County training reimbursement policy. Such employees requesting a leave of
absence or permanent part-time positions for the purpose of completing a bachelor's
degree shall be given priority consideration by the Department. Reimbursement under the
above limits for the cost of books for career development shall be allowable.
SECTION 28 – MILEAGE
SECTION 30 – MENTAL HEALTH SCREENING DIFFERENTIAL
SEIU 1021 R&F -84- 2013-2016
Effective May 1, 1992, 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.
SECTION 29 – RESPITE LEAVE WITHOUT PAY
All employees represented by Local 1021 shall be granted ten (10) days respite leave
without pay per fiscal year. Such leave shall be taken in increments of one (1) f ull day
(eight (8) hours) and shall be requested in writing. Conflicting requests for respite leave
shall be resolved by the Department Head or designee with preference given to employees
according to their seniority in the department, as reasonably as possible. Any balance in
the ten (10) days respite leave which remains at the end of the fiscal year shall not be
carried over into the next fiscal year.
SECTION 30 – MENTAL HEALTH SCREENING DIFFERENTIAL
Permanent full-time and part-time, permanent intermittent, and temporary employees in the
classifications of Medical Social Worker I and II (X4WB, X4VH) of the Social Services Unit
will be paid a differential calculated at five percent (5%) of the hourly equivalent of the
employee’s base rate of pay for each hour worked in the Psychiatric Unit (Org. #6313) or
Psychiatric Emergency Unit (Org. #6381).
SECTION 31 – MEDICAL SOCIAL WORKER LEAD DIFFERENTIAL
Any employee in the classification of Medical Social Worker II (X4VH) and designated by
the department as a “Lead Worker” will receive a differential of five percent (5%) of the
employee’s base rate of pay as compensation for the lead assignment. This differential will
be paid retroactive to March 1, 2013 for time designated as a “Lead Worker”.
SECTION 32 – NOTICE OF NEW EMPLOYEES
The County agrees to periodically mail to Social Services Union, Local 1021 a list of
names, classifications, and the designation of permanent employment category of new
employees appointed to classifications represented by Local 1021. Said periodic list will be
mailed within the first five (5) working days of every month.
SECTION 33 – PERSONNEL ACTIONS
33.1 Personnel Files.
SECTION 33 – PERSONNEL ACTIONS
SEIU 1021 R&F -85- 2013-2016
A. Inspection. Each employee, or an employee's representative so designated by
written authorization of the employee, shall have the right to inspect and review the
employee's personnel file upon request at reasonable times and for reasonable
periods during the regular business hours of the County. Employees shall be
permitted to review their personnel files at the Personnel office during their work
hours. For those employees whose work hours do not coincide with the County’s
business hours, management shall provide a copy of the employee’s personnel file
for their review. The custodian of records will certify that the copy is a true and
correct copy of the original file.
B. Documentation in the personnel file relating to the investigation of a possible
criminal offense, medical records and information or letters of reference shall be
specifically excluded from such inspection and review.
C. Pre-employment reference material shall be removed from the personnel file after
one (1) year of continuous employment with the County.
D. Medical records may be released to qualified medical authorities upon exec ution of
a written release by the employee and with the concurrence of the County's medical
authorities.
E. An employee may request copies of other material contained in the personnel file.
F. The employee shall bear the cost of the reproduction of copie s.
G. The County shall afford the employee the opportunity to respond in writing to any
information contained in their personnel file. Such response shall be included in the
employee's personnel file.
H. The Department shall maintain only one official personnel file.
33.2 Counseling.
A. Whenever an employee's job performance and/or conduct becomes less than
satisfactory, counseling shall be provided by the employee's first level supervisor.
Such counseling shall specifically state the unsatisfactory natu re of the employee's
performance and/or conduct and specific ways in which the employee can bring
such performance and/or conduct up to the satisfactory level.
B. Said counseling shall be provided as soon as possible after the occurrence of the
less than satisfactory performance and/or conduct. No adverse action shall be
taken by the County against any employee unless such counseling has been
provided and time for improvement has been given.
C. The employee's first level supervisor shall prepare written documentation (including
any applicable memos, WIDSI's, etc.) of such counseling and provide a copy of the
documentation to the employee.
SECTION 33 – PERSONNEL ACTIONS
SEIU 1021 R&F -86- 2013-2016
D. The foregoing shall not apply to probationary employees or in those cases where
immediate disciplinary action is necessary.
E. If, after such a counseling session has occurred between a supervisor and
employee, the employee requests of the Department Personnel Officer a meeting
with a Steward/Officer of the Union and Department representatives, such a meeting
shall be held. This meeting shall be held within fifteen (15) working days.
33.3 Copies.
A. The County shall provide the employee with copies of all performance evaluation
reports and letters of reprimand or warning or counseling memos prior to the
placement of such documents in the employee's departmental personnel file.
B. A counseling memo placed in an employee's departmental personnel file which is
not referenced in the employee's subsequent performance evaluation shall be
removed from the employee's departmental personnel file upon the written request
of the employee. If an employee is not evaluated when an annual performance is
due, the employee may request through the Department Personnel Officer that a
performance evaluation be completed. If an employee has not had a performance
evaluation within eighteen (18) months subsequent to a counseling memo being
placed in the employee's department personnel file, the counseling memo shall be
removed from the employee's personnel file, provided that there has n ot been a
subsequent counseling memo on the same subject in that period of time.
C. When issuing a Letter of Reprimand, the appointing authority will also provide the
employee with a document that gives the employee the option of authorizing the
County to provide his/her union with a copy of the Letter of Reprimand. If the
employee signs the authorization document and returns it to the appointing
authority, the appointing authority will thereafter provide a copy of the employee’s
Letter of Reprimand to SEIU Local 1021, as authorized.
33.4 Performance Evaluation. The purpose of a performance evaluation for an
employee is to measure the employee's performance against the job specifications and
performance requirements of the position that the incumbent is filling. It answers the
questions of how well an employee is doing in meeting the department's performance
standards for this job. It satisfies a basic requirement for the employee to know where
she/he stands with the organization in regard to his/her performance. It delineates areas of
strengths and weaknesses. Where performance is below standard, it suggests possible
ways of making improvement.
During the probationary period of newly hired employees, the performance evaluation is
used as the last phase of an individual's examination process. Probationary employees
receive a preliminary evaluation at the end of five (5) months, and a final evaluation after
their eighth (8th) month of probation. Employees who have passed County Probation and
are promoted to a new class receive a preliminary evaluation at the end of three (3)
months, and a final evaluation after their fifth (5th) month of probation in the new class. An
SECTION 33 – PERSONNEL ACTIONS
SEIU 1021 R&F -87- 2013-2016
overall rating of STANDARD must be received on the final probationary evaluation in order
for the employee to achieve permanent status.
Once an employee achieves permanent status, the employee's performance is evaluated at
least once a year. Additional evaluations may be made between these required
evaluations as necessary. Evaluations will also be made when an employee or supervisor
terminates, or when an employee or supervisor is reassigned to another unit and more than
four (4) months have elapsed since the last written evaluation. In the event a permanent
employee receives an overall rating of BELOW STANDARD, such employee must be
reevaluated within three (3) months following the date of the report. If the employee shows
no significant improvement at the end of this period, a recommendation for demotion or
dismissal will be made. However, if at the end of three months, there has been
improvement but the employee's performance is still not at a STANDARD level, the
employee may be given two (2) additional three-month periods to meet the standards if the
supervisor agrees those standards will be reached during this period.
The work performance of each employee is to be rated on all of the rating factors on the
appropriate form. Each of these factors has been found to be of critical importance in
determining successful job performance for employees.
Individual rating factors and overall ratings of BELOW STANDARD must be substantiated
in the Comments section, as well as suggestions or plans for improved performance in
those areas.
If some significant aspect of performance is above the level indicated by the factor rating,
this may be pointed out by a statement in the Comments section to the employee.
The Rater will discuss the report with the employee and provide the employee with a copy
at that time if the employee wishes to discuss the report with the Reviewer. In signing the
report, the employee is merely acknowledging having seen the report; it does not indicate
agreement.
DEFINITIONS OF RATINGS: A factor rating of STANDARD means that this part of the
employee's work performance is consistently up to the level expected of a competent
worker in the position. An overall rating of STANDARD means that the employee's work
performance is acceptable and will result, where pertinent, in receipt of salary increment,
promotion, or permanent status. A factor rating of BELOW STANDARD means that this
part of the employee's work performance is frequently below the level of a competent
worker in the position and that effort should be made to improve. An overall rating of
BELOW STANDARD means the employee's work performance is inadequate and may
result in the loss or delay of the salary increment, demotion, dismissal, or rejection on
probation.
APPEAL PROCEDURE: If an employee believes his/her rating is improper, he/she should
discuss it with the Rater. If still not satisfied, the employee should sign the report and place
an "X" in the space provided by his/her signature to indicate he/she wishes to discuss the
report with the Reviewer (the Social Service Division Manager). Within five (5) calendar
days after being given a copy of the Report of Performance Evaluation, an employee who
SECTION 34 – SAFETY PROGRAM
SEIU 1021 R&F -88- 2013-2016
wishes consideration in addition to the Rater's evaluation should prepare a written
statement to the Reviewer as follows: 1) Identify the report by stating the date of the report,
the name of the Rater, and the date the report was received; 2) Specify the ratings or
comments which he/she believes are incorrect and should be changed; 3) Give facts
substantiating the requested changes to these ratings or comments; 4) Keep a copy of the
written request and send the original to the Reviewer. Upon receiving the written statement,
the Reviewer will have five (5) calendar days to meet with the employee to consider the
employee's comments and to respond in writing. The Reviewer's response shall be given
to the employee. A copy of the Reviewer's response along with the employee's written
statement shall be attached to the Report of Performance Evaluation. Failure to allow the
foregoing procedure is subject to the grievance procedure. However, disputes over the
actual content or ratings themselves in individual evaluations are not grievable.
SECTION 34 – SAFETY PROGRAM
Health and safety standards shall be maintained in all County facilities to a maximum
degree consistent with the conduct of efficient operations.
The Department of Employment and Human Services shall operate a department-wide
employee health and safety program. This program shall consist of:
A. A central department Safety Committee comprised of one (1) member appointed by
Local 1021 from each major building location, one (1) management employee who
shall be the Building Manager for that location and other employee organization
representatives, and the Department Personnel Officer, or designee. The
Department Personnel Officer, or designee, will serve as chairperson. The
committee shall meet every six (6) weeks. In the event that the appointed person is
not available to chair the meeting on the scheduled date, an alternative chair will be
appointed by the Personnel Officer or the meeting will be rescheduled within three
(3) weeks unless mutually waived by the Union and the Department. Minutes of
each meeting shall be recorded and distributed to each committee member.
B. All Committee members will receive training on a) accident/injury reporting
procedures, b) accident/injury investigation and prevention, c) safety awareness,
and d) procedures by which safety concerns are handled.
C. Committee recommendations shall be reported to and reviewed by the Department
Head. Responses to such recommendations shall be communicated to the Safety
Committee at its next regularly scheduled meeting or some other mutually agreeable
period.
D. Departments without a Safety Committee shall establish a committee within ninety
(90) days of the effective date of this agreement. The Union shall appoint all labor
representatives to the Committee. All Safety Committees shall schedule their
meetings.
SECTION 35 – FLEXIBLE STAFFING
SEIU 1021 R&F -89- 2013-2016
SECTION 35 – FLEXIBLE STAFFING
35.1 Designated Positions. Certain positions may be designated by the Director of
Human Resources as flexibly staffed positions. Positions are generally allocated at the first
level of the job series when vacated. When the position is next filled and an incumbent of
one of these positions meets the minimum qualifications for the next higher level and has
met appropriate competitive requirements he/she may then be promoted to the next higher
classification within the job series without need of a classification study.
The following job classifications are flexibly staffed:
Social Casework Specialist I to Social Casework Specialist II
Eligibility Worker I to Eligibility Worker II
Eligibility Worker II to Eligibility Work Specialist
Open examinations at either level in the above-mentioned classifications shall be
administered upon the request of the Department Head and approval of the Director of
Human Resources.
35.2 Continuous Testing for Flexibly Staffed Classes. Employees in a flexible staffed
job series which have been determined by the Director of Human Resources as appropriate
for continuous testing may apply for promotion to the next higher classification level as
follows:
Applicants must file the regular Human Resources Department Application and where
applicable, the appropriate supplemental questionnaire with the Employment and Human
Services Department. Employees who file applications must notify their supervisor.
Nothing contained in this section shall be construed as making a promotion automatic or
automatically effective on the first of the month following the filing of an application. It is the
responsibility of the Division Manager that has approved the promotion for employees in
flexibly staffed positions to submit a request to the Employment and Human Services
Personnel Unit no later than 15th the of the month prior in which they wish to promote the
employee. Upon approval, the personnel analyst in the Personnel Unit will forward the
application and an AK-9 to the Human Resources Department by the 25th of the month to
be effective the first of the following month. It is the employee's responsibility to submit
applications for promotion sufficiently in advance to assure receipt in Employment and
Human Services Department by the above stated deadline.
If an error occurs in the Human Resources office or the Employment and Human Services
Department Personnel Unit which causes a delay in the processing of an application, said
error shall be corrected and the employee shall be placed on the eligible list retroactively to
the first of the month following his/her eligibility.
If a Division Manager or supervisor causes a delay in the processing of an approved
application, the employee shall be placed on the eligible list retroactive to the first of the
month following his/her eligibility.
SECTION 36 – CAREER LADDER
SEIU 1021 R&F -90- 2013-2016
If an operating department verifies in writing the intent to promote an employee on the first
of the month following eligibility, said appointment shall be made retroactive to the first of
the month following his/her eligibility.
SECTION 36 – CAREER LADDER
The County agrees to the concept of a career ladder which will enhance the opportunities
for employees to attain positions in other classification series. For this purpose, the
following classes are considered to be those classes representing s uch promotional
opportunities: Eligibility Work Specialist, Social Service Program Assistant, Social
Casework Assistant.
The County shall amend the Welfare Fraud Classification as follows:
A. By reclassifying Social Service Welfare Fraud Investigators do ing Early Fraud to
"Social Service Welfare Fraud Field Investigators."
B. Welfare Fraud Field Investigators shall have the option of carrying pepper spray.
SECTION 37 – STAFFING ALLOCATIONS AND WORKLOAD DISTRIBUTION
37.1 Staffing Review. The Department of Employment and Human Services shall review
the amount and nature of work in its operating units on at least a quarterly basis (or
scheduled as agreed by the parties) and shall initiate reassignments of employees
necessary to balance the number of available employees in each classification with the
existing and expected amount and nature of work in operating units throughout the
Department. The process to be used in determining work assignment and volume shall be
to balance the existing amount of work among existing staff, in accordance with applicable
sections of this MOU.
37.2 Department/Union Meetings. There shall be meetings between the Department of
Employment and Human Services and the Union on at least a quarterly basis (or scheduled
as agreed by the parties) to review and discuss the existing amount and nature of work; to
share information and ideas on workload issues throughout the Department; and to discuss
long-range planning concerning Department programs and implementation. The meeting(s)
will be chaired by a Program Bureau Director or Department Personnel Officer or his/her
designee.
A. Health Services Department/Union Meetings. There shall be meetings between
the Health Services Department and the union on a quarterly basis (or scheduled as
agreed by the parties) to discuss items specific to members working in the Health
Services Department.
37.3 Department Head and County Administrator Meetings. The Union may request
a meeting with the Employment and Human Services Department Head to address specific
staffing/workload concerns after two (2) meetings with the Program Bureau director or
SECTION 37 – STAFFING ALLOCATIONS AND WORKLOAD
DISTRIBUTION
SEIU 1021 R&F -91- 2013-2016
Department Personnel Officer have occurred. This discussion will not preclude the
Bureau’s ability to allocate and assign staff on an ongoing basis.
After meeting with the Department Head, if the specific workload issues discussed remain
unresolved after thirty (30) days, the Union may then request a meeting with the County
Administrator.
37.4 Program Committees. It will be the ongoing expectation and process that program
specific issues shall in most cases be addressed in a timely manner in the respective
Program Committee(s). Topics for discussion in Program Committees include potential
program/regulation changes, information regarding new procedures, f orms, and other
factors or changes in procedures which may have an impact on workload. Any items
declined by the Program Committee for discussion/action will be listed in the minutes.
Program Committees shall meet monthly, unless a meeting is waived by t he Director or
his/her designee, and written minutes shall be furnished to the Union on a timely basis.
Such minutes should clearly identify issues and program committee actions. If the minutes
do not reflect a resolution, response, or a failure to respond to pending issues within forty-
five (45) days from the date of the meeting, the Union may discuss with the Program
Bureau Director in the meetings held in accordance with Section 37.2 – Department/Union
Meetings will work within the appropriate chain of command in managing committee work
and agendas expeditiously.
Summary minutes shall be kept for each Program Committee meeting and shall be
distributed to all committee members prior to the next meeting. These minutes shall be
posted in each Department of Employment and Human Services building by the
Department.
37.5 Workload Streamlining. The Union may quarterly identify functions, procedures,
and processes which it believes are unnecessary, and that should be discontinued as a
means of streamlining workload. The Union’s items identified should be transmitted both to
the Department Personnel Officer and respective Program Bureau Director for review and
response.
If the items identified are County mandated only, the Department has sixty (60) days to
respond by discontinuing the process or provide the reasoning for continuing them.
If the items identified are State or Federally mandated, and the Department considers it
feasible that they be discontinued, the Department will request appropriate waivers. If the
Department does not believe the change or a waiver is feasible, it will provide the
reasoning for continuing. Upon receipt of the requested waiver approvals, the process
shall be discontinued.
37.6 Maintenance of Positions. The Department of Employment and Human Services
will make all reasonable efforts to keep filled all budgeted and authorized positions and to
the extent possible, will attempt to maximize the use of permanent employees.
SECTION 38 – STAFFING ALLOCATIONS AND REASSIGNMENTS
SEIU 1021 R&F -92- 2013-2016
SECTION 38 – STAFFING ALLOCATIONS AND REASSIGNMENTS
On the basis of ongoing staffing/workload distribution review, per Section 37.1 – Staffing
Review, the Department of Employment and Human Services shall initiate reassignments
of staff.
The following procedure shall be used:
A. Internal moves within a building shall be made at the discretion of the Division Head
within five (5) days following publication and Union receipt of Department staff and
caseload allocations. In determining moves of employees within an office,
managers will solicit volunteers; if no volunteers respond, the employee with the
least series seniority within the unit/area identified will be moved.
B. Authorized staffing levels shall be published on a monthly basis. After any internal
moves in a building have been made in accordance wit h Step a, further vacant
authorized positions in buildings shall be alternately bid to the appropriate class in
all offices for a four-day period or certed from the appropriate Eligible List.
C. Employees responding to bids shall respond to the Department Personnel Unit, and
must confirm any verbal response in writing; written confirmation must be received
by 5:00 p.m. on the day the bid closes for the employee to be considered in
determining the five (5) most senior employees in the class.
D. With respect to responding to bids for the Welfare Fraud Investigator class or
Welfare Fraud Field Investigator class, the bidding will be restricted to employees in
one of the two above classes.
E. If the Department is at authorized staffing and there are no respon ses to the posted
bid notice, the least senior employee within the class, within the building having staff
overage(s) of at least one (1) FTE shall be reassigned within two (2) weeks of the
closing of the bid. If the Department is below the authorized staffing level and there
are no responses to the posted bid notice, the Department will cert from the
appropriate Eligible List.
F. Authorized vacancies resulting from the bid process shall automatically be certed
from an appropriate eligible list.
G. Persons involuntarily reassigned shall be given the opportunity to return to their
former building when the first vacancy occurs in the building from which the
employee was involuntarily transferred provided, however, if an employee voluntarily
transfers after such involuntary transfer that employee shall lose such reversionary
rights.
H. Positions flagged as needing a language skill or special qualifications shall be
identified on bids. Only employees having such skill or meeting such qualifications
SECTION 39 – REIMBURSEMENT FOR MEAL EXPENSES
SEIU 1021 R&F -93- 2013-2016
shall be accepted for bid interviews or for mandatory reassignments as provided in
this section.
I. Specially funded assignments or assignments of limited duration shall not be subject
to procedures in this Section.
J. Reassignments shall not be used as a replace ment for discipline. Employees on
probation or in an Improvement Needed Review status shall not be reassigned. An
employee who is reassigned out-of-seniority-order shall be offered the first vacancy
to be filled in the class and building from which the employee was mandatorily
reassigned. At the next quarterly staffing review an employee mandatorily
reassigned out-of-seniority-order shall be given first opportunity for reassignment as
provided in Section 37.2 – Department/Union Meetings or Section 37.3 –
Department Head and County Administrator Meetings, whichever is applicable; or if
no staffing imbalances exist, the most senior employee shall be offered the
opportunity to exchange positions provided the least senior employee is no longer
on probation or Improvement Needed Review status.
K. In each classification, series seniority for reassignment purposes shall be
determined by date of hire into that series as defined below:
Eligibility Series: Eligibility Worker I, Eligibility Worker II, Eligibility W ork Specialist.
Eligibility Series: Eligibility Worker I, Eligibility Worker II, Eligibility Work Specialist.
Social Work Series: Social Services Program Assistant, MediCal Program
Assistant, Social Worker, Vocational Counselor (classes which have been
abandoned but were a part of the Social Worker or Vocational Counselor series
shall be included for the purpose of determining series seniority).
Casework Specialist Series: Social Casework Assistant, Social Casework Specialist
I, Social Casework Specialist II.
Social Services Welfare Fraud Field Investigator Series: Social Service Welfare
Fraud Field Investigator and Social Services Senior Welfare Fraud Field
Investigator.
SECTION 39 – REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstances and
in the amount specified:
A. When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
B. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment.
SECTION 40 – PERSONAL PROPERTY REIMBURSEMENT
SEIU 1021 R&F -94- 2013-2016
C. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official guests of the
County, work as members of examining boards, official visitors, and speakers or
honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or more hours of overtime or if the
employee is scheduled to work overtime with less than twenty -four (24) hours
notice; in this case he or she may be reimbursed in accordance with 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.
Procedures and definitions relative to reimbursement for meal expenses shall be in
accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 40 – PERSONAL PROPERTY REIMBURSEMENT
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 enco untered 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 employee’s 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 t han the original cost.
SECTION 42 – SERVICE AWARDS
SEIU 1021 R&F -95- 2013-2016
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the Administrative
Bulletin on Compensation for Loss or Damage to Personal Property.
SECTION 41 – LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals)
The length of service credits of each employee of the County shall date from the beginning
of the last period of continuous County employment (including temporary, provisional, and
permanent status, and absences on approved leave of absence). When an employee
separates from a permanent position in good standing and within two 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 42 – SERVICE AWARDS
The County shall continue its present policy with respect to service awards including time
off; provided, however, that the type of award given shall be at the sole discretion of the
County.
The following procedures shall apply with respect to service awards:
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.
Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to
take the day off with pay at each five (5) year anniversary.
SECTION 43 – PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits. They
are eligible for health, dental and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time. If the employee works at least
fifty percent (50%) of full time, County retirement participation is also incl uded.
SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS &
SECTION 45 – PERMANENT-INTERMITTENT HEALTH PLAN
SEIU 1021 R&F -96- 2013-2016
BENEFITS
A. Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
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 I. 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 I, then the special pay or benefit
does not apply to permanent-intermittent employees.
SECTION 45 – PERMANENT-INTERMITTENT HEALTH PLAN
45.1 A permanent-intermittent employee may participate in the County Group Health Plan
Program wholly at the employee's expense. The employee will be responsible for paying
the monthly premium appropriately and punctually. Failure to meet the premium deadline
will mean automatic and immediate withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual open enrollment period.
