HomeMy WebLinkAboutMINUTES - 07292014 - D.7RECOMMENDATION(S):
ADOPT Resolution No. 2014/258 approving the Memorandum of Understanding with Western Council of Engineers,
for the period of July 1, 2013 through June 30, 2017.
FISCAL IMPACT:
The estimated cost of the negotiated contract is $175,000 for FY 2014/15 ($164,000 from the wage increase);
$294,000 for FY 2015/16 ($164,000 for the previous wage increase and $119,000 for the FY 2015/16 wage
increase); and $361,000 for FY 2016/17 ($283,000 from the previous wage increases and $353,000 from the 3%
increase). Implementation of a change in the Cost of Living Adjustment (COLA) to the pension benefit for employees
who become members of CCCERA on and after July 1, 2014, is intended to result in long term savings for both the
employee and the County.
BACKGROUND:
Western Council of Engineers began bargaining with Contra Costa County on October 16, 2013. A Tentative
Agreement was reached between the County and Western Council of Engineers on July 10, 2014, and the
Memorandum of Understanding (MOU) was ratified on July 16, 2014. The resulting MOU, which is attached,
includes modification to wages, retirement, and other benefit changes. In summary, those changes include:
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 07/29/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYES 5 NOES ____
ABSENT ____ ABSTAIN ____
RECUSE ____
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: July 29, 2014
David J. Twa, County Administrator and Clerk of the Board of
Supervisors
By: June McHuen, Deputy
cc: Harjit S. Nahal, Assistant Auditor-Controller, Human Resources, Christine Penkala, County Benefits Manager, Kurt Schneider, Deputy Chief Executive
Officer
D. 7
To:Board of Supervisors
From:David Twa, County Administrator
Date:July 29, 2014
Contra
Costa
County
Subject:Memorandum of Understanding with Western Council of Engineers
BACKGROUND: (CONT'D)
Term - Section 47.4
The term of the agreement is July 1, 2013 through June 30, 2017.
Withdrawal of Membership - Section 2.5
Modifications to language regarding withdrawal of membership.
General Wages - Section 5.1
Effective July 1, 2014, the salary for all classifications will be increased by four percent (4%).
Effective July 1, 2014, the salary for ARP-Engineer (V4SF) and ARP-Engineer-Entry Level (VLWB)
will be increased by an additional eight percent (8%).
Effective July 1, 2015, the salary for all classifications will be increased by three percent (3%).
Effective July 1, 2015, the salary for ARP-Engineer (V4SF) and ARP-Engineer-Entry Level (VLWB)
will be increased by an additional seven percent (7%).
Effective July 1, 2016, the salary for all classifications will be increased by three percent (3%).
On August 10, 2014, the majority of employees in classifications represented will receive a lump sum
payment of $750.
On May 10, 2015, the majority of of employees in classifications represented will receive a lump sum
payment of $750.
On July 10, 2016, the majority of of employees in classifications represented will receive a lump sum
payment of $500.
Deferred Compensation - Section 5.15.B
Added agreed upon loan provisions.
Pay Warrant Errors - Section 5.17
Employees may accept proposed repayment schedules or request a meeting to determine a repayment
schedule, which shall be no longer than three times the length of time the overpayment occurred.
Time Reporting/Time Stamping - Section 6.2
New language regarding stamping in and reporting time.
Automated Timekeeping - Section 6.3
Agreement to the implementation of the Automated Timekeeping System.
Overtime and Compensatory Time - Section 7
Modifications to language regarding time worked.
Call-Back Time Pay - Section 8
Specified employees who are called back to duty will be paid Call Back Time.
On-Call Duty - Section 9
Language was modified to define how On-call duty is paid.
Shift Differential - Section 10
Modifications were made to shift differential language.
Duration of Layoff & Reemployment Rights – Section 11.2.H
Layoff lists expire at two (2) years.
Holidays - Section 12
Modifications to language regarding holidays.
Vacation- Section 13
Modification to language regarding vacation allowance.
Sick Leave - Section 14
Modification to language regarding credits to and charges against sick leave.
Health, Life, and Dental Care - Section 19.18
Agreement was reached to re-open this section between April 1, 2015 and January 1, 2016, for the
limited purpose of bargaining to explore changes effective in the 2016 Plan year.
Grievance Procedure - Section 25
Modifications were made to the grievance procedure.
Retirement/Contribution - Section 26
PEPRA non-Safety employees hired on or after July 1, 2014, will have up to a two percent banked
COLA to their retirement benefit.
Professional Development – Section 30.1
Effective January 1, 2014, allowable expenses reimbursed up to $1,000 for each two (2) year period.
Permanent-Intermittent Employee Special Pays & Benefits - Section 39
Special pays and benefits applicable for permanent-intermittent employees are detailed in Attachment C.
If a special pay or benefit is not specifically referenced then it does not apply.
Scope of Agreement - Section 47.1
Any past side letters or any other agreements that are not incorporated into or attached to the MOU are
deemed expired upon approval of this MOU by the Board of Supervisors.
List of Attachments
List was modified/updated.
Special Pays and Benefits for Permanent-Intermittent Employees – Attachment C.
Special pays and benefits applicable for permanent-intermittent employees are detailed in Attachments C.
If a special pay or benefit is not specifically referenced then it does not apply.
CONSEQUENCE OF NEGATIVE ACTION:
The County will continue to be out of contract with Western Council of Engineers and may experience
recruitment and retention difficulties.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2014/258
Western Council of Engineers MOU 7-1-13 thru 6-30-17
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
WESTERN COUNCIL OF ENGINEERS
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of Board of Supervisors’ Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Council is
the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reac h 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.
Special provisions and restrictions pertaining to Project employees covered by this
MOU are contained in Attachment D which is attached hereto and a part hereof.
DEFINITIONS
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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.
Council: Western Council of Engineers
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 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, displacement, or
demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement,
or have voluntarily 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
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Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Permanent Status: Appointment to a position which must be confirmed by successful
completion of the probationary period specified for the class.
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 cla ss
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 on e 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 resol utions 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 Reg ulations
governing reemployment.
Resignation: The voluntary termination of permanent service with the County.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another position in a
class which is allocated to a range on the salary plan that is within five percent (5%) at
top step as the class previously occupied by the employee.
SECTION 1 - COUNCIL RECOGNITION
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SECTION 1 - COUNCIL RECOGNITION
The Council is formally recognized as the exclusive representative for the employees
assigned to the Professional Engineer Unit and has been certified as such pursuant to
Board Resolution 81/1165.
SECTION 2 - COUNCIL 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 Council has the
exclusive privilege of dues deduction for all members in its units.
2.2 Agency Shop.
A. The Council agrees that it has a duty to provide fair and non -discriminatory
representation to all employees in all classes in the unit for which this section is
applicable regardless of whether they are members of the Council.
