HomeMy WebLinkAboutMINUTES - 02281989 - 1.54 THE BOARD .OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 28, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson.
NOES: None . I
ABSENT: Supervisor Schroder.
ABSTAIN: None. I
SUBJECT: )
1989 COMPENSATION FOR EMPLOYEES )
IN UNITS REPRESENTED BY UNITED ) 89/108
PROFESSIONAL FIRE FIGHTERS, I .A.F.F. )
LOCA1 1230 )
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On February 28, 1989 the Employee Relations Officer submitted the
Memorandum of Understanding dated February 28, 1989, entered into with
United Professional Fire Fighters, I .A.F.F. , Local 1230, and the
following unit represented by the Union:
Fire Suppression & Prevention Unit
2. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
3. Salaries and Terms and Conditions of Employment, United Professional
Fire Fighters, I .A.F.F. , Local 1230. The Memorandum of Understanding
with United Professional Fire Fighters, I.A.F.F. , Local 1230, is
attached hereto, marked Exhibit C; and Section Numbers 1 through 34
inclusive and Exhibits A and B are incorporated herein as if set forth
in full and made applicable to the employees and in the above named
units and Section 5.1 is made applicable to eligible retirees.
4. If an Ordinances) is required to implement any of the foregoing provi-
sions, the Board of Supervisors shall enact said Ordinance(s).
THIS RESOLUTION is effective as of January 1 , 1989.
1 hereby certify that th;s is a true and correct capy of
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an actio 412ken asst' entered on the minutes of the
Board of S<zpervisoss on the date shown.
ATTESTED:
FEB 2 8 19$g
PHIL EA 7 C.'4L"_'L" 2, Clerk of U e Board
of Supervisors and County Administrator
Orig: Personnel Department By , t}epury
County Administrator
County Counsel
Auditor-Controller
County Fire Chiefs
United Professional Fire Fighters, I .A.F.F. Local 1230/via Personnel
I .E.D.A./via Personnel
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RESOLUTION NO. 89/108
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICTS
AND
UNITED PROFESSIONAL FIRE FIGHTERS, I.A.F.F. , LOCAL 1230
JANUARY 1 , 1989 - DECEMBER 31 , 1992
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICTS
AND
UNITED PROFESSIONAL FIRE FIGHTERS, I.A.F.F., LOCAL 1230
This Memorandum of Understanding is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared
by the parties.
The Employee Relations Officer (County Administrator) is the representative of
the Contra Costa County Board of Supervisors in its capacity as ex-officio
Governing Board of the Contra Costa County, Moraga, Orinda, Riverview and West
County Fire Protection Districts as provided in Board Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in the Fire Suppression and
Prevention Unit and have freely exchanged information, opinions and proposals
and have endeavored to reach agreement on matters relating to the employment
conditions and employer-employee relations covering such employees.
For the purposes of this Memorandum of Understanding, any Fire District directives
on the subject of shift activities, morning change of shift assembly, sick leave
policy, on-the-job-injury or illness, reimbursement of sick leave accruals due
to on-the-job injury or illness, vacation policy, address and telephone numbers,
tardiness, trades, witness duty, jury duty, civil subpoenas, commendations and
recommendations, personal appearance, vehicle safety equipment, mileage
reimbursement, vacation service credit provisions of the service award program,
smoking policy, uniform regulations, overtime recall and time off to vote, in
effect as' -of January 1, 1984, are incorporated by reference to this Memorandum
of Understanding and are made a part hereof as if fully set forth herein.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors in its capacity as ex-officio Governing Board of the Contra
Costa County, Moraga, Orinda, Riverview and West County Fire Protection
Districts as the joint recommendation of the undersigned for .salary and employee
benefit adjustments for the period beginning January 1, 1989 and ending
December 31, 1992.
In the event provisions of this Memorandum of Understanding contradict any
resolution, administrative bulletin or personnel rules of the County or District,
the terms of this Memorandum of Understanding shall prevail .
DEFINITIONS:
A. "Appointing Authority" means Fire Chief unless otherwise provided by
statute or ordinance.
B. "Class" means a group of positions sufficiently similar with respect to
the duties and responsibilities that similar selection procedures and
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qualifications may apply and that the same descriptive title may be
used to designate each position allocated to the group.
C. "Class Title" means the designation given to a class, to each position
allocated ocate7c to the class, and to the employees allocated to the class.
D. "County" means Contra Costa County.
E. "Demotion" !means 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 Memorandum of Understanding or in the Personnel Management
Regulations.
F. "District 's " means Contra Costa County, Moraga, Orinda, Riverview,
esl�t County Fire Protection Districts.
G. "Director of Personnel" means the person designated by the County
dministrator to serve as the Assistant County Administrator-Director
of Personnel .
H. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
I. "Employee" means a person who is an incumbent of a position or who is
on leave of absence in accordance with provisions of this Memorandum of
Understanding and whose position is held pending the employee's return.
J. "Employment List" means a list of persons, who have been found
qualified for employment in a specific class.
K. "Layoff List" means a list of persons who have occupied positions allo-
ted to a class in the Merit System and who have been involuntarily
separated by layoff or displacement or have voluntarily demoted in lieu
of layoff.
L. "Merit System" means the Contra Costa County Merit System.
M. "Permanent-Intermittent Position" means any position which requires the
services of an incumbent for an indefinite period but on an irregularly
scheduled, less than full-time basis.
N. "Permanent Part-Time Position" means any position which Will require
the services of an incumbent for an indefinite period but on a regu-
larly scheduled, less than full-time basis.
0. "Personnel" means the same as employee.
P. "Permanent Position" means any position which has required, or which
will require the services of an incumbent without interruption, for an
indefinite period.
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Q. "Project Employee" means 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 District revenues.
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R. "Promotion" means the change of a permanent employee to another posi-
tion in a class allocated to a salary range for which the top step is
higher than the top step of the class which the employee formerly
occupied, except as provided for under "Transfer" or as otherwise pro-
vided for ;in this Memorandum of Understanding or in the Personnel
Management Regulations.
S. "Position" !means the assigned duties and responsibilities calling for
the regular full-time, part-time or intermittent employment of a per-
son.
T. "Reallocation" means the act of reassigning an individual position from
one class to another class at the same range of the salary schedule or
to a class, which is allocated to another range that is within five (5)
percent of the top step, except as otherwise provided for in the
Personnel Management Regulations or other ordinances.
U. "Reclassification" means the act of changing the allocation of a posi-
tion 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 respon-
sibility of duties performed in such position.
Y. "Reemployment List" means a list of persons, who have occupied posi-
tions allocated to any class in the merit system and, who have volun-
tarily separated and are qualified for consideration for reappointment
under the Personnel Management Regulations governing reemployment.
W. "Resignation" means the voluntary termination of permanent employment
wit'th the District.
X. "T=emporary Employment" means any employment which will require the ser-
vices of an incumbent for a limited period of time, paid on an hourly
basis, not in an allocated position or in permanent status.
Y. "Transfer" means the change of an employee who has permanent status in
a position to another position in the same class in a different depart-
ment, or to another position in a class which is allocated to a range
on the salary plan that is within five (5) percent at top step as the
class previously occupied by the employee.
Z. "Union" means International Association of Fire Fighters, Local 1230,
A.F.L.- .1.0.
SECTION 1 - RECOGNITION
1.1 Union Recognition. The Union is the formally recognized employee organiza-
tion for the Fire Suppression and Prevention Unit and such organization has been
certified as such pursuant to Resolution #81/1165 Chapter 34-12.
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SECTION,2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Resolution 81/1165 Chapter 34-26 only a
majority representative may have dues deduction and as. such the union has the
exclusive privilege of dues deduction for all members in its unit.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Union unless such authorization is cancelled in writing by
the employee in accordance with the provisions set forth in Section 2.4. The
dues deduction shall be for a specified amount and uniform between members of
the Union. The Union shall indemnify, defend, and hold the District(s) harmless
against any claims made and against any suit instituted against the District(s)
on account of dues deduction. The Union shall refund to the District(s) any
amounts paid to it in error upon the presentation of supporting evidence.
2.2 Employees hired in classifications assigned to the unit represented by the
Union shall , as a condition of employment at the time of employment, complete a
union dues authorization card provided by the Union and shall have deducted from
their paychecks the membership dues of the Union. Said employees shall have
thirty (30) days from the date of hire to decide if they do not want to become a
member of the Union'.
Such decision not to become a member of the Union must be made in writing to the
Auditor-Controller with a copy to the Employee Relations Division within said
thirty (30) day period. If the employee decides not to become a member of the
Union, any union dues previously deducted from the employee's paycheck shall be
returned to the employee and said amount shall be deducted from the next dues
deduction check sent to the Union. If the employee does not notify the County in
writing of the decision not to become a member within the thirty (30) day
period, the employee shall be deemed to have voluntarily agreed to pay the dues
of the Union. Each such dues authorization form referenced above shall include
a statement that the Union and the District have entered into a Memorandum of
Understanding, 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 30 days of employment upon proper written notice by the
employee within said 30 day period as set forth above. Each such employee
shall , upon written completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of the employee's right
to revoke said authorization.