45.2 The following benefit program shall be offered to permanent-intermittent employees:
A. Program. The County shall offer CCHP Plan A-2 at the subsidy rate below, to those
permanent-intermittent employees who meet and maintain eligibility.
i. Through December 31, 2009 the County will pay the monthly premium subsidy
of sixty-four percent (64%) of the cost of the CCHP Plan A -2 premium for a
single individual.
ii. Beginning on January 1, 2010, and for each calendar year thereafter, the
County will pay a monthly premium subsidy for CCHP Plan A-2 that is equal to
sixty percent (60%) of the total monthly premium that is paid for a single
individual for the plan in 2010. If there is an increase in the premium charged
for a single individual by CCHP Plan A-2 for 2011, the County and the
employees will each pay fifty percent (50%) of that portion of the premium
increase that does not exceed eleven percent (11%) of the 2010 premium
charged for a single individual by the CCHP Plan A -2 health plan. If the
premium increase for 2011 exceeds eleven percent (11%) of the 2010
premium charged for a single individual by the CCHP Plan A-2 health, the
County additionally will pay that portion of the premium increase charged for a
single individual that exceeds eleven percent (11%) of the 2010 premium.
iii. After June 29, 2011, the County will pa y a monthly premium subsidy for the
CCHP Plan A-2 that is equal to the actual dollar amount of the monthly
premium subsidy that is paid by the County in the month of May 2011. The
amount of the County subsidy that is paid will thereafter be a set dollar amount
SECTION 46 – PROVISIONAL EMPLOYEE BENEFITS
SEIU 1021 R&F -97- 2013-2016
and will not be a percentage of the premium charged by the CCHP Plan A -2.
B. Eligibility. Initial eligibility shall be achieved when an employee has worked three (3)
continuous months of service at an average of fifty percent (50%) time per month.
In order to maintain eligibility, a permanent -intermittent employee must remain in
paid status during each successive month.
C. Pre-Pay. Employees who have achieved eligibility under the terms of 45.2b will pre-
pay the employee’s portion of the premium cost so that the effective date of
enrollment begins effective the first of the month of eligibility. Employees must
continue to pre-pay their portion of the health insurance premium in order to
continue benefits. In addition, employees who meet the eligibility requirements and
who have been voluntarily paying the total premium for one of the County Group
Health Plans shall be allowed to enroll in CCHP Plan A-2 without a waiting period.
D. Family Coverage. Employees may elect to purchase at their own expense, family
coverage, including domestic partner, and shall follow the procedures outlined in c.
above for payment for this optional coverage.
E. Implementation. Open Enrollment periods shall be for thirty (30) days and coincide
with the open enrollment period for County employees beginning in 2001.
Permanent-intermittent employees who are not currently eligible, but who
subsequently meet the eligibility requirements, shall be notified of their eligibility and
shall have thirty (30) days to decide whet her or not to elect coverage under this
program.
F. Employees who are temporarily ineligible may purchase, at their own cost, the plan
in accordance with the procedures set forth by the Contra Costa County Health
Plan.
Nothing in Section 45.2 shall prevent an employee from electing health coverage under
either Section 45.1 or Section 45.2.
SECTION 46 – 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. Said
provisional employees may participate in the County Group Health Plan Program 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 monthly premium appropriately
and punctually. Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan Program and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 47 – INDEMNIFICATION AND DEFENSE OF COUNTY EMPLOYEES
SECTION 49 – UNFAIR LABOR PRACTICE
SEIU 1021 R&F -98- 2013-2016
The County shall defend and indemnify an employee against any claim or action against
the employee on account of an act or omission in the scope of the employee's employment
with the County in accordance with, and subject to, the provisions of California Government
Code Sections 825 et seq and 995 et seq.
SECTION 48 – MODIFICATION AND DECERTIFICATION
For the duration of this MOU the following amendments to Board Re solution No. 81/1165
shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified in the first paragraph to delete
the ten percent (10%) requirement for an employee organization intervening in the unit
determination process and substitute therefore a thirty percent (30%) requirement.
Section 34-12.013 - Election Procedure (b) shall be modified in the first paragraph to delete
the ten percent (10%) requirement for any recognized employee organization(s) to appear
on the ballot and substitute therefore a thirty percent (30%) requirement.
Section 34-12.016 - Modification of Representation Units shall be modified in the first
sentence by adding words to the effect of "most recent" to the date of determination. This
section shall be modified in the second sentence to require that petitions for modification of
a representation unit be filed during a period of not more than one hundred and fifty (150)
days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in
effect. The last sentence of this section shall be modified so that modification of a
representation unit shall not negate the term of an existing MOU between the County and
the recognized employee organization of the unit prior to the modification proceedings.
Section 34-12.018 - Decertification Procedure shall be modified in the first sentence by
adding words to the effect of "most recent" to the date of formal recognition and by
requiring the petition be submitted during a period of not more than one hundred a nd fifty
(150) days nor less than one hundred and twenty (120) days prior to the expiration of the
MOU in effect.
SECTION 49 – UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor practice as defined in Board of
Supervisor's 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.
49.1 Filing. Either the County or the Union may file an unfair labor practice against the
other. Allegations of an unfair labor practice, if not resolved in discussions between the
parties, may be heard by a mutually agreed upon impartial third party.
49.2 Unfair Labor Practice - County. It is an unfair labor practice for the County to:
SECTION 50 –TEMPORARY EMPLOYEES
SEIU 1021 R&F -99- 2013-2016
a. Interfere with, restrain or coerce employees in the exercise of the rights
recognized or granted in this division;
b. dominate or interfere with the formation of any employee organization or
interfere with selection of a majority representative;
c. contribute financial support to any employee organization; or
d. refuse to meet and confer in good faith (with representatives of formally
organized employee organizations on matters within the scope of
representation), or to refuse to consult with informally recognized employee
organizations on matters within the scope of representation.
49.3 Unfair Labor Practice - Union. It is an unfair labor practice for the Union or their
representatives or members to:
a. Interfere with, restrain or coerce employees in the exercise of the rights
recognized or granted in this division;
b. coerce, attempt to coerce or discipline any member of an organization so as
to hinder or impede the performance of his duties;
c. discriminate against any employee with regard to the terms or conditions of
membership because of race, color, creed, sex or national origin;
d. refuse to consult, or meet and confer in good faith, with management
representatives on matters within the scope of representation; or
e. initiate, engage in, cause, instigate, encourage or condone a work stoppage
of any kind or other disruptive activities which are detrimental to the conduct
of county business and services.
SECTION 50 –TEMPORARY EMPLOYEES
50.1 Recognition. Social Services Union, Local 1021 is the formally recognized
employee organization for temporary employees, not including emergency appointments
and retiree temporary appointments, who are employed by Contra Costa County in those
classifications covered by the MOU between Social Services Union, Local 1021 and Contra
Costa County.
A. Temporary Employees. Temporary employees hired on or after January 1, 1997
may work a maximum of 1600 hours within a department. Thereafter, that temporary
may not work in that department for one year as a temporary.
B. The County may employ temporary employees in excess of 1600 hours for the
following reasons:
SECTION 50 –TEMPORARY EMPLOYEES
SEIU 1021 R&F -100- 2013-2016
1. To cover for employees on leaves of absence, e.g., maternity, military,
medical, workers’ compensation.
2. While a department is actively recruiting to fill a position.
3. For regular recurring departmental needs, e.g., election season (Clerk -
Recorder), property tax season (Treasurer-Tax Collector), and “closing the
assessment roll” season (Assessor).
4. Temporary assignments for pre-determined periods of time, as determined
by the hiring department.
5. For short term seasonal work needed by a department, not to exceed 1600
hours.
The County may not replace a temporary employee with another temporary
employee except as provided in Subsections 1, 2, 3, and 4 of this Section B.
above.
The County will notify the union in advance of the period of the temporary
assignment under Subsection 4. and the period of the seasonal ass ignment
under Subsection 5.
C. Student Worker/Administrative Intern: The County may employ a person as a
Student Worker or an Administrative Intern only if that person is enrolled in a school
and is performing work for the County that is related to his/h er course of study,
interest, aptitude, or education, provided however, that a student
worker/administrative intern hired for the summer may perform work not related to
his/her course of study, interest, aptitude or education. Student Workers and
Administrative Interns may not be used in lieu of hiring regular County employees.
D. The County may employ temporary agency employees in a manner consistent with
Government Code Section 31000.4, which provides: “The board of supervisors may
contract with temporary help firms for temporary help to assist county agencies,
departments or offices during any peak load, temporary absence, or emergency
other than a labor dispute, provided the board determines that it is in the economic
interest of the county to provide such temporary help by contract, rather than
employing persons for such purpose. Use of temporary help under this section shall
be limited to a period of not to exceed 90 days for any single peak load, temporary
absence, or emergency situation.”
E. The County will provide to the union a temporary employee report to show the total
number of hours worked by each County temporary employee and each temporary
agency employee and not merely the annual number of hours . It shall also include
the reason the County temporary employee was hired by referring to one of the 5
reasons specified in B. above or the reason the temporary agency employee was
hired as set forth in paragraph D.
SECTION 50 –TEMPORARY EMPLOYEES
SEIU 1021 R&F -101- 2013-2016
F. Appointment to a Permanent Position. If a temporary employee is appointed to a
permanent position, credited paid time off hours and earned, but not yet credited
paid time off hours, shall be converted to vacation hours and subject to the MOU
provisions relating to vacation, except that when a temporary employee is appointed
to a permanent position, the employee shall be allowed to use the earned paid time
off hours during the first six (6) months of employment in a permanent position.
Upon receipt of a request by the Union, the Human Resources Department agrees to meet
to discuss the issues related to continuous testing and the frequency of such testing
regarding specific classifications.
Effective January 1, 2000, the County shall provide quarterly reports regarding temporary
employees which include the following information: employee name, classification,
department, mail drop I.D., and number of hours worked in all classifications and
departments on a calendar year-to-date basis.
50.2 Emergency Appointments. Emergency appointments as defined in Section 809 of
the Personnel Management Regulations, and retiree temporary appointments as provided
for in Government Code, Section 31680.2, are not covered by this MOU.
50.3 Agency Shop.
A. The Union 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 Union.
B. All employees employed in a representation unit on or after the effective date of this
MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Union; or
2. Pay to the Union, an agency shop fee in an amount which does not exceed
an amount which may be lawfully collected under applicable constitutional,
statutory, and case law, which under no circumstances shall exceed the
monthly dues, initiation fees and general assessments made during the
duration of this MOU. It shall be the sole responsibility of the Union to
determine an agency shop fee which meets the above criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a member of a
bona fide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting any public
employee organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee to a non -religious, non-labor,
charitable fund chosen by the employee from the following charities:
SECTION 50 –TEMPORARY EMPLOYEES
SEIU 1021 R&F -102- 2013-2016
Family and Children's Trust Fund, Child Abuse Prevention Council
and Battered Women's Alternative.
C. The Union shall provide the County with a copy of the Union's Hudson Procedure for
the determination and protest of its agency shop fees. The Union shall provide a
copy of said Hudson Procedure to every fee payor covered by this MOU within one
(1) month from the date it is approved and annually thereafter, and as a condition to
any change in the agency shop fee. Failure by a fee payor to invoke the Union's
Hudson Procedure within one month (1) after actual notice of the Hudson Procedure
shall be a waiver by the employee of their right to contest the amount of the agency
shop fee.
50.4 Agency Shop Deductions.
A. Temporary employees hired into a job class represented by Social Services Union,
Local 1021 shall be provided through the County Human Resources Department
with an Employee Authorization For Payroll Deduction card.
B. If the form authorizing payroll deduction is not returned within thirty (30) calendar
days after notice of this agency shop fee provision, and the Union dues, agency
shop fee, or charitable contribution required under Section 2 of this Letter of
Understanding are not received, the Union may in writing direct that the County
withhold the agency shop fee from the employee's salary, in wh ich case the
employee's monthly salary shall be reduced by an amount equal to the agency shop
fee and the County shall pay an equal amount to the Union.
C. The Union shall indemnify, defend and save the County harmless against any and
all claims, demands, suits, orders, or judgments, or other forms of liability that arise
out of or by reason of this Agency Shop Section, or action taken or not taken by the
County under this Section. This includes, but is not limited to, the County's attorney
fees and costs. The provisions of this section shall not be subject to the grievance
procedure.
D. The authorization of payroll deductions requires the employee to agree to hold the
County harmless from all claims, demands, suits or other forms of liability that may
arise against the County for or on account of any deduction made from the wages of
such employee.
50.5 Salary.
A. Temporary Hourly Rates. For all classifications represented by the Union, the
hourly rate paid temporary employees shall be the 1.00 hourly rate calculated on the
salary schedule by dividing the un-rounded monthly salary at any step by 173.33.
B. New Employees. Except as otherwise permitted in deep class resolutions,
temporary employees shall generally be appointed at the minimum step of the salary
range established for the particular class to which the appointment is made.
However, the Director of Human Resources may authorize an appointing authority
SECTION 50 –TEMPORARY EMPLOYEES
SEIU 1021 R&F -103- 2013-2016
to make a particular temporary appointment at a step above the minimum of the
range.
50.6 Salary Increments Within Range.
A. Increment Eligibility and Salary Review. All temporary employees shall accumulate
a record of straight time hours worked for the purpose of a salary review to
determine whether the employee shall be advanced to the next higher step, or other
step as specified by deep class resolutions, in the salary range for the classification.
Advancement to a higher step shall be granted only on the affirmative
recommendation of the appointing authority, based on satisfactory performance b y
the employee. The appointing authority may recommend granting the salary
increment or unconditional denial of the increment.
B. Frequency of Increments. Increments within range shall not be granted more
frequently than once per every 2,080 straight time hours worked by a temporary
employee.
C. Effective Date. Step increases resulting from an approved salary review shall be
effective the first of the month following completion of 2 ,080 straight time hours
worked and return of the salary review report to the Human Resources Department.
D New Employees. Temporary employees hired at Step 1 of the salary range for their
classification will be eligible for a salary review after completion of 1 ,040 straight
time hours worked; additional salary reviews will be after the cumulation of an
additional 2,080 straight time hours.
E. No provision of this section shall be construed to make the granting of salary
increments mandatory in the County.
50.7 Paid Time Off.
A. Temporary employees shall accumulate a record of straight time hours worked.
B. Based upon the accumulation of straight time hours recorded effective the first of the
month following completion of each 2080 straight time hours worked, the temporary
employee shall be credited with forty (40) hours of paid time off. Forty (40) hours
paid time off credit is the maximum amount an employee may have at any time.
C. Use. Paid time off (PTO) shall not be taken until credited after completion of 2080
straight time hours worked. PTO shall be taken by an employee only with the
approval of his/her supervisor.
D. Paid Off at Separation. If a temporary employee terminates his/her County
employment (separates from County service), the employee shall be paid all
currently credited PTO hours and, in addition, sh all be paid off for that portion of
PTO hours earned but not yet credited on the basis of that portion of the 2 ,080
straight time hours worked (STHW) cumulation. The formula for the earned but not
SECTION 50 –TEMPORARY EMPLOYEES
SEIU 1021 R&F -104- 2013-2016
credited payoff is STHW divided by 2,080 multiplied by 40 multiplied by the current
hourly pay rate at separation.
E. Appointment to a Permanent Position. If a temporary employee is appointed to a
permanent position, the credited PTO hours and the earned but not yet credited
PTO hours, shall be converted to vacation hours and subject to the MOU provision
relating to vacation.
F. Health Benefits for Temporary Employees. Effective one hundred and twenty (120)
days after all Coalition Employee Organizations have signed their respective Letters
of Understanding, the following benefit program shall be offered to temporary
employees:
1. Program. The County shall offer CCHP Plan A-2 at the subvention rate of
fifty percent (50%) of the cost of the premium for a single individual, to those
temporary employees who meet and maintain eligibility.
2. Eligibility. Initial eligibility shall be achieved when an employee has worked
three (3) continuous months of service at an average of fifty percent (50%)
time per month. In order to maintain eligibility, a temporary employee must
remain in paid status a minimum of forty (40) hours during each successive
month and maintain an average of fifty percent (50%) time year-to-date from
the date of eligibility.
3. Pre-Pay. Employees who have achieved eligibility under the terms of D.2 will
pre-pay the employee’s portion of the premium cost so that the effective date
of enrollment begins effective the first of the month of eligibility. Employees
must continue to pre-pay their portion of the health insurance premium in
order to continue benefits. In addition, temporary employees who meet the
eligibility requirements and who have been voluntarily paying for a County
group health program shall be allowed to enroll in CCHP Plan A-2 without a
waiting period.
4. Family Coverage. Employees may elect to purchase at their own expense,
family coverage, including domestic partner, and shall follow the procedures
outlined in 3. above for payment for this optional coverage.
5. Implementation. There shall be a sixty (60) day Open Enrollment period with
the initial date of coverage effective August 1, 2000. Subsequent Open
Enrollment periods shall be for thirty (30) days and coincide with the open
enrollment period for County employees beginning in 2001. Temporary
employees who are not currently eligible, but who subsequently meet the
eligibility requirements, shall be notified of their eligibility and shall have thirty
(30) days to decide whether or not to elect coverage under this program.
50.8 Provisional Employees. Social Services Union, Local 1021 is the formally
recognized employee organization for all provisional employees appointed by the County
from outside County service in classifications covered by the MOU between the County and
SECTION 51 – DEPENDENT CARE
SEIU 1021 R&F -105- 2013-2016
the Union. Provisional employees are covered by the agency shop provisions of the MOU
applicable to permanent employees, with the exception that provisional employees shall not
be required to pay any initiation fee or special assessment fee.
50.9 Grievance Procedure. Temporary and provisional employees covered by this
Section may grieve only alleged violations of the specific terms and conditions specified in
Section 50.
50.10 Positions. Subject to the approval and establishment of permanent positions by the
Board of Supervisors, if necessary, temporary employees represented by Local 1021 who
have worked not less than 6,000 hours in temporary employee status between January 1,
1991 and July 1, 1996 inclusive, shall be offered an appointment to such positions, subject
to qualification under the Personnel Management Regulations, in the classification and
department in which they currently work. Such employees shall have the option of either
remaining in temporary status (not to exceed 1000 hours in a fiscal year) or being
appointed to a permanent-intermittent, permanent part-time, or permanent full-time position.
The formula to be used to calculate the position type (full -time, part-time) for each
employee who elects appointment to a permanent position is the employee’s total number
of temporary hours worked on or after January 1, 1991, divided by the total number of
months of service in which those temporary hours were worked. Additionally, the County
agrees to meet and confer with Local 1021 concerning the future use of represented
temporary employees.
Upon receipt of a request by the Union, the Human Resources Department agrees to meet
to discuss the issues related to continuous testing and the frequency of such testing
regarding specific classifications.
Effective January 1, 2000, the County shall provide quarterly reports regarding temporary
employees which include the following information: employee name, classification,
department, mail drop I.D., and number of hours worked in all classifications and
departments on a calendar year-to-date basis.
50.11 Special Pays. Temporary employees may be eligible for certain special types of
pays or benefits in addition to wages under specifically defined circumstances. A list of
those special pays and benefits that are applicable to temporary employees is in cluded as
Attachment H. If a special pay or benefit that is described in this MOU does not specifically
reference temporary employees or the special pay or benefit is not included in Attachment
H, then it does not apply to temporary employees.
SECTION 51 – DEPENDENT CARE
A. Dependent Care Information and Referral Service. The County will administer an
"Information and Referral Service" through the Contra Costa Child Care Council for
the duration of this MOU.
B. Dependent Care Salary Contribution. Subject to the applicable provisions of the
Internal Revenue Service, employees may contribute up to $5,000 each calendar
SECTION 52 – SPECIAL STUDIES AND OTHER ACTIONS
SEIU 1021 R&F -106- 2013-2016
year from their salaries for approved dependent care; only eligible employees may
contribute for such expenses; there is no County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, proof of payment, and
applicable County administrative procedures.
SECTION 52 – SPECIAL STUDIES AND OTHER ACTIONS
52.1 Differentials. The County and the Labor Coalition agree to establish a
Labor/Management Committee comprised of five (5) Labor and five (5) Management
employees to study and recommend actions necessary to standardize paymen t and
application of differentials including, but not limited to, proration for less than full -time
employees; the length of payment while on paid sick leave or disability; and consistency
between percent-based vs. flat-payment differentials.
52.2 Grievance Procedure. Representatives of the County shall meet and confer with
representatives of the Labor Coalition in order to develop rules and guidelines governing
the conduct and administration of Adjustment Boards.
52.3 Job Sharing and Part-Time Job Opportunities. The Employment and Human
Services Department and the Union agree to establish a Labor/Management Committee
comprised of a maximum of three (3) representatives of Labor and three (3) representatives
from Management to study and recommend actions necessary to identify and develop
potential part-time and job sharing opportunities, by September 30, 2000.
52.4 Telecommuting Options. The Employment and Human Services Department and
the Union agree to establish a Task Force comprised of representatives from the Union and
representatives from the Department to identify potential positions where telecommuting
could be utilized in accordance with the County’s Telecommuting Policy. The Task Force
will consider, but not be limited to, the following criteria: service delivery, coverage and
availability for participants. The Task Force shall complete its study by June 30, 2000 and
submit it to the Director of the Employment and Human Services Department.
52.5 Reclassification. The Health Services Department agrees to submit a P300
requesting the reclassification of the Public Health Social Worker positions to Medical
Social Worker II.
52.6 Job Classification. The County will develop a new employment focused job
classification which will include the following functions: MediCal Combo, MediCal Intake,
MediCal lead worker and training unit.
52.7 Ergonomics. No later than May 15, 2000, the County will submit for Coalition input
revisions to Administrative Bulletin No. 425 dated April 17, 1990, and an Ergonom ic Field
Guide, with a goal of finalization by June 30, 2000.
SECTION 53 – ADOPTION
SEIU 1021 R&F -107- 2013-2016
52.8 Safety Retirement. The County agrees that if there are amendments to State law
during the term of this agreement that allow employees in the Social Casework Specialist
series to be eligible for safety retirement and such amendments are adopted by Resolution
of the Contra Costa County Board of Supervisors, the County will meet to discuss this
issue.
SECTION 53 – ADOPTION
The provisions of this MOU shall be made applicable on the dates ind icated 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 54 – SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
54.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU
fully and completely incorporates the understanding of the parties hereto and constitutes
the sole and entire agreement between the parties in any and all matters subject to meet
and confer. Neither party shall, during the term of this MOU demand any change herein,
provided that nothing herein shall prohibit the parties from changing the terms of this MOU
by mutual agreement. Any past side letters or any other agreements that are not
incorporated into or attached to this MOU are deemed expired upon approval of this MOU
by the Board of Supervisors.
54.2 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.
54.3 Personnel Management Regulations. Where a specific provision contained in a
section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. It is
recognized, however, that certain provisions of the Personnel Management Regulations
may be supplementary to the provisions of this MOU and as such remain in full force and
effect.
54.4 Duration of Agreement. This Agreement will continue in full force and effect from
July 1, 2013 to and including June 30, 2016. Said Agreement shall automatically renew
from year to year thereafter unless either party gives written notice to the other prior to sixty
(60) days from the aforesaid termination date, of its intention to amend, modify or terminate
the agreement.