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 Council or;
2. Pay to the Council, 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
Council to determine an agency shop fee which meets the ab ove 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 Council shall provide the County with a copy of the Council's Hudson
Procedure for the determination and protest of its agency shop fees. The County
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shall provide a copy of the Council's Hudson Procedure to every employee hired
into a class represented by the Council after the effective date of this MOU. The
Council shall provide a copy of said Hudson Procedure to every fee payer
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 an employee to invoke the Council's Hudson Procedure within one (1)
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. The Council shall provide the Director of Human Resources with copies of a
financial report patterned after Form LM-2 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 not later than June 1 of each calendar year shall
result in the termination of all agency 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
Council 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
Council's Hudson Procedure and the Council dues, agency shop fee,
initiation fee or charitable contribution required under Section 2.2.B.3 are
not received, and the employee has not timely invoked the Council's
Hudson Procedure, or if invoked, the employee's Hudson Procedure
rights have been exhausted, the Council 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 Council.
G. The Council shall indemnify, defend, and save the County harmless against any
and all claims, demands, suits, orders, judgments, or other forms of liability that
arise out of or by reason of this Council 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.
SECTION 2 - COUNCIL SECURITY
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H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Council.
I. In the event that employees in a bargaining unit represented by the Council vote
to rescind Agency Shop, the provisions of Sections 2.3 and 2.4 shall apply to
dues-paying members of the Council.
2.3 Maintenance of Membership. All employees who are currently paying dues to
the Council and all employees in that unit who hereafter become members of the
Council shall as a condition of continued employment pay dues to the Council for the
duration of this MOU and each year thereafter so long as the Council 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 2.5.
2.4 Council Dues Form. Employees hired into classifications assigned in bargaining
units cited in Section 2.3 above shall, as a condition of employment at the time of
employment, complete a Council dues authorization form provided by the Council and
shall have deducted from their paychecks the me mbership dues of the Council. Said
employee shall have thirty (30) days from the date of hire to decide if he/she does not
want to become a member of the Council. Such decision not to become a member of
the Council 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 Council, any Council 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 Council. 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 voluntari ly agreed to pay the dues of
the Council.
Each such dues authorization form referenced above shall include a statement that the
Council 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 may withdraw from Council
membership and discontinue paying dues as of the payroll period commencing
September 1, 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 Council a list of the employees who have
rescinded their authorization for dues deduction.
2.6 Communicating With Employees. The Council shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
SECTION 2 - COUNCIL SECURITY
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buildings or in public portions of offices in which there are employees represented by
the Council, provided the communications displayed have to do with official organiza tion
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 discu ssion
with the Council.
Representatives of the Council, not on County time, shall be permitted to place a supply
of employee literature at specific locations in County buildings if arranged through the
Labor Relations Manager; said representatives may distribute employee organization
literature in work areas (except work areas not open to the public) if the nature of the
literature and the proposed method of distribution are compatible with the work
environment and work in progress.
Such placement and/or distribution shall not be performed by on duty employees.
The Council 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 council 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 Council 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 Council is s cheduled 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.
SECTION 2 - COUNCIL SECURITY
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The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Council 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 Council shall, except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation directly relating
to matters within the scope of representation proposed to be adopted by the Board, or
boards and commissions designated by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board determine 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 Council, that the employee's classification is represented by the
Council and the name of a representative of the Council. The County will provide the
employee with a packet of information which has been supplied by the Council and
approved by the County. The County will also provide the addresses of new employees
to the Council if the employee consents in writing to the County providing this
information to the Council. The County shall provide an opportunity for the Council to
make a fifteen (15) minute presentation at the end of the Human Resources
Department’s new employee orientation meetings.
2.10 Distribution of Materials. The Council may distribute materials to designated
Council representatives through the County distribution channels if approved by the
Human Resources Director or his designee. The decision of the Human Resources
Director is final and not subject to the grievance procedure. This privilege may be
revoked in the event of abuse after the Human Resources Director consults wit h the
Council.
2.11 Section 11 of 1977-79 MOU. Section 11 of the 1977-1979 MOU between the
County and Western Council of Engineers shall be continued for the duration of this
MOU.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES
ACT (ADA)
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SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
There shall be no discrimination because of race, creed, color, national origin, sexual
orientation or Council 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 or in a
manner that does not endanger the health of such person. There shall be no
discrimination because of Union membership or legitimate union activity against any
employee or applicant for employment by the County or anyone employed by the
County.
The County and the Council 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 ADA which are in conflict with any provision of this
MOU, the Council will be advised of such proposed accommodation. Upon request, the
County will meet and confer with the Council on the impact of such accommodation. If
the County and the Council 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 COUNCIL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official council represen-
tatives shall be allowed to attend meetings held by County a gencies during regular
working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting;
b. If their attendance is sought by a hearing body or presentation of testimony or
other reasons;
c. If their attendance is required for meetings scheduled at reasonable times
agreeable to all parties, required for settlement of grievances filed pursuant to
Section 25 - Grievance Procedure of this MOU.
d. If they are designated as a Council representative in which case they may utilize
a reasonable time at each level of the proceedings to assist an employee to
present a grievance, provided the meetings are scheduled at reasonable times
agreeable to all parties.
SECTION 5 – SALARIES
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e. If they are designated as spokesperson or representative of the Council 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.
4.2 Council Representatives. Official representatives of the Council 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.
SECTION 5 – SALARIES
5.1 General Wages.
A. 1. Effective July 1, 2014, the base rate of pay for all classifications represented
by the Union will be increased by four percent (4%).
2. Effective July 1, 2014, the base rate of pay for the classifications of ARP-
Engineer (V4SF) and ARP-Engineer-Entry Level (VLWB) will be increased by
an additional eight percent (8%).
3. Effective July 1, 2015, the base rate of pay for all classifications represented
by the Union will be increased by three percent (3%).
4. Effective July 1, 2015, the base rate of pay for the classifications of ARP-
Engineer (V4SF) and ARP-Engineer-Entry Level (VLWB) will be increased by
an additional seven percent (7%).
5. Effective July 1, 2016, 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 the following criteria will be paid lump sum ratification
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payments of seven hundred and fifty dollars ($750) each on August 10, 2014 and
on May 10, 2015 and five hundred dollars ($500) on July 10, 2016. Permanent
part-time employees, including project employees, who meet 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 the
lump sum amount by the employee’s approved position hours (for example: $750
x (20/40)= $375).
Criteria:
a. For the August 10, 2014 payment: The employee must be employed
by the County in a classification represented by the Union on July 1,
2014. Employees in the classifications of ARP-Engineer (V4SF) and
ARP-Engineer-Entry Level (VLWB) are not eligible for this payment.
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. Employees in the classifications of ARP-Engineer (V4SF) and
ARP-Engineer-Entry Level (VLWB) are not eligible for this payment.
c. For the July 10, 2016 payment: The employee must be employed by
the County in a classification represented by the Union on June 1,
2016.
d. Permanent-intermittent, temporary and per diem employees are not
eligible for the ratification payments.
2. 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 at
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 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.