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2.3 Maintenance of Membership. All employees in units represented by the Union
who are currently paying dues to the Union and all employees in such units who
hereafter become members of the Union shall , as a condition of continued
employment, pay dues to the Union for the duration of this Memorandum of
Understanding and each year thereafter so long as the Union continues to repre-
sent the position to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department
in writing, between June 1 to June 30 of any year, any employee may withdraw
from Union membership and discontinue paying dues as of the payroll period com-
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mencing June 1st, and reflected in the July 10th paycheck. Immediately upon the
close of the above-mentioned thirty (30) day period, the Auditor-Controller
shall submit to the Union a list of the employees who have rescinded their
authorization for dues deduction.
2.5 Communicating With Employees. The Union shall be allowed to use designated
portions of bulletin boards or display areas in public portions of District(s)
buildings or in public portions of offices in which there are employees repre-
sented by the Union, provided the communications displayed have to do with offi-
cial organization business such as times and places •of meetings and further pro-
vided that the Union appropriately posts and removes the information. The Fire
Chief(s) reserve the right to remove objectionable materials.
Representatives of the Union, not on District(s) time, shall be permitted to
place a supply of employee literature at specific locations in District(s)
buildings if arranged through the Employee Relations Officer; said representatives
may distribute employee organization literature in areas designated by the Fire
Chief(s) if the nature of the literature and the proposed method of distribution
are compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on-duty employees.
The Union shall be allowed access to work locations in which it represents
employees for the following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact a union
officer on ,a matter within the scope or 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 Fire Chief(s) or
designee(s) and the visit will not interfere with the District(s) services.
2.6 Use of District Buildings. The Union shall be allowed the use of areas nor-
mally used for meeting purposes for meetings of District(s) employees during
non-work hours when:
A. such space is available and its use by the Union is scheduled twenty-
four (24) hours in advance;
B. there is no additional cost to the District(s) ; .
C. it does not interfere with normal District operations;
D. employees in attendance are not on duty and are not scheduled for duty;
E. the meetings are on matters within the scope or representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Union shall maintain proper order at the meeting,
and see that the space is left in a clean and orderly condition. The use of
District(s) 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.
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2.7 Advance Notice. The Union shall , except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope or representation proposed to be
adopted by .the Board, or boards and commissions designated by the Board, and to
meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal
at least seventy-two (72) hours before the item will be heard, or the delivery
of a copy of the proposal at least twenty-four (24) hours before the item will
be heard, shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated by
the Board determines it must act immediately without such notice or meeting it
shall give notice and opportunity to meet as soon as practical after its action.
2.8 List of Employees with Dues Deduction. The District(s) shall provide the
Union with a monthly list of employees who are paying dues to the Union and a
monthly list of employees who are paying health and welfare deductions to the
Union.
2.9 Assignment of .Classes to Bargaining Units. The Employee Relations Officer
shall assign new classes in accordance with the following procedure:
A. Initial Determination: When a new class title is established, the Employee
Relations Officer shall review the composition of existing representation
units to determine the appropriateness of including some or all of the
employees in the new class in one or more existing representation units, and
within a reasonable period of time shall notify all recognized employee
organizations of the determination.
B. Final Determination: The Employee Relations Officer's determination is
anal unless within ten days after notification a recognized employee orga-
nization requests in writing to meet and confer thereon.
C. Meet and Confer and other Steps: The Employee Relations Officer shall meet
and confer with such. requesting organizations (and with other recognized
employee organizations where appropriate) to seek agreement on this matter
within sixty days after the ten-day period in subsection (B), unless other-
wise mutually agreed. Thereafter, the procedures in cases of agreement and
disagreement, arbitration referral and expenses, and criteria for deter-
mination shall conform to those in subsections (d) through (i ) of Section
34-12.008 of Resolution 81/1165.
2.10 Written Statement for New Employees. The District(s) will provide a writ-
ten statement to each new employee hired into a classification in any of the
bargaining units represented by the Union, that the employee's classification is
represented by the Union and the name of a representative of the Union. The
County will provide the employee with a packet of information which has been
supplied by the Union and approved by the County.
2.11 Modification & Decertification. For the duration of this Memorandum of
Understanding, the following shall apply:
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Resolution 81/1165 Section 34-12.008 - Unit Determination (a) shall be modified
in the first paragraph to delete the ten percent requirement for an employee
organization intervening in the unit determination process and substitute therefore
a thirty percent requirement.
Resolution 81/1165 Section 34-12.012 - Election Procedure (b) shall be modified
in the first paragraph to delete the ten percent requirement for any recognized
employee organization(s) to appear on the ballot and substitute therefore a
thirty percent requirement.
Resolution 81/1165 Section 34-12.016 Modification of Representation Units shall
be modified in the first sentence by adding words to the effect of "most recent"
to the date of determination. This section shall be modified in the second
sentence to require that petitions for modification of a representation unit be
filed during a period of not more than one hundred and and fifty days nor less
than one hundred and twenty days prior to the expiration of the Memorandum of
Understanding in effect. The last sentence of this section shall be modified so
that modification of a representation unit shall not negate the term of an
existing Memorandum of Understanding between the District(s) and the recognized
employee organization of the unit prior to the modification proceedings.
Resolution 81/1165 Section 34-12.018 Decertification Procedure shall be modified
in the first sentence by adding words to the effect of "most recent" to the date
of formal recognition and by requiring the petition be submitted during a period
of not more than one hundred and fifty days nor less than one hundred and twenty
days prior to the expiration of the Memorandum of Understanding in effect.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
sex, sexual orientation or union activities against any employee or applicant
for employment by the District(s) or by anyone employed by the District(s) ; 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
handicapped person solely because of such handicap unless that handicap prevents
the person from meeting the minimum standards established for that position or
from carrying out the duties of the position safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official representatives
of the Union shall be allowed to attend meetings held by County/District(s)
agencies during regular working hours on District(s) time as follows:
A. if their attendance is required by the District(s) or County at a spe-
cific meeting;
B. if their attendance is sought by a hearing body for presentation of
testimony or other reasons;
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D. if they are designated as an official representative, in which case
they may utilize a reasonable time at each level of the proceedings to
assist an employee to present a grievance;
E. if they are designated as spokesperson or . representative of the Union
and as such make representations or presentations at meetings or
hearings on wages, salaries and working conditions; provided in each
case advance arrangements for time away from the employee's work sta-
tion or assignment are made with the appropriate Fire Chief(s) and the
District(s) or County agency calling the meeting is responsible for
determining' that the attendance of the particular employee(s) is
required;
F. if their attendance does not conflict with Fire District(s) emergency
operations!
4.2 Union Representative. Official representatives of the Union shall be
allowed time off on District(s) time for meetings during regular working hours
when formally meeting and conferring in good faith or consulting with the
Employee Relations Officer or other management representatives on matters within
the scope of representation, and that advance arrangements for the time away
from the work station or assignment are made with the appropriate Fire Chief(s)
and their attendance does not conflict with Fire District(s) emergency operations.
SECTION 5 SALARIES
5.1 General Wage Increases
A. Effective January 1, 1989, each represented classification shall
receive a general wage increase of forty-three (43) levels on the
County Salary Schedule.
1. In lieu of a retroactive pay requiring special payroll recom-
putation processing for the month of January 1989, the County will
make a "lump sum" payment to each employee for the month of
January 1989 as follows:
January base pay (minus AWOP) plus regular overtime, FLSA over-
time, holiday pay and any other differential payments ordinarily
computed as a percentage of base pay, times (x) four and four-
tenths percent (4.4%) plus $8.00 (for Basic Life Support
Differential and uniform increase).
2. The lump sum payment will be added to the employee's pay warrants
on or before April 10, 1989, and is subject to normal tax with-
holding and retirement deduction requirements.
B. Effective January 1, 1990, January 1, 1991, and January 1, 1992, each
represented classification shall receive a general wage increase of
that number of levels on the County Salary Schedule closest to the per-
centages generated in the following manner:
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1. During the Fall of 1989, 1990 and 1991, the County and the Union
shall jointly survey the same eighteen (18) San Francisco-Bay Area
Fire Districts and Departments (hereinafter "jurisdictions") which
the County and the Union surveyed in the Fall of 1988. The survey
shall be completed no later than January 10 of each year, and
shall reflect data available at that time. The number and iden-
tity of the jurisdictions surveyed may be changed by mutual
agreement. The salary survey generated from the data received
from said jurisdictions shall be displayed in a chart listing each
jurisdiction by name, Base Salary (top step firefighter), Holiday
Pay, Differential Pay, Uniform Allowance, and the total of such
pay categories (hereinafter "Pay Subtotal") for each jurisdiction.
The surveyed jurisdictions shall be ranked according to the Pay
Subtotals for each jurisdiction. The County and the Union shall
thereafter determine the average Pay Subtotal for the ten (10)
highest ranking jurisdictions (hereinafter "Average of the Top
Ten") and shall also determine the percentage difference between
the Average of the Top Ten and the Contra Costa County Fire
Protection Districts, using the same pay categories and resultant
Pay Subtotal . Such percentage shall hereinafter be known as the
Percentage Difference with the Top Ten".