DATE: ____________________
SECTION 53 – ADOPTION
SEIU 1021 R&F -108- 2013-2016
SEIU, LOCAL 1021
Contra Costa County: (RANK & FILE UNIT):
(Signature / Printed Name) (Signature / Printed Name)
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SEIU, LOCAL 1021
RANK & FILE UNIT
ATTACHMENTS
A. CLASS & SALARY LISTING
B. MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
C. PROJECT POSITIONS
D. CUSTOMER SERVICE AGENT I & II PERMANET INTERMITTENT EMPLOYEES
E. CALIFORNIA HEALTH BENEFITS EXCHANGE PACKAGE (3/1/2013)
F. CALIFORNIA HEALTH BENEFITS EXCHANGE PACKAGE (7/2/2013)
G. SSEFI & SSWFFI ALTERNATE CERTIFICATION SIDE LETTER
H. TEMPORARY EMPLOYEES SPECIAL PAYS
I. PI SPECIAL PAYS AND BENEFITS
J. AIR FILTERS MEMO
K. HEALTHCARE COALITION NOTICE OF CHANGES
L. RETURN TO WORK POLICY
CONTRA COSTA COUNTY: SEIU, LOCAL 1021, RANK & FILE UNIT:
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
SEIU, LOCAL 1021
RANK AND FILE
CLASS AND SALARY LISTING
Effective 4/1/2014
ATTACHMENT A
Salary Range
Job Code Class Title
Flex Staff (F) / Deep
Class (D)From To
X0S1 SOC SVC PROGRAM ASSISTANT-PRJ $4,254.23 $5,171.04
CW04 CAL WORKS COMMUNITY OTRCH AIDE F $2,159.06 $2,380.36
XQTE CALWIN HELP DESK SPECIALIST $4,577.64 $5,564.15
XQVD CALWIN ON-SITE SUPPORT SPECIAL $4,360.85 $5,300.64
XDWB CHILDREN'S SERVICES AIDE $2,507.24 $3,047.56
XDWE COMMUNITY OUTREACH AIDE F $2,277.64 $2,511.10
XQS3 EHS PROG INTEGRITY ASST-PRJ $4,360.85 $5,300.64
XQSN EHS PROGRAM INTEGRITY ASST $4,360.85 $5,300.64
XHTB ELIGIBILITY WORK SPECIALIST F $4,048.75 $4,921.28
XHWA ELIGIBILITY WORKER I F $2,762.72 $3,358.10
XHVA ELIGIBILITY WORKER II F $3,211.43 $3,903.51
XQTC EX CALL CNTR QUAL ASSUR MONTR $4,360.85 $5,300.64
X7WD EX CUSTOMER SERVICE AGENT I F $2,762.72 $3,358.10
X7VA EX CUSTOMER SERVICE AGENT II F $3,211.43 $3,903.51
X7TA INDP LIV SKILL PROG SPECIALIST $4,254.23 $5,171.04
XHSB MEDICAL PROGRAM ASSISTANT $4,254.23 $5,171.04
X4WB MEDICAL SOCIAL WORKER I F $4,191.51 $5,094.81
X4VH MEDICAL SOCIAL WORKER II F $5,216.79 $6,341.04
X4V2 MEDICAL SOCIAL WORKER-PROJECT $5,216.79 $6,341.04
X7WC ONE-STOP CAREER CENTER CASE MG $4,254.23 $5,171.04
X7WB SOC SVC EMPLOYMENT PLACE CNSL $4,461.30 $5,422.74
X0SA SOC SVC PROGRAM ASSISTANT $4,254.23 $5,171.04
XLSG SOC SVC SR WELF FRAUD FLD INVS F $4,927.53 $5,989.45
XLSF SOC SVC WELF FRAUD FIELD INVST F $4,471.86 $5,435.58
XLSD SOC SVC WELFARE FRAUD INVSTG $4,254.23 $5,171.04
XDVB SOCIAL CASEWORK ASSISTANT $4,470.14 $5,433.49
X0WB SOCIAL CASEWORK SPEC I F $5,029.13 $5,544.61
X0VB SOCIAL CASEWORK SPEC II F $5,363.44 $6,519.29
X0V1 SOCIAL CASEWORK SPEC II-PROJ F $5,363.44 $6,519.29
X0W2 SOCIAL CASEWORK SPEC I-PROJ F $5,029.13 $5,544.61
X0VC SOCIAL WORKER F $4,470.14 $5,433.49
X0V2 SOCIAL WORKER-PROJECT $4,470.14 $5,433.49
XDWC SR PROGRAMS AIDE $2,475.17 $3,008.59
X7W1 SS EMPLOYMENT PLACEMENT CNSL-P $4,461.30 $5,422.74
ATTACHMENT B
SEIU Local 1021 Rank and File
MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
Co-Pays
The health plan co-pays are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B: $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network
$3 Preferred Generic RX
$3 Preferred Brand RX
$3 Non-Preferred Brand RX
KAISER: $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$20 Non-Preferred Brand RX
$10 Emergency Room
HEALTH NET HMO $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$25 Emergency Room
HEALTH NET PPO: $10 Office Visit in network
$5 Preferred Generic RX
$5 Preferred Brand RX
$5 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible
ATTACHMENT B
SEIU Local 1021 Rank and File
MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
Co-Pays
The health plan co-pays are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B: $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network
$3 Preferred Generic RX
$3 Preferred Brand RX
$3 Non-Preferred Brand RX
KAISER: $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$20 Non-Preferred Brand RX
$10 Emergency Room
HEALTH NET HMO $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$25 Emergency Room
HEALTH NET PPO: $10 Office Visit in network
$5 Preferred Generic RX
$5 Preferred Brand RX
$5 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
SEIU, LOCAL 1021 R & F
Section 50 – Temporary Employees - Special Pays
1 of 1
Special Pays for Temporary Employees
All Units
Type of Pay (Pay Code) MOU Section
County Overtime (OPT) Sec. 7
FLSA Overtime (OTF) None
Paid Time Off (PTO, PTO-
FML))
Sec. 50.7
Shift Differential Pay at 5%
(SH2)
Sec. 10
Unit Specific
1. Social Services Unit
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Classification(s)
Applicable
Assigned Org.
(Org.#)
Mental Health
Screening (HZ2)
30 Medical Social Worker I, II
(X4WB, X4VH)
Psychiatric Unit
(#6313)
Psychiatric
Emergency Unit
(#6381)
ATTACHMENT I
SEIU, LOCAL 1021 R & F
Section 44 – PI Employee Special Pays
1 of 1
Special Pays for Permanent-Intermittent Employees
All Units
Type of Pay (Pay Code) MOU Section
Jury Duty-Scheduled Work Day (JRY) Sec. 17
Military Leave (MLX) Sec. 16.4
County Overtime (OPT) Sec. 7
FLSA Overtime (OTF) None
Sick Leave Hours Taken (SCK, SCK-2BS, SCK-2FS, SCK-
2RS, SCK-CAT, SCK-FML)
Sec. 44
Vacation Hours Taken (VAC, VAC-1, VAC-FML) Sec. 44
Shift Differential Pay at 5% (SH2) Sec. 10
Negotiations Time Off (T03) Sec. 4
Unit Specific
1. Social Services Unit
Type of Pay (Pay
Code)
MOU
Section
Applicable Job
Classification(s)
Applicable
Assigned Org.
(Org.#)
Mental Health
Screening (HZ2)
30 Medical Social Worker I, II
(X4WB, X4VH)
Psychiatric Unit
(#6313)
Psychiatric
Emergency Unit
(#6381)
ATTACHMENT J
ATTACHMENT K
ATTACHMENT L
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 1021
SERVICE LINE SUPERVISORS UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of the Contra Costa County Board of Supervisors’ Resolution
81/1165 and has been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board Resolution
81/1165.
The parties have met and conferred in good faith regarding wages, hours and other terms
and conditions of employment for the employees in units in which the Union is the
recognized representative, have freely exchanged information, opinions and proposals and
have endeavored to reach agreement on all matters relating to the employment conditions
and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the joint
recommendations of the undersigned for salary and employee benefit adjustments for the
term set forth herein.
DEFINITIONS
SEIU 1021 SLS - 2 - 2013-2016
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that the
same descriptive title may be used to designate each position allocated to the group.
Class Title: The designation given to a class, to each position allocated to the class, and
to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of 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, in the Personnel Management Regulations, or in specific
resolutions governing deep classifications.
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 qu alified for employment in a
specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the Merit
System and who have been involuntarily separated by layoff or displacement, or demoted
by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have
transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as n eeded, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full-time basis.
Permanent Position: Any position which has required, or which will require the services of
an incumbent without interruption, for an indefinite period.
DEFINITIONS
SEIU 1021 SLS - 3 - 2013-2016
Project Employee: An employee who is engaged in a time limited program or service by
reason of limited or restricted funding. Such positions are typic ally funded from outside
sources but may be funded from County revenues.
Promotion: The change of a permanent employee to another position in a class allocated
to a salary range for which the top step is higher than the top step of the class which the
employee formerly occupied, except as provided for under Transfer or as otherwise
provided for in this MOU, in the Personnel Management Regulations, or in specific
resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full-time, part-time
or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another class
at the same range of the salary schedule or to a class which is allocated to anoth er range
that is within five percent (5%) of the top step, except as otherwise provided for in the
Personnel Management Regulations, deep class resolutions or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a higher
class or reducing it to a lower class 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 service with the Cou nty from a
position in the Merit System.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to another
position in the same class in a different department, or to another position in a class which
is allocated to a range on the salary plan that is within five percent (5%) at top step as the
class previously occupied by the employee.
Union: Social Services Union Local 1021, Service Line Supervisors Unit.
SECTION 1 – UNION RECOGNITION
SEIU 1021 SLS - 4 - 2013-2016
SECTION 1 – UNION RECOGNITION
The Union is the formally recognized employee organiza tion for the Social Service First
Line Supervisors' Representation unit and such organization has been certified as such
pursuant to Chapter 34-12 of Board Resolution No. 81/1165.
SECTION 2 – UNION SECURITY
2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority
representative may have dues deduction and as such, the Union has the exclusive privilege
of dues deduction or agency fee for all employees in its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and nondiscriminato ry
representation to all employees in the units for which this section is applicable
regardless of whether they are members of the Union.
B. All employees employed in a representation unit on or after the effective date of this
MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Union; or
2. Pay to the Union, an agency shop fee in an amount which does not exceed
an amount which may be lawfully collected under applicable cons titutional,
statutory, and case law, which under no circumstances shall exceed the
monthly dues, initiation fees and general assessments made during the
duration of this MOU. It shall be the sole responsibility of the Union to
determine an agency shop fee which meets the above criteria; or
3. do both of the following:
a. Execute a written declaration that the employee is a member of a bona
fide religion, body or sect which has historically held a conscientious
objection to joining or financially supporting any public employee
organization as a condition of employment; and
b. pay a sum equal to the agency shop fee described in Section 2.2.B.2 to a
non-religious, non-labor, charitable fund chosen by the employee from the
following charities: Family and Children's Trust Fund, Child Abuse
Prevention Council and Battered Women's Alternative.
C. The Union shall provide the County with a copy of the Union's Hudson Procedure for
the determination and protest of its agency shop fees. The Union shall provide a
copy of said Hudson Procedure to every fee payer covered by this MOU within one
month from the date it is approved and annually thereafter, and as a condition to any
SECTION 1 – UNION RECOGNITION
SEIU 1021 SLS - 5 - 2013-2016
change in the agency shop fee. Failure by a fee payer to invoke the Union's Hudson
Procedure within one month after actual notice of the Hudson Procedure shall be a
waiver by the employee of their right to contest the amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that an employee is
separated from the representation unit but shall be reinstated upon the return of the
employee to the representation unit. The term separation includes transfer out of
the unit, layoff, and leave of absence with a duration of more than thirty (30) days.
E. Annually, the Union shall provide the Director of Human Resources with copies of
the financial report required pursuant to the Labor Management Disclosure Act of
1959. Such report shall be available to employees in the unit. Failure to file such a
report within sixty (60) days after (June 30) shall result in the termination of all
agency shop fee deductions without jeopardy to any employee, until said report is
filed.
F. Compliance.
1. An employee employed in or hired into a job class represented by the Union
shall be provided with an Employee Authorization for Payroll Deduction form by
the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30) calendar
days after notice of this agency shop fee provision an d the Union dues, agency
shop fee, initiation fee or charitable contribution required under Section 2.2.B.3
are not received, the Union may, in writing, direct that the County withhold the
agency shop fee and the initiation fee from the employee's salary, in which case
the employee's monthly salary shall be reduced by an amount equal to the
agency shop fee and the County shall pay an equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against any and
all claims, demands, suits, orders, or judgments, or other forms of liability that arise
out of or by reason of this Union security section, or action taken or not taken by the
County under this Section. This includes, but is not limited to, the County's
Attorneys' fees and costs. The provisions of this subsection shall not be subject to
the grievance procedure.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Union.
I. In the event that employees in a bargaining unit repres ented by the Union vote to
rescind Agency Shop, the provisions of Section 2.3, 2.4, and 2.5 shall apply to dues-
paying members of the Union.
2.3 Maintenance of Membership. All employees represented by the Union who are
currently paying dues to the Union and all employees in such unit who hereafter become
members of the Union shall as a condition of continued employment pay dues to the Union
SECTION 1 – UNION RECOGNITION
SEIU 1021 SLS - 6 - 2013-2016
for the duration of this MOU and each year thereafter so long as the Union continues to
represent the classification to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.4.
2.4 Union Dues Form. Employees hired into classifications represented by the Union
shall, as a condition of employment at the time of employment, complete a Union dues
authorization card provided by the Union and shall have deducted from their paychecks the
membership dues of the Union. Said employees shall have thirty (30) days from the date
of hire to decide if they do not want to become a member of the Union. Such decision not to
become a member of the Union must be made in writing to the Auditor -Controller with a
copy to the Labor Relations Division within said thirty (30) day period. If the employee
decides not to become a member of the Union, any Union dues previously deducted from
the employee's paycheck shall be returned to the employee and said amount shall be
deducted from the next dues deduction check sent to the Union. If the employee does not
notify the County in writing of the decision not to become a member within the thirty (30)
day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the
Union.
Each such dues authorization form referenced above shall include a statement that the
Union and the County have entered into an MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition of employment, and that such
authorization may be revoked within the first thirty (30) days of employment upon proper
written notice by the employee within said thirty (30) day period as set forth above. Each
such employee shall, upon completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of his or her right to revo ke said
authorization.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in writing
between August 1 and August 31, any employee assigned to a classification represented
by the Union may withdraw from Union membership and discontinue paying dues as of the
payroll period commencing September 1 discontinuance of dues payments to then be
reflected in the October 10 paycheck. Immediately upon close of the above mentioned
thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees
who have rescinded their authorization for dues deduction.
2.6 Communicating With Employees. The Union shall be allowed to use designated
portions of bulletin boards or display areas in public portions of County buildings or in public
portions of offices in which there are employees represented by the Union, provided the
communications displayed have to do with matters within the scope of representation and
further provided that the employee organization appropriately post s and removes the
information. The Department Head reserves the right to remove objectionable materials
after notification and discussion with the Union.
Representatives of the Union, not on County time, shall be permitted to place a supply of
employee literature at specific locations in County buildings if arranged through the
Department Head or designated representative; said 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
SECTION 1 – UNION RECOGNITION
SEIU 1021 SLS - 7 - 2013-2016
work environment and work in progress. Such placement and/or distribution shall not be
performed by on-duty employees.
The Union shall be allowed access to work locations in which it represents employees for
the following purposes:
A. To post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact a Union officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with County
services.
2.7 Use of County Buildings. The Union shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees during non-work hours when:
A. Such space is available and its use by the Union is scheduled twenty-four (24) hours
in advance;
B. there is no additional cost to the County;
C. it does not interfere with normal County operations;
D. employees in attendance are not on duty and are not scheduled for duty;
E. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain scheduling
of such uses. The Union shall maintain proper order at the meeting, and see that the space
is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of business
meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to
reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters
within the scope of representation proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with the body considering the matter.
SECTION 3 – NO DISCRIMINATION
SEIU 1021 SLS - 8 - 2013-2016
On matters within the scope of representation the County agrees that the Human
Resources Department will notify a Union's designee(s) when an issue within the scope of
representation is placed on the Board's agenda. If there is insufficient time to meet and
confer on an issue prior to the Board's meeting, the item shall be deferred if so requested
by the Union.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification which is in the Social Service
First Line Supervisors Unit that their classification is represented by Local 1021, and the
name of a representative of Local 1021. The County shall provide an opportunity for the
Union to make a fifteen (15) minute presentation at the end of the Human Resources
Department’s new employee orientation meetings.
SECTION 3 – NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, political
opinion, sex, sexual orientation, or Union activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because of
age or physical disability.
SECTION 4 – SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting;
B. if their attendance is sought by a hearing body for presentation of testimony or other
reasons;
C. if their attendance is required for meetings required for settlement of grievances filed
pursuant to Section 25 - Grievance Procedure of this MOU;
D. if they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to present a
grievance;
E. if they are designated as spokesperson or representative of the Union and as such
make representations or presentations at meetings or hearings on wages, salaries
SECTION 5 – SALARIES
SEIU 1021 SLS - 9 - 2013-2016
and working conditions; provided in each case advance arrangements for time away
from the employee's work station or assignment are made with the appro priate
Department Head or designee, and the County agency calling the meeting is
responsible for determining that the attendance of the particular employee(s) is
required.
4.2 Union Representatives. The Union shall designate three (3) representatives who
shall be allowed time off on County time up to five (5) hours per week per representative,
for meetings during regular working hours when formally meeting and conferring in good
faith or consulting with the Employee Relations Officer or other management
representatives on matters within the scope of representation or for the reasons as
provided in 4.1.a-e. above. In order to minimize disruptions due to the representative's
absence, the representative will coordinate known work assignments with his/her Division
Manager; and, to the extent possible, the Department will coordinate events within the
representative's scope of responsibility which may arise during the representative's
absence.
4.3 Social Service Office Stewards. The Union may designate three (3) stewards in
the Department of Employment and Human Services who may be allowed to attend
meetings held on County time for the purposes provided in 4.1.d above. In order to
minimize disruptions due to the steward's absence, the steward will coordinate known work
assignments with his/her Division Manager; and, to the extent possible, the Department will
coordinate events within the steward's scope of responsibility which may arise during the
steward's absence.
4.4 Department Notification. The Union shall notify in writing the Department Head or
designee of those persons designated as official representatives and as stewards and of
any changes of such designations when made.
SECTION 5 – SALARIES
5.1 General Wages.
A. Effective on April 1, 2014, the base rate of pay for all classifications represented by
the Union will be increased by four percent (4%).
Effective on July 1, 2015, the base rate of pay for all classifications represented by
the Union will be increased by three percent (3%).
B. Longevity Pay. Effective July 1, 2008, employees at ten (10) years of County
service shall receive a two and one-half percent (2.5%) longevity pay differential.
C. Lump Sum Ratification Payment
1. Permanent Employees. Permanent full-time employees, including project
employees, who meet all of the following criteria will be paid lump sum
SECTION 5 – SALARIES
SEIU 1021 SLS - 10 - 2013-2016
ratification payments of seven hundred and fifty dollars ($750) each on May
10, 2014 and on May 10, 2015. Permanent part-time employees, including
project employees, who meet all of the following criteria will be paid a
prorated lump sum ratification payment. The prorated lump sum payment for
permanent part-time employees will be calculated by multiplying seven
hundred and fifty dollars ($750) by the employee’s approved position hour s
(for example: $750 x (20/40)= $375).
Criteria:
a. For the May 10, 2014 payment: The employee must be employed by the
County in a classification represented by the Union on the first day of the
month in which the MOU is adopted by the Board of Supervisors.
b. For the May 10, 2015 payment: The employee must be employed by the
County in a classification represented by the Union on April 1, 2015.
c. Temporary and per diem employees are not eligible for the ratification
payments.
2. Permanent-Intermittent Employees. Permanent-intermittent employees who
meet all of the following criteria will be paid lump sum ratification payments of
two hundred dollars ($200) each on May 10, 2014 and on May 10, 2015.
Criteria:
a. For the May 10, 2014 payment: The permanent-intermittent employee
must be employed by the County in a classification represented by the
Union and worked in such classification during the month of March 2014.
b. For the May 10, 2015 payment: The permanent-intermittent employee
must be employed by the County in a classification represented by the
Union and worked in such classification during the month of March 2015.
3. The employee’s lump sum ratification payment will be subject to the
employee’s required deductions, such as taxes, wage garnishments, and
retirement.
5.2 Entrance Salary. New employees shall generally be appointed at the minimum step
of the salary range established for the particular class of position to which the appointment
is made.
However, the appointing authority may fill a particular position a step above the minimum of
the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of th e
calendar month after the calendar month when the employee successfully
completes six (6) months service provided however, if an employee began work on
the first regularly scheduled workday of the month the anniversary date is the first
SECTION 5 – SALARIES
SEIU 1021 SLS - 11 - 2013-2016
day of the calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is determined as for a
new employee in Subsection 5.3.a above.
C. Demotions. The anniversary of a demoted employee is the first day of the calendar
month after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an employee
who is transferred to another position or one whose position has been reallocated or
reclassified to a class allocated to the same salary range or to a salary range which
is within five percent (5%) of the top step of the previous classification, remains
unchanged.
E. Reemployments. The anniversary of an employee appointed from a reemployment
list to the first step of the applicable salary range and not required to serve a
probation period is determined in the same way as the anniversary date is
determined for a new employee who is appointed the same date, classification and
step and who then successfully completes the required probationary period.
F. Transfer Anniversary. Notwithstanding other provisions of this Section 5, the
anniversary of an employee who is appointed to a classified position from outside
the County's merit system at a rate above the minimum salary for the employee's
new class, or who is transferred from another governmental entity to this County's
merit system, is one (1) year from the first day of the calendar month after the
calendar month when the employee was appointed or transferred; provided
however, when the appointment or transfer is effective on the employee's first
regularly scheduled workday of that month, his/her anniversary is one (1) year after
the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except those
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in Section 5.3 to determine whether the
salary of the employee shall be advanced to the next higher step in the salary range.
Advancement shall be granted on the affirmative recommendation of the appointing
authority, based on satisfactory performance by the employee. The appointing authority
may recommend denial of the increment or denial subject to one additional review at some
specified date before the next anniversary which must be set at the time submitted by the
Appointing Authority.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within -range increment be granted at
one time, except as otherwise provided in deep class resolutions. In case an appointing
authority recommends denial of the within range increment on some particular anniversary
date, but recommends a special salary review at some date before the next anniversary the
special salary review shall not affect the regular salary review on the next anniversary date.
SECTION 5 – SALARIES
SEIU 1021 SLS - 12 - 2013-2016
Nothing herein shall be construed to make the gra nting of increments mandatory on the
County. If an operating department verifies in writing that an administrative or clerical error
was made in failing to submit the documents needed to advance an employee to the next
salary step on the first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in
the same ratio to the full-time monthly rate to which the employee would be entitled as a
full-time employee under the provisions of this Section 5 as the number of hours per week
in the employee's part-time work schedule bears to the number of hours in the full-time
work schedule of the department.
The Department of Employment and Human Services shall give reasonable consideration
to requests for part-time assignments.
5.6 Compensation for Portion of Month. Any employee who works less than any full
calendar month, except when on earned vacation or authorized sick leave, shall receive as
compensation for services an amount which is in the same ratio to the established monthly
rate as the number of days worked is to the actual working days in such employee's normal
work schedule for the particular month; but if the employment is intermittent, compensation
shall be on an hourly basis.
5.7 Position Reclassification. An employee who is an incumbent of a position which is
reclassified to a class which is allocated to the same range of the basic salary schedule as
is the class of the position before it was reclassified, shall be paid at the same step of the
range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before the
reclassification, but if such salary is greater than the maximum of the range of the class to
which the position has been reclassified, the salary of the incumbent shall be reduced to
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 reclassif ied shall be
governed by the provisions of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at the
same step in the new salary range the employee was receiving in the range to which
the class was previously allocated. If the reallocation is from one salary range with
more steps to a range with fewer steps or vice versa, the employee shall be
compensated at the step on the new range which is in the same percentage ratio to
the top step of the new range as was the salary received before reallocat ion 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.