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b. Promotions. The anniversary date of a promoted employee is determined as for
a new employee in Subsection 5.2.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. 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 year 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 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 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
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
SECTION 5 – SALARIES
WCE - 13- 2013-2017
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 rat e 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 authorized paid 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 unde r 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 t he 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
SECTION 5 – SALARIES
WCE - 14- 2013-2017
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 cla ss previously occupied, except as
provided under Section 5.13, 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 s hall 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 5.13, shall have his/her 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
SECTION 5 – SALARIES
WCE - 15- 2013-2017
(5%), the employee's salary shall be adjusted to the step in the new range wh ich 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, his or her salary shall remain the same if the s teps 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 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.
5.14 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 the MOU.
Effective with the ratification of this MOU, pay for work in a higher classification will
commence 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
WCE - 16- 2013-2017
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. 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 MOU.
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 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 perio d 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.
5.15 Deferred Compensation Plan
A. Special Benefit for Hires after January 1, 2010: Commencing April 1, 2010 and
for the duration of this Agreement, the County will cont ribute 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:
SECTION 5 – SALARIES
WCE - 17- 2013-2017
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 exceed ed 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 Mon thly 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 oth er
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 b e 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 qu alified designated savings
vehicle, are not exceeded.
B. 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
SECTION 5 – SALARIES
WCE - 18- 2013-2017
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 Ad ministrator 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.
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/her
warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one -third (1/3) or less, at the employee’s
option, of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on or before April 30 or October 31 of
each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first d ay 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.
5.17 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 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.
SECTION 6 - DAYS AND HOURS OF WORK
WCE - 19- 2013-2017
Pay errors found in employee pay shall be corrected as soon as possible as to current
pay rate but that no recovery of either overpayments or underpayments to an employee
shall be made retroactively except for the six (6) month period immediately preceding
discovery of the pay error. This provision shall apply 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
will be held to determine a repayment schedule which will be no longer than three (3)
times 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 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 th e
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.
SECTION 7 - OVERTIME & COMPENSATORY TIME
WCE - 20- 2013-2017
f. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules,
the workweek begins at 12:01 a.m. on Monday and end s at 12 midnight
on Sunday.
g. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work
day and regularly scheduled 9/80 day off. The start time of the workweek
is four (4) hours and one (1) minute after the start time of the eight (8)
hour workday. The end time of the workweek is four (4) hours after the
eight (8) hour workday start time. The result is a workweek that is a fixed
and regularly recurring period of seven (7) consecutive twenty-four (24)
hour periods (168 hours).
h. Workweek for Twenty-Four Hour (24) Facility Employees: For employees
who work in a twenty-four (24) hour facility in the Health Services
Department and who are not on a 9/80 work schedule, the workwee k
begins at 12:01 a.m. Sunday and ends at 12:00 midnight on Saturday.
6.2 Time Reporting/Time Stamping. Permanent Intermittent and any other 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.
6.3 Automated Timekeeping Implementation. The Union agrees to the
implementation of an Automated Timekeeping System.
SECTION 7 - OVERTIME & COMPENSATORY TIME
7.1 Overtime
A. Permanent full-time and part-time employees are eligible to receive 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 would
be entitled to 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 appl icable
during overtime hours worked will be computed on the employee’s base rate of pay, not
on the overtime rate of pay.
SECTION 7 - OVERTIME & COMPENSATORY TIME
WCE - 21- 2013-2017
Overtime for permanent employees is earned and credited in a minimum of one -half
(1/2) hour increments and is compensated by either pay or compensatory time off.
B. Permanent Intermittent employees are eligible to receive 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 worke d will be computed on the employee’s
base hourly rate of pay, not on the overtime rate of pay.
7.2 Straight Time Pay. 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. For example, if an employee is
scheduled to work from 8:00 a.m. to 5:00 p.m., but uses accruals for 8:00 a.m. to 10:00
a.m. and works from 10:00 a.m. to 7:00 p.m., he/she would be entitled to two hours of
straight time pay for the 5:00 p.m. to 7:00 p.m. hours worked. Straight time pay is
calculated at the rate of one (1.0) times the employee’s base rate of pay (not inc luding
differentials or shift pays).
7.3 Overtime And Straight Time Compensatory Time. The following provisions
shall apply:
a. Employees may annually elect to accrue overtime compensatory time off
and straight time compensatory time off (hereinafter collectively referred to
as “compensatory time off”) in lieu of overtime pay and straight time pay.
Employees shall make a choice, which will remain in effect for a period of
one fiscal year July 1 - June 30. The employee must notify their
department 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, after the list has been compiled, will be paid for authorized
overtime and straight time hours worked until the preparation of the next
annual list.
c. Overtime compensatory time off will be accrued at the rate of one and
one-half (1-1/2) times the actual authorized overtime hours worked by the
employee. Straight time compensatory time off will be accrued at the rate
of one (1.0) times the actual authorized straight time hours worked by the
employee. Compensatory time off will be taken in increments of one (1)
minute.
SECTION 7 - OVERTIME & COMPENSATORY TIME
WCE - 22- 2013-2017
d. Employees may not accrue a compensatory time off balance that exceeds
one hundred twenty (120) hours. Once a one hundred twenty (120) hour
balance has been attained, authorized straight time and overtime hours
will be paid at the applicable straight time or overtime rate. If the
employee's balance falls below one hundred twenty (120) hours, the
employee shall again accrue compensatory time off for authorized straight
time and 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 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 overtime compensatory time off at the rate of one
and one-half (1-1/2) hours for each hour of authorized overtime worked,
accrued overtime compensatory time balances will be paid off at the
straight time rate for the employee's current salary whenever:
1. the employee changes status and is no longer eligible for
compensatory time off;
2. the employee promotes, demotes or transfers to another
department;
3. the employee separates from County service;
4. the employee retires.
j. The Office of the County Auditor-Controller will establish timekeeping
procedures to administer this Section.
SECTION 8 - CALL-BACK TIME
WCE - 23- 2013-2017
7.4 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. 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 8 - CALL-BACK TIME
A permanent full time and permanent part time employee who is called back to duty will
receive pay 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 is entitled
to receive 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.
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 o n-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:
1. A permanent full-time or part-time employee is not scheduled to work on
County premises or on a County work assignment, 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.
2. 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
WCE - 24- 2013-2017
SECTION 10 - SHIFT DIFFERENTIAL
A. Permanent Full Time and Permanent Part Time Employees:
1. Permanent full time and permanent part time employees will r eceive 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 emplo yee 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 Employees:
1. Permanent-intermittent 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 - SENIORITY, 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:
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
WCE - 25- 2013-2017
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 classific ations
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 fundi ng
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
Council of the possibility of such layoffs and shall meet and confer with the
Council 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 lon ger necessary, or for
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
WCE - 26- 2013-2017
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 inve rse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full time employee may displace
an employee in the department having less seniority in the same class
who occupies a permanent-intermittent or permanent part-time position,
the least senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who
had achieved permanent status in a class at the same or lower salary
level as determined by the salary schedule in effect at the time of layoff
may displace within the department and in the class of an employee
having less seniority; the least senior employee being displaced first, and
so on with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type
respectively.