2. The preliminary determination of the general wage increase shall
be the percentage increase (decrease) in the Consumer Price Index
for Urban Wage Earners and Clerical Workers, revised, San
Francisco-Bay Area, all items, (1982-84 = 100) for the period
December 1988 through December 1989, December 1989 through
December 1990, and December 1990 through December 1991, respec-
tively (hereinafter "CPI-W"). The final determination of the
general wage increase shall be the amount of the increase
(decrease) in the CPI-W (rounded to the nearest tenth of a
percent), plus that percentage amount in excess thereof which
equals the percentage difference with the Top Ten (or minus that
percentage amount less than the average with the Top Ten, in the
event the average of the Top Ten should be less than the CPI-W),
provided, however, that the final determination of the general
wage increase determined by the foregoing process shall not exceed
the percentage increase (decrease) in the CPI-W plus two percent
(2%) and shall not be less than the percentage increase (decrease)
in the CPI-W minus two percent (2%) .
C. Effective January 1, 1990, January 1, 1991 and January 1, 1992, each
represented classification shall receive an Equity wage increase of
twenty (20) levels on the County Salary Schedule, in addition to the
increase generated by the process outlined in 5.1B hereinabove.
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. Anniversary dates will be set as follows:
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A. New Em to ees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the employee suc-
cessfully 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 months service.
B. Promotions. The anniversary date of a promoted employee is determined
Ts for a new employee in Subsection 5.3A above.
C. Transfer, Reallocation and Reclassification. The anniversary date of
an employee who is transferred to another position or . one whose posi-
tion has been reallocated or reclassified to a class allocated to the
same salary, range or to a salary range which is within five (5) percent
of the top ;step of the previous classification, remains unchanged.
D. Reemploymenits. 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 success-
fully completes the required probationary period.
E. Notwithstanding other provisions of this Section 5, the anniversary of
an employee who is appointed to a classified position from outside the
County's merit system at a rate above the minimum salary for the
employee's new class, or who is transferred from another governmental
entity to this County's merit system, is one (1) year from the first
day of the calendar month after the calendar month when the employee
was appointed or transferred; provided however, when the appointment or
transfer is effective on the employee's first regularly scheduled work
day of that month, his/her anniversary 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 5.4 to deter-
mine 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. In case an appointing authority recommends
denial of the within range increment on some particular anniversary date, but
recommends a special salary review, 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 District(s).. If the District(s) verifies in writing that an administrative
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or clerical error was made in failing to submit the documents needed to advance
an employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the month when eligible. • .
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours per week in the employee's part-time work schedule bears
to the number of hourIs in the full-time work schedule of the District(s).
5.6. Compensation for Portion of Month. Any employee who works less than any
full calendar month, ! except when on earned vacation, authorized sick leave, or
other authorized paid leave shall receive as compensation for services an amount
which is in the sameiratio 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 ReclaIsification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the
basic salary schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as the employee
received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated
to a lower range of the basic salary schedule shall continue to receive the
same salary as before the reclassification, but if such salary is greater than
the maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to a 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 and Salary on Reallocation
A. In a general salary increase or decrease,. an employee in a class which
is reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall
be compensated at the same step in the new salary range the employee
was receiving in the range to which the class was previously allocated.
If the reallocation is from one salary range with more steps to a range
with fewer steps or vice versa, the employee shall be compensated at
the step on the new range which is in the same percentage ratio to the
top step of the new range as was the salary received before reallocated
to the top step of the old range, but in no case shall any employee be
compensated at less than the first step of the range to which the class
is allocated.
B. In the event that a classification is reallocated from a salary range
with more steps to a salary range with fewer steps on the salary sche-
11
dule, apart from the general salary increase or decrease described in
5.8 A above, each incumbent of a position in the reallocated class
shall be placed upon the step of the new range which equals the rate of
pay received before the reallocation. In the event that the steps in
the new range do not contain the same rates as the old range 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.
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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 incum-
bent shall qe placed at the step in the new class which equals the rate
of pay received before reallocation. In the event that the steps in
the range for the new class do not contain the same rates as the range
for the old class, the incumbent shall be placed at the step of the new
range which! is next above the salary rate received in the old range; or
if the new range does not contain a higher step, the incumbent shall be
placed at the step which is next lower than the salary received in the
old range.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.12 shall receive the salary in the new salary range
which is next higher than the rate received before the promotion.
In the event this increase is less than five percent (5%), the employee's salary
shall be adjusted to the step in the new range which is at least five percent
(5%) greater than the next higher step; provided however that the next step
shall not exceed the maximum salary for the higher class.
In the event of the promotion 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
greater than the next higher step, if the new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12, shall have their salary reduced to the' monthly
salary step in the range for the class of position to which the employee has
been demoted next lower than the salary received before demotion. In the event
this decrease is Tess than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is five percent (5%) less than the
next lower step; provided, however, that the next step shall not be less than
the minimum salary of 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 the employee
would have achieved had the employee been continuously in the position to which
the employee had been demoted, all within-range increments having been granted.
12
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class
from which the employee demotes, the employee's salary shall remain the same if
the steps in the employee's new (demoted) salary range permit, and if not, the
new salary shall be set at the step next below former salary.
5.12 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the
event that the. steps in the range for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the old range.
5.13 Acting Pay iDifferential . In lieu of "Pay for Work in Higher
Classification", all represented classes shall receive an Acting Pay
Differential of 2% of base pay effective February 1, 1989.
I
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary
due to 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 a warrant upon the Treasury in favor
of such employee. '
The advance shall be in an amount equal to one-third (1/3) or less at the option
of the employee, of the employee's basic salary of the previous month except
that it shall not 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, i
Each election shall become effective on the first day of the month following the
deadline for filingthe notice and shall remain effective until revoked.
In the case of an lel ecti on made pursuant to this Section 5.14 all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
5.15 Pay Warrants;. Employee pay warrants shall be delivered to a work place
designated by the District(s) by 8:00 a.m. on the 10th and 25th of each month.
Should the 10th or ,25th of the month fall on Saturday, Sunday, or a holiday, pay
warrants will be delivered by 8:00 a.m. on the preceding County workday.
5.16 Pa Warrant Errors. If an employee receives a pay warrant which has an
error ;n t e 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
13
I
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of the Auditor-Controller's Department that the error will be corrected and a
new warrant issued within 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 - OVERTIME
6.1 Overtime. Overtime is authorized time worked outside the normal work sche-
dule. Overtime shall be compensated for at the rate of one and one-half (12)
times the employee's) base rate of pay (not including shift and other special
differentials) .
Overtime for permanent employees is earned and credited in' a minimum of one-half
hour increments.
6.2 Overtime Recall List. Each district(s) and the Union have agreed on a
recall list which shall be used for overtime work. The agreed upon list shall
not apply to emergency overtime, nor shall it apply when employees are recalled
to perform specialized duty assignments.
SECTION 7 - CALL BACK
Employees called back for work performed outside their regular work schedule
shall be compensated at the rate of one and one-half (12) times their regular
hourly rate for time actually worked with a minimum of two (2) hours pay. This
two (2) hours minimum does not apply when an employee is called back and reports
to work less than two (2) hours before the beginning of the .employee's regular
shift.
SECTION 8 - UNION NOTIFICATION
When it appears to the Fire Chief(s) and/or Employee Relations Officer that the
Board of Supervisors may take action which will result in the layoff of
employees in a unit represented by the Union, the Employee Relations Officer
shall notify the Union of the possibility of such layoffs and shall meet and
confer with it regarding the implementation of the action.
The District(s) agrees to give employees fourteen (14) calendar days notice of
layoff except in case of emergency.
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SECTION 9 - HOLIDAYS
9.1 The District(s) will observe the following holidays: . ,
A. January 1st, known as New Years Day
Third Monday in January, known as Dr. Martin Luther King Jr. Day
.Third Monday in February, known as Presidents Day
February 12th, known as Lincoln's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday !in September, known as Labor Day
September 9th, known as Admission Day
Second Monday in October, known as Columbus Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate
as holidays.;
B. Shift employees (56 hours per week) shall continue to receive twelve
(12) hours of overtime credit for each holiday listed in Section (A)
above..
C For forty (40) hour employees effective May 1, 1982, Lincoln's Day,
Admission Day, and Columbus Day shall be deleted as holidays and each
employee shall be allowed to either (1) schedule a personal holiday on
any of the above three deleted holidays, or (2) accrue eight (8) hours
of personal ) holiday credit when Lincoln's Day, Admission Day, and
Columbus Day occur. Such personal holiday time may be taken in incre-
ments of one (1) hour, and preference of personal holidays shall be
given to employees according to their seniority in their district as
reasonably as possible. No employee may accrue more than thirty-two
(32) hours of personal holiday credit. On separation from District
service, an employee shall be paid for any unused personal holiday cre-
dits at the employee's then current pay rate.
9.2 If any holiday listed in section 9.1 (A) falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed in section 9.1 (A)
falls on a Sunday, it, shall be celebrated on the following Monday.
9.3 Permanent Part-Time Employees shall receive holiday credit in the same
ratio to the holiday credit given full-time employees as the number of hours per
week in the part-time employee's schedule bears to the number of hours in the
regular full-time schedule, regardless of whether the holiday falls on the part-
time employee's regular work day.