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SEIU 1021 SLS - 13 - 2013-2016
B. In the event that a classification is reallocated from a salary range with more steps
to a salary range with fewer steps on the salary schedule, apart from the general
salary increase or decrease described in Section 5.8A above, each incumbent of a
position in the reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In the event that the
steps in the new range do not contain the same rates as the old range, each
incumbent shall be placed at the step of the new range which is next above the
salary rate received in the old range, or if the new range does not contain a higher
step, at the step which is next lower than the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as above or below the salary range of
the employee's previous class, the incumbent shall be placed at the step in the new
class which equals the rate of pay received before reallocation. In the event that the
steps in the range for the new class do not contain the same rates as the range for
the old class, the incumbent shall be placed at the step of the new range which is
next above the salary rate received in the old range; or if the new range does not
contain a higher step, the incumbent shall be placed at the step which is next lower
than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.8.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as provided
under Section 5.13, shall receive the salary in the new salary range which is next highe r
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.
5.10 Salary on Appointment From a Layoff List. 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 an increase of less than five percent (5%), in which
case the salary shall be adjusted to the step in the new range which is five percent (5%)
greater than the next higher step, if the new range permits such adjustment.
5.11 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12, shall have his/her salary reduced to the monthly salary step in
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SEIU 1021 SLS - 14 - 2013-2016
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.
5.12 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a
position in a class having a salary schedule lower than that of the class from which he or
she demotes, unless the Board provides otherwise by resolution, his or her salary shall
remain the same if the steps in his or her new (demoted) salary range permit, and if not,
new salary shall be set at the step next below former salary.
5.13 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer. In the event that the steps in the
range for the new class do not contain the same rates as the range for the old class, the
employee shall be placed at the step of the new range which is next above the salary rate
received in the old range; or if the new range does not contain a higher step, the employee
shall be placed at the step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolution, the salary of the employee shall be set as provided in
the deep class resolution at a step not to exceed a five percent (5%) increase in the
employee's base salary. However, if the deep class transfer occurs to or from a deep class
with specified levels identified for certain positions and their incumbents, the employee's
salary in the new class shall be set in accordance with the section on "Salary on Promotion"
if the employee is transferring to another class or to a level in a deep class for which the
salary is at least five percent (5%) above the top base step of the deep class level or class
in which they have status currently.
5.14 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 Section 5.9 - Salary on Promotion of this MOU, at the start
of the second full day in the assignment, under the following conditions Payment shall be
made retroactive after completing the first forty (40) consecutive hours worked in the higher
classification.
A. The employee is assigned to a program service, or activity established by the Board
of Supervisors which is reflected in an authorized position which has been classified
and assigned to the Salary Schedule.
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SEIU 1021 SLS - 15 - 2013-2016
B. The nature of the departmental assignment is such that the employee in the lower
classification performs a majority of the duties and responsibilities of the position of
the higher classification.
C. Employees selected for the assignment will normally be expected to m eet the
minimum qualifications for the higher classification.
D. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher classification
shall not be utilized as a substitute for regular promotional procedures provided in
this MOU.
E. The appropriate authorization form has been submitted by the Department Head at
least fifteen (15) days prior to the expiration of the seventeen (17) day waiting period
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 one hundred
eighty (180) days, no additional waiting period will be required.
H. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual
differential and hazardous duty differential) accruing to the emp loyee 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 year continuous employment, the
employee, upon satisfactory performance in the higher classification, shall be
eligible for a salary review in that class on his/her next anniversary date.
Notwithstanding any other salary regulations, the salary step placement of
employees appointed to the higher class immediately following termination of the
assignment, shall remain unchanged. This provision shall appl y to Short Term
Higher Level Reassignments in deep classes.
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.
5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the employee
for the preceding month; provided, however, that each employee (except those paid on an
hourly rate) may choose to receive an advance on the employee's monthly salary, in which
case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his warrant upon
the Treasurer in favor of such employee.
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SEIU 1021 SLS - 16 - 2013-2016
The advance shall be in an amount equal to one-third (1/3) or less, at the employee's
option, of the employee's basic salary of the previous month except that it shall not exceed
the amount of the previous month's basic salary less all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or October 31 of
each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the deadline for
filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.15, all required or requested
deductions from salary shall be taken from the second installment, which is payable on the
tenth (10th) day of the following month.
5.16 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 in employee pay shall be corrected as soon as
possible as to current pay rate but no recovery of either overpayments or underpayments to
an employee shall be made retroactively except for the two (2) year period immediately
preceding discovery of the pay error. This provision shall apply regardless of whether the
error was made by the employee, the Appointing Authority or designee, the Director of
Human Resources or designee, or the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are excluded from this section for both parties.
When the County notifies an employee of an overpayment and a 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.
SECTION 6 – DAYS AND HOURS OF WORK
6.1
A.
Definitions
Regular Work Schedule: A regular work schedule is eight (8) hours per
day, Monday through Friday, inclusive, for a total of forty (40) hours per week.
B. Alternate Work Schedule: An alternate work schedule is any work schedule where
an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
SECTION 6 – DAYS AND HOURS OF WORK
SEIU 1021 SLS - 17 - 2013-2016
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 9/80, or 4/10 work schedule and where the employee is not
scheduled to work more than 40 hours in the "workweek" as defined in Subsections
F. and H., below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7)
day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four (44)
hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight (8)
hours in the forty-four (44) hour calendar week. In the forty-four (44) hour calendar
week, the employee works four (4) nine (9) hour days and one (1) eight (8) hour
day.
F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek begins
on the same day of the week as the employee’s eight (8) hour work day and
regularly scheduled 9/80 day off. The start time of the workweek is four (4) hours
and one (1) minute after the start time of the eight (8) hour workday. The end time
of the workweek is four (4) hours after the eight (8) hour workday start time. The
result is a workweek that is a fixed and regularly recurring period of seven (7)
consecutive twenty-four (24) hour periods (168 hours).
H. Workweek for Twenty Four Hour (24) Facility Employees: For employees who
work in a twenty-four (24) hour facility in the Health Services Department and who
are not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and
ends at 12:00 midnight on Saturday.
6.2 Staggered Work Schedule. The Department of Employment and Human Services
shall continue to operate a staggered work schedule plan. Office hours shall remain open
to the public from 8:00 a.m. to 5:00 p.m. Monday through Friday. Permanent full-time
employees shall have the option to select, subject to prior approval of the department, an
eight (8) hour day, forty (40) hour workweek schedule consisting of work hours which may
be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The following
shall serve as the basic criteria for the staggered shift:
A. All employees must be present at their office or otherwise engaged in the duties of
their position during the core hours of 10:00 a.m. and 3:30 p.m.
B. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m.
SECTION 6 – DAYS AND HOURS OF WORK
SEIU 1021 SLS - 18 - 2013-2016
C. The selected staggered work schedule shall consist of the same hours of work each
day except for when a schedule including one varying eight (8) hour workday is
necessary to provide "officer of the day" coverage or for other specific
circumstances in which the department determines that such a varying schedule is
appropriate. The decision of the Department Head or designee shall be final.
D. Lunch periods of one (1) or one-
the employee desires to change the scheduled lunch hour from one (1) hour to one-
or from one-
approved in advance by the Department Head or designee. Lunch periods shall be
taken within one (1) hour of the midpoint of the employee's scheduled workday.
E. Each work unit designated by placement under a single line supervisor shall have at
least one line worker in the office during the hours of 8:00 a.m. to 5:00 p.m. Each
such unit shall also have at least one additional line worker in the office or otherwise
engaged in the duties of their positions during the hours of 8:00 a.m. and 4:30 p.m.
There are two (2) situations in which exceptions may be made to these minimum
coverage provisions. Units which are placed under a single supervisor but which
are split between two (2) or more buildings may be clustered with another unit of a
like program function in the immediate work areas of the same building for the
purpose of maintaining minimum coverage during the time period between 4:30 p.m.
and 5:00 p.m. A unit of three (3) or fewer workers may be clustered with another unit
of a like program function in the immediate work area for purpose of maintaining
minimum coverage, provided that the total number of workers in the units so
clustered shall not exceed eight (8).
F. Each employee's proposed staggered schedule must be submitted in writing and
approved by the Department Head or designee prior to implementation.
G. Changes in staggered schedules shall be requested in writing and must have the
approval of the Department Head or designee prior to implementation.
H. Conflicting requests for schedules shall be resolved by the Department Head whose
decision shall be final.
I. In the event coverage within a location becomes temporarily reduced as a result of
scheduling revisions or absenteeism, employees will be expected to assure that the
necessary functions are performed, particularly the answering of telephones.
J. It is understood that an individual employee's schedule may be changed due to the
needs of the department.
K. In the event this staggered scheduling provision is found by the department to be
inconsistent with the needs of the department, the department shall so advise
representatives of Local 1021 and the County and the Union shall meet and confer
in an attempt to resolve the inconsistency.
6.3 Automated Timekeeping Implementation: The Union agrees to the
SECTION 7 - PAID PERSONAL LEAVE
SEIU 1021 SLS - 19 - 2013-2016
implementation of an Automated Timekeeping System.
6.4 Time Reporting/Time Stamping: Temporary and Permanent Intermittent (hourly)
employees must timestamp in and out as they begin their work shifts, finish their
work shifts, and take meal periods. Salaried employees will report time off and time
worked for special pays on the electronic timecard.
SECTION 7 – PAID PERSONAL LEAVE
Effective January 1, 1997, employees in the Social Services First-Line Supervisors Unit will
be credited with fifty (50) hours of paid personal leave to recognize the fact that these
employees do not and will not receive payment for overtime. Said fifty (50) hours 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 payoff of unused personal leave credits.
Administration of paid personal leave shall be administered in accordance with provisions
of Administrative Bulletin 323.
SECTION 8 - CALL BACK TIME PAY
A. If approved by the County Administrator's Office, a permanent full-time and
permanent part-time employee assigned to the Emergency Response Program who is
called back to duty will be paid for Call Back Time. Call Back Time occurs when an
employee is not scheduled to work and is not on County premises, but is called back to
work on County premises or for a County work assignment. An employee called back to
work will be paid Call Back Time Pay at the rate of one and one-half (1.5) times his/her
base rate of pay (not including differentials) for the actual Call Back Time worked plus one
(1) hour. An employee called back to work will be paid a minimum of two (2) hours for each
Call Back Time event.
B. Effective January 1, 2015, permanent full-time and part-time employees in the
classification of Social Work Supervisor II (X0HA) who are assigned to the Emergency
Response Program (Org. Number 5216) and are contacted by telephone during their on-
call duty, will not receive any additional pay if the cumulative total of the telephone
conversations do not exceed thirty (30) minutes per on-call shift. If the telephone
conversations exceed a cumulative total of thirty (30) minutes up to a maximum of sixty (60)
minutes per on-call shift, the employee will be paid telephone call back pay at one and one-
half (1.5) times the employee’s regular rate of pay in one minute in crements up to a
maximum of sixty (60) minutes. If the telephone conversations exceed a cumulative total of
sixty (60) minutes per on-call shift, the employee will be paid Call Back Time in accordance
with Section 8.A. above.
SECTION 9 – ON-CALL DUTY
SECTION 9 – ON-CALL DUTY
SEIU 1021 SLS - 20 - 2013-2016
SECTION 9 - ON-CALL DUTY
If approved by the County Administrator's Office, on-call duty is any time other than time
when the employee is actually on duty during which an employee is not required to be
on County premises but stand ready to immediately report for duty and must arrange so
that his/her superior can reach him/her on ten (10) minutes notice or less. Any
employee assigned to the Emergency Response Program who is assigned to on-call
time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-
call time.
Those positions which are on-call shall be designated by the appointing authority whose
decision is final. Assignment to an on-call position shall be in accordance with Section
38 – Staffing Allocations and Reassignments.
SECTION 10 – SHIFT DIFFERENTIAL
A. Permanent full-time and permanent part-time employees:
1.Permanent full-time and permanent part-time employees will be paid a shift
differential of five percent (5%) for the employee’s entire scheduled shift
when the employee is scheduled to work for four (4) or more hours between
5:00p.m. and 9:00a.m.
2.In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on
the day the shift is scheduled to begin. Hours worked in excess of the
employee’s scheduled workday will count towards qualifying for the shift
differential, but the employee will not be paid the shift differential on any
excess hours worked.
3.Employees who commence a vacation, paid sick leave period, paid disability
or other paid leave immediately after working a shift that qualifies for the shift
differential, will have the shift differential included in computing the pay for
their time on paid leave. Employees on a rotating shift schedule who
commence a vacation, paid sick leave, paid disability, or other paid leave will
be paid the shift differential that they would have received had the employees
worked the scheduled shift during the period of paid leave. Shift differential
shall only be paid during paid sick leave and paid disability leave as provided
above for the first thirty (30) calendar days of each absence.
B. Permanent Intermittent and Temporary employees:
1.Permanent Intermittent and temporary employees will be paid a shift
differential of five percent (5%) for a maximum of eight (8) hours per work
day and/or forty (40) hours per workweek when the employee works four (4)
or more hours between 5:00p.m. and 9:00a.m.
2.In order to receive the shift differential, the employee must start work
between the hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on
the day the shift is scheduled to begin. Hours worked in excess of eight (8)
hours in a workday will count towards qualifying for the shift differential, but
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 SLS - 21 - 2013-2016
the employee will not be paid the shift differential on any excess hours
worked.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ 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.
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 Labor Relations Manager
that the Board of Supervisors may take action which will result in the layoff of
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 SLS - 22 - 2013-2016
employees in a representation unit, the Labor Relations Manager shall notify
the Union of the possibility of such layoffs and shall meet and confer with the
Union regarding the implementation of the action.
11.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the
merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as the
Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in 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 permanent intermittent or permanent part-time position, the least
senior employee being displaced first.
2.In the Same Level or Lower Class. A laid off or displaced employee who had
achieved permanent status in a class at the same or lower salary level as
determined by the salary schedule in effect at the time of layoff may displace
within the department and in the class an employee having less seniority; the
least senior employee being displaced first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
1.Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respectively.
2.A permanent full-time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class as provided in Section
11.2.C.1 or, 2) in a class of the same or lower salary level as provided in
Section 11.2.C.2 if no full-time employee in a class at the same or lower
salary level has less seniority than the displacing employees.
3.Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of a
proposed layoff with the written approval of the Human Resources Director or
designee retain their permanent full-time employee seniority rights for layoff
purposes only and may in a later layoff displace a full-time employee with
less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
SEIU 1021 SLS - 23 - 2013-2016
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 of the former class,
shall carry the seniority accrued in the former class into the new class. Employees
reallocated to a new deep class upon its initiation or otherwise reallocated to a deep
class because the duties of the position occupied are appropriately described in the
deep class shall carry into the deep class the seniority accrued or carried forward in
the former class and seniority accrued in other classes which have been included in
the deep 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 employee's 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 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. 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 & 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
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
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lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a
request for personnel is received from the appointing authority of a department from
which an eligible(s) was laid off, the appointing authority shall receive and appoint
the eligible highest on the layoff list from the department. When a request for
personnel is received from a department from which an eligible(s) was not laid off,
the appointing authority shall receive and appoint the eligible highest on the layoff
list who shall be subject to a probationary period. A person employed from a layoff
list shall be appointed at the same step of the salary range the employee held on the
day of layoff.
J. Removal of Names from Layoff Lists. The Human Resources Director may remove
the name of any eligible from a layoff list for any reason listed below:
1.For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2.On evidence that the eligible cannot be located by postal authorities.
3.On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment in
the class.
4.If three (3) offers of permanent appointment to the class for which the eligible
list was established have been declined by the eligible.
A single offer is defined as an offer of all the permanent positions that are
available at that time. A rejection of all of those offered positions constitutes
a single declination.
5.If the eligible fails to respond to the Human Resources Director or the
appointing authority within ten (10) days to written notice of certification
mailed to the person's last known address.
If the person on the reemployment or layoff list is appointed to another
position in the same or lower classification, the name of the person shall be
removed. However, if the first permanent appointment of a person on a layoff
list is to a lower class which has a top step salary lower than the top step of
the class from which the person was laid off, the name of the person shall not
be removed from the layoff list.
K. Removal of Names from Reemployment and Layoff Certifications. The Human
Resources Director may remove the name of any eligible from a reemployment or
layoff certification if the eligible fails to respond within five (5) days to a written notice
of certification mailed to the person's last known address.
11.3 Notice. The County will give employees scheduled for layoff at least ten (10) work
days notice prior to their last day of employment.
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11.4 Special Employment Lists. The County will establish a Tactical Employment Team
(TET) employment pool which will include the names of all laid off County employees. The
names of employees who remain County employees but who have been displaced or who
have demoted as a result of a layoff or displacement, or who have voluntarily demoted or
transferred in lieu of layoff or displacement will also be included in the TET employment
pool. Special employment lists for job classes may be established from the pool. Persons
placed on a special employment list must meet the minimum qualifications for the class. An
appointment from such a list will not affect the individual's status on a layoff list(s). The
name of any person included in the TET employment pool shall continue to be in the poo l
for a period of four (4) years, unless the employee’s name is removed from the layoff list,
which will cause the employee’s name to be rem oved from the TET pool as well.
Employees in the TET employment pool shall be guaranteed a job interview for any vacant
funded position for which they meet minimum qualifications. If there are more than five
such employees who express an interest for one vacant funded position, the five most
senior employees shall be interviewed. Seniority for this subsection shall be County
seniority.
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.
SECTION 12 - HOLIDAYS
12.1 Holidays and Personal Holiday Credit. 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
December 25th, known as Christmas Day
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Such other days as the Board of Supervisors may by resolution designate as
holidays.
1.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.
2.For employees who work in twenty-four (24) hour facilities and who are
assigned to work on a holiday, any holiday that falls on a Saturday will be
observed on a Saturday, and any holiday that falls on a Sunday will be
observed on a Sunday.
B. Effective January 1, 2012, each full-time employee will accrue four (4) hours of
personal holiday credit per month. Such personal holiday time may be taken in one
(1) minute increments and may not be rounded, 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.
C. Employees will accrue their personal holiday credit during months they are in pay
status provided however that 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 credits at the employee's then current pay rate
D. Effective January 1, 2012, employees who work in twenty-four (24) hour facilities
will, in addition to those holidays specified in Section 12.1A, observe Admission day
on September 9, Columbus Day on the second Monday in October, and Lincoln's
Day on February 12 as holidays, but will not accrue the four (4) hours per month of
personal holiday credit referenced in Section 12.1.B above, but will accrue two (2)
hours per month of personal holiday credit. No employee may accrue more than
forty (40) hours of personal holiday credit. On separation from County service, an
employee will be paid for any unused personal holiday credits at the employee's
then current pay rate.
12.2 Holiday is Observed (NOT WORKED)
A. Full Time Employees:
1.Holidays Observed – Full Time Employees: Full time employees on
regular, 4/10, 9/80, flexible, and alternate work schedules are entitled to
observe a holiday [eight (8) hours off], without a reduction in pay, whenever a
holiday is observed by the County.
2.Holidays Observed on Regular Day off of Full Time Employees on 4/10,
9/80, Flexible, and Alternate Work Schedule: When a holiday is observed
by the County on the regularly scheduled day off of an employee who is on a
4/10, 9/80, flexible, or alternate work schedule, the employee is entitled to
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take eight (8) hours off, without reduction in pay, in recognition of the holiday.
The employee is also entitled to receive eight (8) hours of flexible pay at the
rate of 1.0 times his/her base rate of pay (not including differentials) in
recognition of his/her regularly scheduled day off.
3.Holiday Observed- Full Time Employee Scheduled in Excess of Eight (8)
hours: When a holiday falls on an employee’s regularly 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 on one (1) hour
of non-sick leave accruals. If the workday is a ten (10) hour day, the
employee must use two (2) hours of non-sick leave accruals. If the employee
does not have any non-sick leave accrual balances, leave without pay
(AWOP) will be authorized.
4.Holiday Observed- Full Time Employees Scheduled for Less than Eight
(8) hours: 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 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 hours the employee was scheduled to work on the holiday.
A. Part Time Employees:
1.Holidays 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 eight (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 x 8 = 4.8). Hereafter, the number of hours
produced by this calculation will be referred to as the “part time employee’s
holiday hours.”
2.Holiday Observed on Regular Day off of Part Time Employees: When a
holiday is observed by the County on the regularly 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 received
flexible pay at the rate of 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.
3.Holiday Observed- Part Time Employees Scheduled to Work in Excess
of “Part Time Employee’s Holiday Hours”: When the number of hours in a
part time employee’s scheduled work day that falls a holiday 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 employees “part time employee’s holiday hours.” If the
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employee does not have any non-sick leave accrual balances, leave without
pay (AWOP) will be authorized.
4.Holiday Observed- Part Time Employees Scheduled to Work Less than
“Part Time Employee’s Holiday Hours”: When the number of hours in a
part time employee’s scheduled work day that fall on a holiday is less than
the employee’s “part time employee’s holiday hours,” the employee is also
entitled to receive flexible pay at the rate of 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.”
12.3 Permanent-Intermittent Employees: Permanent-Intermittent employees who
work on a holiday are entitled to receive regular pay at the rate of one (1.0) times his/
her base rate of pay (not including differentials) for all hours worked on the holiday.
SECTION 13 – VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a permanent position. Increased
accruals begin on the first of the month following the month in which the employee
qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour
calculated on the same basis as for partial month compensation pursuant to Section 5.6
–Compensation for Portion of Month of this MOU. Vacation may be taken in increments
of one (1) minute and may not be rounded. Vacation credits may not be taken during
the first six (6) months of employment (not necessarily synonymous with probationary
status) except where sick leave has been exhausted; and none shall be allowed in
excess of actual accrual at the time vacation is taken.
13.2 Vacation 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
Employees in permanent part-time and permanent-intermittent positions shall accrue
vacation benefits on a pro-rata basis as provided in Section 36-1.006 of Board Resolution
No. 81/1165.
A. Vacation Accrual Increases for Employees Hired on and before June 30, 2009:
Employees with a first of the month Service Award Date: Each employee with a
Service Award Date that is on the first day of a month is eligible to accrue increased
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vacation hours on his/her Service Award Date.
Example:
1.The employee’s Service Award Date is January 1, 1988.
2.The employee reaches 20 years of service on January 1, 2008.
3.January 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4.The increased vacation hours will first appear on the employee’s February 10,
2008 pay warrant.
Employees NOT with a first of the month Service Award Date: Each employee whose
Service Award Date is NOT on the first day of a month is eligible to accrue increased
vacation hours on the first day of the month following the employee's Service Award Date.
Example Two:
1.An employee’s Service Award Date is February 24, 1987.
2.The employee reached 20 years of service on February 24, 2007.
3.March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4.The increased vacation hours will first appear on the employee’s April 10, 2007
pay warrant.
B. Vacation Accrual Increases for Employees Hired on and after July 1, 2009:
Each employee hired on and after July 1, 2009 is eligible to accrue increased vacation
hours on the first day of the month following the employee's Service Award Date.
Example One:
1.The employee’s Service Award Date is January 1, 1988.
2.The employee reached 20 years of service on January 1, 2008.
3.February 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4.The increased vacation hours will appear on the employee’s March 10, 2008,
pay warrant.
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Example Two:
1.An employee’s Service Award Date is February 24, 1987.
2.The employee reached 20 years of service on February 24, 2007.
3.March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4.The increased vacation hours will appear on the employee’s April 10, 2007, pay
warrant.
C. Service Award Date Defined: An employee’s Service Award Date is the first day of
his/her temporary, provisional, or permanent appointment to a position in the
County. If an employee is first appointed to a temporary or provisional position and
then later appointed to a permanent position, the Service Award Date for that
employee is the date of the first day of the temporary or provisional appointment.
Employees who are separated and rehired with the County will have their Service
Award Date adjusted in accordance with Section 16.2 of the Salary Regulations.
13.3 Vacation Accrual During Leave Without Pay. No employee who has been
granted a leave without pay or unpaid military leave shall accrue any vacation credit during
the time of such leave, nor shall an employee who is absent without pay accrue vacation
credit during the absence.