2. A permanent full time employee may displace any intermittent or part -time
employee with less seniority 1) in the same class or, 2) in a class of the
same or lower salary level if no full time employee in a class at the same
or lower salary level has less seniority than the displacing employees.
3. Former permanent full time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of
a proposed layoff with the written approval of the Director of Human
Resources or designee retain their permanent full time employee seniority
rights for layoff purposes only and may in a later layoff displace a full time
employee with less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
the same or higher salary levels as determined by the salary schedule in effect at
the time of layoff. Employees reallocated or transferred without examination from
one class to another class having a salary within five percent (5%) of the former
class, as provided in Section 305.2, shall carry the senio rity accrued in the former
class into the new class. Employees reallocated to a new deep class upon its
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
WCE - 27- 2013-2017
initiation or otherwise reallocated to a deep class because the duties of the
position occupied are appropriately described in the deep class shall carr y 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 period of layoff eligibility. Approved leaves of absence as
provided for in these rules and regulations shall not constitute a period of
separation. In the event of ties in seniority rights in the particular class in
question, such ties shall be broken by length of l ast 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 or who
have transferred in lieu of layoff or displacement. Names shall be listed in order
of layoff seniority in the class from which laid off, displaced, demoted or
transferred on the date of layoff, the most senior person listed first. In case of ties
in seniority, the seniority rules shall apply except that where there is a class
seniority tie between persons laid off from different depart ments, the tie(s) shall
be broken by length of last continuous permanent County employment with
remaining ties broken by random selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two
(2) years. Persons placed on layoff lists shall continue on the appropriate list for
a period of two (2) 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
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
WCE - 28- 2013-2017
eligible highest on the layoff list who shall be subject to a probationary period. A
person employed from a layoff list shall be appointed at the same step of the
salary range the employee held on the day of layoff.
J. Removal of Names from Reemployment & 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 des ire 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 Director of Human Resources or the
appointing authority within ten (10) days to written notice of certification
mailed to the person's last known address.
6. If the person on the reemployment or layoff list is appointed to another
position in the same or lower classification, the name of the person shall
be removed.
7. However, if the first permanent appointment of a person on a layoff list is
to a lower class which has a top step salary lower than the top step of the
class from which the person was laid off, the name of the person shall not
be removed from the layoff list.
K. Removal of Names from Reemployment and Layoff Certifications. The Director
of Human Resources may remove the name of any eligible from a reemployment
or layoff certification if the eligible fails to respond within five (5) days to a written
notice of certification mailed to the person's last known address.
11.3 Notice. The County 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
SECTION 12 - HOLIDAYS
WCE - 29- 2013-2017
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 the 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 Day
December 25th, known as Christmas Day
SECTION 12 - HOLIDAYS
WCE - 30- 2013-2017
Such other days as the Board of Supervisors may by resolution designate as
holidays. 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.
B. Each full-time employee shall 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 shall be given to emp loyees 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 cre dits 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 Alternative 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 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 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 schedule to work on the holiday.
SECTION 12 - HOLIDAYS
WCE - 31- 2013-2017
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 h oliday 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 receive flexible pay at
the rate of 1.0 times his/her base rate of pay (not including differentials) flexible
or 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 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 employee’s “part time employee’s holiday hours.” If the employee
does not have any non-sick leave accrual balances, leave without pay (AWOP)
will be authorized.
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 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 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
SECTION 12 - HOLIDAYS
WCE - 32- 2013-2017
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.
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 p ay 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
SECTION 12 - HOLIDAYS
WCE - 33- 2013-2017
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 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 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
(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 par t 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 reco gnition 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.”
SECTION 13 - VACATION LEAVE
WCE - 34- 2013-2017
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, promotion, or demotion into a position that is
not eligible for holiday compensatory time.
C. Maximum Accruals of Flexible Compensatory Time. Flexible compensatory
time may not be accumulated in excess of two hundred eighty-eight (288) hours.
After two hundred eighty-eight (288) hours are accrued by an employee, the
employee will receive flexible pay at the rate of 1.0 times his/her base rate of
pay. Flexible compensatory time may be taken on those dates and times
determined by mutual agreement of the employee and the Department Head or
designee.
D. Pay Off of Flexible 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, promotion, or demotion into a position that is not
eligible for flexible compensatory time.
E. Employees who elect to receive flexible compensatory time or holida y
compensatory time credit must agree 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.
12.5 Permanent-Intermittent Employees: Permanent-Intermittent employees who
work on a holiday are entitled to receive 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. Increa sed
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
SECTION 13 - VACATION LEAVE
WCE - 35- 2013-2017
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 not be taken
during the first six (6) calendar months of employment (not necessarily synonymous
with probationary status) except where sick leave is exhausted; and none shall be
allowed in excess of actual accrual at the time vacation is taken. Vacation may be taken
in increments of one (1) minute.
13.2 Vacation Accrual Rates. 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
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 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 increa sed
vacation hours on his/her Service Award Date.
Example One:
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 acc ruing
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
SECTION 13 - VACATION LEAVE
WCE - 36- 2013-2017
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.
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
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Date for that employee is the date of the first day of the temporary or provisional
appointment.
13.3 Bridging of Service. Employees who are rehired and have their service bridged
in accordance with the provisions of this MOU shall have their prior service time count
toward longevity accrual.
13.4 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.
13.5 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
13.6 Preference. 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.
13.7 Vacation Leave on Reemployment from a Layoff List. Employees with six (6)
months or more service in a permanent position prior to their layoff, who are employed
from a layoff list, shall be considered as having completed six 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.
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. 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.
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
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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 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: Includes only the spouse, son, stepson, daughter, stepdaughter,
father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-
in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner
of an employee and/or includes any other person for whom the employee is the legal
guardian or conservator, or any person who is claimed as a "dependent" for IRS
reporting purposes by the employee.
Employee: Any person employed by Contra Costa County in an allocated position in
the County service.
Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations
and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or
verified, a brief statement in non-technical terms from the employee regarding inability
to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
a. Temporary Illness or Injury of an Employee . Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
b. Permanent Disability Sick Leave. Permanent disability means the employee
suffers from a disabling physical injury or illness and is thereby prevented from
engaging in any County occupation for which the employee is qualified by reason
of education, training or experience. Sick leave may be used by permanently
disabled employees until all accruals of the employee have been exhausted or
until the employee is retired by the Retirement Board, subject to the following
conditions:
1. An application for retirement due to disability has been filed with the
Retirement Board.
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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 prop erly 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 & 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
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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 add itional
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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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 reasonab le 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/Over time 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 Human Resources Director o r 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.
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14.5 Disability.
A. An employee physically or mentally incapacitated for the perf ormance 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 dis ability
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 belie ve that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employee’s, 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
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 appoin ting authority may
direct the employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Human Resources Director
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, oth er
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 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;
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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 u ntil 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.
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.
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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 o r
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 suspen sion 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.