15
SECTION 10 - VACATION LEAVE
The rates at which employees accrue vacation credits and the maximum accumulations
thereof are as follows:
40 Hour Employees
Monthly Maximum
Accrual Cumulative
Length of Service ; Hours Hours
Under 15 years of completed service 10 240
Beginning with 16 thru 20 years completed service 13 1/3 320
Beginning with 21 thru 25 years completed service 16 2/3 400
Beginning with 26 thru 30 years completed service 20 480
Beginning with 31 years service 23 1/3 792
i
56 Hour Shift Employees
Under 15 years of completed service 14 336
Beginning with 16 thru 20 years completed service 19 456
Beginning with 21 thru 25 years completed service 23 552
Beginning with 26 thru 30 years completed service 28 672
Beginning with 31 years service 33 792
SECTION 11 - SICK LEAVE
11.1 Twenty-four (24) hour shift personnel shall accrue sick leave at the rate
of twelve (12) hours per month.
Employees who work a forty (40) hour week shall accrue sick leave at the rate of
eight (8) hours per month.
11.2 Permanent Disability Sick Leave. Permanent disability means an employee
suffers from a disabling physical injury or illness and is thereby prevented
from engaging in any District(s) occupation for which the employee is qualified
by reason of education, training or experience. Sick leave may be used by per-
manently 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:
A. an application for retirement for disability has been filed with the
Retirement Board;
B. satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave
for permanent disability;
16
C, the appointing authority may review medical evidence and order further
examinations 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 when the above
conditions have not been met.
The District(s) shall implement the above provision by revision and updating of
the appropriate District(s) Administrative Bulletins.
11.3, Sick Leave Utilization for Pregnancy Disability. Every female employee
shall be entitled to at least four months leave of absence on account of
pregnancy disability and to use available sick leave or vacation pay entitle-
ments during such leave.
A. 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. The District(s)
retains the right to a medical review of all requests for such leave.
B. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform work or that
the employee's general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or reco-
very therefrom, the employee shall be required to undergo a physical
examination by a physician selected by the District(s) , the cost of
such examination to be borne by the District(s) . Should the medical
report so recommend, a mandatory leave shall be imposed upon the
employee for the duration of the disability.
C. If all accrued sick leave has been utilized by the employee, the
employee shall be considered on an approved leave without pay. Sick
leave may not be utilized after the employee has been released from the
hospital unless the employee has provided the District with a written
statement from the employee's attending physician stating that the
disability continues and the projected date of the employee's recovery
from such disability.
The District(s) shall implement the above provisions by revision and updating of
the appropriate District Administrative Bulletins.
11.4 Definition of Immediate Family. "Immediate Family" shall be restricted to
the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, father-in-law, mother-in-
law, son-in-law, daughter-in-law, brother-in-law or sister-in-law of an
employee.
11.5 Prearranged Medical Appointments. Employees who wish to use sick leave
for prearranged doctor or dentist appointments shall notify their appropriate
17
supervisor of the appointment 24 hours prior to the beginning of the shift
during which the appointment is scheduled.
SECTION 12 - LEAVE OF ABSENCE
12.1 Leave Without Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves
for pregnancy shall be granted in accordance with applicable state and federal
law. Upon request to the appointing authority, any employee who has permanent
status in the classified service shall be entitled to at least an eighteen (18)
week (less if so requested by the employee) parental leave of absence, com-
mencing with the birth, adoption, or serious illness of a child or dependent
parent.
Insofar as pregnancy disability leave is used under Section 11.3, that time will
not be considered a part of the 18 week parental leave period. Additionally, an
employee may choose to remain in a pay status by using available sick leave
(under Section 11), vacation, or floating holiday entitlements during the 18
week parental leave; however, use of accruals must be on a continuous basis from
the beginning of the parental leave period and may not be "broken" into segments
used on a monthly basis. Parental leave must be requested at least 30 days
prior to the scheduled leave commencement.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel and shall state specifically the reason for the request,
the date when it is desired to begin the leave and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness or disability;
2. pregnancy;
3. parental leave;
4. to -take a course of study such as will increase the employee's
usefulness on return to the employee's position;
5. for other reasons or circumstances acceptable to the appointing
authority.
A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave. Whenever an employee
who has been granted a leave without pay desires to return before the expiration
of such leave, the employee shall so request of the appointing authority in
writing at least fifteen (15) days in advance of the return for approval by the
appointing authority, provided however, that less notification may be approved
at the discretion of the appointing authority or designee. The Personnel
Department shall be notified promptly of such return. Failure to submit timely
written notice may result in the employee not being permitted to return to work
until the required notice period has elapsed.
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Except with respect to leave due to pregnancy, illness or disability, the decision
of the appointing authority on granting or denying a leave of absence shall be
subject to appeal to the Director of Personnel and not subject to appeal through
the grievance procedure set forth in Section -19 of this Memorandum of
Understanding.
12.2 Leave of Absence Replacement. Any permanent employee in the merit system
who requests reinstatement to the classification held by the employee in the
same district at the time the employee was granted a leave of absence, shall be
reinstated to that classification and district.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of the Personnel Management Regulations on layoff and
seniority shall apply.
12.3 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a Districts position on any anniversary date and who
has not been absent from the position on leave without pay more than six (6)
months during the preceding year shall be reviewed on the anniversary date.
Employees on military leave shall. receive salary increments that may accrue to
them during the period of military leave.
12.4 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the expiration of a leave shall
be without pay. Such absence may also be grounds for disciplinary action.
SECTION 13 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
13.1 The Districts will continue the existing County Group Health Plan program
of medical , dental and life insurance coverage through Delta Dental Plan,
Safeguard Dental Plan, Aetna Life Insurance and the medical insurance options of
Kaiser-Permanente Foundation Health Plan, the Contra Costa County Health Plan,
H.E.A.L.S. Health Plan, and .1st Choice Health Plan to all permanent employees
regularly scheduled to work twenty (20) or more hours per week.
13.2 Health Plan Options & Rates. Effective January 1, 1989 the cost of the
existing County Group Health Plan Programs will be as follows:
Kaiser Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 92.79 $ 90.18 $ 2.61
Delta 109.76 96.87 12.89
Safeguard 103.43 97.35 6.08
Family (No Medicare)
No Dental 213.91 192.86 $ 21.05
Delta 252.29 200.87 51.42
Safeguard 235.93 200.86 35.07
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Contra Costa Health Plan Option
Category Total Cost County Share Employee Share
I
Employee Only (Nw Medicare)
No Dental $ 91.50 $ 91.49 $ .01
Delta 108.47 108.46 .01
Safeguard 102.14 102.13 .01
Family (No Medicare)
No Dental 1 229.48 229.47 .01
Delta 267.86 267.85 .01
Safeguard 251.50 251.49 .01
H.E.A.L.S. Health Plan Option
Category ! Total Cost County Share Employee Share
Employee Only (No' Medicare)
No Dental $105.15 $ 98.06 $ 7.09
Delta 122.12 106.45 15.67
.Safeguard 115.79 105.84 9.95
Family (No Medicare)
No �Dental 254.05 192.21 $ 61.84
Delta 292.43 203.49 88.94
Safeguard 276.07 204.48 71.59
1st Choice Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $138.07 $138.06 $ .01
Delta 155.04 145.81 9.23
Safeguard 148.71 146.29 2.42
Family (No Medicare)
No Dental 343.33 321.33 22.00
Delta 381.71 329.25 52.46
Safeguard 365.35 329.24 36.11
20
Dental Plans Only
Category Total Cost County Share Employee Share
Employee Only
Delta $ 18.20 $ 18.19 $ .01
Safeguard 11.87 11.86 .01
Family
Delta 39.61 39.60 .01
Safeguard 23.25 23.24 .01
The employee will pay a minimum of one cent ($.O1) for any Health Plan or Dental
Care Coverage. All rates shown above are effective January 1, 1989 and include
life insurance coverage.
13.3 Increased Costs. During the term of this Memorandum of Understanding, any
increases in County contribution toward Health Plans afforded to other employee
organizations shall also be provided to Local 1230 effective the same date.
This includes the anticipated 1989 increase in rates and County contri-
bution to the First Choice Health Plan of twenty-three dollars ($23.00) per
month for single subscribers and fifty dollars ($50.00) per month for a
subscriber with dependents.
13.4 Medicare Rates. Corresponding Medicare rates for employees covered under
this Memorandum of Understanding shall be as follows: for Employee Only on
Medicare by taking the Employee Only rate for the option selected and
subtracting the monthly Part B Medicare premium withheld from Social Security
payments for one enrollee; for Employee and Dependent(s) with one member on
Medicare by taking the Employee and Dependent(s) rate for the option selected
and subtracting the monthly Part B Medicare premium withheld from Social
Security payments for one enrollee; for Employee and Dependent(s) with two mem-
bers on Medicare by taking the Employee and Dependent(s) rate for the option
selected and subtacting the monthly Part B Medicare premium withheld from Social
Security payments for' two enrollees; provided however that the minimum employee
Health Plan or Dental Plan contribution will be $.01.