13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's then
current pay rate.
13.5 Vacation Preference. Preference of vacation shall be given to employees
according to their seniority in their department as much as is reasonably possible.
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 and memoranda of understanding. Employees who work a
portion of a month are entitled to a pro rata share of the monthly sick leave credit computed
on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one (1) minute
increments and may not be rounded.
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Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave
credits shall be canceled, unless the separation results from layoff, in which case the
accumulated credits shall be restored if reemployed in a permanent position within the
period of lay off eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of one (1) day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary
purpose of paid sick leave is to ensure employees against loss of pay for temporary
absences from work due to illness or injury. The following definitions apply:
Immediate Family means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent,
grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, 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 means any person employed by Contra Costa County in an allocated position in
the County service.
Paid Sick Leave Credits means those sick leave credits provided for by County Salary
Regulations and memoranda of understanding.
Condition/Reason. With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or verified,
a brief statement in non-technical terms from the employee regarding inability to work due
to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority approval,
by an employee in pay status, but only in the following instances:
A. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
B. Permanent Disability Sick Leave. Permanent disability means the employee suffers
from a disabling physical injury or illness and is thereby prevented from engaging in
any County occupation for which the employee is qualified by reason of education,
training or experience. Sick 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:
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SEIU 1021 SLS - 32 - 2013-2016
1.An application for retirement due to disability has been filed with the
Retirement Board.
2.Satisfactory medical evidence of such disability is received by the appointing
authority within thirty (30) days of the start of use of sick leave for permanent
disability.
3.The appointing authority may review medical evidence and order further
examination as deemed necessary, and may terminate use of sick leave
when such further examination demonstrates that the employee is not
disabled, or when the appointing authority determines that the medical
evidence submitted by the employee is insufficient, or where the above
conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits when under
a physician's order to remain secluded due to exposure to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is
caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery
therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by
such employee during the period of such disability under the conditions set forth
below:
1.Application for such leave must be made by the employee to the appointing
authority accompanied by a written statement of disability from the
employee's attending physician. The statement must address itself to the
employee's general physical condition having considered the nature of the
work performed by the employee, and it must indicate the date of the
commencement of the disability as well as the date the physician anticipates
the disability to terminate.
2.If an employee does not apply for leave and the appointing authority believes
that the employee is not able to properly perform her work or that her general
health is impaired due to disability caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or recovery therefrom the employee shall be
required to undergo a physical examination by a physician selected by the
County. Should the medical report so recommend, a mandatory leave shall
be imposed upon the employee for the duration of the disability.
3.Except as set forth in Section 14.3 H Baby/Child Bonding, sick leave may not
be utilized after the employee has been released from the hospital unless the
employee has provided the County with a written statement from her
attending physician stating that her disability continues and the projected
dates of the employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave credits:
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SEIU 1021 SLS - 33 - 2013-2016
1.For working time used in keeping medical and dental appointments for the
employee's own care; and
2.For working time used by an employee for prescheduled medical and dental
appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
G. Death of Family Member. An employee may use paid sick leave credits for working
time used because of a death in the employee's immediate family or of the
employee's domestic partner, but this shall not exceed three (3) working days, plus
up to two (2) days of work time for necessary travel. Use of additional accruals
including sick leave when appropriate, may be authorized in conjunction with the
bereavement leave at the discretion of the appointing authority.
H. Baby/Child Bonding. Upon the birth or adoption of a child, an employee eligible for
baby-bonding leave pursuant to the California Family Rights Act may use sick leave
credits for such baby-bonding leave.
I. Accumulated paid sick leave credits may not be used in the following situations:
1.Vacation. Paid sick leave credits may not be used for an employee's illness
or injury which occurs while he is on vacation but the County Administrator
may authorize it when extenuating circumstances exist and the appointing
authority approves.
2.Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but is not
in pay status.
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 responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
3.Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family medical
and dental appointment.
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SEIU 1021 SLS - 34 - 2013-2016
4.Employees are encouraged to keep the department advised of (1) a current
telephone number to which sick leave related inquiries may be directed, and
(2) any condition(s) and/or restriction(s) that may reasonably be imposed
regarding specific locations and/or persons the department may contact to
verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied if these
procedures are not followed. Abuse of sick leave on the part of the employee is
cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the sick
leave claim. The Department Head or designee may make reasonable inquiries
about employee absences. The department may require medical verification for an
absence of three (3) or more working days. The department may also require
medical verification for absences of less than three (3) working days for probable
cause if the employee had been notified in advance in writing that such verification
was necessary. Inquiries may be made in the following ways:
1.Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification was not
made in accordance with departmental sick leave call-in guidelines. These
inquiries shall be subject to any restrictions imposed by the employee under
Section 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 insure the submission of a time card covering each employee absence and for
operating their respective offices in accordance with these policies and with
clarifying regulations issued by the Office of the County Administrator.
To help assure uniform policy application, the Director of Human Resources or
designated management staff of the County Human Resources Department should
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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 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 he/she deems necessary in
accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, the employee shall
be given notice of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified mail, containing the following:
1.a statement of the leave of absence or suspension proposed;
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2.the proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee;
3.a statement of the basis upon which the action is being taken;
4.a statement that the employee may review the materials upon which the
action is taken;
5.a statement that the employee has until a specified date (not less than seven
(7) workdays from personal delivery or mailing of the notice) to respond to
the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in writing
may place the employee on a temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven (7)
workdays to respond to the appointing authority either orally or in writing before the
proposed action may be taken.
H. After having complied with the notice requirements above, the appointing authority
may order the leave of absence or suspension in writing stating specifically the basis
upon which the action is being taken, delivering the order to the employee either
personally or by certified mail, effective either upon personal delivery or deposit in
the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
order, appeal the order in writing through the Director of Human Resources to the
Merit Board. Alternatively, the employee may file a written election with the Director
of Human Resources waiving the employee's right to appeal to the Merit Board in
favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator,
the employee has the burden of proof to show that either:
1.the physical or mental health condition cited by the appointing authority does
not exist, or
2.the physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's performance of duty, or is not
sufficient to endanger the health or safety of the employee, other employees,
or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the
Director of Human Resources to the Merit Board for hearing under the Merit Board's
Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in
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such hearings shall remain confidential information and shall not be a part of the
public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his/her
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by the
parties. The arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1.The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2.The arbitrator may make his/her decision based only on evidence submitted
by the County and the employee.
3.The arbitrator may order back pay or paid sick leave credits for any period of
leave of absence or suspension if the leave or suspension is found not to be
sustainable, subject to the employee's duty to mitigate damages.
4.The arbitrator's fees and expenses shall be paid one-half by the County and
one-half by the employee or employee's association.
M. It is understood that the benefits specified in Section 14 – Sick Leave and Section
15 – Workers’ Compensation shall be coordinated with the rehabilitation program as
determined by the labor-management committee.
N. No employee who has been granted a leave without pay or 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.
SECTION 15 – WORKERS' COMPENSATION AND CONTINUING PAY
15.1 Workers' Compensation. A permanent employee shall continue to receive the
appropriate percent of regular monthly salary, for all accepted claims filed before January
1, 2000, during any period of compensable temporary disability absence not to exceed one
year. For all accepted claims filed with the County on or after January 1, 2000, the
percentage of pay for employees entitled to Workers’ Compensation shall be decreased
from to 87% to 86%. For all accepted claims filed with the County on or after January 1,
2007, the percentage of regular monthly salary for employees entitled to Workers’
Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%).
For all accepted claims filed with the County on or after January 1, 2008, the percentage of
regular monthly salary for employees entitled to Workers’ Compensation shall be
decreased from eighty percent (80%) to seventy-five percent (75%). If Workers'
Compensation becomes taxable, the County agrees to restore the original benefit level
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(100% of monthly salary) and the parties shall meet and confer with respect to funding the
increased cost.
A. Waiting Period. Employees who leave work as a result of an on-the-job injury will
have the balance of that day charged to continuing pay, sick leave and/or vacation
accruals. This will be considered as the last day worked for purposes of determining
Workers' Compensation benefits.
A permanent employee shall receive the authorized percentage of regular salary
during any period of compensable temporary disability absence. "Compensable
temporary disability absence" for the purpose of this Section, is any absence due to
work-connected disability which qualifies for temporary disability compensation as
set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California. When
any disability becomes permanent, the salary provided in this Section shall
terminate. The employee shall return to the County all temporary disability
payments received by him/her from any County funded wage replacement program.
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 salary
payments are made.
The maximum period for the described salary continuation for any one injury or
illness shall be one year from the date of temporary disability.
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. Payment of continuing pay and/or
temporary disability compensation shall be made in accordance with Part 2, Article 3
of the Workers’ Compensation Laws of California. All continuing pay under the
Workers' Compensation Program will be cleared through the County Administrator's
Office, Risk Management Division. “Compensable temporary disability absence” for
the purpose of this Section, is any absence due to work connected disability which
qualifies for temporary disability compensation set forth in Part 2, Article 3 of the
Workers’ Compensation Laws of California. When any disability becomes medically
permanent and stationary and/or reaches maximum medical improvement, the
salary provided by this Section shall terminate. No charge shall be made against
sick leave or vacation for these salary payments. Sick leave and vacation rights
shall not accrue for those periods during which continuing pay is received.
Employees shall be entitled to a maximum of one (1) year of continuing pay benefits
for any one injury or illness.
Continuing pay begins at the same time that temporary Workers’ Compensation
benefits commence and continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical improvement, or until one
(1) year of continuing pay, whichever comes first provided the employee 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
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will be paid Workers’ Compensation benefits as prescribed by Workers’
Compensation laws.
C. Full Pay Beyond One (1) Year. If an injured employee remains eligible for
temporary disability beyond one (1) year, the authorized salary will continue by
integrating sick leave and/or vacation accruals with Workers' Compensation
benefits. If salary integration is no longer available, Workers' Compensation benefits
will be paid directly to the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation Rehabilitation Temporary Disability benefits and whose disability is
medically permanent and stationary and/or reaches maximum medical
improvement, will continue to receive his/her 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(s) continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
15.2 Method of Integration. An employee's sick leave and/or vacation charges shall be
calculated as follows:
C = 8 [1 – (W ÷ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
15.3 State Disability. Effective July 1, 1994, the County will begin a six-month pilot
program for employees eligible for State Disability benefits. At the end of the six (6) month
pilot program, the County will meet and confer to evaluate whether the plan will be
continued. Employees eligible for SDI benefits will be required to make application for SDI
benefits and to have those benefits integrated with the use of their sick leave accruals on
the following basis:
15.4 General Provisions. The California SDI program provides disability benefits
beginning on the eighth (8th) calendar day of a qualifying disability unless the employee is
hospitalized. Upon hospitalization, benefits can be payable from the first day of the
disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable
from the first day of the disability. The maximum period of state disability payments is up to
one year. Determination of SDI payments and eligibility to receive payments is at the sole
discretion of the State of California.
Integration means that employees will be required to use sick leave accruals to supplement
the difference between the amount of the SDI payment and the employee's base monthly
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salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived.
Integration applies to all SDI benefits paid. For employees off on SDI, the department will
make appropriate integration adjustments, including retroactive adjustments if necessary.
Employees must inform their department of hospitalization in a timely manner in order for
the department to make appropriate integration adjustments.
State Disability benefit payments will be sent directly to the employees at their home
address by the State of California.
When there are insufficient sick leave accruals available to fully supplement the difference
between the SDI payment and the employee's base monthly salary, accruals other than
sick leave may be used. These accruals may be used only to the extent that total
payments do not exceed the employee's base monthly salary.
15.5 Procedures. Employees with more than 1.2 hours of sick leave accruals at the
beginning of the disability integration period must integrate their sick leave accrual usage
with their SDI benefit to the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the department shall automatically use 0.1 hour of sick leave
per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration with the SDI benefit terminates.
An employee may use any other accruals without reference to or integration with the SDI
benefit.
When the SDI benefit is exhausted, sick leave integration terminates. Then the employee
may use sick leave or other accruals.
Employees with no sick leave balance at the beginning of the disability integration period
may use any other accruals without reference to or integration with the SDI benefit.
Employees whose SDI claims are denied must present a copy of their claim denial to their
department. The department will then authorize use of unused sick leave and shall
authorize the use of other accruals as appropriate.
Employees may contact the Human Resources Department, Benefits Division, for
assistance in resolving problems.
15.6 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave,
the employee's sick leave accrual charges while receiving SDI benefits shall be calculated
each month.
The amount of sick leave charged each employee will be calculated in the following
manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to the
daily hours in the employee's schedule and that number of sick leave hours will be charged
against the employee's sick leave accruals.
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For purposes of integration with the SDI program, all full-time employees' schedules will be
converted to 8-hour/5-day weekly work schedules during the period of integration.
The formula for full-time employees' sick leave integration charges is shown below:
L = [(S-D) ÷ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit [D = (W ÷ 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees, and those full-time employees
working a light/limited duty reduced schedule program shall have their sick leave
integration adjusted accordingly.
15.7 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined
as the salary amount for the employee's step on the salary schedule for the employee's
permanent classification as shown in the "Salary" field on the On-Line Payroll Time
Reporting System used by departments for payroll reporting purposes.
15.8 Conversion to the New SDI Program. For all employees receiving SDI benefits
prior to July 1, 1994, conversion to the new SDI program operated by departmental payroll
staff will be coordinated by the Human Resources Department, Benefits Division.
All employee SDI benefit checks received in the Human Resources Department and signed
over to the County by June 30, 1994, will be deposited and used to buy back the
employee's sick leave, with sick leave credits appearing on the July 10th pay warrants
insofar as possible.
All Employee SDI benefit checks received, but not signed over to the County, by June 30,
1994, will be returned to the employee. All employee SDI benefit checks received after
June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy
back will be made, regardless of the calendar period to which the benefit checks pertain.
Program transfer to departmental payroll staff will be effective July 1, 1994 for the month of
July with the first computation of SDI benefits and integration with sick leave under the new
program made on the August 10, 1994 pay warrants covering the July 1994 payroll period.
SECTION 16 – CATASTROPHIC LEAVE BANK
16.1 Program Design. The County Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of
the employee or family member. The program establishes and maintains a Countywide
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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 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.
16.2 Operation.
A. 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 as
necessary to consider all requests for credits and shall make determinations as to
the appropriateness of the request. The committee shall determine the amount of
accruals to be awarded for employees whose donations are non-specific.
Consideration of all requests by the committee will be on an anonymous requestor
basis.
B. 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.
C. 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.
D. 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.
E. 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.
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F. Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred twenty
(120) hours per calendar year.
G. 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.
H. No employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to
amounts of benefits awarded and as to persons awarded benefits. Benefits may be
denied, or awarded for less than six (6) months. The committee will be entitled to
limit benefits in accordance with available contributions and to choose from among
eligible applicants, on an anonymous basis, those who will receive benefits, except
for hours donated to a specific employee. In the event a donation is made to a
specific employee and the committee determines the employee does not meet the
Catastrophic Leave Bank criteria, the donating employee may authorize the hours to
be donated to the bank or returned to the donor’s account. The donating employee
will have fourteen (14) calendar days from notification to submit his/her decision
regarding the status of their donation, or the hours will be irrevocably transferred to
the Catastrophic Leave Bank.
I. Any unused hours transferred to a recipient will be returned to the Catastrophic
Leave Bank.
SECTION 17 – LEAVE OF ABSENCE
17.1 Leave Without Pay. Any employee who has permanent status may be granted a
leave of absence without pay upon written request, approved by the appointing authority;
provided, however, that leaves for pregnancy, pregnancy disability, serious health
conditions, and family care shall be granted in accordance with applicable state and federal
law.
17.2 General Administration - Leaves of Absence. Requests for leaves of absence
without pay shall be made upon forms prescribed by the Director of Human Resources and
shall state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1.Illness, disability or serious health condition;
2. pregnancy or pregnancy disability;
3.family care;
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SEIU 1021 SLS - 44 - 2013-2016
4.to take a course of study such as will increase the employee's usefulness on
return to the position;
5.for other reasons or circumstances acceptable to the appointing authority.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five (5)
days of learning of the event by which the need for family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The procedure in
granting extensions shall be the same as that in granting the original leave, provided
that the request for extension must be made not later than thirty (30) calendar days
before the expiration of the original leave.
D. Nevertheless, a leave of absence for the employee's serious health condition or for
family care shall be granted to an employee who so requests it for up to eighteen
(18) weeks during a “rolling” twelve (12) month period measured backward from the
date the employee uses his/her FMLA leave in accordance with Section 17.5 below.
E. Whenever an employee who has been granted a leave without pay desires to return
before the expiration of such leave, the employee shall submit a request to the
appointing authority in writing at least fifteen (15) days in advance of the proposed
return. Early return is subject to prior approval by the appointing authority. The
Human Resources Department shall be notified promptly of such return.
F. Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, disability, or serious health condition, the decision of the appointing
authority granting or denying leave or early return from leave shall be subject to
appeal to the Director of Human Resources and not subject to appeal through the
grievance procedure set forth in this MOU.
17.3 Furlough Days Without Pay. The existing VTO program shall be continued for
the life of the contract.
17.4 Military Leave. Any employee who is ordered to serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the period of such service, plus ninety
(90) days. Additionally, any employee who volunteers for such service during mobilization
under Executive Order of the President or Congress of the United States and/or the State
Governor in time of emergency shall be granted a leave of absence in accordance with
applicable state or federal laws. Upon the termination of such service or upon honorable
discharge, the employee shall be entitled to return to his/her position in the classified
service provided such still exists and the employee is otherwise qualified, without any
loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the
SECTION 17 – LEAVE OF ABSENCE
SEIU 1021 SLS - 45 - 2013-2016
time of such leave, nor shall the employee be prejudiced thereby with reference to salary
adjustments or continuation of employment. For purposes of determining eligibility for
salary adjustments or seniority in case of layoff or promotional examination, time on military
leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as the
Director of Human Resources may deem necessary.
17.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in
a “rolling” twelve (12) month period measured backward from the date the employee uses
his/her FMLA leave, any employee who has permanent status shall be entitled to at least
eighteen (18) weeks leave (less if so requested by the employee) for:
A. medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position; or
B. family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness or health
condition of a child, parent, spouse, or domestic partner of the employee.
17.6 Medical Certification. The employee may be asked to provide certification of the
need for family care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
17.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken
periods, intermittently on a regular or irregular basis, or may include reduced work
schedules depending on the specific circumstances and situations surrounding the request
for leave. The eighteen (18) weeks may include use of appropriate available paid leave
accruals when accruals are used to maintain pay status, but use of such accruals is not
required beyond that specified in Section 17.12 below. When paid leave accruals are used
for a medical or family care leave, such time shall be counted as a part of the eighteen (18)
week entitlement.
17.8 Aggregate Use for Spouse. 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 employees together of
eighteen (18) weeks during a “rolling” twelve (12) month period measured backward from
the date an employee uses his/her FMLA leave. Employees requesting family care leave
are required to advise their appointing authority(ies) when their spouse is also employed by
the County.
17.9 Definitions. For medical and family care leaves of absence under this section, the
following definitions apply:
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A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a
child who is under eighteen (18) years of age for whom an employee stands in loco
parentis or for whom the employee is the guardian or conservator, or an adult
dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the
employee is not related and with whom the employee resides and shares the
common necessities of life.
E. Serious Health Condition: An illness, injury, impairment, or physical or mental
condition which warrants the participation of a family member to provide care during
a period of treatment or supervision and involves either inpatient care in a hospital,
hospice or residential health care facility or continuing treatment or continuing
supervision by a health care provider (e.g. physician or surgeon) as defined by state
and federal law.
F. Certification for Family Care Leave: A written communication to the employer from a
health care provider of a person for whose care the leave is being taken which need
not identify the serious health condition involved, but shall contain:
1.the date, if known, on which the serious health condition commenced;
2.the probable duration of the condition;
3.an estimate of the amount of time which the employee needs to render care
or supervision;
4.a statement that the serious health condition warrants the participation of a
family member to provide care during period of treatment or supervision;
5.if for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist in their recovery, and its
expected duration.
G. Certification for Medical Leave: A written communication from a health care
provider of an employee with a serious health condition or illness to the employer,
which need not identify the serious health condition involved, but shall contain:
1.the date, if known, on which the serious health condition commenced;
2.the probable duration of the condition;
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SEIU 1021 SLS - 47 - 2013-2016
3.a statement that the employee is unable to perform the functions of the
employee's job;
4.if for intermittent leave or a reduced work schedule leave, the certification
should indicate the medical necessity for the intermittent leave or reduced
leave schedule and its expected duration.
H. Comparable Positions: A position with the same or similar duties and pay which can
be performed at the same or similar geographic location as the position held prior to
the leave. Ordinarily, the job assignment will be the same duties in the same
program area located in the same city, although specific clients, caseload, co-
workers, supervisor(s), or other staffing may have changed during an employee's
leave.
17.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under
Section 14.3.d - Sick Leave Utilization for Pregnancy Disability, that time will not be
considered a part of the eighteen (18) week family care leave period.
17.11 Group Health Plan Coverage. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their health
plan coverage with the County contribution by maintaining their employment in pay status
as described in Section 17.12. During the eighteen (18) weeks of an approved medical or
family care leave under Section 17.6 above, the County will continue its contribution for
such health plan coverage even if accruals are not available for use to maintain pay status
as required under Section 17.12. In order to maintain such coverage, employees are
required to pay timely the full employee contribution to maintain their group health plan
coverage, either through payroll deduction or by paying the County directly.
17.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month by
using available sick leave (if so entitled 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 LTD Benefit Coordination or SDI/Sick Leave Integratio n
under Section 15.5 or as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved
medical or family care leave, if a portion of that leave will be on a leave of absence
without pay, the employee will be required to use at least 0.1 hour of sick leave (if so
entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave),
vacation floating holiday, compensatory time off or other accruals or entitlements if
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SEIU 1021 SLS - 48 - 2013-2016
such are available, although use of additional accruals is permitted under subsection
A. above.
C. Leave of Absence/Long-Term Disability (LTD) Benefit Coordination. An eligible
employee who files an LTD claim and concurrently takes a leave of absence without
pay will be required to use accruals as provided in Section B herein during the
eighteen (18) week entitlement period of a medical leave specified above. If an
eligible employee continues beyond the eighteen (18) weeks entitlement period on a
concurrent leave of absence/LTD claim, the employee may choose to maintain
further pay status only as allowed under subsection A. herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave.
17.13 Leave of Absence Replacement and Reinstatement. Any permanent employee
who requests reinstatement to the classification held by the employee in the same
department at the time the employee was granted a leave of absence, shall be reinstated to
a position in that classification and department and then only on the basis of seniority. In
case of severance from service by reason of the reinstatement of a permanent employee,
the provisions of Section 11 - Seniority, Workforce Reduction, Layoff, and Reassignment
shall apply.
17.14 Leave of Absence Return. In the Department of Employment and Human Services
an employee shall have the right to return to the same class, building, and assignment
(position control number) if the return to work is within eighty-nine (89) consecutive days
from the initial date the employee started leave of absence. At such time the leave of
absence is approved by the Appointing Authority, the Department shall notify the employee
of the final date by which he/she shall return to be assigned to the same position control
number.
17.15 Reinstatement From Family Care Medical Leave. In the case of a family care or
medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than ninety (90) workdays of leave
from the initial date of a continuous leave, including use of accruals, or within the equivalent
on an alternate work schedule. A full-time employee taking an intermittent or reduced work
schedule leave shall be reinstated to the same or comparable position if the return to work
on a full schedule is after no more than 720 hours, including use of accruals, of intermittent
or reduced schedule leave. At the time the original leave is approved, the appointing
authority shall notify the employee in writing of the final date to return to work, or the
maximum number of hours of leave, in order to guarantee reinstatement to the same or
comparable position. An employee on a schedule other than 5/40 shall have the time
frame for reinstatement to the same or comparable position adjusted on a pro rata basis.