14.6 Workers' Compensation. A permanent non-safety employee shall receive
eighty-six percent (86%) of regular monthly salary for all accepted claims filed with the
County on or after January 1, 2000. 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%).
A. There is a three calendar day waiting period before Workers' Compensation
benefits commence. If the injured worker loses any time on the day of the injury,
that counts as day one 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 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. Temp orary
compensation is payable on the first three (3) days of disability when the injury
necessitates hospitalization, or when the disability exceeds fourteen (14) days.
A permanent employee shall continue to receive the appropriate percentage as
outlined above during any period of compensable temporary disability not to
exceed one year. Payment of continuing pay and/or temporary disability
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compensation shall be made in accordance with Part 2, Article 3 of the Workers’
Compensation Laws of California. "Compensable temporary disability absence"
for the purpose of this Section, is any absence due to work connected disability
which qualifies for temporary disability compensation as set forth in Part 2, Article
3 of the Workers’ Compensation Laws of California . When any disability
becomes medically permanent and stationary and/or reaches maximum medical
improvement, the salary provided by this Section shall terminate. No charge shall
be made against sick leave or vacation for these salary payments. Sick leave
and vacation rights shall not accrue for those periods during which continuing
pay is received.
Employees shall be entitled to a maximum of one (1) year of continuing pay
benefits for any one injury or illness.
B. 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 e mployee
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.
C. Full Pay Beyond One Year. If an injured employee remains eligible for temporary
disability beyond one year, full 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' Compensa tion 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 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.
SECTION 15 - CATASTROPHIC LEAVE BANK
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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 Coordination of Benefits. 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.
14.8 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid military leave shall accrue any sick leave credits during
the time of such leave nor shall an employee who is absent without pay accrue sick
leave credits during the absence.
14.9 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 feas ibility of implementing a self-
funded and self-administered disability insurance program.
14.10 Sick Leave Coalition. The County agrees to meet and confer with a coalition of
employee organizations, including this council, to revise the County-wide Sick Leave
Policy. Such meet and confer sessions shall take place during the term of this MOU.
14.11 Confidentiality of Information/Records. Any use of employee medical records
will be governed by the Confidentiality of Medical Information Act (Civil Code Sections
56 to 56.26).
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. The 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 o r 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
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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 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 basis.
Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of
sick leave accruals and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must have permanent status, must
have exhausted all time off accruals to a level below eight (8) hours total, have applied
for a medical leave of absence and have medical verification of need.
Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less than four
(4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or
holiday compensatory time accounts. Employees who elect to donate to a specific
individual shall have seventy-five percent (75%) of their donation credited to the
individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank.
Time donated will be converted to a dollar value and the dollar value will be converted
back to sick leave accruals at the recipient’s base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All computations will be on a standard
173.33 basis, except that employees on other than a forty (40) hour week will have
hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty (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)
SECTION 16 – STATE DISABILITY INSURANCE (SDI)
WCE - 48- 2013-2017
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 – STATE DISABILITY INSURANCE (SDI)
16.1 General Provisions. Contra Costa County participates in the State Disability
Insurance (SDI) program, subject to the rules and procedures established by the State
of California. The County augments the SDI program with its SDI Integration Progr am.
Changes to the State Disability Insurance program could affect the County’s SDI
Integration Program. Determination of SDI payments and eligibility to receive payments
is at the sole discretion of the State of California. Employees eligible for SDI ben efits
are required to apply for SDI benefits and to have those benefits integrated with the use
of their sick leave accruals on the following basis:
“Integration” means that employees are required to use their sick leave accruals to
supplement the difference between the amount of the SDI payment and the employee's
base monthly salary to the extent that the total payment does not exceed the
employee’s base monthly salary. Integration of sick leave with the SDI benefit is
automatic and cannot be waived. Integration applies to all SDI benefits paid. For
employees off work, on disability, and receiving SDI, the employee’s County
Department will make appropriate integration adjustments, including retroactive
adjustments, if necessary. Employees must inform t heir Department of a disability in a
timely manner in order for the Department to make appropriate integration adjustments.
SDI benefit payments will be sent directly to the employee by the State of California.
When there are insufficient sick leave accruals available to fully supplement the
difference between the SDI payment and the employee’s base monthly salary, accruals
other than sick leave may be used to supplement the difference between the amount of
the SDI payment and the employee’s base monthly s alary. These accruals may be used
only to the extent that the total payment does 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.
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When employees have 1.2 hours or less of sick leave accruals at the beginning of the
disability integration period, the Department will automatically u se 0.1 hours of sick
leave per month for the duration of their SDI benefit.
When the SDI benefit is exhausted, integration terminates. The employee then may
continue to use sick leave without integration and/or other accruals.
When sick leave accruals are totally exhausted, integration with the SDI benefit
terminates.
Employees whose SDI claims are denied must present a copy of their claim denial to
their Department. The Department will then authorize the use of unused sick leave
and/or other accruals as appropriate.
16.3 Method of Integration. For purposes of integration with the SDI program, all
full-time employees' schedules will be converted to eight (8) hour/five (5) day weekly
work schedules.
The formula for full-time employees' sick leave integration charges is as follows:
L = [(S - D) ÷ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings
[H = S x 3]
W = Weekly SDI Benefit from state of California SDI Weekly Benefit Table
C = Calendar Days in Each Month
D = Estimated Monthly SDI Benefit [D = (W ÷ 7) x C]
L = Sick Leave Hours Charged per Day
Permanent part-time employees, permanent-intermittent employees, and full-time
employees who are working a light/limited duty reduced schedule, will have their sick
leave integration adjusted accordingly.
16.4 Definition. "Base Monthly Salary", for purposes of the SDI integration program,
is defined as the salary amount of the employee's step on the salary schedule of the
employee's classification at the time of integration.
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 app licable state
and federal law.
17.2 General Administration - Leave of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
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WCE - 50- 2013-2017
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 proce dure
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 in 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 on granting or denying leave or early return from leave shall
be subject to appeal to the Human Resources Director and not subjec t to appeal
through the grievance procedure set forth in this MOU.
17.3 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
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(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 13.4 – Accrual During Leave
Without Pay, Section 14.2 – Credits to & Charges Against Sick Leave, Section 14.8 –
Accrual During Leave Without Pay, and Section 17.1 – 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 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 th e 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 gr anted 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
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 ma y 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 promot ional
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
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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 Intermittent Use of Leave. The employee may be asked to provide certification
of the need for family care leave or medical leave. Additiona l period(s) of family care or
medical leave may be granted by the appointing authority.
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.
17.7 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.
17.8 Definitions. For medical and family care leaves of absence under this section,
the following definitions apply:
a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or
a child who is under eighteen (18) years of age for whom an employee stands in
loco parentis or for whom the employee is the guardian or conservator, or an
adult dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent, a step -parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
c. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
d. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom
the employee is not related and with whom the employee resides and shares the
common necessities of life.
e. Serious Health Condition: An illness, injury, impairment, or physical or mental
condition which warrants the participation of a family member to provide care
during a period of treatment or supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or continuing treatment or
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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 th eir 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 conditi on 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.
17.9 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.
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17.10 Group Health Plan Coverage. Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in Section 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.
17.11 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using available sick leave (if so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may be "broken" into segments and
accruals used on a monthly basis at the employee's discretion. After the first
twelve (12) months, the leave period may not be "broken" into segments and
accruals may not be used, except when required by LTD Benefit Coordination or
SDI/Sick Leave Integration 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 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) week
entitlement period on a concurrent leave of absence/LTD claim, the employee
may choose to maintain further pay status only as allowed under subsection A.
herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave.
17.12 Leave of Absence Replacement & 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
SECTION 18 - JURY DUTY AND WITNESS DUTY
WCE - 55- 2013-2017
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, & Reassignment Seniority shall apply.
17.13 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) 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.
17.14 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 lea ve
shall receive salary increments that may accrue to them during the period of military
leave.
17.15 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or c anceled by
the appointing authority, or at the expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
17.16 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall
remain in effect.
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, 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.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
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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 are waived or surrendered. The employee shall furnish the
certificate to his department where it will be retained as a department record. No
"Absence/Overtime Record" is required.
b. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. No court certificate is required but an
"Absence/Overtime Record" must be submitted to the department payroll clerk.
Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their ability
to properly serve as jurors.
An employee on short notice standby to report to court, whose job duties make short
notice response impossible or impractical, shall be given alternate work assignments for
those days to enable them to respond to the court on short notice.
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 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 18.1 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 19 - HEALTH, LIFE & DENTAL CARE
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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 contra cts 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
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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.
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.
SECTION 19 - HEALTH, LIFE & DENTAL CARE
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3. For employees hired on or after January 1, 2010 and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health and/or dental plan after they separate from
County employment. However, any such eligible employee who
retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a
county health or dental plan provided that (i) he or she begins to
receive a monthly retirement allowance from CCCERA within 120
days of separation from County employment and (ii) he or she pays
the full premium cost under the health and/or dental plan without
any County premium subsidy.
B. Employees Who File For Deferred Retirement:
Employees, who resign and file for a deferred retirement and their eligible
family members, may continue in their County group health and/or dental
plan under the following conditions and limitations.
1. Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937
Retirement Act provisions;
b. be an active member of a County group health and/or dental
plan at the time of filing their deferred retirement application
and elect to continue plan benefits;
c. be eligible for a monthly allowance from the Retirement
System and in 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
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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 benefit s 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 empl oyee
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:
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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.
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.
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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 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
SECTION 19 - HEALTH, LIFE & DENTAL CARE
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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 b enefit 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 Sa lary
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 emplo yee
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
A. 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
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employer and employee share) fo r 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.
B. An employee who is on approved leave of absence may convert to
individual health plan coverage within thirty (30) days of the
commencement of leave.
C. 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 Plan Re-Opener. Anytime between April 1, 2015, and January 1, 2016,
the County or the Union may request to reopen only Section 19 - Health, Life & Dental
Care of this Memorandum of Understanding for the limited purpose of meeting and
conferring over possible changes in the design and type of health plans offered by the
County, a three tier premium structure, a wellness program, and health plan cost
sharing.
SECTION 20 - PROBATIONARY PERIOD
20.1 Duration. All appointments from officially promulgated employment lis ts for
original entrance and promotion shall be subject to a probationary period. For original
entrance appointments, the probationary period shall be nine (9) months . For
promotional appointments, the probation period shall be six (6) months .
20.2 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.
20.3 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
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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.
20.4 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,
Council 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 claime d 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.
20.5 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 20.4.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
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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 r ejected 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 Human Resources Director 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.
20.6 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 i n 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.
20.7 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is appointed
from the layoff list and then rejected during the probation period shall be automatically
restored to the layoff list, unless discharged for cause, if the person is within the period
of layoff eligibility. The employee shall begin a new probation period of subsequent ly
certified and appointed in a different department or classification than that from which
the employee was laid off.
SECTION 21 – PROMOTION
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 Exams. If an examination for one of the classes represented by the
Council 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 Council to discuss the reasons for such open
announcement.
SECTION 22 - TRANSFER
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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 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 Human Resources Director.
e. The Council 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 in cluding 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 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 Examinations. 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 Conditions. The following conditions are required in order to qualify for transfer:
SECTION 23 - RESIGNATIONS
WCE - 68- 2013-2017
a. The position shall be in the same class, or if in a different class shall ha ve 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 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 therefor. 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 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;
WCE - 69- 2013-2017
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. Employees working a 4/10 schedule shall have constructively resigned if four (4)
days elapse as provided in "a" above followed by four (4) more days as provided
in "b" above.
d. 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.
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, i t 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, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
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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. A temporary
reduction in pay is not to exceed more than five percent (5%) for a period of three (3)
months. The following are sufficient causes for such action; the list is indicative rather
than inclusive of restrictions and dismissal, suspension, reduction in pay, 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
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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
WCE - 72- 2013-2017
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.
24.4 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
Disciplinary 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 personal ly 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 Human Resources Director
within ten (10) calendar days after service of said order. An employee may not
both appeal to the Merit Board and file a grievance under Section 24 of this
MOU.
24.7 Weingarten Rights. The County recognizes an employee’s right to
representation during an investigatory interview or me eting 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 tem porarily 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
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SECTION 25 - GRIEVANCE PROCEDURE
25.1 Definition and Procedural Steps. A grievance is any dispute which involves
the interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU which specifically provide that the decision of any County official
shall be final, the interpretation or application of those provisions not being subject to
the grievance procedure. The Council may represent the grievant at any sta ge 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 Council may
appeal in writing within ten (10) work days to the Director of Human R esources. 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 uni on. For
grievances involving interpretation of this MOU, the Director of Human Resources or
his/her designee will decide the grievance on its merits and provide the grievant, the
union, and the Department with a written decision within twenty (20) workdays of the
date of the Step 3 Meeting, unless more time is granted by mutual agreement.
For grievances involving appeals from disciplinary action, the Director of Human
Resources or designee will attempt to 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 twenty
(20) workdays of the date of the Step 3 meeting, unless more time is gra nted by mutual
agreement.
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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 Council. 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. 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
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 i nvolving
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 or within twenty (20) work days
of completion of mediation at Step 4 if Step 4 is not waived . 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
SECTION 25 - GRIEVANCE PROCEDURE
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Board member terms are staggered.
b. The County and the participating Union (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
SECTION 25 - GRIEVANCE PROCEDURE
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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 wit hin 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 Council.
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 3 above, the
grievance will be deemed to have been settled and withdrawn.
25.5 Council Notification. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Council, but is not represented by
the Union in the grievance, shall give the Council a copy of the grievance.
25.6 Compensation Complaints. All complaints involving or concerning the payment
of compensation shall be initially filed in writing with the Human Resources Director.
Only complaints which allege that employees are not being compe nsated 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.
SECTION 26 – RETIREMENT CONTRIBUTION
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No adjustment shall be retroactive for more than six (6) months from the date upon
which the complaint was filed.