13.5 Partial Month. The County's contribution to the Health Plan premium is
payable for any month in which the employee is paid. If an employee is not paid
enough compensation in a month to pay the employee share of the premium, the
employee must make up the difference by remitting the amount delinquent to the
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. An employee is thus covered by the health plan for the month in which
compensation is paid.
13.6 Coverage During Absences. 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.
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
21
the employee shall pay the entire premium (i .e., both employer and employee
share) for the health plan during said leave. Said payment shall be made by the
employee at a time and place specified by the County. Late payment shall result
in cancellation of he(lth plan coverage.
An employee who terminates District employment who has earned compensation for
actual time worked orlis credited for time worked through vacation or sick leave
accruals or other authorized paid leave, is only covered through the month in
which he is credited with compensation. An employee who terminates District
employment may jconvert to . individual health plan coverage.
13.7 Retirement Coverage. Upon retirement, employees may remain in the same
County group medical 'plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if on authorized leave
of absence without pay they have retained individual conversion membership from
the County plan.
13.8 Dual Coverage. ) If a husband and wife both work for the County and one of
them is laid off, the remaining eligible shall be allowed to enroll or transfer
into the health coverage combination of his/her choice.
An eligible employee whois no longer covered for medical or dental coverage
through a spouse's coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within thirty. (30) days of the
date coverage is no longer afforded under the spouse's plan.
13.9 Inclusion of Survivors of Employees and Retirees in County Health Plan
and Dental Plan.
The following procedures shall apply with respect to the inclusion of survivors
of employees and retirees in the County Group Medical and Dental Plans.
A. The death of the employee or retiree upon whom the survivor was depen-
dent shall have occurred after June 30, 1981 .
B. A surviving spouse or child must have been in the health plan at the
time of the employee's or retiree' s death.
C. The survivor must receive a monthly allowance from the County
Retirement System.
D. The survivor must pay the full cost of coverage.
1. Survivor must make a formal request on an "Authorization for
Survivor Deduction" card which must be filed in the Personnel
Office within 60 days of the death of the employee or retiree.
2. The Retirement Office will collect premiums for this coverage.
3. Premiums must be continuously maintained; a missed premium payment
may cause termination of the survivor from the group.
E. Survivor subscribers of the County group medical plan may elect to
switch medical plan carriers during the annual open enrollment period:
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SECTION 14 - PROBATIONARY PERIOD
14.1 Duration. Al appointments from officially promulgated employment „
lists for original entrance or promotion shall be subject to a probationary
period. This period shall be for six (6) months unless otherwise noted
below.
14.2 Listed below ; are those classes represented by the Union which .have
probation periods in excess of six (6) months.
I
Fire Captain - one (1) year
Fire Captain/Paramedic - one (I) year
Firefighter - one (1) year
Firefightpr/Paramedic - one (1) year
Fire District Dispatcher - one (1) year
Senior Firefighter - one (1) year
Senior Firefighter/Paramedic - one (1) year
Senior Fire District Dispatcher - one (1) year
14.3 When the probationary period for a class is changed, only new appoin-
tees to positions in the classification shall be subject to the revised
probationary period.
14.4 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 six (6) months probation period, probation will be considered
completed upon serving one thousand (1,000) hours (1456 hours for shift
employees) after appointment except that in no instance will this period be
less than six (6) calendar months from the beginning of probation. If a
permanent-intermittent probationary employee ' is reassigned to full-time,
credit toward probation completion in the full-time position shall be
prorated on the basis of one hundred seventy-three (173) hours (243 hours
for shift employees) per month.
14.5 Rejection During Probation. An employee who' is rejected during the
probation period and restored to the eligible list shall begin a new proba-
tionary period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of
this section, an employee (probationer) shall have the right to
appeal from .any rejection during 'the probationary period based on
political , or religious or union activities, or race, color,
national origin-, sex, age, handicap, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set
forth the grounds and the facts by which it is claimed that
grounds for appeal exist under subsection (A) and must be filed
through the Director of Personnel to the Merit Board by 5:00 p.m.
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on the 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 pro-
bable 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, recommend findings of fact, conclu-
sions of law and decision, pursuant to the relevant provisions of
the Merit Board rules in which proceedings the rejected proba-
tioner 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 , the appellant shall complete only the remainder of the
probation period unless the Merit Board specifically orders that
the appellant begin a new probation period.
14.6 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to
the condition that the Director of Personnel receive from the appointing
authority a statement in writing that the services of the employee during the
probationary period were satisfactory and that the employee is recommended for
permanent appointment. A probationary employee may be rejected at any time
during the probation period without regard to the Skelly provisions of this
Memorandum of Understanding, without notice and without right of appeal or
hearing. If the appointing authority has not returned the probation report, a
probationary employee may be rejected from the service within a reasonable time
after the probation period for failure to pass probation. If the appointing
authority fails to submit in a timely manner the proper written documents cer-
tifying that a probationary employee has served in a satisfactory manner and
later acknowledges it was the appointing authority's intention to do so, the
regular appointment shall begin on the day following the end of the probationary
period. ;
Notwithstanding any other provisions of this Memorandum of Understanding, 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 District from which the employee
was promoted or transferred. An employee dismissed for other than disciplinary
reasons within six (6) months after being promoted or transferred from a position
in the Merit System to a position not included in the Merit System shall be
restored to a position in the classification in the District from which the
employee was promoted or transferred. A probationary employee who has been
rejected or has resigned during probation shall not be restored to the eligible
list from which the employee was certified unless the employee receives the
affirmative recommendation from the appointing authority and is certified by the
Director of Personnel whose decision is final . The Director of Personnel 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.
14.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same District, shall be required to complete
only the balance of the required probation.
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If reemployed in another District or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a District other than the District 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 District from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
14.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the Payoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and appointed in a dif-
ferent district or classification than that from which the employee was laid
off.
SECTION 15 - PROMOTION
15.1 Promotion shall be by competitive examination unless otherwise provided in
this Memorandum of Understanding.
15.2 Promotion Policy. The Director of Personnel , upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis.
15.3 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification
to a higher classification and his 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 require-
ments for the higher class.
D. The action must have approval of the Director of Personnel .
E. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
15.4 Requirements for Promotional Standin . In order to qualify for an exami-
nation called on a pr I omotional basis, an employee must have probationary or per-
25
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manent status in the merit system and must possess the minimum qualifications
for the class. Applicants will be admitted to promotional examinations only if
the requirements are met on or before the final filing date. If an employee who
is qualified on a promotional employment list is separated from the merit
system, except by layoff, the employee's name shall be removed from the promo-
tional list.
15.5 Seniority Credits. Employees who have qualified to take promotional exa-
minations and who have earned a total score, not including seniority credits, of
seventy percent (70%)l or more, shall receive, in addition to all other credits,
five one-hundredths off 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 deter-
mined. No employee however, shall receive more than a total of five percent
(5%) credit for seniority in any promotional examination.
15.6 District(s) employees who are required as part of the promotional examina-
tion process to take a physical examination shall do so on District(s) time at
District(s) expense.
SECTION 16 - TRANSFER
16.1 The following conditions are required in order to qualify for transfer:
(a) the position shall be in the same class, or if in a different class shall
have been determined by the Director of Personnel 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 transac-
tion shall have indicated agreement to the change in writing; (d) the employee
concerned shall have indicated agreement to the change in writing.
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.
16.2 Any employee and appointing authority who desire to initiate a transfer
may inform the Director of Personnel in writing of such desire stating the
reasons therefore. If the Director of Personnel considers that the reasons are
adequate and the transfer will be for the good of the District service and the
parties involved, the Director of Personnel shall inform the appointing
authority or authorities concerned and the employee of the proposal and may take
the initiative in accomplishing the transfer.
SECTION 17 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel 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
26
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authority in writing !to the employee and to the Personnel Department and shall
indicate the effective date of termination.
17.1 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.
17.2 Constructive Resignation. A constructive resignation occurs and is effec-
tive when:
A. An employee I has been absent from duty for ten (10) consecutive working
days, (three shifts for employees on a 56-hour work week) without
leave; and
B. ten (10) more consecutive days (three shifts for employees on a 56 hour
work week) !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.
17.3 Effective Resignation. A resignation is effective when delivered or spo-
ken to the appointing authority, operative either on that date or another date
specified.
17.4 Revocation. k resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
17.5 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
Personnel and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it shall
be revoked - and the employee returned to duty effective on the day
following the appointing authority's acknowledgement 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 Personnel 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 19 of the
Memorandum of Understanding beginning with step C.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and
27
the employee returned to duty effective on the day following the deci-
sion or next assigned shift but without loss of seniority or pay, sub-
ject tothe employee's duty to mitigate damages.
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY
18.1 The appointing authority may dismiss, suspend, demote, or reduce in salary
any employee for cause. Reduction in salary shall not exceed five percent (5%)
of the employee's base salary for a period of more than sixty (60) consecutive
calendar days. The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal , suspension,
demotion or reduction! in salary may be based on reasons other than those speci-
fically mentioned:
1. absence withIout leave,
2. conviction o;f any criminal act involving moral turpitude,
3. conduct tendiing to bring the merit system into disrepute,
4. disorderly or immoral conduct,
5. incompetence or inefficiency,
6. insubordination,
7. 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 District premises,
8. neglect of duty, i .e., non-performance of reasonably assigned respon-
sibilities, .