17.16 Salary Review While on Leave of Absence. The salary of an employee who is on
leave of absence from a County position on any anniversary date and who has not been
absent from the position on leave without pay more than six (6) months during the
preceding year, shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military leave.
SECTION 18 – JURY DUTY AND WITNESS DUTY
SEIU 1021 SLS - 49 - 2013-2016
17.17 Unauthorized Absence. An unauthorized absence from the work site or failure to
report for duty after a leave request has been disapproved, revoked, or canceled by the
appointing authority, or at the expiration of a leave, shall be without pay. Such absence
may also be grounds for disciplinary action.
17.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain
in effect.
17.19 Time Off to Vote. Employees represented by the Union who do not have sufficient
time outside of working hours to vote at a statewide election, may, without loss of pay, take
off enough working time which will enable the employee to vote.
No more than two (2) hours of the time taken off for voting shall be without loss of pay. The
time off for voting shall be only at the beginning or end of the regular working shift,
whichever allows the most free time for voting and the least time off from the regular
working shift.
Any employee seeking time off to vote under the provisions of this Section must submit a
written request at least two (2) working days in advance to his or her immediate supervisor
stating the following: name; job classification; department; a statement "I am a registered
voter"; geographic location and address of the employee's polling place; amount of time
requested and whether it is to be at the beginning or end of the employee's regular
workday; and a clear statement as to why the employee is unable to vote during the regular
hours that the polls are open.
SECTION 18 – JURY DUTY AND WITNESS DUTY
18.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an
employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to discharge
their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
If summoned for jury duty in a Superior, 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
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:
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 50 - 2013-2016
1.If an employee elects to remain in a regular pay status and waive or surrender all
fees (other than mileage), the employee shall obtain from the Clerk or Jury
Commissioner a certificate indicating the days attended and noting that fees other
than mileage are waived or surrendered. The employee shall furnish the certificate
to his department where it will be retained as a department record. No
"Absence/Overtime Record" is required.
2.An employee who elects to retain all fees must take leave (vacation, floating holiday,
etc.) or leave without pay. No court certificate is required but an "Absence/Overtime
Record" must 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.
18.2 Witness Duty. Employees called upon as a witness or an expert witness in a case
arising in the course of their work or the work of another department may remain in their
regular pay status and turn over to the County all fees and expenses paid to them (other
than mileage allowances) or they make take vacation leave or leave without pay and retain
all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g., accident
suits and family relations) shall take vacation leave or leave without pay and retain all
witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury duty
as set forth in Section 18.1 above. Employees shall advise their department as soon as
possible if scheduled to appear for witness duty. Permanent intermittent employees are
entitled to paid witness duty only for those days on which they were previously scheduled
to work.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
19.1 Health Plan Coverages. The County will provide the medical and dental coverage
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 51 - 2013-2016
for permanent employees regularly scheduled to work twenty (20) or more hours per week
and for their eligible family members, expressed in one of the Health Plan contracts and
one of the Dental Plan contracts between the County and the following providers:
a.Contra Costa Health Plans (CCHP)
b.Kaiser Permanente Health Plan
c. Health Net
d.Delta Dental
e.DeltaCare (PMI)
Employee Co-pays for these plans are shown on Attachment B.
19.2 Monthly Premium Subsidy:
A. For each health and/or dental plan, the County’s monthly premium subsidy is a set
dollar amount and is not a percentage of the premium charged by the plan. The
County will pay the following monthly premium subsidy:
1.Contra Costa Health Plans (CCHP), Plan A
Single: $ 509.92
Family: $1,214.90
2.Contra Costa Health Plans (CCHP), Plan B
Single: $528.50
Family: $1,255.79
3.Kaiser Permanente Health Plan
Single: $478.91
Family: $1,115.84
4.Health Net HMO
Single: $627.79
Family: $1,540.02
5.Health Net PPO
Single: $604.60
Family: $1,436.25
6.Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7.Delta Dental with Kaiser or Health Net
Single: $34.02
Family: $76.77
8.Delta Dental without a Health Plan
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 52 - 2013-2016
Single: $43.35
Family: $97.81
9.DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
10.DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11.DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
B. If the County contracts with a health and/or dental plan provider not listed above, the
amount of the premium subsidy that the County will pay to that health and/or dental
plan provider for employees and their eligible family members shall not exceed the
amount of the premium subsidy that the County would have paid to the former plan
provider.
C. C. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any health and/or dental plan,
for any plan year, the County’s contribution will not exceed one hundred percent
(100%) of the applicable plan premium.
19.3 Retirement Coverage:
A. Upon Retirement:
1.Upon retirement, eligible employees and their eligible family members
may remain in their County health/dental plan, but without County-
paid life insurance coverage, if immediately before their proposed
retirement the employees and dependents are either active
subscribers to one of the County contracted health/dental plans or if
while on authorized leave of absence without pay, they have retained
continuous coverage during the leave period. The County will pay the
health/dental plan monthly premium subsidies set forth in Section
19.2for eligible retirees and their eligible family members.
2.Any person who becomes age 65 on or after January 1, 2010 and
who is eligible for Medicare must immediately enroll in Medicare Parts
A and B.
3.For employees hired on or after January 1, 2010 and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health and/or dental plan after they separate from
County employment. However, any such eligible employee who
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 53 - 2013-2016
retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a county
health or dental plan provided that (i) he or she begins to receive a
monthly retirement allowance from CCCERA within 120 days of
separation from County employment and (ii) he or she pays the full
premium cost under the health and/or dental plan without any County
premium subsidy.
B. Employees Who File For Deferred Retirement: Employees, who resign and
file for a deferred retirement and their eligible family members, may continue
in their County group health and/or dental plan under the following conditions
and limitations.
1.Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
2.Life insurance coverage is not included.
3.To continue health and dental coverage, the employee must:
a.be qualified for a deferred retirement under the 1937
Retirement Act provisions;
b.be an active member of a County group health and/or dental
plan at the time of filing their deferred retirement application
and elect to continue plan benefits;
c. be eligible for a monthly allowance from the Retirement System
and direct receipt of a monthly allowance within twenty-four
(24) months of application for deferred retirement; and
d.file an election to defer retirement and to continue health
benefits hereunder with the County Benefits Division within
thirty (30) days before separation from County service.
4.Deferred retirees who elect continued health benefits hereunder and
their eligible family members may maintain continuous membership in
their County health and/or dental plan group during the period of
deferred retirement by paying the full premium for health and dental
coverage on or before the 10th of each month, to the Contra Costa
County Auditor-Controller. When the deferred retirees begin to
receive retirement benefits, they will qualify for the same health and/or
dental coverage pursuant to subsection A above, as similarly situated
retirees who did not defer retirement.
5.Deferred retirees may elect retiree health benefits hereunder without
electing to maintain participation in their County health and/or dental
plan during their deferred retirement period. When they begin to
receive retirement benefits they will qualify for the same health and/or
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 54 - 2013-2016
dental coverage pursuant to subsection A above, as similarly situated
retirees who did not defer retirement, provided reinstatement to a
County group health and/or dental plan will only occur following a
three (3) full calendar month waiting period after the month in which
their retirement allowance commences.
6.Employees who elect deferred retirement will not be eligible in any
event for County health and/or dental plan subvention unless the
member draws a monthly retirement allowance within twenty-four (24)
months after separation from County service.
7.Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for retiree health/dental coverage,
as similarly situated retirees who did not defer.
C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsections A and B, above, upon
completion of fifteen (15) years of service as an employee of Contra Costa
County. For purposes of retiree health eligibility, one year of service is
defined as one thousand (1,000) hours worked within one anniversary year.
The existing method of crediting service while an employee is on an
approved leave of absence will continue for the duration of this Agreement.
D. Subject to the provisions of Section 19.3 subparts A, B, and C and upon
retirement and for the term of this Agreement, the following employees (and
their eligible family members) are eligible to receive a monthly premium
subsidy for health and/or dental plans or are eligible to retain continuous
coverage of such plans: employees, and each employee who retires from a
position or classification that was represented by this bargaining unit at the
time of his or her retirement.
E. For purposes of this Section 19.3 only, “eligible family members” does not
include Survivors of employees or retirees.
19.4 Health Plan Coverages and Provisions: The following provisions are applicable
regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent part-time employees working nineteen (19) hours per week or less may
participate in the County Health and/or Dental plans (with the associated life
insurance benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan through
the last day of the month in which he/she separates. Employees who
separate from County employment may continue group health and/or dental
plan coverage to the extent provided by the COBRA laws and regulations.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 55 - 2013-2016
19.5 Family Member Eligibility Criteria: The following persons may be enrolled as the
eligible Family Members of a medical and/or dental plan Subscriber:
A. Health Insurance
1.Eligible Dependents:
a.Employee’s Legal Spouse
b.Employee’s qualified domestic partner
c.Employee’s child to age 26
d.Employee’s Disabled Child who is:
(1) over age 26,
i.Unmarried; and,
ii.Incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s
attainment of age 19.
2.“Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
B. Dental Insurance
1.Eligible Dependents:
a.Employee’s Legal Spouse
b.Employee’s qualified domestic partner
c.Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i.Resides with the Employee for more than 50% of the
year excluding time living at school; and,
ii.Receives at least 50% of support from Employee; and,
iii.Is enrolled and attends school on a full-time basis, as
defined by the school.
d.Employee’s Disabled Child who is:
(1) Over age 19,
i.Unmarried; and,
ii.Incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s
attainment of age 19.
2.“Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified Medical
Child Support Order (QMCSO) or similar court order.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 56 - 2013-2016
19.6 Dual Coverage:
A. Each employee and retiree may be covered only by a single County health
(and/or dental) plan, including a CalPERS plan. For example, a County
employee may be covered under a single County health and/or dental plan
as either the primary insured or the dependent of another County employee
or retiree, but not as both the primary insured and the dependent of another
County employee or retiree.
B. All dependents, as defined in Section 19.5, Family Member Eligibility Criteria,
may be covered by the health and/or dental plan of only one spouse or one
domestic partner. For example, when both husband and wife are County
employees, all of their eligible children may be covered as dependents of
either the husband or the wife, but not both.
C. For purposes of this Section 19.6 only, “County” includes the County of
Contra Costa and all special districts governed by the Board of Supervisors,
including, but not limited to, the Contra Costa County Fire Protection District.
19.7 Life Insurance Benefit Under Health and Dental Plans: For employees who are
enrolled in the County’s program of medical or dental coverage as either the primary or the
dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be
provided by the County.
19.8 Supplemental Life Insurance: In addition to the life insurance benefits provided by
this Agreement, employees may subscribe 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 thousand ($100,000) is a
guaranteed issue, provided the election is made within the required enrollment periods.
19.9 Health Care Spending Account. After six (6) months of permanent employment,
full time and part time (20/40 or greater) employees may elect to participate in a Health
Care Spending Account (HCSA) Program designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA
Program allows employees to set aside a predetermined amount of money from their pay,
not to exceed the maximum amount authorized by federal law, per calendar year, of before
tax dollars, for health care expenses not reimbursed by any other health benefit plans.
HCSA dollars may be expended on any eligible medical expenses allowed by Internal
Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by
the employee
19.10 PERS Long-Term Care: The County will deduct and remit monthly premiums to the
PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to
purchase long-term care at their personal expense through the PERS Long-Term Care
Program.
19.11 Dependent Care Assistance Program: The County offers the option of enrolling in
a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under
SECTION 19 - HEALTH, LIFE & DENTAL CARE
SEIU 1021 SLS - 57 - 2013-2016
Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The
program allows employees to set aside up to five thousand dollars ($5,000) of annual
salary (before taxes) per calendar year to pay for eligible dependent care (child and elder
care) expenses. Any unused balance is forfeited and cannot be recovered by the
employee.
19.12 Premium Conversion Plan: The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code,
but tax savings are not guaranteed. The program allows employees to use pre-tax dollars
to pay health and dental premiums.
19.13 Prevailing Section: To the extent that any provision of this Section (Section 19
Health, Life & Dental Care) is inconsistent with any provision of any other County
enactment or policy, including but not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management Regulations, or any other agreement or order of
the Board of Supervisors, the provision(s) of this Section (Section 19 - Health, Life & Dental
Care) will prevail.
19.14 Rate Information. The County Benefits Division will make health and dental plan
rate information available upon request to employees and departments. In addition, the
County Benefits Division will publish and distribute to employees and departments
information about rate changes as they occur during the year.
19.15 Partial Month. The County's contribution to the health plan premium is payable for
any month in which the employee is paid. If an employee is not paid enough compensation
in a month to pay the employee share of the premium, the employee must make up the
difference by remitting the amount delinquent to the Auditor-Controller. The responsibility
for this payment rests with the employee. If payment is not made, the employee shall be
dropped from the health plan.
19.16 Coverage During Absences.
Employees shall be allowed to maintain their health plan coverage at the County group rate
for twelve (12) months if on approved leave of absence provided that the employee shall
pay the entire premium (i.e. both employer and employee share) for the health plan during
said leave. Said payment shall be made by the employee at a time and place specified by
the County. Late payment shall result in cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA)
provided the employee pays the entire cost of coverage, plus any administrative fees, for
the option selected. The entire cost of coverage shall be paid at a place and time specified
by the County. Late payment may result in cancellation of health plan coverage with no
reinstatement allowed.
19.17 Child Care. The County will continue to support the concept of non-profit child care
facilities similar to the “Kid’s at Work” program established in the Public Works Department.
SECTION 20 – PROBATIONARY PERIOD
SEIU 1021 SLS - 58 - 2013-2016
19.18 Health Plan Re-Opener. This agreement will open on April 1, 2015, for the limited
purpose of bargaining over Section 19, Health, Life, and Dental Care, to explore changes
effective in the 2016 Plan year.
The County is committed to evaluating alternative approaches to sharing health care
premiums for the 2016 Plan year, taking into consideration any effect on its budget.
During the reopener, the County will not propose reducing the current dollar amount of the
County's premium subsidy for health plans and will not unilaterally impose a reduction in
the current dollar amount of the County's health plan premium subsidy for the 2016 Plan
year.
In the event the parties fail to reach an agreement by January 1, 2016, and not
withstanding Section 25.6, (Strike/Work Stoppage) the Union reserves the right to strike
with respect to the subject of the reopener.
SECTION 20 – PROBATIONARY PERIOD
20.1 Duration. All appointments from officially promulgated employment lists for original
entrance or promotion shall be subject to a probationary period. For original entrance
appointments, the probationary period shall be from nine (9) months to two (2) years
duration. For promotional appointments, the probation period shall be from six (6) months
to two (2) years duration.
20.2 Classes With Probation Periods Over Six/Nine Months. Listed below are those
classes represented by the Union which have probation periods in excess of nine (9)
months for original entrance appointments and six (6) months for promotional
appointments: None.
20.3 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
20.4 Criteria. The probationary period shall commence from the date of appointment. It
shall not include time served in provisional or temporary appointments or any period of
continuous unpaid absence exceeding fifteen (15) calendar days, except as otherwise
provided by law.
For those employees appointed to permanent-intermittent positions with a nine (9) months
probation period, probation will be considered completed upon serving fifteen hundred
(1,500) hours after appointment except that in no instance will this period be less than nine
(9) calendar months from the beginning of probation. If a permanent-intermittent
probationary employee is reassigned to full-time, credit toward probation completion in the
full-time position shall be prorated on the basis of one hundred seventy-three (173) hours
per month.
SECTION 20 – PROBATIONARY PERIOD
SEIU 1021 SLS - 59 - 2013-2016
20.5 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if subsequently
certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this section, an
employee (probationer) shall have the right to appeal from any rejection during the
probationary period based on political or religious affiliations or opinions, Union
activities, or race, color, national origin, sex, age, disability or sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
Subsection A and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery
to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to believe
that the rejection may have been based on grounds prohibited in Subsection A, it
may refer the matter to a Hearing Officer for hearing, recommended findings of fact,
conclusions of law and decision, pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If,
after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be
reinstated in the position and the appellant shall begin a new probationary period
unless the Merit Board specifically reinstates the former period.
20.6 Regular Appointment. The regular appointment of a probationary employee will
begin on the day following the end of the probationary period. A probationary employee
may be rejected at any time during the probation period without regard to the Skelly
provisions of this Memorandum, without notice and without right of appeal or hearing,
except as provided in Section 20.5.A.
Notwithstanding any other provisions of the MOU, an employee rejected during the
probation period from a position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months after being
promoted or transferred from a position in the Merit System to a position not included in the
Merit System shall be restored to a position in the classification in the department from
which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall not
be restored to the eligible list from which the employee was certified unless the employee
receives the affirmative recommendation from the appointing authority and is certified by
the Director of Human Resources whose decision is final. The Director of Human
Resources shall not certify the name of a person restored to the eligible list to the same
SECTION 21 – PROMOTION
SEIU 1021 SLS - 60 - 2013-2016
appointing authority by whom the person was rejected from the same eligible list, unless
such certification is requested in writing by the appointing authority.
20.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete only
the balance of the required probation.
If reemployed in another department or in another classification, the employee shall serve a
full probationary period. An employee appointed to a permanent position from a layoff or
reemployment list is subject to a probation period if the position is in a department other
than the department from which the employee separated, displaced, or voluntarily demoted
in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a
probation period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
20.8 Rejection During Probation of Layoff Employee. An employee who has achieved
permanent status in the class before layoff and who subsequently is appointed from the
layoff list and then rejected during the probation period shall be automatically restored to
the layoff list, unless discharged for cause, if the person is within the period of layoff
eligibility. The employee shall begin a new probation period if subsequently certified and
appointed in a different department or classification than that from which the employee was
laid off.
SECTION 21 – PROMOTION
21.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
21.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
21.3 Open Exam. If an examination for one of the classes represented by the Union is
proposed to be announced on an open only basis, the Director of Human Resources shall
give five (5) days prior notice of such proposed announcement and shall meet at the
request of the Union to discuss the reasons for such open announcement.
21.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
B. The incumbent of the position must have performed at the higher level for one (1)
year.
SECTION 22 – TRANSFER
SEIU 1021 SLS - 61 - 2013-2016
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 Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
21.5 Requirements for Promotional Standing. In order to qualify for an examination
called on a promotional basis, an employee must have probationary or 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.
21.6 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 of one (.05)
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.
21.7 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 22 – TRANSFER
22.1 Transfer Conditions. The following conditions are required in order to qualify for
transfer:
A. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on
the basis of minimum qualifications and qualifying procedure;
B. the employee shall have permanent status in the merit system and shall be in good
standing;
C. the appointing authority or authorities involved in the transaction shall have indicated
their agreement in writing;
SECTION 22 – TRANSFER
SEIU 1021 SLS - 62 - 2013-2016
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.
22.2 Transfer Without Examination. With the approval of the appropriate appointing
authority/authorities and the consent of the employee, the Director of Human Resources
may transfer an employee from one job classification to another job classification without
examination under the following conditions:
A. the duties and responsibilities of the position from which the employee is being
transferred are within the occupational area or directly associated with the duties
and responsibilities of the position to which the employee is being transferred.
B. the employee must possess the minimum qualifications for the job classification to
which the employee is being transferred.
C. the employee must serve the probationary period required for the classification into
which the employee is being transferred.
D. an employee rejected during the probationary period or who resigns during the
probationary period for other than disciplinary reasons shall have the right at that
time to be restored to a position in the classification in the department from which
the employee was transferred.
The Director of Human Resources, upon request, will provide written justification for
invoking this section.
22.3 Transfer Policy. 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. The Director of Human Resources shall, if he or she considers that the
reasons are adequate and that the transfer will be for the good of the County service and
the parties involved, inform the appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in accomplishing the transfer.
22.4 Miscellaneous Assignments.
A. Vacancies which do not involve the supervision of Social Casework Specialists, or
are not covered by Section 38.g, shall be open for bid to all employees covered by
this agreement in accordance with provisions of Section 35 - Performance
Evaluation.
B. When an employee covered by this agreement is appointed to an out of class
appointment to a position outside of this bargaining unit, but within the Department,
and such appointment is due to the lack of an eligible list, the Department shall
SECTION 23 – RESIGNATIONS
SEIU 1021 SLS - 63 - 2013-2016
request County Human Resources to schedule an examination for said classification
except where extenuating circumstances exist.
C. Social Work Supervisors II with Emergency response experience will be given
primary consideration in assigning substitute supervisors to the after-hours
Emergency Response Program. All such Social Work Supervisors II will be given
the opportunity annually to be placed on the substitute supervisor list in order to be
eligible to receive overtime pay for the after-hours Emergency Response Program.
SECTION 23 – RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations shall
be forwarded to the Human Resources Department by the appointing authority immediately
on receipt, and shall indicate the effective date of termination. Oral resignation shall be
immediately confirmed by the appointing authority in writing to the employee and to the
Human Resources Department and shall indicate the effective date of termination.
23.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period, up to four (4) weeks, for a specific reason, or
consents to the employee's terminating on shorter notice) is a resignation in good standing.
23.2 Constructive Resignation. A constructive resignation occurs and is effective when:
A. An employee has been absent from duty for five (5) consecutive working days
without leave; and
B. five (5) more consecutive working 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.
C. The letter to the employee will include a document that gives the employee the
option of authorizing the County to provide his/her union with a copy of the
constructive resignation letter. If the employee signs the authorization document
and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the constructive resignation letter to the
employee’s union, as authorized.
23.3 Effective Resignation. A resignation is effective when delivered or spoken to the
appointing authority, operative either on that date or another date specified.
23.4 Revocation. A resignation that is effective is revocable only by written concurrence
of the employee and the appointing authority, except that an oral resignation rescinded in
writing by the end of the workday following the oral resignation will be accepted by the
appointing authority.
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
SEIU 1021 SLS - 64 - 2013-2016
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy 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
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 25 –
Grievance Procedure of the MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the resignation was
coerced, the resignation shall be deemed revoked and the employee returned to
duty effective on the day following the decision but without loss of seniority or pay,
subject to the employee's duty to mitigate damages.
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
24.1 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 conduct,
E. incompetence or inefficiency,
F. insubordination,
G. being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises,
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
SEIU 1021 SLS - 65 - 2013-2016
H. neglect of duty, i.e. non-performance of assigned responsibilities,
I. negligent or willful damage to public property or waste of public supplies or
equipment,
J. violation of any lawful or reasonable regulation or order given by a supervisor o r
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.
24.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend for
more than three (3) work, temporarily reduce the pay of, or demote an employee, the
appointing authority shall cause to be served personally or by certified mail, on the
employee, a Notice of Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions and grounds upon which the
action is based.
C. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule 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.
SECTION 24 – DISMISSAL, SUSPENSION AND DEMOTION
SEIU 1021 SLS - 66 - 2013-2016
In addition to the Notice of Proposed Action, the appointing authority will serve the
employee with a document that gives the employee the option of authorizing the County to
provide his/her union with a copy of the Notice of Proposed Action. If the employee signs
the authorization document and returns it to the appointing authority, the appointing
authority will thereafter, within one work day, provide a copy of the employee’s Notice of
Proposed Action to his/her union, as authorized.
In addition to the Order and Notice, the appointing authority will serve the employee with a
document that gives the employee the option of authorizing the County to provide his/her
union with a copy of the Order and Notice. If the employee signs the authorization
document and returns it to the appointing authority, the appointing authority will thereafter,
within one work day, provide a copy of the employee’s Order and Notice to his/her union,
as authorized.
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 any extension, the right to
respond is lost.
24.3 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven (7) days, the appointing authority for cause specified in writing
may place the employee on temporary leave of absence, with pay.
24.4 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days
unless ordered by an arbitrator, an adjustment board or the Merit Board.
24.5 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 25 - 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
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 SLS - 67 - 2013-2016
service of said order. An employee may not both appeal to the Merit Board and file
a grievance under Section 25 of this MOU.
24.6 Employee Representation Rights. The County recognizes an employee’s right to
representation during an investigatory interview or meeting that may result in discipline.
The County shall not interfere with the representative’s right to assist an employee to clarify
the facts during the interview. If the employee requests a Union representative, the
investigatory interview shall be temporarily recessed for a reasonable period of time until a
Union representative can be present. For those interviews, which by nature of the incident
must take place immediately, the Union will take reasonable steps to make a Union
representative immediately available.
The employer shall inform the employee of the general nature of the investigation at the
time the employer directs the employee to be interviewed.
SECTION 25 – GRIEVANCE PROCEDURE
25.1 Definition and Procedure. A grievance is any dispute which involves the
interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU which 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. 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 or designee, who shall meet with the grievant
within five (5) work days of receipt of a written request to hold such meeting. Grievances
challenging suspensions, reductions in pay, demotions and terminations may be filed at
Step 3 within the time frame set forth above.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may
submit the grievance in writing within ten (10) work days to such management official as the
Department Head may designate. This formal written grievance shall state which provision
of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation
has affected the grievant to the grievant's detriment, and the redress he or she seeks. A
copy of each written communication on a grievance shall be filed with the Director of
Human Resources. The Department Head or his or her designee shall have ten (10) work
days in which to respond to the grievance in writing. If either the union or grievant request a
meeting with the Department Head or his/her designee at this step, such a meeting will be
held.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the union may appeal
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 SLS - 68 - 2013-2016
in writing within ten (10) work days to the Director of Human Resources. The Director of
Human Resources or his/her designee shall have twenty (20) work days in which to
investigate the merits of the complaint and to meet together at the same time with the
Department Head or his/her designee, the grievant, and the union. For grievances involving
interpretation of this MOU, the Director of Human Resources or his/her designee will decide
the grievance on its merits and provide the grievant, the union, and the Department with a
written decision within fifteen (15) workdays of the date of the Step 3 Meeting, unless more
time is granted by mutual agreement.
For grievances involving appeals from disciplinary action, the Director of Human Resources
or designee will attempt to resolve the grievance. In the event that the grievance is not
resolved, the Director of Human Resources or designee will provide written notice of that
fact to the grievant, the union, and the Department within fifteen (15) workdays of the date
of the Step 3 meeting, unless more time is granted by mutual agreement.
Step 4 Mediation. Grievances regarding discipline involving suspensions, demotions, or
reduction in pay will proceed directly to Step 5 - Expedited Board of Adjustment, at the
request of the Union. No grievance may be processed under this section which has not first
been filed and investigated in accordance with Step 3 above. If the parties are unable to
reach a mutually satisfactory accord on any grievance that is presented at Step 3 the
union may appeal the grievance and request mediation in writing to the Director of Human
Resources or designee within ten (10)work days of the date of the written response at Step
3.
This step of the grievance procedure may be waived by the written mutual agreement of
the parties.
Step 5 Arbitration. If the parties are unable to reach a resolution of the grievance at Step
4, either the Union or the County, whichever is the moving party, may require that the
grievance, except those referred to in Section 25.2 below, be referred to an impartial
arbitrator who shall be designated by mutual agreement between the Union and the Human
Resources Director. Such request shall be submitted within twenty (20) work days of the
completion of mediation at Step 4. Within twenty (20) work days of the request for
arbitration the parties shall mutually select an arbitrator who shall render a decision within
thirty (30) work days from the date of final submission of the grievance including receipt of
the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the
arbitrator and of the Court Reporter shall be shared equally by the Union and the County.
Each party, however, shall bear the costs of its own presentation, including preparation and
post hearing briefs, if any.
25.2 Step 5. Expedited Board of Adjustment. If the County and the Union are unable
to reach a mutually satisfactory accord on any grievance of discipline involving
suspensions, demotions, or reduction in pay that arises and is presented during the term of
this MOU, such grievance may be submitted to the Expedited Board of Adjustment (EBA) in
writing in accordance with the procedures below. No grievance may be processed under
this Section that has not first been filed and processed in accordance with Step 3 of the
Grievance Procedure and delivered to the Director of Human Resources within ten (10)
work days of the date of the Step 3 written response by the Director of Human Resources
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 SLS - 69 - 2013-2016
or his/her designee. By agreement of the Union and the Director of Human Resources or
his/her designee, grievances concerning contract interpretation may also be presented to
the EBA. All grievances submitted to the EBA will be resolved in accordance with the
following procedures:
Expedited Board of Adjustment (EBA)
a.The EBA will be composed of two (2) union representatives from the unions
participating in the EBA process, , no more than one (1) of whom may be an
employee of the County, two (2) management members named by the County, and
an impartial arbitrator. The Unions and the County will each appoint three (3)
alternates who will serve as the voting members of the Board if a member(s) is/are
not available. A Union Alternate from a different Union will serve as the voting
member when the appointed Union Board member is from the same Union as the
grievant and a County Alternate will serve as a voting member when a County
Board member is from the same Department as the grievant. Each Board member
will serve for a twelve (12) month term except that one member and one alternate
initially appointed by each side will serve a six (6) month term so that Board member
terms are staggered.
b.The County and the Coalition Unions (hereafter “parties”) will choose an impartial
arbitrator to serve as the fifth (5) member of the EBA and serve as a tie-breaker
when the EBA is deadlocked. The parties will select the Arbitrator by forwarding a
list of individuals acceptable to a party to the other party. The parties will continue
this process until an impartial arbitrator is selected. The Arbitrator will serve a one
year term, or longer, as agreed to by the parties in writing. However, the Arbitrator
may be replaced at any time by agreement between the parties. The Arbitrator will
render an immediate decision if the Board is deadlocked. All decisions rendered by
the EBA are final and binding upon the Employer, the Union, and the employee, to
the extent provided by law.
c.Decisions rendered by the EBA must be within the scope of, and may not vary from,
the express written terms of this Memorandum of Understanding.
d.The Union and the County will each pay one-half (1/2) of the arbitrator’s fees and
costs. If a majority of the EBA approves the services of a court reporter and/or other
special services, the Union and the County will each pay one-half (1/2) of such
expenses.
Procedures
A.
B.
C.
The EBA will convene on the fourth (4th) Wednesday of each month unless
otherwise scheduled by mutual agreement.
The EBA will develop and adopt written rules of procedure to govern the conduct of
hearings by a majority vote.
Unless the EBA agrees otherwise by majority action, it will remain in session until
all grievances on the agenda have been heard.
SECTION 25 – GRIEVANCE PROCEDURE
SEIU 1021 SLS - 70 - 2013-2016
D. All grievances that are received by the Director of Human Resources at least ten
(10) working days prior to the next scheduled session of the EBA will be placed on
the agenda for the next regular meeting. By majority vote, the EBA may upon
request of the Union or the County waive this provision.
E. Upon the request of the Union or the County, a continuance of a grievance will be
granted until the next session.
F. Licensed Attorneys will not participate as Board members, advocates, or advisors in
Board hearings unless the attorney is also a union business agent or Human
Resources staff.
G. Meetings will be convened at a central location agreed to by the Unions and the
County.
H. Materials to be presented at the EBA will not be shared with the Board members in
advance of convening the Board.
25.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment.
A. Decisions of Arbitrators and the Expedited Board of Adjustment, on matters properly
before them, are final and binding on the parties hereto, to the extent permitted by
law.
B. No Arbitrator or Expedited Board of Adjustment may entertain, hear, decide or make
recommendations on any dispute unless such dispute involves a position in a unit
represented by the Union which has been certified as the recognized employee
organization for such unit and under such dispute falls within the definition of a
grievance as set forth in Subsection 25.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend, or
terminate this MOU, nor any matter or subject arising out of or in connection with
such proposals, may be referred to arbitration under this Section. No Arbitrator or
Expedited Board of Adjustment has the power to amend or modify this MOU or
written agreements supplementary hereto or to establish any new terms or
conditions of employment.
D. If the Director of Human Resources, pursuant to the procedures outlined in Step 3
above or Step 4 above resolves a grievance which involves suspension or
discharge, they may agree to payment for lost time or to reinstatement with or
without payment for lost time.
E. No change in this MOU or interpretations thereof (except interpretations resulting
from arbitration or Expedited Board of Adjustment proceedings hereunder) will be
recognized unless agreed to by the County and the Union.
25.4 Time Limits. The time limits specified above may be waived by mutual agreement
of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1
through 3 above, the grievance will automatically move to the next step. If a grievant fails to
meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to
have been settled and withdrawn.
SECTION 26 – BILINGUAL PROVISIONS
SEIU 1021 SLS - 71 - 2013-2016
25.5 Compensation Complaints. All complaints involving or concerning the payment of
compensation shall be initially filed in writing with the Director of Human Resources. Only
complaints which allege that employees are not being compensated in accordance with the
provisions of this MOU shall be considered as grievances. Any other matters of
compensation are to be resolved in the meeting and conferring process, if not detailed in
the MOU which results from such meeting and conferring process is next opened for such
discussion. No adjustment shall be retroactive for more than two (2) years from the date
upon which the complaint was filed.
25.6 Strike/Work Stoppage. During the term of this MOU, the Union, its members and
representatives, agree that it and they will not engage in, authorize, sanction, or support
any strike, slowdown, stoppage of work, sickout, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having jurisdiction,
an employee who is in danger of physical harm shall not be required to cross the picket
line, provided the employee advises his or her supervisor as soon as possible, and
provided further that an employee may be required to cross a picket line where the
performance of his or her duties is of an emergency nature and/or failure to perform such
duties might cause or aggravate a danger to public health or safety.
25.7 Merit Board.
A. All grievances of employees in representation units represented by the Union shall
be processed under Section 25 unless the employee elects to apply to the Merit
Board on matters within its jurisdiction.
B. No action under Steps 3, 4, and 5 of Section 25.1 or Step 5 of Section 25.2 above
shall be taken if action on the complaint or grievance has been taken by the Merit
Board, or if the complaint or grievance is pending before the Merit Board.
25.8 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors violates a
provision of this MOU.
25.9 Union Notification. An official with whom a formal grievance is filed by a grievant
who is included in a unit represented by the Union in the grievance shall give the Union a
copy of the grievance.
SECTION 26 – BILINGUAL PROVISIONS
A salary differential of eighty dollars ($80.00) per month shall be paid incumbents of
positions requiring bilingual proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be prorated for employees working
less than full time and/or who are on an unpaid leave of absence for a portion of any given
SECTION 27 – RETIREMENT CONTRIBUTION
SEIU 1021 SLS - 72 - 2013-2016
month. Designation of positions for which bilingual proficiency is required is the sole
prerogative of the County.
Effective January 1, 2007, the current program differential shall be increased to a total
of one hundred dollars ($100.00) per month.
SECTION 27 – RETIREMENT CONTRIBUTION
27.1 Contribution. Effective on January 1, 2012, employees are responsible for the
payment of one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra Costa County
Employees’ Retirement Association. 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.
27.2 Retirement Benefit - Non-Safety Employees who become New Members of
CCCERA on or After January 1, 2013
A. For non-safety 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.
B. 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 who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
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 non-safety
employees who, under PEPRA, become New Members of CCCERA. The Union will
support the legislation.
SECTION 28 – TRAINING REIMBURSEMENT
The Department of Employment and Human Services shall establish an annually
renewable training reimbursement fund in the amount of $5,000 for the exclusive purpose
of reimbursing employees covered by this agreement for the cost of tuition, fees, books,
and other employee expenses incurred in the pursuit of work related education, continuing
education, or work related graduate degree. Said fund shall replace the career
SECTION 29 – MILEAGE
SEIU 1021 SLS - 73 - 2013-2016
development training reimbursement described in the County Administrative Bulletin on
Training. Reimbursement under said fund will be limited to seven hundred fifty dollars
($750) per year.
When authorized as operationally beneficial to the Department, up to fifty dollars ($50) of
the training reimbursement fund per calendar year per employee may be used toward
conference attendance or related materials not covered in the Professional Development
Allowance in Section 52.d. Reimbursement under the above limits for the cost of books for
career development shall be allowable.
SECTION 29 – MILEAGE
29.1 Reimbursement Rate. 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.
29.2 Regulations. The County Administrator shall promulgate regulations covering these
matters and the submission of account claims to the Auditor-Controller.
SECTION 30 – RESPITE LEAVE WITHOUT PAY
All employees represented by Local 1021 shall be granted ten (10) days respite leave
without pay per fiscal year. Such leave shall be taken in increments of one (1) full day
(eight (8) hours) and shall be requested in writing. Conflicting requests for respite leave
shall be resolved by the Department Head or designee with preference given to employees
according to their seniority in the department, as reasonably as possible. Any balance in
the ten (10) days respite leave which remains at the end of the fiscal year shall not be
carried over into the next fiscal year.
SECTION 31 – INTENTIONALLY LEFT BLANK
SECTION 32 – NOTICE OF NEW EMPLOYEES
The County agrees to periodically mail to Social Services Union, Local 1021 a list of
names, classifications, and the designation of permanent employment category of new
employees appointed to classifications represented by Local 1021. Said periodic list will be
mailed within forty-five (45) days of the end of each month.
SECTION 33 – PERSONNEL FILES
A Department shall maintain only one official personnel file.
SECTION 29 – MILEAGE
SEIU 1021 SLS - 74 - 2013-2016
33.1 Inspection. Each employee, or an employee's representative so designated by
written authorization of the employee, shall have the right to inspect and review the
employee's personnel file upon request at reasonable times and for reasonable periods
during the regular business hours of the County. Employees shall be permitted to review
their personnel files at the Personnel office during their work hours. For those employees
whose work hours do not coincide with the County’s business hours, management shall
provide a copy of the employee’s personnel file for their re view. The custodian of records
will certify that the copy is a true and correct copy of the original file.
33.2 Inspection Exclusions. Documentation in the personnel file relating to the
investigation of a possible criminal offense, medical records which contain a physician's
admonition that the employee not see such records, and information or letters of reference
shall be specifically excluded from such inspection and review.
33.3 Removal and Release of Material. Pre-employment reference material shall be
removed from the personnel file after one (1) year of continuous employment with the
County.
Medical records may be released to qualified medical authorities upon execution of a
written release by the employee and with the concurrence of the County's medical
authorities.
33.4 Copies. An employee may request copies of other material contained in the
personnel file. The employer shall bear the cost of the reproduction of copies.
A. The County shall provide the employee with copies of all performance evaluation
reports and letters of reprimand or warning or other negative material prior to the
placement of such documents in the employee's departmental personnel file.
B. A counseling memo placed in an employee's departmental personnel file which is
not referenced in the employee's subsequent performance evaluation shall be
removed from the employee's departmental personnel file upon the written request
of the employee. If an employee is not evaluated when an annual performance is
due, the employee may request through the Department Personnel Officer that a
performance evaluation be completed. If an employee has not had a performance
evaluation within eighteen (18) months subsequent to a counseling memo being
placed in the employee's department personnel file, the counseling memo shall be
removed from the employee's personnel file, provided that there has not been a
subsequent counseling memo on the same subject in that period of time.
C. Upon written request of the employee, copies of letters of reprimand or warning shall
be sent to the Union.
33.5 Employee Response. The County shall afford the employee the opportunity to
respond in writing to any information contained in their personnel file. Such response shall
be included in the employee's personnel file.
SECTION 34 – COUNSELING
SEIU 1021 SLS - 75 - 2013-2016
SECTION 34 – COUNSELING
Whenever an employee's job performance and/or conduct becomes less than satisfactory,
counseling shall be provided by the employee's supervisor. Such counseling shall
specifically state the unsatisfactory nature of the employee's performance and/or conduct
and specific ways in which the employee can bring such performance and/or conduct up to
the satisfactory level.
Said counseling shall be provided as soon as possible after the occurrence of the less than
satisfactory performance and/or conduct. No adverse action shall be taken by the County
against any employee unless such counseling has been provided and time for improvement
has been given.
The employee's supervisor shall prepare written documentation of such counseling and
provide a copy of the documentation to the employee.
The foregoing shall not apply to probationary employees or in those cases where
immediate disciplinary action is necessary.
If, after such a counseling session has occurred between a supervisor and employee, the
employee requests of the Department Personnel Officer a meeting with a Steward/Officer
of the Union and Department representatives, such a meeting shall be held. This meeting
shall be held within fifteen (15) working days.
SECTION 35 – PERFORMANCE EVALUATION
35.1 Purpose. The purpose of a performance evaluation for an employee is to measure
the employee's performance against the job specifications and performance requirements
of the position that the incumbent is filling. It answers the questions of how well an
employee is doing in meeting the department's performance standards for this job. It
satisfies a basic requirement for the employee to know where he/she stands with the
organization in regard to his/her performance. It delineates areas of strengths and
weaknesses. Where performance is below standard, it suggests possible ways of making
improvement.
35.2 Probationary Period. During the probationary period, the performance evaluation
is used as the last phase of an individual's examination process. Probationary employees
receive a preliminary evaluation at the end of three (3) months, and a final evaluation after
their fifth (5th) month of probation. An overall rating of STANDARD must be received on
the final probationary evaluation in order for the employee to achieve permanent status.
35.3 Annual Evaluation. Once an employee achieves permanent status, the employee's
performance is evaluated at least once a year. Additional evaluations may be made
between these required evaluations as necessary. Evaluations will also be made when an
employee or supervisor terminates, or when an employee or supervisor is reassigned to
another unit and more than three (3) months have elapsed since the last written evaluation.
SECTION 35 – PERFORMANCE EVALUATION
SEIU 1021 SLS - 76 - 2013-2016
35.4 Below Standard Evaluation. In the event a permanent employee receives an
overall rating of BELOW STANDARD, such employee must be reevaluated within three (3)
months following the date of the report. If the employee shows no significant improvement
at the end of this period, a recommendation for demotion or dismissal will be made.
However, if at the end of three (3) months, there has been improvement but the employee's
performance is still not at a STANDARD level, the employee may be given two (2)
additional three-month periods to meet the standards if the supervisor agrees those
standards will be reached during this period.
The work performance of each employee is to be rated on all of the rating factors on the
appropriate form. Each of these factors has been found to be of critical importance in
determining successful job performance for employees.
Individual rating factors and overall ratings of BELOW STANDARD must be substantiated
in the Comments section, as well as suggestions or plans for improved performance in
those areas.
If some significant aspect of performance is above the level indicated by the factor rating,
this may be pointed out by a statement in the Comments section to the employee.
35.5 Discussion With Employee. The Rater will discuss the report with the employee
and provide the employee with a copy at that time if the employee wishes to discuss the
report with the Reviewer. In signing the report, the employee is merely acknowledging
having seen the report; it does not indicate agreement.
35.6 Definitions of Ratings. A factor rating of ABOVE STANDARD means that this part
of the employee's work performance is consistently beyond the level expected of a
competent worker in the position.
An overall rating of STANDARD means that the employee's work performance is
acceptable and will result, where pertinent, in receipt of salary increment, promotion, or
permanent status.
A factor rating of BELOW STANDARD means that this part of the employee's work
performance is frequently below the level of a competent worker in the position and that
effort should be made to improve. An overall rating of BELOW STANDARD means the
employee's work performance is inadequate and may result in the loss or delay of the
salary increment, demotion, dismissal, or rejection on probation.
35.7 Appeal Procedure. If an employee believes his/her rating is improper, he/she
should discuss it with the Rater. If still not satisfied, the employee should sign the report
and place an "X" in the space provided by his/her signature to indicate he/she wishes to
discuss the report with the Reviewer (the Rater’s immediate supervisor). Within five (5)
calendar days after being given a copy of the Report of Performance Evaluation, an
employee who wishes consideration in addition to the Rater's evaluation should prepare a
written statement to the Reviewer as follows: 1) Identify the report by stating the date of
the report, the name of the Rater, and the date the report was received; 2) Specify the
ratings or comments which he/she believes are incorrect and should be changed; 3) Give
SECTION 36 – SAFETY PROGRAM
SEIU 1021 SLS - 77 - 2013-2016
facts substantiating the requested changes to these ratings or comments; 4) Keep a copy
of the written request and send the original to the Reviewer. Upon receiving the written
statement, the Reviewer will have five (5) calendar days to meet with the employee to
consider the employee's comments and to respond in writing. The Reviewer's response
shall be given to the employee. A copy of the Reviewer's response along with the
employee's written statement shall be attached to the Report of Performance Evaluation.
Failure to allow the foregoing procedure is subject to the grievance procedure. However,
disputes over the actual content or ratings themselves in individual evaluations are not
grievable.
SECTION 36 – SAFETY PROGRAM
Health and safety standards shall be maintained in all County facilities to a maximum
degree consistent with the conduct of efficient operations.
The Department of Employment and Human Services shall operate a department-wide
employee health and safety program. This program shall consist of:
A. A central department Safety Committee comprised of one (1) member appointed by
Local 1021 from each major building location, one (1) management employee who
shall be the Building Manager for that location and other employee organization
representatives, and the Department Personnel Officer, or designee. The
Department Personnel Officer, or designee, will serve as chairperson. The
committee shall meet every six (6) weeks.
B. All Committee members will receive training on a) accident/injury reporting
procedures, b) accident/injury investigation and prevention, c) safety awareness,
and d) procedures by which safety concerns are handled.
C. The committee shall consider items and information raised by its members related to
the department's health and safety program. Committee recommendations shall be
reported to and reviewed by the Department Head who shall respond in writing to all
recommendations.
D. Departments without a Safety Committee shall establish a committee within ninety
(90) days of the effective date of this agreement. The Union shall appoint all labor
representatives to the Committee. All Safety Committees shall schedule their
meetings.
SECTION 37 – FLEXIBLE STAFFING
37.1 Designation. Certain positions may be designated by the Director of Human
Resources as flexibly staffed positions. Positions are generally allocated at the first level of
the job series when vacated. When the position is next filled and an incumbent of one of
these positions meets the minimum qualifications for the next higher level and has met
SECTION 38 – STAFFING ALLOCATIONS AND REASSIGNMENTS
SEIU 1021 SLS - 78 - 2013-2016
appropriate competitive requirements he/she may then be promoted to the next higher
classification within the job series without need of a classification study.
The following job classifications are flexibly staffed: None.
Open examinations at either level in the above mentioned classifications shall be
administered upon the request of the Department Head and approval of the Director of
Human Resources.
37.2 Continuous Testing for Flexibly Staffed Classes. Employees in a flexible staffed
job series which have been determined by the Director of Human Resources as appropriate
for continuous testing may apply for promotion to the next higher classification level as
follows:
Applicants must file the regular Human Resources Department Application for Examination
Form and where applicable, the appropriate supplemental questionnaire with the Human
Resources Department. The first Friday in each month is the filing deadline for any
candidate who meets the minimum qualifications at any time during that month. The names
of accepted applicants will be placed on the eligible list by the first working day of the
following month. Employees who file applications must notify their supervisor and their
departmental personnel officer. Nothing contained in this section shall be construed as
making a promotion automatic or automatically effective on the first of the month following
the filing of an application. It is the responsibility of the Department that wishes to promote
employees in flexibly staffed positions to submit a personnel request (certification request)
prior to the first day of the month in which they wish to promote the employee. Personnel
requests for promotion of employees to become effective on the first of the month must be
in the Human Resources Department by the last working day of the prior month. It is the
employee’s responsibility to submit applications for promotion sufficiently in advance to
assure receipt in the Human Resources Department by the first Friday of the month in
which they become eligible for promotion.
If an error occurs in the Human Resources Department which causes a delay in the
processing of an application, said error shall be corrected and the employee shall be
placed on the eligible list retroactively to the first of the month following his/her eligibility.
If an operating department verifies in writing the intent to promote an employee on the first
of the month following eligibility, said appointment shall be made retroactive to the first of
the month following his/her eligibility.