No change in this MOU or interpretations thereof (except interpretations resulting from
Adjustment Board or arbitration proceedings hereunder) will be recognized unless
agreed to by the County and the Council.
25.7 Strike/Work Stoppage. During the term of this MOU, the Council, 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 privat e or public sector employer
which has been sanctioned and approved by the labor body or union having jurisdiction,
an employee who is in danger of physical harm shall not be required to cross the picket
line, provided the employee advises his or her supervisor as soon as possible, and
provided further that an employee may be required to cross a picket line where the
performance of his or her duties is of an emergency nature and/or failure to perform
such duties might cause or aggravate a danger to public health or safety.
25.8 Merit Board. All grievances of employees in representation units represented by
the Council shall be processed under Section 25 unless the employee elects to apply to
the Merit Board on matters within its jurisdiction.
No action under Steps 3, 4 and 5 of Subsection 25 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 Council. The Council 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 – RETIREMENT CONTRIBUTION
26.1 Contribution. Effective on January 1, 2012, employees are responsible for the
payment of one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra Costa
County Employees’ Retirement Association. Employees are also responsible for the
payment of the employees' contributions to the retirement cost of living program as
determined annually by the Board of Retirement, without the County paying any part of
the employees’ contributions. The County is responsible for one hundred percent
(100%) of the employer’s retirement contributions determined annually by the Board of
Retirement.
SECTION 27 - TRAINING REIMBURSEMENT
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26.2 Retirement Benefit - Employees who become New Members of CCCERA on
or After January 1, 2013.
A. For employees who, under the California Public Employees’ Pension Reform
Act (PEPRA) (Chapters 296, 297, Statutes of 2012) , become New Members of
the Contra Costa County Employees Retirement Association (CCCERA) on or
after January 1, 2013, retirement benefits are governed by PEPRA. To the extent
this Agreement conflicts with any provision of PEPRA, PEPRA will govern.
B. For employees hired by the County on or after July 1, 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
employees who, under PEPRA, become New Members of CCCERA. The Union
must support the legislation, in addition to the County, by calling and sending a
letter (on Union letterhead) in support of the bill to the state legislator sponsoring
the bill, on or before the date specified by the County. In addition, if requested by
the County, the Union must testify in support of the bill before the state legislative
committees considering the bill.
SECTION 27 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall govern reimbursement for training
and shall limit reimbursement for career development training to $750 per fiscal 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 caree r
development education may be reimbursed for up to one hundred percent (100%) of the
employee’s net cost.
SECTION 28 - MILEAGE REIMBURSEMENT
A. 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 Re venue Service, whichever
is later.
B. 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
SECTION 29 - PERSONNEL FILES
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mileage rate for all commute miles driven outside the limits of Co ntra Costa
County that exceed thirty (30) miles round-trip in any one day.
SECTION 29 - 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 con cerning 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 personal history file in their department.
The employee’s union representative, with written authorizatio n 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 reasona ble 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 ho urs,
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.
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 response s to be included as part
of the employee's permanent personnel record.
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 an official personnel
file maintained by the Human Resources Department or in an official person nel file
maintained by their department. 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. 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 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 - PROFESSIONAL DEVELOPMENT
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SECTION 30 - PROFESSIONAL DEVELOPMENT
30.1 Professional Development Reimbursement. Each full-time employee shall be
eligible to claim up to $850.00 for the two (2) year period, starting January 1, 2008. All
eligible employees will be allowed reimbursement under this Section.
Effective January 1, 2014, each full-time employee will be eligible to claim
reimbursement for allowable expenses as defined by this Section of up to $1,000.00 for
each two (2) year period.
Allowable expenses include the following activities and materials directly related to the
profession in which the individual is engaged as a County employee:
a. Membership dues to professional organizations.
b. Registration fees for attendance at professional meetings, conferences, and
seminars.
c. Books, journals, and periodicals.
d. Tuition and textbook reimbursement for accredited college or university classes.
e. Professional license and renewal fees for any engineer with a license or for a ny
professional certification related to the job.
f. Application and examination fees for registration as a professional engineer,
architect, engineer-in-training, Certified Hazardous Materials Manager, and
Certified Safety Professional.
g. Certain job-related instruments, computer software and computer hardware from
a standardized County approved list or with Department Head approval, provided
each Engineer complies with the provisions of the Computer Use and Security
Policy adopted by the Board of Supervisors and manuals.
Exclusions: Items specifically not authorized for purchase with these funds include, but
are not necessarily limited to the following:
a. Health program memberships and physical fitness equipment.
b. Equipment or supplies not specifically required for or directly related to
participation in a professional conference, seminar or workshop.
c. General office supplies.
d. Magazine subscriptions, newspapers, periodicals, or journals or general
circulation such as Time, Newsweek, Press Democrat Newspaper, etc.
e. Time planners or calendar-type books.
SECTION 31 - FLEX-TIME
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30.2 Continuing Education Allowance. Employees in classifications represented by
the Western Council of Engineers shall be eligible to receive a 2.5% Continuing
Education Allowance effective the first of the month following adoption of the
Memorandum of Understanding by the Board of Supervisors. The employee must
annually complete at least sixty (60) hours of approved education or training or at least
three (3) semester units of department approved college credit or approved combination
thereof.
30.3 Professional Examination Time Off. Effective July 1, 1992 employees will be
permitted, one time only during their career with the County, to be granted release time
with pay to participate in any part of the examination for Professional Engineer, Land
Surveyor or Architect.
SECTION 31 - FLEX-TIME
It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to
the Professional Engineers Unit as well as other County employees. Nothing contained
in this MOU prohibits the Department Head from implementing a flex-time system for
employees in the Professional Engineers Unit. The Department Head, prior to
implementation, shall discuss the implementation of any flex-time system involving
employees represented by the Western Council of Engineers with the Council. Then the
department shall determine if said flex-time is feasible following a trial period and then
shall submit the plan to the County Administrator for approval. Upo n written request to
the Labor Relations Manager, Western Council of Engineers may request to meet with
the Department Head for the purpose of proposing an alternate flexible work schedule.
SECTION 32 - BOOK REIMBURSEMENT
The County agrees to reimburse members of the Professional Engineers Unit for the full
cost of books purchased when the books are required for job related training for which
the employee receives full reimbursement of registration fees and/or tuition.
SECTION 33 - SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES
The County shall reimburse employees for safety shoes and prescription safety
eyeglasses in those classifications the County has determined are eligible for such
reimbursement. For each two (2) year period starting January 1, 2006, eligible
employees will be allowed reimbursement for the purchase and repair of safety shoes ,
and the purchase of toes guards, up to a maximum of two hundred and seventy-five
dollars ($275). There is no limitation on the number of shoes or toe guards, or number
of repairs allowed.
The County will reimburse eligible employees for up to one (1) pair per year of
prescription safety eyeglasses which are approved by the County and are obtained from
such establishment as required by the County.
SECTION 34 - SERVICE AWARDS
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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 34 - 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:
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 35 - 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.
SECTION 36 - PERSONAL PROPERTY REIMBURSEMENT
WCE - 83- 2013-2017
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 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.
Procedures and definitions relative to reimbursement for meal expenses shall be in
accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 36 - 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 37 - LENGTH OF SERVICE DEFINITION
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SECTION 37 - LENGTH OF SERVICE DEFINITION
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 Human Resources Director shall determine these matters based on the
employee status records in his department.
SECTION 38 - 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 39 - PERMANENT-INTERMITTENT EMPLOYEE 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 C. 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 C, then the special pay or benefit does not apply to
permanent-intermittent employees.
SECTION 40 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN
40.1 A permanent-intermittent employee represented by Western Council of
Engineers may participate in the County Group Health Plan of combined medical, dental
and life insurance coverage wholly at the employee's expense. The County will not
contribute to the employee's monthly premium. The employee will be responsible for
paying the monthly premium appropriately and punctually. Failure to meet the premium
deadline will mean automatic and immediate withdrawal from the County Group He alth
Plan and reinstatement may only be effectuated during the annual open enrollment
period.
40.2 The following benefit program shall be offered to permanent-intermittent
employees:
SECTION 40 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH
PLAN
WCE - 85- 2013-2017
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.
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 39.2b 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 for a county group health program 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. 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. 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.
SECTION 41 - PROVISIONAL EMPLOYEE BENEFITS
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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 40.2 shall prevent an employee from electing health coverage under
either Section 40.1 or Section 40.2.
SECTION 41 - 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. The
County will not contribute to the employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately and punctually. F ailure 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 - REGISTRATION DIFFERENTIAL
The County shall pay a 2.5% differential for the following classifications that possess a
license as a professional engineer:
Public Works: Engineer – Entry Level & Engineer – Journey Level
Health Services: Accidental Release Prevention (ARP) Engineer and Accidental
Release Prevention (ARP) Engineer – Entry
SECTION 43 - MALPRACTICE COVERAGE
The County's obligation to defend and indemnify its employees is prescribed by
California Government Code Sections 825 et seq. and 995 et seq. This Section shall be
enforceable only at law in accordance with the applicable law, but shall not be subject to
the grievance provisions of this MOU.
SECTION 44 - DEPENDENT CARE SALARY CONTRIBUTION
Subject to the applicable provisions of the Internal Revenue Service, employees may
contribute up to five thousand dollars ($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.
SECTION 45 - SPECIAL STUDIES
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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 45 - SPECIAL STUDIES
45.1 Attendance Program. There shall be convened a Labor-Management
Committee to develop an attendance program for County employees.
45.2 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.
45.3 Wellness Incentive Program. A broad-based pilot Wellness Incentive Program
will be developed with input from the joint Labor/Management Wellness Committee. The
purpose of this program will be to reward County employees with incentives for
participating in Wellness Program activities and encourage them to live healthier
lifestyles. The Wellness Committee will work closely with the Human Resources
Department on program design and implementation.
Program Design. The Wellness Incentive Program design will include the
development of additional wellness activities to compliment the 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.
45.4 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 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.
WCE - 88- 2013-2017
45.5 Ergonomic Evaluation. A member of the Risk Management staff is available to
assess work stations at the employee’s request. Both the employer and the employee
agree to follow recommendations made by Risk Management or other professionals
who assess the work station in accordance with Administrative Bulletin 426.
45.6 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 46 - 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 47 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
47.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU
fully and completely incorporates the understandi ng 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.
47.2 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.
47.3 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.
47.4 Duration of Agreement. This Agreement will continue in full force and effect
from July 1, 2013 to and including June 30, 2017. Said Agreement shall automatically
SECTION 48 - UNFAIR LABOR PRACTICE
WCE - 89- 2013-2017
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 48 - UNFAIR LABOR PRACTICE
Either the County or the Council may file an unfair labor practice as defined in Chapter
34-22 of Board 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.
DATE: _______________________
Contra Costa County: Western Council of Engineers:
(Signature / Printed Name) (Signature / Printed Name)
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2013-2017 MOU
WESTERN COUNCIL OF ENGINEERS
ATTACHMENTS
A. CLASS AND SALARY LISTING
B. MEDICAL/DENTAL/LIFE INSURANCE
C. PERMANENT INTERMITTENT SPECIAL PAYS AND BENEFITS
D. PROJECT POSITIONS
E. RETURN TO WORK POLICY
WESTERN COUNCIL OF ENGINEERS
CLASS AND SALARY LISTING
Effective 7/1/2014
Attachment A
Job Code Class Title
Flex Staff (F) /
Deep Class (D)From To
V4SF ARP ENGINEER F 7,089.90$ 8,617.82$
VLWB ARP‐ENGINEER‐ENTRY LEVEL F 5,668.36$ 6,889.93$
NKXC ENGINEER‐ENTRY LEVEL F, D Res # 99/130 5,279.65$ 6,275.84$
NKXD ENGINEER‐JOURNEY LEVEL F, D Res # 99/130 5,829.16$ 7,648.36$
NKXE ENGINEER‐PROJECT F, D Res # 99/130 7,262.20$ 8,421.93$
Salary Range
Western Council of Engineers 1 of 1 2013‐2017 MOU
ATTACHMENT B
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
Western Council of Engineers 2013-2017 MOU
Special Pays for Permanent-Intermittent Employees
All Employees
Type of Pay (Pay Code) MOU Section
Jury Duty-Scheduled Work Day
(JRY)
Sec. 18
Military Leave (MLX) Sec. 17.4
County Overtime (OPT) Sec. 7.1
FLSA Overtime (OTF) None
Sick Leave Hours Taken (SCK,
SCK-2BS, SCK-2FS, SCK-2RS,
SCK-CAT, SCK-FML)
Sec. 39
Vacation Hours Taken (VAC,
VAC-1, VAC-FML)
Sec. 39
Shift Pay 5% (SH2) Sec. 10
ATTACHMENT D
Western Council of Engineers 1 2013-2017 MOU
PROJECT POSITIONS
The Western Council of Engineers and the County have met and conferred in
good faith regarding wages, hours and other terms and conditions of employment
for employees in project classes which except for the project designation would
be represented by Western Council of Engineers. For example, Assistant
Architectural Engineer is represented by Western Council of Engineers, therefore,
it has been agreed that Assistant Architectural Engineer‐Project will also be
represented by Western Council of Engineers.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Western Council of Engineers, shall be assigned
to bargaining units in accordance with the provisions of Section 34‐12 of Board
Resolution 81/1165.
The Council and the County understand that the meet and confer process with
respect to the conditions of employment for project classifications is unique and
therefore differs from other regular classes represented by Western Council of
Engineers in the following respects:
1. Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without
regard to the provisions of this Memorandum of Understanding, without
right of appeal or hearing or recourse to the grievance procedure specified
herein; and
3. any provisions of this Memorandum of Understanding which pertains to
layoff or seniority are not applicable to project employees.