9. negligent or willful damage to public property or waste of public
supplies or equipment,
10. violation of any lawful or reasonable regulation or order given by a
supervisor or Fire Chief,
11. willful violation of any of the provisions of the Merit System
Ordinance or Personnel Management Regulations,
12. material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment,
13. misappropriation of District funds or property,
14. unreasonable failure or refusal to undergo any physical , medical and/or
psychiatric , exam and/or treatment authorized by this Memorandum of
Understanding,
15. dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness,
17. sexual harassment including but not limited to unwelcome sexual advan-
ces, requests for sexual favors, and other verbal , visual or physical
conduct of a sexual nature, when such conduct has the purpose or effect
of affecting employment decisions concerning an individual , interfering
with an individual 's work performance, or creating an intimidating,
hostile or an offensive working environment.
18.2 Skelly Requirements. Before taking a disciplinary action to dismiss,
suspend for more than five (5) work days (48 hours for employees on a 56 hour
workweek) 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:
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A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or ommissions 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 or District, a copy of said rule shall be included with the
notice.
D. A statement; that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to
the appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee's response is not filed
within seven (7) days or during any extension, the right to respond is lost.
18.3 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven 7 days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary
leave of absence with pay.
18.4 Suspensions without pay shall not exceed thirty (30) consecutive days
unless ordered by an arbitrator, an adjustment board or the Merit Board. The
thirty (30) consecutive day limit does not apply to suspension due to pending
criminal charges as provided in 18.5 below.
18.5 Notice of Suspension Without Pay Due to Pending Criminal Charges. Before
suspending an employee due to pending criminal charges, the appointing authority
shall cause to be served either personally or by certified mail on the employee,
a Notice of Suspension Due to Pending Criminal Charges, which shall contain the
following:
A. A statement that the employee is suspended while criminal charges are
pending or until the charges are dismissed.
B. A statement of the charges upon which the suspension is based and of
the facts by which such charges adversely affect the District service
or conflict with continued employment.
C. A statement that the employee may respond to the appointing authority
either orally or in writing within seven (7) calendar days.
D. A statement that disciplinary action may be taken after disposition of
the charges.
E. The Notice of Suspension -Due to Pending Criminal Charges may include a
Notice of Proposed .Action (Skelly Notice) under Section 18.2.
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F. An appointing authority, upon giving notice as provided in this Section
18, may immediately suspend without pay an employee against whom there
is pending a criminal charge which adversely affects the District ser-
vice or conflicts with continued employment. Pending criminal charges
exist when an employee has been arrested or has been named a defendent
in a criminal complaint or indictment filed in any court.
G. The Director of Personnel may order lost pay restored for good cause,
and subject to the employee's duty to mitigate damages, but not if the
employee 1) is given a notice of Proposed Action (Skelly Notice) and 2)
is dismissed or otherwise disciplined for cause directly related to the
charges within fourteen (14) calendar days after the appointing
authority has knowledge of final disposition of the charges.
18.6 Procedure on Dismissal , Suspension or Disciplinary Demotion
A. In any disciplinary action to dismiss, suspend, or demote an employee
having permanent status in a position in the merit system, after having
complied with the Skelly requirements where applicable, the appointing
authority shall make an order in writing stating specifically the
causes for the action.
B. Service of Order. Said order of dismissal , suspension, or demotion
shall be filed with the Director of Personnel , showing by whom and the
date a copy was served upon the employee to be dismissed, suspended or
demoted, either personally or by certified mail to the employee's last
known mailing address. The order shall be effective either upon per-
sonal service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal , suspension or demotion either to the Merit Board or through
the procedures of Section 19 Grievance Procedure of this Memorandum of
Understanding provided that such appeal is filed in writing with the
Personnel 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 19 of this Memorandum of Understanding.
SECTION 19 - GRIEVANCE PROCEDURE
19.1 A grievance is any dispute which involves the interpretation or applica-
tion of any provision of this Memorandum of Understanding (excluding, however,
those provisions of this Memorandum of Understanding which specifically provide
that the decision of any County/District(s) official shall be final , the
interpretation or application of those provisions not being subject to the
grievance procedure,) or disciplinary actions. The Union may represent the
employee at any stage of the process. Grievances must be filed within fifteen
(15) days of the incident or occurrence about which the employee claims to have
a grievance and shall be processed in the following manner.
A. Step 1. Any employee or group of employees who believes a provision of
this Memorandum of Understanding has been misinterpreted or misapplied
to the employee's detriment shall discuss the complaint on an informal
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basis with the employee's appropriate chief officer who shall meet with
the employee and respond to the grievance within five (5) duty shifts,
or ten (10) workdays in the case a grievance filed by employees
assigned to a forty (40) hour workweek, of a request to hold such a
meeting.
B. Step 2. If a grievance is not satisfactorily resolved in Step 1 above,
the employee may submit the grievance in writing within five (5) calen-
dar days to such management official , other than the chief officer who
participated in Step 1 above, as the Fire Chief may designate. This
formal written grievance shall state which provision of the Memorandum
of Understanding has been misinterpreted or misapplied, how the misin-
terpretation or misapplication has affected the employee to the
employee's detriment, and the redress the employee seeks. A copy of
each written communication on a grievance shall be filed with the
Director of: Personnel . The designated management official shall have
ten (10) workdays in which to respond to the grievance in writing.
C. Step 3. If!a grievance is not satisfactorily resolved in Step 2 above,
the employee may appeal in writing within five (5) workdays to the
Director of Personnel . The Director of Personnel or designee shall
have fifteen (15) workdays in which to investigate the merit of the
complaint and to meet with the Fire Chief or designee and the employee
to attempt to settle the grievance and to respond in writing to the
employee and the employee's Union representative.
D. Step 4. No grievance may be processed under this Section which has not
first been filed and investigated in accordance with Step 3 above and
filed within five (5) calendar days of the written response of the
Director of Personnel or designee. If the parties are unable to reach
a mutually satisfactory accord on any grievance which arises and is
presented during the term of this Memorandum of Understanding, such
grievance shall be submitted in writing within five (5) calendar days
to the Director of Personnel requesting that the grievance be submitted
to an Adjustment Board. Such Adjustment Board is to be comprised of
three (3) union representatives, no more than one (1) of whom shall be
either an employee of the District or a member of the Union presenting
this grievance, and three representatives of the District, no more than
one (1) of whom shall be an employee of a District covered by this MOU,
or a County employee or a member of the staff of an organization
employed to represent the District in the meeting and conferring pro-
cess. The Adjustment Board shall meet and render a decision within
fifteen (15) calendar days of receipt of a written request.
E. Step 5. If an Adjustment Board is unable to arrive at a majority deci-
sion, either the employee (or the County/District, when alleging a
violation of Section 19.6 below) may require the grievance be referred
to an impartial arbitrator who shall be designated by mutual agreement
between the employee and the Director of Personnel . Such request shall
be submitted within ten (10) calendar days of the rendering of the
Adjustment Board decision to the Director of Personnel (or the
designated representative of the Union when the County/District is
31
alleging a violation of Section 19.6 below). Within thirty (30) calen-
dar days of the request for arbitration, the parties shall mutually
select an arbitrator. The fees and expenses of the arbitrator and of . ,
the Court Reporter shall be shared equally by the employee and the
County. Each party, however, shall bear the costs of its own presen-
tation, including preparation and post-hearing briefs, if any.
F. For the purposes of this Section 19 the term "workday" shall be defined
as any day except a Saturday, Sunday or holiday.
19.2 Scope of Adjustment Board and Arbitration Decisions
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them ', shall be final and binding on the parties hereto, to the
extent permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a
position in 'a unit represented by the Union which has been certified as
the recognized employee organization for such unit and unless such
dispute falls within the definition of a grievance as set forth in
Section 19.1 above.
C. Proposals to add to or change this Memorandum of Understanding or to
change written agreements supplementary hereto shall not be arbitrable
and no proposal to modify, amend, or terminate this Memorandum of
Understanding nor any matter or subject arising out of or in connection
with such proposals, may be referred to arbitration under this Section.
Neither any, Adjustment Board nor any arbitrator shall have the power to
amend or modify this Memorandum of Understanding or written agreements
supplementary hereto or to. establish any new terms or conditions of
employment.
D. If the Director of Personnel in pursuance of the procedures outlined in
Section 19.1C above, or the Adjustment Board in pursuance of the provi-
sions of Section 19.1D above, resolve 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; but, in the event
that the grievance is carried to arbitration and such employee is found
to have been properly discharged under the provisions of Section 18,
such employee may not be ordered reinstated and no penalty may be
assessed upon the County/District.
19.3 The time limits and steps specified above may be waived by mutual
agreement of the parties to the grievance. If the District fails to meet the
time limits specified in Steps 1 through 3 above, the grievance will automati-
cally move to the next step. If a grievant fails to meet the time limits spe-
cified in Steps 1 through 5 above, the grievance will be deemed to have been
settled and withdrawn.
19.4 An official , with whom a formal grievance is filed by a grievant who is
included in a unit represented by the Union, but is not represented by the Union
in the grievance, shall give the Union a copy of the formal presentation.