SECTION 38 – STAFFING ALLOCATIONS AND REASSIGNMENTS
On the basis of the Department's staffing distribution review, the Department may consider
reassignment of staff represented by this agreement.
The following procedure shall be used:
SECTION 38 – STAFFING ALLOCATIONS AND REASSIGNMENTS
SEIU 1021 SLS - 79 - 2013-2016
A. Internal moves within the Division may be made at the discretion of the Assistant
Director within twenty (20) working days following publication of staff allocations.
B. Authorized staffing levels shall be determined as needed by the Department. Vacant
authorized positions shall be bid to the appropriate class in all offices for a three-day
period and, as provided below, may be certed simultaneously from the appropriate
Eligible List, or filled as otherwise provided in the MOU or County Regulations.
Where there are at least five (5) bid responses for a Social Work Supervisor II
position, or four (4) bid responses for a Social Work Supervisor I or other remaining
classes within the representation Unit, the Department shall only interview and
select from those respondents. Where there are less than the minimum bid
respondents at any point in the bid process, the Department may cert from the
appropriate eligible list or fill as otherwise provided in the MOU or County
regulations, provided, however, that all bid respondents will be interviewed.
Authorized vacancies resulting from the bid process may automatically be certed
from an appropriate eligible list. In the event of workload imbalance, upon mutual
agreement between the Union and Department, bids may be limited so specific
Division(s) to correct said imbalance.
C. Employees responding to bids shall complete Department Reassignment Request
Forms and submit these to the Department Personnel Unit. Such Reassignment
Request Forms must be received by 5:00 p.m. on the day the bid closes.
D. If there are less than five (5) responses to a posted bid notice and the Department is
not able to otherwise fill the position, the Department may consider the bid
responses and/or consider reassignment of one (1) of the three (3) least senior
employees within the classification within two (2) weeks of the closing of the bid. If
there are only two (2) bidders, the two (2) bidders will be considered for
reassignment along with the least senior employee; if there is only one (1) bidder,
that bidder will be considered for reassignment along with the two (2) least senior
employees.
E. If a vacancy occurs in the same class and in the same division from which an
employee was involuntarily reassigned, the Department shall offer the position to the
employee who was involuntarily reassigned. If the employee declines the offer, or
voluntarily transfers after such involuntary reassignment, he/she will not be
considered for any future vacancies in that Division except as provided for in 38 b.
above.
F. Positions flagged as needing a language skill or special qualifications shall be
identified on bids. Only employees having such skill or meeting such qualifications
shall be accepted for bid interview or for mandatory reassignments as provided in
this section.
G. Specially funded assignments, assignments of limited duration (less than six (6)
months), special circumstances (which generally will be less than six (6) months) or
requiring special skills, and assignments made due to reorganization, shall not be
SECTION 39 – REIMBURSEMENT FOR MEAL EXPENSES
SEIU 1021 SLS - 80 - 2013-2016
subject to procedures in this section. The Department is not limited in its description
of the special circumstances described in this section which may necessitate a
specific reassignment of employees.
H. Reassignments shall not be used as a replacement for discipline. Employees on
probation or in an Improvement Needed Review status shall not be reassigned. If
one (1) of the least senior persons in the class is on Improvement Needed or on
probation, a total of three (3) eligible least senior persons in the class will be
considered for reassignment, unless the bid is limited to a specific Division in
accordance with 38 b. herein, in which case the three (3) least senior persons in that
specific Division will be considered for reassignment.
I. The Department's selection decision in accordance with the procedures outlined in
this section are not subject to the Grievance Procedure contained in Section 25
herein.
SECTION 39 – REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstances and
in the amount specified:
A. When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
B. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment.
C. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official guests of the
County, work as members of examining boards, official visitors, and speakers or
honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or more hours of overtime or if the
employee is scheduled to work overtime with less than twenty-four (24) hours
notice; in this case he or she may be reimbursed in accordance with 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.
Procedures and definitions relative to reimbursement for meal expenses shall be in
accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 40 – PERSONAL PROPERTY REIMBURSEMENT
SEIU 1021 SLS - 81 - 2013-2016
SECTION 40 – PERSONAL PROPERTY REIMBURSEMENT
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 41 – LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals)
The length of service credits of each employee of the County shall date from the beginning
of the last period of continuous County employment (including temporary, provisional, and
permanent status, and absences on approved leave of absence). When an employee
separates from a permanent position in good standing and within two (2) years is
reemployed in a permanent County position, or is reemployed in a permanent County
position from a layoff list within the period of layoff eligibility, service credits shall include all
credits accumulated at time of separation, but shall not include the period of separation.
The Director of Human Resources shall determine these matters based on the employee
status records in his/her department.
SECTION 42 – SERVICE AWARDS
SEIU 1021 SLS - 82 - 2013-2016
SECTION 42 – SERVICE AWARDS
The County shall continue its present policy with respect to service awards including time
off; provided, however, that the type of award given shall be at the sole discretion of the
County.
The following procedures shall apply with respect to service awards:
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.
Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to
take the day off with pay at each five (5) year anniversary.
SECTION 43 – PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits. They
are eligible for health, dental and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time. If the employee works at least
fifty percent (50%) of full time, County retirement participation is also included.
SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS & BENEFITS
A. Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
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 D. 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 D, then the special pay or
benefit does not apply to permanent-intermittent employees.
SECTION 45 – PERMANENT-INTERMITTENT HEALTH PLAN
45.1 A permanent-intermittent employee may participate in the County Group Health Plan
Program wholly at the employee's expense. The employee will be responsible for paying
the monthly premium appropriately and punctually. Failure to meet the premium deadline
will mean automatic and immediate withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual open enrollment period.
SECTION 42 – SERVICE AWARDS
SEIU 1021 SLS - 83 - 2013-2016
45.2 The following benefit program shall be offered to permanent-intermittent employees:
A. Program. The County shall offer CCHP Plan A-2 at the subsidy rate below, to those
permanent-intermittent employees who meet and maintain eligibility.
i.Through December 31, 2009 the County will pay the monthly premium
subsidy of sixty-four percent (64%) of the cost of the CCHP Plan A-2
premium for a single individual.
ii.Beginning on January 1, 2010, and for each calendar year thereafter, the
County will pay a monthly premium subsidy for CCHP Plan A-2 that is equal
to sixty percent (60%) of the total monthly premium that is paid for a single
individual for the plan in 2010. If there is an increase in the premium charged
for a single individual by CCHP Plan A-2 for 2011, the County and the
employees will each pay fifty percent (50%) of that portion of the premium
increase that does not exceed eleven percent (11%) of the 2010 premium
charged for a single individual by the CCHP Plan A-2 health plan. If the
premium increase for 2011 exceeds eleven percent (11%) of the 2010
premium charged for a single individual by the CCHP Plan A-2 health, the
County additionally will pay that portion of the premium increase charged for
a single individual that exceeds eleven percent (11%) of the 2010 premium.
iii.After June 29, 2011, the County will pay a monthly premium subsidy for the
CCHP Plan A-2 that is equal to the actual dollar amount of the monthly
premium subsidy that is paid by the County in the month of May 2011. The
amount of the County subsidy that is paid will thereafter be a set dollar
amount and will not be a percentage of the premium charged by the CCHP
Plan A-2.
B. Eligibility. Initial eligibility shall be achieved when an employee has worked three (3)
continuous months of service at an average of fifty percent (50%) time per month.
In order to maintain eligibility, a permanent-intermittent employee must remain in
paid status during each successive month.
C. Pre-Pay. Employees who have achieved eligibility under the terms of 45.2b will pre-
pay the employee’s portion of the premium cost so that the effective date of
enrollment begins effective the first of the month of eligibility. Employees must
continue to pre-pay their portion of the health insurance premium in order to
continue benefits. In addition, employees who meet the eligibility requirements and
who have been voluntarily paying the total premium for one of the County Group
Health Plans shall be allowed to enroll in CCHP Plan A-2 without a waiting period.
D. Family Coverage. Employees may elect to purchase at their own expense, family
coverage, including domestic partner, and shall follow the procedures outlined in c.
above for payment for this optional coverage.
SECTION 46 – PROVISIONAL EMPLOYEE BENEFITS
SEIU 1021 SLS - 84 - 2013-2016
E. Implementation. Open Enrollment periods shall be for thirty (30) days and coincide
with the open enrollment period for County employees beginning in 2001.
Permanent-intermittent employees who are not currently eligible, but who
subsequently meet the eligibility requirements, shall be notified of their eligibility and
shall have thirty (30) days to decide whether or not to elect coverage under this
program.
F. Employees who are temporarily ineligible may purchase, at their own cost, the plan
in accordance with the procedures set forth by the Contra Costa County Health
Plan.
Nothing in Section 45.2 shall prevent an employee from electing health coverage under
either Section 45.1 or Section 45.2.
SECTION 46 – 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. Said
provisional employees may participate in the County Group Health Plan Program 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 monthly premium appropriately
and punctually. Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan Program and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 47 – INDEMNIFICATION AND DEFENSE OF COUNTY EMPLOYEES
The County shall defend and indemnify an employee against any claim or action against
the employee on account of an act or omission in the scope of the employee's employment
with the County in accordance with, and subject to, the provisions of California Government
Code Sections 825 et seq and 995 et seq.
SECTION 48 – MODIFICATION AND DECERTIFICATION
For the duration of this MOU the following amendments to Board Resolution No. 81/1165
shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified in the first paragraph to delete
the ten (10) percent requirement for an employee organization intervening in the unit
determination process and substitute therefore a thirty (30) percent requirement.
Section 34-12.013 - Election Procedure (b) shall be modified in the first paragraph to delete
the ten (10) percent requirement for any recognized employee organization(s) to appear on
the ballot and substitute therefore a thirty (30) percent requirement.
SECTION 49 – UNFAIR LABOR PRACTICE
SEIU 1021 SLS - 85 - 2013-2016
Section 34-12.016 - Modification of Representation Units shall be modified in the first
sentence by adding words to the effect of "most recent" to the date of determination. This
section shall be modified in the second sentence to require that petitions for modification of
a representation unit be filed during a period of not more than one hundred and fifty (150)
days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in
effect. The last sentence of this section shall be modified so that modification of a
representation unit shall not negate the term of an existing MOU between the County and
the recognized employee organization of the unit prior to the modification proceedings.
Section 34-12.018 - Decertification Procedure shall be modified in the first sentence by
adding words to the effect of "most recent" to the date of formal recognition and by
requiring the petition be submitted during a period of not more than one hundred and fifty
(150) days nor less than one hundred and twenty (120) days prior to the expiration of the
MOU in effect.
SECTION 49 – UNFAIR LABOR PRACTICE
49.1 Filing. Either the County or the Union 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.
49.2 Unfair Labor Practice - County. It is an unfair labor practice for the County to:
A. Interfere with, restrain or coerce employees in the exercise of the rights recognized
or granted in this division;
B. dominate or interfere with the formation of any employee organization or interfere
with selection of a majority representative;
C. contribute financial support to any employee organization; or
D. refuse to meet and confer in good faith (with representatives of formally organized
employee organizations on matters within the scope of representation), or to refuse
to consult with informally recognized employee organizations on matters within the
scope of representation.
49.3 Unfair Labor Practice - Union. It is an unfair labor practice for the Union or their
representatives or members to:
A. Interfere with, restrain or coerce employees in the exercise of the rights recognized
or granted in this division;
B. coerce, attempt to coerce or discipline any member of an organization so as to
hinder or impede the performance of his/her duties;
SECTION 50 – DEPENDENT CARE
SEIU 1021 SLS - 86 - 2013-2016
C. discriminate against any employee with regard to the terms or conditions of
membership because of race, color, creed, sex or national origin;
D. refuse to consult, or meet and confer in good faith, with management
representatives on matters within the scope of representation; or
E. initiate, engage in, cause, instigate, encourage or condone a work stoppage of any
kind or other disruptive activities which are detrimental to the conduct of county
business and services.
SECTION 50 – DEPENDENT CARE
A. Dependent Care Information and Referral Service. The County will administer an
"Information and Referral Service" through the Contra Costa Child Care Council for
the duration of this MOU.
B. Dependent Care Salary Contribution. Subject to the applicable provisions of the
Internal Revenue Service, employees may contribute up to $5,000 each calendar
year from their salaries for approved dependent care; only eligible employees may
contribute for such expenses; there is no County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, proof of payment, and
applicable County administrative procedures.
SECTION 51 – SPECIAL STUDIES/OTHER ACTIONS
51.1 Task Force. The Department of Employment and Human Services and
representatives from SEIU Local 1021 Service Line Supervisors will form a Task Force
consisting of four (4) representatives from each party to review the amount and nature of
work of Service Line Supervisors. The Task Force will make recommendations to the
EHSD Director concerning streamlining functions and/or processes, and establishing
priorities for the purpose of addressing workload. The Task Force will begin no later than
75 days after the signing of a new MOU, and will endeavor to complete its
recommendations by the end of September 2007.
A. There shall be meetings between the Department of Employment and Human
Services and the Union on at least a quarterly basis (or scheduled as agreed by the
parties) to review and discuss the existing amount and nature of work; to share
information and ideas on workload issues throughout the Department; and to
discuss long-range planning concerning Department programs and implementation.
The meeting(s) will be chaired by a Program Bureau Director or Department
Personnel Officer or his/her designee.
51.2 Differentials. The County and the Labor Coalition agree to establish a
Labor/Management Committee comprised of five (5) Labor and five (5) Management
SECTION 52 – SPECIAL BENEFITS
SEIU 1021 SLS - 87 - 2013-2016
employees to study and recommend actions necessary to standardize payment and
application of differentials including, but not limited to, proration for less than full-time
employees; the length of payment while on paid sick leave or disability; and consistency
between percent-based vs. flat-payment differentials.
51.3 Grievance Procedure. Representatives of the County shall meet and confer with
representatives of the Labor Coalition in order to develop rules and guidelines governing
the conduct and administration of Adjustment Boards.
51.4 Ergonomics. No later than May 15, 2000, the County will submit for Coalition input
revisions to Administrative Bulletin No. 426 dated April 17, 1990, and an Ergonomic Field
Guide, with a goal of finalization by June 30, 2000.
SECTION 52 – SPECIAL BENEFITS
Social Services First Line Supervisors represented by Social Services Union, Local 1021
are eligible to receive the following benefits:
A. Life Insurance. Effective January 1, 2000, $45,000 Group Term Life Insurance will
be provided. Premiums for this insurance will be paid by the County with conditions
of eligibility to be reviewed annually.
B. LTD. Long-Term Disability Insurance will be provided, with a replacement limit of
eighty-five percent (85%) of total monthly base earnings reduced by any deductible
benefits. The premium for this Long-Term Disability Insurance will be paid by the
County.
C. Vacation Buy Back. A vacation Buy Back plan will be provided for reimbursement
for up to one-third (1/3) of an employee's annual vacation accrual, subject to the
following conditions: (a) the choice can be made only once in each calendar year;
(b) payment shall be based on an hourly rate determined by dividing the employee's
monthly salary by 173.33; and (c) the maximum number of hours that may be
reimbursed in any year is one-third (1/3) of the annual accrual at the time of
reimbursement.
Employees promoted or hired by the County into any classification represented by
SEIU 1021 Service Line Supervisors on and after January 1, 2012, are not eligible for
the Vacation Buy-Back benefit. However, any employee who was eligible for a
Vacation Buy-Back benefit before promoting into a classification represented by
SEIU 1021 Service Line Supervisors will retain that benefit after promoting into a
classification represented by SEIU 1021 Service Line Supervisors.
D. Professional Development. A Professional Development Reimbursement Plan will
be provided to include reimbursement of up to one hundred fifty dollars ($150) per
fiscal year for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job-related professional development
SECTION 52 – SPECIAL BENEFITS
SEIU 1021 SLS - 88 - 2013-2016
activities, job-related books, electronic calendars and organizers, and software and
hardware from a standardized County approved list or with Department Head
approval, provided each employee complies with the provisions of the Computer
Use and Security Policy adopted by the Board of Supervisors.
Beginning January 1, 2000, employees shall be eligible for reimbursement of up to
four hundred dollars ($400) for each two (2) year period. Authorization for individual
professional development reimbursement requests shall be made by the
Department Head. Reimbursement will occur through the regular demand process
with demands being accompanied by proof of payment (copy of invoice or canceled
check).
E. Longevity Pay. A Longevity Pay Plan will provide a 2.5% increase in pay at ten (10)
years of County Service, subject to appointing authority approval based on merit.
F. Deferred Compensation Incentive.
1.The County will contribute seventy-five dollars ($75.00) per month to each
employee who participates in the County’s Deferred Compensation Plan. To
be eligible for this incentive, the employee must contribute to the deferred
compensation plan as indicated below:
Current
Monthly
Salary
Qualifying
Base Cont.
Amount
Monthly Base Cont.
Amount for Maintaining
Incentive Prog.Eligibility
2500 and below 250 50
2501 – 3334 500 50
3335 – 4167 750 50
4168 – 5000 1000 50
5001 – 5834 1500 100
5835 – 6667 2000 100
6668 and above 2500 100
Employees who discontinue contributions or who contribute less than the required
amount per month for a period of one (1) month or more will no longer be eligible for
the seventy-five ($75.00) County supplement. To re-establish eligibility, employees
must again make a Base Contribution Amount as set forth above based on current
monthly salary. Employees with a break in deferred compensation contributions
either because of an approved medical leave or an approved financial hardship
withdrawal will not be required to re-establish eligibility. Further, employees who
lose eligibility due to displacement by layoff, but maintain contributions at the
required level and are later employed in an eligible position, will not be required to
re-establish eligibility.
2.Deferred Compensation Plan – Special Benefit for Hires after January 1,
2010: Commencing April 1, 2010 and for the duration of this Agreement, the
County will contribute one hundred fifty dollars ($150) per month to an
SECTION 52 – SPECIAL BENEFITS
SEIU 1021 SLS - 89 - 2013-2016
employee's account in the Contra Costa County Deferred Compensation
Plan or other designated tax qualified savings vehicle, for employees who
meet all of the following qualifications:
a)The employee was first hired by Contra Costa County on or after
January 1, 2010 and,
b)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
c) The employee defers a minimum of twenty-five dollars ($25) per
month to the Contra Costa County Deferred Compensation Plan or
other designated tax qualified savings vehicle; and ,
d)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).
e)The annual maximum contribution as defined under the relevant
Internal Revenue Code provision has not been exceeded for the
employee's account for the calendar year.
Employees who discontinue deferral or who defer less than the amount required
by this Subsection 2 for a period of one (1) month or more will no longer be
eligible to receive the County contribution. To establish eligibility, employees
must resume deferring the amount required by this Subsection 2.
No amount deferred by the employee or contributed by the County in
accordance with this Subsection 2 will count towards the Base Contribution
Amount or the Monthly Base Contribution for Amount for Maintaining Program
Eligibility required for the County's Deferred Compensation Incentive in
Subsection 1. No amount deferred by the employee or contributed by the
County in accordance with Subsection 1 will count toward the minimum required
deferral required by this Subsection 2. The County's contribution amount in
accordance with this Subsection 2 will be in addition to the County contribution
amount for which the employee may be eligible in accordance with any other
provision in this contract.
Both the employee deferral and the County contribution to the Contra Costa
County Deferred Compensation Plan under this Subsection 2 as well as any
amounts deferred or contributed to the Contra Costa County Deferred
Compensation Plan in accordance with Subsection 1, will be added together for
the purpose of ensuring that the annual Plan maximum contributions as defined
under IRS Code Section 457(b), or other tax qualified designated savings
vehicle, are not exceeded.
Within 30 days of adoption of this MOU by the Board of Supervisors, and
annually thereafter beginning in 2015, the County will provide to the Union a list
of eligible employees who have not enrolled in the deferred compensation plan
SECTION 53 – ADOPTION
SEIU 1021 SLS - 90 - 2013-2016
and will provide the Union with contact information for scheduling an
appointment with the Deferred Compensation provider.
G. Deferred Compensation Plan – Loan Provision: On August 14, 2012, the Board
of Supervisors adopted Resolution 2012/348 approving a side letter with the
Coalition Unions to allow a Deferred Compensation Plan Loan Program effective
September 1, 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%).
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 53 – 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 54 – SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISION
SEIU 1021 SLS - 91 - 2013-2016
SECTION 54 – SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
54.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU
fully and completely incorporates the understanding of the parties hereto and constitutes
the sole and entire agreement between the parties in any and all matters subject to meet
and confer. Neither party shall, during the term of this MOU demand any change herein,
provided that nothing herein shall prohibit the parties from changing the terms of this MOU
by mutual agreement. 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.
54.2 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.
54.3 Personnel Management Regulations. Where a specific provision contained in
a section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. It is
recognized, however, that certain provisions of the Personnel Management Regulations
may be supplementary to the provisions of this MOU and as such remain in full force and
effect.
54.4 Duration of Agreement. This Agreement will continue in full force and effect from
July 1, 2013 to and including June 30, 2016. Said Agreement shall automatically renew
from year to year thereafter unless either party gives written notice to the other prior to sixty
(60) days from the aforesaid termination date, of its intention to amend, modify or terminate
the agreement.
DATE: ____________________
SEIU, LOCAL 1021
Contra Costa County: (SERVICE LINE SUPERVISORS UNIT):
(Signature / Printed Name) (Signature / Printed Name)
/ /
/ /
/ /
/ /
SEIU, LOCAL 1021
SERVICE LINE SUPERVISORS
ATTACHMENTS
A. CLASS AND SALARY LISTING
B. MEDICAL/DENTAL/LIFE INSURANCE AGREEMENTS
C. HEALTHCARE COALITION NOTICE OF CHANGES
D. PERMANENT-INTERMITTENT SPECIAL PAYS AND BENEFITS
E. RETURN TO WORK POLICY
CONTRA COSTA COUNTY: SEIU, LOCAL 1021, SLS UNIT:
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
__________________________________ ___________________________________
SEIU, LOCAL 1021
SERVICE LINE SUPERVISORS UNIT
CLASS AND SALARY LISTING
Effective 4/1/2014
ATTACHMENT A
Job Code Class Title
Flex Staff (F) / Deep
Class (D)From To
X0H1 SOCIAL WORK SUPERVISOR I-PRJ $5,175.63 $6,291.01
X0HA SOCIAL WORK SUPVSR II $6,082.11 $7,392.85
X0HB SOCIAL WORK SUPERVISOR I $5,175.63 $6,291.01
X7HB VOC ASSESSMENT SUPERVISOR $5,406.09 $6,571.14
Salary Range
ATTACHMENT B
SEIU Local 1021 Service Line Supervisors
MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
Co-Pays
The health plan co-pays are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B: $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network
$3 Preferred Generic RX
$3 Preferred Brand RX
$3 Non-Preferred Brand RX
KAISER: $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$20 Non-Preferred Brand RX
$10 Emergency Room
HEALTH NET HMO $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$25 Emergency Room
HEALTH NET PPO: $10 Office Visit in network
$5 Preferred Generic RX
$5 Preferred Brand RX
$5 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible
ATTACHMENT C
ATTACHMENT D
SEIU, Local 1021-Service Line Supervisors
Section 44 –PI Employee Special Pays
1 of 1
Special Pays for Permanent-Intermittent Employees
All Units
Type of Pay (Pay Code) MOU Section
Jury Duty-Scheduled Work Day (JRY) Sec. 18
Military Leave (MLX) Sec. 17.4
FLSA Overtime (OTF) None
Sick Leave Hours Taken (SCK, SCK-2BS, SCK-2FS,
SCK-2RS, SCK-CAT, SCK-FML)
Sec. 44
Vacation Hours Taken (VAC, VAC-1, VAC-FML) Sec. 44
Shift Differential Pay at 5% (SH2) Sec. 10
Negotiations Time Off (T03) Sec. 4
ATTACHMENT E