32
19.5 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Director of
Personnel . Only complaints which allege that employees are not being compen-
sated in accordance with the provisions of this Memorandum of Understanding
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
Memorandum of Understanding which results from such meeting and conferring pro-
cess, shall be deemed withdrawn until the meeting and conferring process is next
opened for such discussion. No adjustments shall be retroactive for more than
six (6) months from the date upon which the complaint was filed. No change in
this Memorandum of Understanding or interpretations thereof (except interpreta-
tions resulting from Adjustment Board or arbitration proceedings hereunder) will
be recognized unless agreed to by the District and the Union.
19.6 No Strike. During the term of this Memorandum of Understanding, the
Union, its members and representatives, agree that it and they will not engage
in, authorize, sanction or support any strike, slowdown, refusal to perform
customary duties, stoppage of work or sickout against the District.
In the case of a legally declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises the employee's
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of the employee's duties
is of an emergency nature and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
19.7 Merit Board
A. All grievances of employees in representation units represented by the
Union shall be processed under Section 19 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
B, No action under Steps (3) , (4) or (5) of Subsection 19.1 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.
19.8 The Union may'' file a grievance at step 3 on behalf of affected employees
when action by the !County Administrator or the Board of Supervisors violates a
provision of this Memorandum of Understanding.
19.9 Letters of reprimand are subject to the grievance procedure but shall not
be processed past Step 3. Letters of reprimand shall be served personally or by
certified mail on the affected employee. A copy of the letter of reprimand
shall be placed in the employee's official personnel file maintained by the
District.
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'SECTION 20 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581.1, the District(s) will continue to
pay fifty percent (50X) of the retirement contributions normally required of
employees. Such payments shall be in effect for the period of January 1, 1989
to December 31, 1992. Employees shall be responsible for payment of the
employees' contribution for the retirement cost of living program as determined
by the Board of Retirement of the Contra Costa County Employees' Retirement
Association without the County paying any part of the employees share. The
County will pay the remaining one-half (1/2) of the retirement cost-of-living
program contribution.
SECTION 21 - SAFETY
The District shall expend every effort to see to it that the work performed
under the terms and 'conditions of this Memorandum of Understanding is performed
with maximum degree of safety consistent with the requirement to conduct efficient
operations.
SECTION 22 - MILEAGE
Mileage allowance for the use of personal vehicles on District business shall be
paid according to the following per month formula:
1 - 400 miles $ .22 per mile
401 - plus miles $ .16 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the
average price for "Gasoline Average Prices per gallon, U.S. City Average and
Selected Areas" for the San Francisco-Oakland, California area published by the
Bureau of Labor Statistics, U.S. Department of Labor, hereinafter referred to as
the "Energy Report."
The above mileage rates shall be increased or decreased by one cent (1t) for
each fifteen cents (15t) increase or decrease in the base price for gasoline
which shall be defined as the average price of gasoline per gallon for July,
1979 as published in the Energy Report. Any such rate increase or decrease
shall be effective the first of the month following publication of the index.
The above formula rates include price increases reported since July 1979. The
mileage rate increase or decrease based on the Energy Report shall be contingent
upon the continued availability of the official monthly Energy Report in its
present form and calculated on the same basis unless otherwise agreed upon by
the parties.
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SECTION 23 - UNIFORM ALLOWANCE
The monthly uniform allowance for all employees shall be raised to forty dollars , .
($40) per month effective January 1, 1989.
SECTION 24 - STATION ASSIGNMENT
District(s) management recognizes the concerns of the Union regarding station
assignment of personnel that may result due to consolidation or reorganization.
Therefore, both parties agree to meet on the station assignment of personnel as
relates to proposed consolidations or reorganizations during the term of this
Memorandum of Understanding.
SECTION .25 - MINIMUM STAFFING
The present minimum shift schedule of staffing in each of the Fire Protection
Districts shall be as follows:
Consolidated Fire Protection District 58
Moraga Fire Protection District 6
Orinda Fire Protection District 8
Riverview Fire Protection District 22
West County Fire Protection District 6
Fire station staffing within the individual districts may be reduced below the
scheduled level in order to accommodate fire district programs. Said levels of
staffing may be reduced by such events as the closure of a fire station. For
the duration of this Memorandum the Districts will continue their present policies
with regard to staffing as described above. Should the management of any District
change its policies with regard to the minimum level of staffing, it will inform
the Union of such proposed changes and meet and confer with the Union over the
effect of such policy changes on workload and safety.
SECTION 26 - REQUESTS TO .FILL VACANCIES
Where full time vacancies occur in either shift or work place assignments, an
employee may request a transfer to fill such vacancy, such request to be' granted
at the discretion of the District. Such requests should be submitted on
"Shift/Station Transfer Request" form, as illustrated in Exhibit B.
SECTION 27 - FIRST RESPONDER BASIC LIFE SUPPORT DIFFERENTIAL
Effective January 1, 1989 all employees of the fire protection districts shall
receive a differential of seventy dollars ($70.00) per month if they:
1. have completed a District approved course 'of instruction in Emergency
Medical Care; and
35
2. maintain a current, valid certificate of Emergency Medical Care
Training issued by their respective fire protection district.
The First Responder Basic Life Support differential is payable from the first
shift of actual work in the month following issuance of the employee's cer-
tificate. To continue to be eligible for the salary differential , employees
shall at all times maintain a current, valid certificate issued by their respec-
tive fire protection district.
Following the adoption of this Memorandum of Understanding by the County Board
of Supervisors, new, hires in the classifications of Firefighter, Senior
Firefighter and Fire ' Captain shall become EMT 1-A certified as a condition of
employment in the Moraga and Orinda Fire Protection Districts. Said cer-
tification shall be obtained as soon as possible but not later than one year
following employment.,
SECTION 28 - ORINDA AND MORAGA FIRE PROTECTION DISTRICTS DIFFERENTIALS
28.1 EMT 1-A Differential . All shift personnel of the Orinda and Moraga Fire
Protection Districts, excluding Paramedics, who qualify as EMT 1-A's shall
receive a differential of fifty ($50) dollars per month if they:
a. have completed the course of EMT 1-A instruction prescribed by the
State of California and passed any post-instruction examination; and
b, are certified as an EMT 1-A by the State of California or agency
designated by the State; and
C. have filed a copy of their certificate with .the respective Fire
Protection District.
The differential is payable from the first shift of actual work in the month
following that during which the employee filed a copy of the employee cer-
tification with the respective Fire Protection District. To continue to be eli-
gible for the salary differential , a firefighter shall :
a. be recertified every two years;
b, at all times maintain the employee's certification;
C. comply with such terms and conditions as may be prescribed by the State
of California or designated agencies; and
d, file a copy of each new certification with the respective Fire
Protection District as provided above.
28.2 Orinda Fire Protection District Officer-in-Charge Differential . Fire
Captains in the Orinda Fire Protection District assigned "Officer-in-Charge"
duties, in addition to their regular duties, shall be paid a monthly differen-
tial equal to 7.5% of base pay.
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SECTION 29 - SERVICE AWARDS
The District(s) shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at
the sole discretion of the County.
SECTION 30 - LENGTH OF SERVICE DEFINITION FOR SERVICE AWARDS AND VACATION
ACCRUALS).-
The
CCRUALS .The length of service credits of each employee of the County/District shall date
from the beginning of the last period of continuous County/District 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/District position
or is reemployed in a permanent County/District position from a layoff list within
the period of layoff eligibility, service credits shall include all credits
accumulated at time of separation, but shall not include the period of separation.
The Director of Personnel shall determine these matters based on the employee
status records in his department.
SECTION 31 - UNFAIR LABOR PRACTICE
Either the Districts)/County or the Union may file an unfair labor practice as
defined in Chapter 34-22 of Resolution 81/1165 against the other. Allegations
of an unfair labor practice, if not resolved in discussions between the parties,
may be heard by a mutually agreed upon impartial third party.
SECTION 32 - ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it is determined that
an Ordinance is required to implement any of the foregoing provisions, said
provisions shall become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
SECTION 33 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
34.1 Scope of Agreement.. Except as otherwise specifically provided herein,
this Memorandum of Understanding represents the full and complete incorporation
of those proposals which were considered and evaluated pursuant to the meet and
confer process. This Memorandum of Understanding constitutes the entire and
sole agreement between the Parties on any and all matters which were presented
during the meet and confer process. If a proposal was made by either Party and
not incorporated within this Agreement, then it was considered and rejected.
34.2 Separability of Provisions. Should any section, clause or provision of
this Memorandum of Understanding be declared illegal , unlawful or unenforceable,
37
s
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 Memorandum of Understanding.
34.3 Personnel Management Regulations. Where a specific provision contained in
a section of this Memorandum of Understanding conflicts with a specific provi-
sion contained in a section of the Personnel Management Regulations, the provi-
sion of this Memorandum of Understanding shall prevail . Those provisions of the
Personnel Management Regulations within the scope of representation which are
not in conflict with the provisions of this Memorandum of Understanding and
those provisions of the Personnel Management Regulations which are not within
the scope of representation shall be considered in full force and effect.
34.4 Duration of Agreement. This Agreement shall continue in full force and
effect from January 1, 1989 to and including December 31, 1992. Said Agreement
shall automatically renew from year to year thereafter unless either party gives
written notice to the other prior to sixty (60) days from the aforesaid ter-
mination date of its intention to amend, modify or terminate the Agreement.
SECTION 34 - PAST PRACTICES & EXISTING MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices within the scope of
representation not specifically authorized by ordinance or by resolution of the
Board of Supervisors is not guaranteed by this Memorandum of Understanding. The
parties recognize, however, that certain practices exist by virtue of having
been acknowledged and accepted by the Fire Chief and representatives of the Union
on specific policies covering groups of employees. Any disagreement as to whether
such alleged practice within the scope of representation meets the criteria set
forth above shall be subject to the grievance procedure.
DATE
UNITED PROFESSIONAL FIRE FIGHTERS,
IAFF, LOCAL 1230 CONTRA COSTA COUNTY
RESIDENT
. D
ICE PRESIDENT n
ICE PRESIDENT l
38
r'
VICE PRESIDENT
r
VICE PRESIDENT
VICE PRESIDENT
SECRETARY-TREASURER
39
• • J
v
ry
EXHIBIT A
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY & UNITED PROFESSIONAL FIREFIGHTERS, LOCAL 1230
FIRE SUPPRESSION AND PREVENTION UNIT
SALARIES
SALARY RANGE
CLASS CODE CLASS TITLE LEVEL EFF. 1/1/89
RPTA Fire Captain L5-1959 3221 - 3915
RPTB Fire Captain-Paramedic L5-2055 3545 - 4309
REWA Fire District Dispatcher L5-1690 2461 - 2992
RPWA Firefighter L5-1739 2585 - 3142
RPWB Firefighter-Paramedic L5-1835 2845 - 3458
RJWA Fire Inspector C5-1938 3154 - 3833
RJWC Fire Services Technician - Riverview C5-1557 2155 - 2619
RWSC Fire Training Coordinator - Riverview C5-2032 3464 - 4211
RWSA Fire Training Instructor C5-1938 3154 - 3833
RPVA Senior Firefighter L5-1817 2794 - 3397
RPVB Senior Firefighter-Paramedic L5-1913 3076 - 3739
RJVA Senior Fire Inspector C5-2032 3464 - 4211
RWSB Senior Fire Training Instructor C5-2032 3464 - 4211
RETA Senior Fire District Dispatcher L5-1788 2715 - 3300
RJWB Weed Abatement Specialist - Riverview C5-1413 1866 - 2268
EXHIBIT B
TO:
FROM:
Name Rank
SUBJECT: Shift/Station Transfer Request
DATE:
Current Assignment: Station Shift
This is to request a shift and/or station transfer as indicated below:
Request Station Transfer To
Request Shift Transfer To
(Fill in both lines if requesting a station and shift transfer)
' Reason for Requested Change (Optional)
Signature
=' ,.Contra Personnel Department
-Costa Administration Bldg.
651 Pine Street
County Martinez, California 94553.1292
January 28, 1983 -
Mr.
983Mr. Benton Wright, President
United Professional Firefighters,
IAFF, Local 1230
936 Court Street
Martinez, CA 94553
Dear Mr. Wright:
This letter is to confirm in writing those sections of the Memorandum of
Understanding between Contra Costa County and United Professional Firefighters,
Local 1230, wherein decisions of the County are final and, therefore, not
subject to the grievance procedure. Those sections are as follows:
1) Section 2.9B Y
2) Section 12.1 last paragraph S'
3) Section 13.2 first paragraph - delete effective 9/9/36
fl4 Section 14.6 second paragraph
5 Section 15.2
6) Section 25
7) Section 29 e
8) Section 30 second paragraph. - delete effective 9/9/36
Additionally, the Moraga Fire Protection District has provided Local 1230 with a
set of proposed Administrative Bulletins for the District. The parties agree to
meet and confer prior to June 30, 1983 in an effort to reach agreement on all
these Administrative Bulletins which are subject to meeting and conferring.
If the foregoing is in accordance with your understanding, please indicate your
acceptance and approval in the space provided below.
Date
United Professional Firefighters, IAFF,
Local 1230 Contra Costa County
By LLQ By, � './!✓mak %.' �� h"
�'
Contra Personnel Department
CostaThird Floor, Administration Bldg.
J 651 Pine Street
County Martinez, California 94553-1292
(415) 372-4064
Harry D. Cisterman
Director of Personnel
August 26, 1986
Mr. Russ Greenlaw, President
United Professional Fire Fighters,
I.A.F.F. , Local 1230
112 Blue Ridge Drive
Martinez, CA 94553
Dear Mr. Greenlaw:
This side letter addresses the following items regarding the Class 2 Drivers
License:
1. a. The minimum qualifications in the Senior Firefighter class will be
revised to require a Class 2 License. Thus , a Class 2 License is
required as a condition of employment for Senior Firefighters.
b. The minimum qualifications in the Firefighter class will be
revised to require a Class 2 License prior to completion of the
probationary period. Thus, a Class 2 License is required as a
condition of employment for Firefighters.
2. Current Senior Firefighters and Firefighters without a Class 2 License
will have to obtain a Class 2 License. The District will provide at
its convenience a vehicle for the employee to take the State driving
test on District time, and will reimburse the $10 fee to obtain the
license. Renewal of a Class 2 License and the cost of renewal are the
employee' s responsibility.
3. New hires into the Firefighter class without a Class 2 License are
responsible for obtaining a Class 2 License prior to completion of the
probationary period and paying the license fee, and are responsible
for renewal of the license and the cost of renewal .
4. A Class 1 License is an approved alternative to a Class 2 License but
is not required.
5. It is anticipated that the Department of Motor Vehicles will accept
successful completion of the Districts' driver training courses as a
substitute for taking the State' s driving test.
6. To obtain a Class 2 License, a medical certificate showing the driver
meets established medical standards is required. The District will
schedule the medical examination and pay the cost. A valid medical
I
1pma
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
� ' Russ Greenlaw, Local 1230 -2- August 26, 1986
certificate (card) must be in the driver's possession any time a Class
2 vehicle is driven, and it must, be renewed every two years. The
District(s) will also schedule and pay for the cost of renewal medical
examinations.
The medical examination scheduled under the Consolidated Fire
District' s Physical Fitness Program will be utilized for the issuance
of a medical certificate for the purpose of a Class 2 License.
7. The Riverview Fire District program for obtaining and maintaining a
Class 2 Driver' s License shall resume for Riverview employees.
8. The districts will endeavor to accomodate Local 1230's concerns
regarding on-duty training of employees and the obtaining of a Class 2
License.
If the foregoing is in accordance with your understanding, please indicate
your acceptance and approval in the space provided below.
Date: .S f• /986
United Professional Fire Fighters, Contra Costa County
I.A.F.F. , Local 1230
BY:' '':---- By: i
HDC:tm
v
Cont ra
Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
COI 1 Martinez, California 94553-1292
l.1' t (415)646-4064
Harry D. Cisterman
February 24, 1989
Director of Personnel
'
Mike Price, President
UPFF, IAFF, Local 1230
112 Blue Ridge Drive
Martinez CA 94553
Dear Mr. Price:
This side letter addresses the agreed-upon process for resolving the telephone
problem in the Consolidated Fire District.
Within 30 calendar days of the adoption of the 1989-92 Memorandum of
Understanding, representatives from Local 1230, the Consolidated Fire District
and the County will meet in an attempt to resolve the telephone problem. If
there is no resolution to the problem after two (2) meetings, a State Mediator
will be brought into the discussions for a maximum period of 60 calendar days in
an effort to assist the parties in resolving the problem. If the State
Mediator's efforts are unsuccessful in the above time period, a representative
from the County will determine the resolution to the telephone problem in the
Consolidated Fire District.
If the foregoing is in accordance with your understanding, please indicate your
acceptance and approval in the space provided below.
Date: ---_ /__.���-•c -
UPFF, IAFF, LOCAL 1230 CONTRA COSTA COUNTY
WPH:yb
FF:40
Ipme
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
'Ontra Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
COI IYl�1/ Martinez, California 94553-1292
1.1� fly (415)646-4064
Harry D. Cisterman
February 24, 1989 Director of Personnel
Mike Price, President
UPFF, IAFF, Local 1230
112 Blue Ridge Drive
Martinez CA 94553
Dear Mr. Price:
This side letter addresses the agreed-upon process for resolving the telephone
problem in the Consolidated Fire District.
Within 30 calendar days of the adoption of the 1989-92 ' Memorandum of
Understanding, representatives from Local 1230, the Consolidated Fire District
and the County will meet in an attempt to resolve the telephone problem. If
there is no resolution to the problem after two (2) meetings, a State Mediator
will be brought into the discussions for a maximum period of 60 calendar days in
an effort to assist the parties in resolving the problem. If the State
Mediator's efforts are unsuccessful in the above time period, a ' representative
from the County will determine the resolution to the telephone problem in the
Consolidated Fire District.
If the foregoing is in accordance with your understanding, please indicate your
acceptance and approval in the space provided below.
Date• 1:0/_.
UPFF, IAFF, LOCAL 1230 CONTRA COSTA COUNTY
B ;21�_ /
WPH:yb
FF:40
IpmA
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER