HomeMy WebLinkAboutMINUTES - 10311989 - 1.31 �+ P-7
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THE BOARD'�OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA '
Adopted this Order on October 31, 1989. - , by the following vote:
Supervisors Powers , Fandexi, 1ICPeak-, Torlakson
AYES:
NOES: None
ABSENT: Supervisor Schroder .
ABSTAIN: None RESOLUTION N0. 89/7.12
SUBJECT: -1989-1991 COMPENSATION FOR EMPLOYEES)
IN UNITS REPRESENTED BY SOCIAL )
SERVICES UNION LOCAL 535, S.E.I.U. )
-The Contra Costa County Board of Supervisors RESOLVES THAT:-
1 . On October '30, 1989 the Employee Relations Officer submitted the Memorandum
of Understanding dated October 27, 1989, entered into with Social Services
Union, Local 535 , S.E.I.U. for the following Units represented by the Union:
COMMUNITY AIDE UNIT
SOCIAL SERVICES. UNIT
2. The Board having thoroughly considered said Memorandum of Understanding, the
same is approved.
.3. Salaries and Terms and Conditions of 'Employment, Local 535 ; S.E.I.U. The
Memorandum of Understanding with Social Senvices Union, Local 535, S.E.I.U.
is attached hereto with Section Numbers 1 through 53 inclusive, Attachments
A, B, C, D,' and Exhibits A- andB, and made applicable to the employees in
the above-named units.
4. . If an Ordinance(s) is required to implement any of the foregoing provisions,
the Board of Supervisors will adopt said Ordinance(s) .
5. This Resolution is effective as of July 1 , 1989.
hereby certify that this We tare and correct copy of
an action taken and entered on the minutes of Me
Board of Supervisors;on the date shown.
ATTESTED:..._-D C;rA:&mad l,
PHIL BATCHELOR,Clerk of the Board
--
ofSupervisorsand County Administrator
By .Deputy
f
Orig. Dept.: Personnel
CC: County Administrator
County Counsel
Auditor—Controller
Social Services Department
Health Services Department
S.E.I.U. , Local 535
RESOLUTION`;No 89/712
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
1989 - 1991
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
RANK & FILE UNIT
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of the Contra Costa County Board of Supervisors
Resolution 81/1165 and has been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in Board
Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Union is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendations of the undersigned for salary
and employee benefit adjustments for the period commencing July 1 , 1989 and
ending September 30, 1991 .
Special provisions and restrictions pertaining to Project employees covered by
this Memorandum of Understanding are contained in Attachment A which is attached
hereto and made a part hereof.
DEFINITIONS:
A. "Appointing Authority" means Department Head 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
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 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
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provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding, in the Personnel Management Regulations., or in
specific resolutions governing deep classifications.
F. "Director of Personnel " means the person designated by the County
Administrator to serve as the Assistant County Administrator-Director of
Personnel .
G. "Eligible" means any person whose name is on an employment or reemployment
or layoff list for a given classification.
H. "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 his/her return. .
I. "Employment List" means a list of persons, who have been found qualified
for employment in a specific class.
J. "Layoff List" means a list of persons who have occupied positions allocated
to a class in the Merit System and who have been involuntarily separated by
layoff or displacement or have voluntarily demoted in lieu of layoff.
K. "Permanent Intermittent Position" means any position which requires the
services of an incumbent for an indefinite period but on an intermittent
basis, as needed, paid on an hourly basis.
L. "Permanent Part-Time Position" means any position which will require the
services of an incumbent for an indefinite period but . on a regularly
scheduled less than full-time basis.
M. "Permanent Position" means any position which has required, or which will
require the services of an incumbent without interruption, for an
indefinite period.
N. "Project Employe" 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
County revenues.
0. "Promotion" means the change of a permanent employee to another position in
a class allocated to a salary range for which the top step is higher than
the top step of the class which the employee formerly occupied, except as
provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding, in the Personnel Management Regulations, or in
specific resolutions governing deep ;classes.
P. "Position" means the assigned duties and responsibilities calling for the
regular full-time, part-time or intermittent employment of a person.
Q. "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 , deep class resolutions or other ordinances.
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R. "Reclassification" means the act of changing the allocation of a position
by raising it to a higher class or reducing it to a lower class on the
basis of significant changes in the kind , difficulty or responsibility of
duties performed in such position.
S. "Reemployment List" means a list of persons, who have occupied positions
allocated to any class in the merit system and , who have voluntarily
separated and are qualified for consideration for reappointment under the
Personnel Management Regulations governing reemployment.
T-. "Resignation" means the voluntary termination of permanent service with the
County from a position in the merit system.
U. "Temporary Employment_" means any employment in the merit system which will
require the services of an incumbent for a limited period of time, paid on
an hourly basis , not in an allocated position or in permanent status.
V. "Transfer" means the change of an employee who has permanent status in a
position to another position in the same class in a different department,
or to another position in a class which is allocated to a range on the
salary plan that is within five (5) percent at top step as the class .
previously occupied by the employee.
SECTION 1 - RECOGNITION
1 .1 Union Recognition. The Union is the formally recognized employee
organization for the representation units listed below, and such organization
has been certified as such . pursuant to Chapter 34-12 of Board Resolution
81/1165 .
A. Community Aide Unit
B. Social .Services Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165 , only a majority
representative may have dues deduction and as such the Union has the exclusive
privilege of dues deduction or agency fee for all employees in its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and
nondiscriminatory representation to all employees in 'the units for
which this section is applicable regardless of whether they are members
of the Union.
B. All employees employed in a representation unit on or after the
effective date. of this Memorandum of Understanding and continuing until
the termination of the Memorandum of Understanding, shall as a
condition of employment either:
1 . Become and remain a member of the Union or;
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2. pay to the. Union, an agency shop fee in an amount which does not
exceed an amount which may be lawfully collected under applicable
constitutional , statutory, and case law, which under no circumstan-
ces shall exceed the monthly dues, initiation fees and general
assessments made during the duration of this Memorandum of
Understanding. It shall be the sole responsibility of the Union to
determine an agency shop fee which meets the above criteria; or
3. do both of the following:
a. Execute a written declaration that the employee is a member of
a bonafide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting
any public employee organization as a condition of employment;
and
b. pay a sum equal to the agency shop fee described in Section
2.2.B.2 to a non-religious, non-labor, charitable fund chosen
by the employee from the following charities: Family and
Children's Trust Fund, Child Abuse Prevention Council and
Battered Women 's Alternative.
C. The Union shall provide the County with a copy of the Union's "Hudson
Procedure" for the determination and protest of its agency shop fees.
The Union shall provide a copy of said "Hudson Procedure" to every
fee payor covered by this MOU within one month from the date it is
approved and annually thereafter, and as a condition to any change in
the agency shop fee. Failure by a fee payor to invoke the Union's
Hudson Procedure within one month after actual notice of the Hudson
Procedure shall be a waiver by the employee of their right to contest
the amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that
an employee is separated from the representation unit but shall be
reinstated upon the return of the employee to the representation unit.
The term separation includes .transfer out of the unit, layoff, and
leave of absence with a duration of more than thirty (30) days.
E. Annually, the Union shall provide the Director of Personnel with copies
of the financial report required pursuant to the Labor Management
Disclosure Act of 1959. Such report shall be available to employees in
the unit. Failure to file such a report within sixty (60) days after
(June 30,-) shall result in the termination of all agency shop fee
deductions without jeopardy to any employee, until said report is
filed.
F. Compliance.
1 . An employee employed in or hired into a job class represented by
the Union shall be provided with an "Employee Authorization for
Payroll Deduction" card by the Personnel Department.
2. If the form authorizing payroll deduction is not returned within
thirty (30) calendar days after notice of this agency shop fee
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provision and the union dues, agency shop fee, initiation fee or
charitable contribution required under Section 2.2.6,3 are not
received, the Union may, in writing, direct that the County withold
the agency shop fee and the initiation fee from the employee's
salary, in which case the employee's monthly salary shall be
reduced by an amount equal to the agency shop fee and the County
shall pay an equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against
any and all claims, demands, suits , orders, or judgments, or other
forms of liability that arise out of or by reason of this union
security section , or action taken or not taken by the County under this
Section. This includes, but is not limited to, the County's Attorneys'
fees and costs. The provisions of this subsection shall not be subject
to the grievance procedure.
H. The County Personnel Department shall monthly furnish a list of all new
hires to the Union.
I. In the event that employees in a bargaining unit represented by the
Union vote to rescind "Agency Shop", the provisions of. Section 2.3, 2.4
and 2.5 shall apply to dues-paying members of the Union.
2.3 Maintenance of Membership. All employees represented by the Union who are
currently paying dues to the Union and all employees in such unit who hereafter
become members of the Union shall as a condition of continued employment pay
dues to the Union for the duration of this Memorandum of Understanding and each
Year thereafter so long as the Union continues to represent the classification
to which the employee is assigned, unless the employee has exercised the option
to cease paying dues in accordance with Section 2.5.
2.4 Employees hired into classifications represented by the Union shall , as a
condition of employment at the time of employment, complete a Union dues
authorization card provided by the Union and shall have deducted from their
paychecks the membership dues of. the Union. Said employees shall have thirty
(30) days from the date of hire to decide if they do not want to become a member
of the Union. Such decision not to become a member of the Union must be made in
writing to the Auditor-Controller with a copy to the 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, he/she shall be deemed to have voluntarily agreed to pay
the dues of the Union.
Each such dues authorization form referenced above shall include a statement
that the Union and ,the County have entered into a 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 thirty (30) days of employment upon proper written notice by the employee
within said thirty (30) day period as set forth above. Each such employee.
shall , upon completion of the authorization form, receive a copy of said
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authorization form which shall be deemed proper notice of his or her right to
revoke said authorization.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department
in writing, between July 1 , 1991 and July 31 , 1991 , any employee assigned to a
classification represented by the Union may withdraw from Union membership and
discontinue paying dues as of the payroll period commencing August 1 , 1991 ,
discontinuance of dues payments to then be reflected in the August 10, 1991
paycheck. Immediately upon close of the above mentioned thirty (30) day period
the Auditor-Controller shall submit to the Union a list of the employees who
have rescinded their authorization for dues deduction.
2.6 Communicating With Employees. The Union shall be allowed to use designated
portions of bulletin boards or display areas in public portions of County
buildings or in public. portions of offices in which there are employees
represented by the Union, provided the communications displayed have to do with
matters within the scope of representation and further provided that the
employee organization appropriately posts and removes the. information. The
department head reserves the right to remove objectionable materials after
notification and discussion with the Union.
Representatives of the Union, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if
arranged through the Department Head or designated representative; said
representatives may distribute employee organization literature in work areas
(except work areas not open to the public) if the nature of the literature and
the proposed method of distribution are compatible with the work environment and
work in progress. Such placement and/or distribution shall not be performed by
on-duty employees.
The Union shall be allowed access to work locations in which it represents
employees for the following purposes:
A. To post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact a union officer
on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with
County services. r`
2.7 Use of County Buildings. The Union shall be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-
work hours when :
A. Such space is available and its use by the Union is scheduled twenty-four
(24) hours in advance;
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B. there is no additional cost to the County;
C. it does not interfere with normal County operations;
D, employees in attendance are not on duty and are not scheduled for duty;
E. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and
maintain scheduling of such uses. The Union shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited , even though it may be present in the meeting area.
2.8 Advance Notice. The Union shall , except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the Board , or boards and commissions designated by the Board, and to
meet with the body considering the matter.
On matters within the scope of representation the County agrees that the
Personnel Department will notify a Union's designee(s) when an issue within the
scope of representation is placed on the Board 's agenda.. If there is
insufficient time to meet and confer on an issue prior to the Board's meeting,
the item shall be deferred if so requested by the Union.
In cases of emergency when the Board, or boards and commissions designated by
the Board, determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification which is in the
Social Services Unit or Community Aide Unit that their classification is
represented by Local 535 , and the name of a representative of Local 535.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
political opinion , sex, sexual orientation, or Union activities against any
employee or applicant for employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State and Federal law there
shall be no discrimination because of age or physical handicap.
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SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to attend meetings held by County
agencies during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting;
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B, if their attendance is sought by a hearing. body for presentation of
testimony or other reasons;
C. if their attendance is required for meetings required for settlement of
grievances filed pursuant to Section 23 (Grievance Procedure) of this
Memorandum;
D. if they are designated as a shop steward , in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to
present a grievance.
E. if they are designated as spokesperson or representative of the Union and
as such make representations or presentations at meetings or hearings on
wages, salaries and working conditions; provided in each case advance
arrangements for time away from the employee's work station or assignment
are made with the appropriate department head or designee, and the County
agency calling the meeting is responsible for determining that the
attendance of the particular employee(s) is required.
4.2 Union Representatives. Except in the Social Services Department, official
representatives of the Union shall be allowed time off on County time for
meetings during regular working hours .when formally meeting and conferring in
good faith or consulting with the Employee Relations Officer or other management
representatives on matters within the -scope of representation, provided that the
number of .such representatives -shall not exceed two (2) without prior approval
of the Employee Relations Officer, and that advance arrangements for the time
away from the work station or assignment are . made with the appropriate
Department Head or designee.
4.3 In the Social Service Department, the Union shall designate five (5)
representatives who shall be allowed time off on County time with corresponding
reduction in . work assignments , up to sixteen (16) hours per week per
representative, for meetings during regular working hours when formally meeting
and conferring in good faith or consulting with the Employee Relations Officer
or other management representatives on matters within the scope of
representation or for the reasons as provided in 4.1 .A through 4.1 .E above. In
each case, advance arrangements for time away from the 'employee's work
assignment shall be made with the Department Head or designee. Such
representatives from other departments shall be allowed time off as provided in
Section 4.2 and the representatives designated in this Section shall not in the
aggregate exceed five (5) employees.
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4.4 The Union may designate stewards in the Social Service Department who may
be allowed to attend meetings held on County time for the purposes provided in
4.13 above. ' In each case, advance arrangements for time away from the
employee's work assignment shall be made with the Department Head or designee.
The number of stewards for the following offices shall be:
Muir Road 2
Marina West 2
Hilltop 1
E1 Sobrante l
Rodeo 1
Stanwell 1
Antioch _ 2
CMSE 1
If during the term of this Memorandum of Understanding offices. are combined or
created , the Union may designate one (1 ) steward for each new office and two. (2)
stewards for any office with one hundred (100) or more represented employees.
4.5 The Union shall notify in writing the Department Head or designee of those
persons designated as official representatives and as stewards and of any
changes of such designations when made.
SECTION 5 - SALARIES
5.1 General Wage Increases
A. Effective October 1 , 1989 the employees in each represented
classification shall receive a general wage increase of 39 levels on
the County Salary Schedule (4%) .
B. Effective January 1 , 1990 each represented classification shall receive
a general wage increase of 20 levels on the County Salary Schedule
(2%) .
C. Effective October 1 , 1990 each represented classification shall receive
a 9eneral wage increase of 49 levels on the County Salary Schedule
(5%) .
5.2 Pay Equity Adjustments
A. Effective January 1 , 1990 each female dominated represented
classification shall receive a pay equity wage increase of 20 levels on
the County Salary Schedule (2%) .
B. Effective January 1 , 1991 each female dominated represented
classification shall receive a pay equity wage increase of 10 levels on
the County Salary Schedule (1%) .
5.3 Lump Sum Payment
In lieu of a retroactive pay requiring special payroll recomputation
processing back to July 1 , 1989, the County will make a "lump sum payment"
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to each employee for the months of July August, and September 1989
computed as follows: Employee regular pay, overtime pay, and specific
other earnings ordinarily computed as a percentage of base pay will be
added together for each applicable pay period to determine the "Retro Pay
Base" (RPB) . This base will then be multiplied by 4% to arrive at the
employee's lump sum payment. The payment amount thus computed will be
added to the employee's November 10th paycheck where it will be listed
separately as a "LUMP SUM PAYMENT" subject to normal tax withholding and
retirement deduction requirements.
5.4 P. Equity
A. A pay equity study using point factor methodology will be carried out
by the County using County Staff and resources. The County shall
attempt. to complete the study as early as possible, but no later than
March 1 , 1991 .
B. Recommendations from the Pay Equity Study shall be submitted to the
Board of Supervisors for approval .
C. Pay Equity recommendations which are approved by the Board of
Supervisors shall be implemented in such fashion that the County will
provide fifty cents in pay equity adjustments for each one dollar
general wage increase authorized for the classifications represented by
the participating unions collectively, provided that the total of pay
equity adjustments in any fiscal year shall not exceed twenty-five
percent of the general payroll increase.
D. Pay Equity Adjustments resulting from the study shall be subject to
meeting and conferring for a successor Memorandum of Understanding
commencing October 1 , 1991 .
F. Each participating union will promise not to bring or support
comparable worth or pay equity litigation against Contra Costa County
or any agent, servant, officer, or employee of Contra Costa County and
further promise that in the event litigation advancing comparable worth
or pay equity claims is brought against the County or any of its
agents, servants, officers, or employees, within five years from the
effective date of this agreement, by any person(s) employed or formerly
employed in a class(s) represented by the participating unions, the
union(s) representing such class(s) shall each pay up to five thousand
dollars ($5000) of the County's attorney fees and costs; provided that
the union is not named as a 'co-defendant in such litigation.
5.5 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.
5.6 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions , anniversary dates will be set as follows:
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A. New Employees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the employee
successfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday of the
month the anniversary date is the first day of the calendar month when
the employee successfully completes six months service.
B. Promotions. The anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.6 A above.
C. Demotions. The anniversary of a demoted employee is the first day of
the calendar month after the calendar month when the demotion was
effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of
an employee who is transferred to another position or one whose
position has. been reallocated or reclassified to a class allocated to
the same salary range or to a salary range which is within. five (5)
percent of the top step of the previous classification, remains
unchanged.
E. Reemoloyments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and
not required to serve a probation period is determined in the same way
as the anniversary date is determined for a new employee who is
appointed the same date, classification and step and who then
successfully completes the required probationary period.
F. Notwithstanding other provisions of this Section 5, the anniversary of
an employee who is appointed to a classified position from outside the
County's merit system at a rate above the minimum salary for the
employee's new class, or who is transferred from another governmental
entity to this County's merit system, is one (1 ) year from the first
day of the calendar month after the calendar month when the employee
was appointed or transferred; provided however, when the appointment or
transfer is effective on the employee's first regularly scheduled work
day of that month, his/her anniversary is one (1 ) year after the first
calendar day of that month.
5.7 Increments Within Range. In the Social Service Department the performance
of each employee, except those employees already at the maximum salary step of
the appropriate salary range, shall be reviewed on the anniversary date as set
forth in Section 5.6 to determine whether the salary of the employee shall be
advanced to the next higher step in the salary range. Advancement shall be
granted based on the overall performance rating of "standard" or based: on the
affirmative recommendation of the appointing authority. Based on the overall
performance rating of "below standard" , the appointing authority may recommend
denial of the increment subject to one additional review at some specified date
before the next anniversary which must be set at the time submitted by the
Appointing Authority.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1 ) step within-range
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increment be granted at one time, except as otherwise provided in deep class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make .the granting of increments mandatory
on the County. If an operating department verifies in writing that an adminis-
trative 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.
5.8 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours. per week in the employee's part-time work schedule bears
to the number of hours in the full-time work schedule of the department.
5.9 Compensation for Portion of Month. Any employee who works less than any
full calendar month, except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount which is in the same ratio
to the established monthly rate as the number of days worked is to the actual
working days in such employee's normal work schedule for the particular month;
but if the employment is intermittent, compensation shall be on an hourly basis.
5.10 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the
basic salary schedule as is the class of the position before it was
. reclassified, shall be paid at the same step of the range as the employee
received under the previous classification. ,
An incumbent of a position which is reclassified to a class which is allocated
to a lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has .been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification.. The salary of an incumbent of a position which is reclassified
to a class which is allocated to a range of the basic salary schedule greater
than the range of the class of the position before it was reclassified shall be
governed by the provisions of Section 5.12 - Salary on Promotion.
5.11 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which
is reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall
be compensated at the same step in the new salary range the employee
was receiving in the range to which the class was previously
allocated. If the reallocation is from one salary range with more
steps to a range with fewer steps or vice versa, the employee shall be
compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary
received before reallocation to the top step of the old range, but in
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no case shall any employee be compensated at less than the first step
of the range to which the class is allocated.
B. In the event that a classification is ' reallocated from a salary range
with more steps to a salary range with fewer steps on the salary
schedule, apart from the general salary increase or decrease described
in Section 5.11 .A above, each incumbent of a position in the
reallocated class shall be placed upon the step of the new range which
equals the rate of pay received before the reallocation. In the event
that the steps in the new range do not contain the same rates as the
old range, each incumbent shall be placed at the step of the new range
which is next above the salary rate received in the old range, or if
the new range does not contain a higher step, at the step which is
next lower than the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as above
or below the salary range of the employee's previous class, the
incumbent shall be placed at the step in the new class which equals
the rate of .pay received before reallocation. In the event that the
steps in the range for the new class do not contain the same rates as
the range for the old class, the incumbent shall be placed at the step
of the new range which is next above the salary rate received in the
old range; or if the new range does not contain a higher step, the
incumbent shall be placed at the step which is next lower than the
salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any, shall
supercede Section 5.11 .
5.12 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 5.16, shall receive the salary in the new
salary range which is next higher than the rate received before promotion. In
the event this increase is less than five (5) percent, the employee's salary
shall be adjusted to the step in the new range which is at least five (5)
percent greater than the next higher step; provided, however, that the next step
shall not exceed the maximum salary for the higher class.
5.13 Salary on Appointment From a Layoff List. In the event of the appointment
of a laid off employee from the layoff list to the class from which the employee
was laid off, the employee shall be appointed at the step which the employee had
formerly attained in the higher class unless such step results in an increase of
less than five (5) percent, in which case the salary shall be adjusted to the
step_ in the new range which is 'five (5) percent greater than the next higher
step, if the new range permits such adjustment.
5.14 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.15, shall have his salary reduced to the monthly salary
step in the range for the class of position to which he has been demoted next
lower than the salary received before demotion. In the event this decrease is
less than five (5) percent, the employee's salary shall be adjusted to the step
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in the new range which is five (5) percent less than the next lower step;
provided, however, that the next step shall not be less than the minimum salary
for the lower class. Whenever the demotion 'is the result of layoff,
cancellation of positions or displacement by another employee with greater
seniority rights, the salary of the demoted employee shall be that step on the
salary range which he would have achieved had he been continuously in the
position to which he has been demoted, all within-range increments having been
granted.
5.15 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class
from which he or "she demotes, unless the Board provides otherwise by resolution,
his or her salary shall remain the same if the steps in his or her new (demoted)
salary range permit, and if not, new salary shall be set at the step next below
former salary.
5.16 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the
event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the ;old range.
Whenever a permanent employee transfers to or from a deep class, as provided in
the appropriate deep class resolution, the salary of the employee shall be set
as provided in the deep class resolution at a step not to exceed a five (5)
percent increase in the employee's base salary. However, if the deep class
transfer occurs to or from a deep class with 'specified levels identified for
certain positions and their incumbents, the employee's salary in the new class
shall be set in accordance with the section on "Salary on Promotion" if the
employee is transferring to another class or to a level in a deep class for
which the salary is at least five (5) percent above the top base step of the
deep class level or class in which they have status currently.
5.17 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which
the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the rate of
pay established for the higher classification pursuant to Subsection 5.12 -
Salary on Promotion of this Memorandum, commencing on the eleventh (11th) work
day of the assignment, under the following conditions :
1 . The employee is assigned to a program service, or activity established by
the Board of Supervisors which is reflected . in an authorized position
which has been classsi-fied and assigned to the Salary Schedule.
2. The nature of the departmental assignment is such that the employee in the
lower classification becomes fully responsible for the duties of the
position of the higher classification.
3. Employees selected for the assignment will normally be expected to meet
the minimum qualifications for the higher classification.
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4. Pay for work in a higher classification shall not, be utilized as a substi-
tute for regular promotional procedures provided in this Memorandum.
5. The appropriate authorization form has been submitted by the Department
Head at least eight (8) days prior to the expiration of the ten (10) day
waiting period and approved by the County Administrator.
6. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
7. If approval is granted for pay for work in a higher classification and the
assignment ' is terminated and later reapproved for the same employee within
thirty (30) days, no additional waiting period will be required.
8. Any incentives (e.g. , the education incentive) and special differentials
(e.g. , bilingual differential and hazardous duty differential ) accruing to
the employee in his/her permanent position shall continue.
9. During the period of work for higher pay in a higher classification, an
employee will retain his/her permanent classification, and anniversary and
salary review dates will be determined by time in that classification.
10. Allowable overtime pay, shift differential and/or work location differen-
tials will be paid on the basis of the rate of pay for the higher class.
5.18 Payment.. On the tenth (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided , however, that each employee
(except those paid on an hourly rate) may choose to receive an advance on the
employee's monthly salary, in which case the Auditor shall , on 'the twenty—fifth
(25th) day of each month, draw his warrant upon the Treasurer in favor of such
employee.
The advance shall be in an amount equal to one-third (1/3) 'or less, at the
employee's option, of the employee's basic salary of the previous month except
that it shall not exceed the amount of the previous month's basic salary less
all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section,,' 5.18, 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.
5.19 Pay Warrant Errors. If an employee receives a pay warrant which has an
error in the amount of compensation to be received and if this error occurred as
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a result of a mistake by the Auditor-Controller's Department, it is the policy
of the Auditor-Controller's Department that the error will be corrected and a
new warrant issued ,within 48 hours, exclusive of Saturdays, Sundays and Holidays
from the time the department is made aware of and verifies that the pay warrant
is in error.
Pay errors discovered by the County on or after January 1 , 1986 found in
employee pay shall be corrected as soon as possible as to current pay rate but
that no recovery of either overpayments or underpayments to an employee shall be
made retroactively except for the two (2) year period immediately preceding
discovery of the pay error. This provision shall apply regardless of whether
the error was made by the employee, the Appointing Authority or designee, the
Director of Personnel or designee, or the Auditor-Controller or designee.
Recovery of fraudulently accrued over or underpayments are excluded from this
section for both parties.
When the County notifies an employee of an overpayment and a proposed repayment
schedule, the employee may accept the proposed repayment schedule or may request
a meeting through the County Personnel Department. If requested, a meeting
shall be held to determine a repayment schedule which shall be no longer than
one and one-half times (1-1/2) the length of time the overpayment occurred.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 The normal work week of County employees is forty (40) hours between 12 :01
a.m. Monday to 12 :00 midnight Sunday, usually five (5) eight (8) hour days;
however, where operational requirements of a department require deviations from
the usual pattern of five (5) eight (8) hour days per work week, an employee's
work hours may be scheduled to meet these requirements, but his working time
shall not exceed an average of forty" (40) hours per seven (7) day period
throughout an operational cycle, and the Department Head shall prepare written
schedules in advance to support all deviations, the schedules to encompass the
complete operational cycle contemplated.
6.2 Stag eq red Work Schedule. The Social Service Department shall continue to
operate a staggered work schedule plan. Office hours - shall remain open to the
public from 8:00 a.m. to 5:00 p.m. , Monday through Friday. Permanent full-time
employees shall have the option to select, subject to prior approval of the
department, an eight (8) hour day, forty (40) hour workweek schedule consisting
of work hours which may be other than the normal 8:00 a.m. to 5 :00 p.m. or 4 :30
p.m. work schedule. The following shall serve as the basic criteria for the
staggered shift:
A. All employees must be present at their office or otherwise engaged in
the duties of their position during the core hours of 10:00 a.m. and
3:30 p.m.
B. Work schedules must remain within the hours of 7 :00 a.m. and 7 :00 p.m.
C. The selected staggered work schedule shall consist of the same hours of
work each day except for when a schedule including one varying eight
hour workday is necessary to provide "officer of the day" coverage or
for other specific circumstances in which the department determines
16
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that such a varying schedule is appropriate. The decision of the
Department Head or designee shall be final .
D. Lunch periods of one (1 ) or one half (1/2) hour shall be scheduled. In
the event that the employee desires to change the scheduled lunch hour
from one .(1 ) hour to one half (1/2) hour, or from one half (1/2) hour
to one (1 ) hour, that change must be approved in advance by the
Department Head or designee. Lunch periods shall be taken .within one
(1 ) hour of the midpoint of the employee's scheduled workday.
E. Each work unit designated by placement under a single line supervisor
shall have at least one line worker in the office during the hours of
8:00 a.m, to 5 :00 p.m. Each such unit shall also have at least one
additional line worker in-the office or otherwise engaged in the duties
of their positions during the hours of 8:00 a.m. and 4:30 p.m. There
are two situations in which exceptions may be made to these minimum
coverage provisions. Units which are placed under a single supervisor
but which are split between two or more buildings may be clustered with.
another unit of a like program function in the immediate work areas of
the same building for the purpose _ of maintaining minimum coverage
during the time period between 4:30 p.m. and 5 :00 p.m. A unit of three
or fewer workers may be clustered with another unit of a like program
function in the immediate work area for purpose of maintaining minimum
coverage, provided that the total number of workers in the units so
clustered shall not exceed eight (8) .
F. Each employee's proposed staggered schedule must be submitted in
writing and approved by the Department Head or designee prior to
implementation.
G. Changes in staggered schedules shall be requested in writing and must
have the approval of the Department Head or designee prior to
implementation.
H. Conflicting requests for schedules shall be resolved by the Department
Head whose decision shall be final .
I. In the event coverage within a location becomes temporarily reduced as
a result of scheduling revisions or absenteeism, employees will be
expected to assure that the necessary functions are performed,
particularly the answering of telephones.
J. It is understood that an individual employee's schedule may be changed
due to the needs of the department.
K. In the event this staggered scheduling provision is found by the
department to be inconsistent with the needs of the department, the
department shall so advise representatives of Local 535 and the County
and the Union shall meet and confer in an attempt to resolve the
inconsistency.
The Public Health Division of the Health Services Agency shall institute, within
clinic and caseload requirements, a staggered hours work schedule plan in which
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permanent full-time Social Workers and Eligibility Workers shall have the option
to request, subject to prior approval of the Department Head or designee, an .
eight (8) hour day, forty (40) hour work week schedule consisting of work hours
which may be other than the normal 8:00 a.m. to 5 :00 p.m. , Monday through
Friday. The following shall serve as the basic criteria for departmental
approval
A. All employees must be present at their office or otherwise engaged in
the duties of their position during the core hours of 9:00 a.m. to
4:00 p.m.
B. Work schedules must remain within the hours of 7 :30 a.m. and 5 :30 p.m.
except for specific assignments which may require work beyond those
hours .
C. The selected staggered work schedule shall consist of the same ei-ght
hour work days as is necessary to provide coverage during the hours of
8:00 a.m. to 5 :00 p.m. The decision of the Department Head or designee
shall be final .
D. Lunch periods of one (1 ) or one-half (1/2) hour shall be scheduled
subject to the approval of the Department Head or designee. In the
event that the Social Worker or Eligibility Worker desires to change
the scheduled lunch hour from one (1 ) hour to one-half (1/2) hour, or
from one half (1/2) hour to one (1 ) hour, that change must be approved
in advance by the Department Head or designee.
E. Each proposed staggered schedule must be submitted in writing and
approved by the Department Head or designee prior to implementation.
F. Changes in staggered schedules shall be requested in writing and must
have the approval of the Department Head or designee prior to
implementation.
G. Conflicting requests for schedules shall be resolved by the Department
Head or designee, and this decision shall be final .
H. In the event coverage within an area office becomes temporarily reduced
as a result of program. changes, scheduling revisions, absenteeism, or
reductions in staffing, the department may adjust Social Worker and
Eligibility Worker schedules and/or duties to assure that the necessary
functions of the department are performed.
I. It is understood that an individual employee's schedule may be changed
due to the needs of the department.
l' J. In the event this staggered scheduling provision is found by the
department to be inconsistent with the needs of the department, the
department shall so advise representatives of Local 535 and the County
and the Union shall meet and confer in an attempt to resolve the
inconsistency.
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6.3. 9/80 Schedules. The practice within the Social Service Department
governing the authorization for certain employees to work a schedule of (8) nine
hour days and (1 ) eight hour day in a two week scheduling period shall continue,
unless the parties mutually agree to changes in such practice.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty
(40) hours per week or eight (8) hours per day. All overtime shall be
compensated for at the rate of one and one-half (1-1/2) times the employee's
base rate of pay (not including shift and other special differentials) .
Overtime for permanent employees is compensated in increments of one-half hour
by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in positions which work
around the clock (such as the County Hospital , Jails, Juvenile Hall and Boys'
Ranch) shall be provided a choice as to whether they shall be paid at the
overtime rate or shall receive compensatory time off at the rate of one and one-
half (1-1/2) hours _ compensatory time off for each hour worked. Such
compensatory time off, and the accumulation thereof shall be in addition to, the
total vacation accumulation permitted under the terms of this Memorandum of
Understanding. The specific provision of this accumulation are set forth in
Section 12.4 of this Memorandum of Understanding. Regular overtime for twenty-
four (24) hour institutional employees may be accrued as compensatory time in
accordance with Section 7.3 of this Memorandum of Understanding.
7.2 Compensatory Time.
A. Employees receiving overtime pay who wish to accrue compensatory time
off in lieu of overtime pay shall notify the department on the approved
form indicating their desire to accrue compensatory time off at least
seven (7) calendar days prior to July 1 of each year.
Employees accruing compensatory time off and who wish to continue to
accrue compensatory time off in a subsequent fiscal year are not
required to notify the department.
An employee wishing to change the method of overtime compensation
(overtime pay to compensatory time off or compensatory time off to
overtime pay) during the fiscal year may do so by notifying the
department on the approved form with thirty (30) days notice of such
change. Only one such change shall be allowed per fiscal year.
B. The names of those employees electing to accrue compensatory time off
shall be placed on, a list maintained by the department. At time of
appointment, newly appointed employees may elect to accrue compensatory
time off in lieu of overtime pay by notifying the department on the
approved form.
C. Compensatory time off shall be accrued at the rate of one and one-half
(1-1/2) times the actual authorized overtime hours worked by the
employee.
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A permanent part-time employee shall accrue compensatory time off at
the rate of one (1 ) hour for each hour worked in excess of the
employee' s regular work week for those hours which are not authorized
overtime.
D. Employees may not accrue a compensatory time off balance that exceeds
one hundred twenty (120) hours (i .e. eighty (80) hours at time and
one-half) . Once the maximum balance has been attained, authorized
overtime hours worked will be paid at the overtime rate. If the
employee's balance falls below one hundred twenty (120) hours, the
employee shall again accrue compensatory time off for authorized
overtime hours worked until the employee's balance again reaches one
hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the next
fiscal year; however, as provided in D above, accrued compensatory time
off balances may not exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his designee and the employee.
Compensatory time off shall not be taken when the employee would be
replaced by another employee who would be eligible to receive, for time
worked, either overtime payment or compensatory time accruals as
provided for in this Section. This provision may be waived at the
discretion of the Department Head or his designee.
G. When an employee promotes, demotes or transfers from the classification
eligible for compensatory time off to another classification eligible
for compensatory time off within the same de artment, the employee's
accrued compensatory time off balance will be carried forward with the
employee.
H. Compensatory time accrual balances will be paid off when an employee
moves from one department to another through promotion, demotion or
transfer. Said payoff will be made in accordance with the provisions.
and salary of the class from which the employee is promoting, demoting
or transferring as provided in I. below.
I. Since employees accrue compensatory time off at the rate of one and
one-half (1-1/2) hours for each hour of authorized overtime worked,
accrued compensatory time balances shall be paid off at the straight
time rate (two-thirds (2/3) the overtime rate) for the employee's
current salary:
Whenever:
-J'- -
1 . the employee changes status and is no longer eligible for
compensatory time off;
2. the employee promotes, demotes or transfers to. another department;
3. the employee separates from County service;
20
4. the employee retires;
5. the employee is granted a leave of absence.
J. Compensatory time off shall be accrued and taken in increments of one--
half (1/2) hour..
K. The Office of the County Auditor-Controller will establish timekeeping
procedures to administer this section.
7.3 Part-Time Differential . If an employee. in the Social Services Department,
assigned to a permanent part-time position, is requested to work on his/her
scheduled day off after the scheduled office hours, such employee shall receive,
in addition to their regular base rate of pay, a differential of one-half (1/2)
their regular base rate of pay.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at the appropriate rate
for the actual time worked plus one (1 ) hour. Such employee called back shall
be paid a minimum of two (2) hours at the appropriate rate for each call back.
SECTION 9 - ON-CALL DUTY
On call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his superior can
reach him on ten (10) minutes notice or less. An employee assigned to on-call
time shall be paid one (1 ) hour of straight time credit for each four (4) hours
on such 'on-call time.
Those positions which are on-call shall be designated by the appointing
authority whose decision is final . Assignment to an on-call position shall be
in accordance with Section 37.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential , employees shall receive five
(5) percent above their base salary rate.
To qualify for shift differential , an employee must have. a regularly assigned
daily work schedule which requires:
A. Completion of more than one and one-half (1-1/2) hours over the normal
actual working time; or
--;-
B. At least four (4) hours of actual working time from 5:00 p.m. through 9:00
a.m. inclusive.
However, employees who have been regularly working a shift qualifying for
shift differential immediately preceding the commencement of .a vacation,
paid sick leave period, paid disability or other paid leave, will have
shift differential included in computing the pay for their leave. The paid
21
leave of an employee who is on a rotating shift schedule shall include the
shift differential that would have been received had the employee worked
the shift for which the employee was scheduled during such period.
Shift differential shall only be paid during paid sick leave and paid
disability as provided above for the first thirty (30) calendar days of
each absence.
SECTION 11 - UNION NOTIFICATION OF WORKFORCE REDUCTION
11 .1 . Workforce Reduction. In the event funding reductions or shortfalls in
funding occur in the Social Service Department, the. Department, after notifying
the Union of its intent to implement this procedure, shall effect the following
actions as necessary to alleviate layoffs :
A. Identify the classification(s) in which reductions must occur due to
funding reductions or shortfalls.
B. Advise all employees in the identified classification(s).
' C. Accept all voluntary leaves of . absence from employees . in the
classification(s) being reduced.
D. Accept part-time requests from employees in the classification(s) to be
reduced to a minimum of twenty (20) hours per week; such part-time
requests shall be allowed only up to a maximum of one-third (1/3) of the
employees in the classification(s) identified for reduction.
E. Accept all requests for lateral transfer and voluntary demotions within
the Department to classifications not being reduced, such requests shall
be honored on the basis of seniority only up to the number of vacant
authorized .positions in classifications not being reduced.
F. Offer employees in the classification(s) being reduced positions in the
same class which are designated as permanent intermittent. Employees
placed into such permanent intermittent status shall be restored to their
former status on the basis of seniority.
G. At such time as funding and authorization are available to increase
staffing in previously reduced programs, employees, who voluntarily
demoted, voluntarily reduced their work hours, or accepted permanent
intermittent positions due to workforce reduction, shall be offered in
order of seniority either increased hours or reinstatement to a position
in their former class; provided, however, the Department shall not be
obligated to offer an employee more than three positions in their former
class. An employee may notify the Department of his/her desire not to be
offered a position in their former class for ,a period not to exceed ninety
(90) calendar days. Such notification shall constitute a response to an
offer and may be exercised twice.
H. No actions taken by the Department shall be effected which alter an
employee's seniority rights unless said employee acknowledges such
alteration in seniority rights and still requests the change in status.
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I. If a layoff occurs after implementing the above provisions, the provisions
of Section 11 .2 shall govern such layoff.
11 .2 When it appears to 'the Department Head and/or Employee Relations Officer
that the Board of Supervisors may take action which will result in the layoff of
employees in a representation 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 County agrees to give employees ten (10) work days notice of layoff except
in cases of emergency.
11 .3 At layoff, employees will be provided with a letter that explains when
their layoff list expires and the last date for contacting the County to request
an extension.
11 .4 Salary on appointment from a layoff list shall be in accordance with the
provisions of Section 5.13.
11 .5 Severance Pay. For the "term of this Agreement only, permanent employees
in classifications represented by Social Services Union, Local 535 in the Social
Services Unit and the Community Aide Unit for whom work ceases to be available
as a result of a reduction in federal and state funding of Social Welfare
Programs, may--elect to be paid severance pay at the time of separation and such
separation from County service was not discharged for cause, resignation prior
to the date work ceased to be available, transfer to any other position in the
County, or whose separation from County employment is directly related to
obtaining employment in any other Federal , State, County or Local Agency without
interruption of employment.
Employees eligible for electing severance pay shallreceive severance pay in the
amount of eighteen hundred dollars ($1 ,800) at the time of. their separation from
County service.
It is further understood that severance pay is not a part of the County Salary
Plan and by accepting severance pay an employee relinquishes all claims to
employment with Contra Costa County and any and all preferential reemployment
rights and/or privileges with Contra Costa County and in particular waives the
benefits provided in Section 612 through Section 619 inclusive of the Personnel
Management Regulations of Contra Costa County.
Eligible employees electing the severance pay option will be required to
complete the following Severance Pay Separation Form:
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"I have received and read a copy of the Memorandum of Understanding between
Contra Costa County and Social Services Union, Local 535 dated
such Memorandum of Understanding has been approved by the Board of Supervisors
of Contra Costa County.
I acknowledge that I have terminated my employment with Contra Costa County
effective and that such termination was legally proper.
In consideration of and by acceptance of severance pay in the amount of Eighteen
Hundred Dollars ($1 ,800) , I waive any and all preferential reemployment rights
and/or privileges with Contra Costa County and in particular I waive the
benefits provided in Sections 612 through 619 inclusive of the Personnel
Management Regulations of Conwith Contra Costa County and in particular I waive
the benefits provided in Sections 612 through 619 inclusive of the Personnel
Management Regulations of Contra Costa County."
(Employee's Signature)
11 .6 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having permanent status in
position(s) in the merit service may be laid off when the position is
no longer necessary, or for reasons of economy, lack of work, lack of
funds or for such other reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s) .
B. Order of Layoff. The order . of layoff in a department shall be based
on inverse seniority in the class of positions, the employee in that
department with least seniority being laid off first and so on.
C. Layoff By Displacement.
1 . In the Same Class_. A laid off permanent full-time employee may
displace an employee in the department having less seniority in
the same class who occupies a permanent intermittent or permanent
part-time position, the least senior employee being displaced
first.
2. In the Same Levelor Lower Class. A laid off or displaced
employee who had achieved permanent status in a class at the same
or lower salary level as determined by the salary schedule in
effect at the time of ,layoff may displace within the department
and in the class an employee having less seniority; the least
senior employee being displaced first, and so on with senior
displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1 . Permanent intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
2. A permanent full-time employee may displace any intermittent or
part-time employee with less seniority (1 ) in the same class as
24
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provided in Section 11 .6 (C) , (1 ) or (2) in a class of the same or
lower salary level as provided in Section 11 .6 (C.2) if no full-
time employee in a class at the same or lower salary level has ,
less seniority than the displacing employees.
3. Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the
impact of a proposed layoff with the written approval of the
Director of Personnel or designee retain their permanent full-time
employee seniority rights for layoff purposes only and may in a
later layoff displace a full-time employee with less seniority as
provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the employee's
length of service in the particular class in question to the
employee's length of service in other classes at the same or higher
salary levels as determined by the salary schedule in effect at the
time of layoff. Employees reallocated or transferred without examina-
tion from one class to another class having a salary within five per-
cent of the former class shall carry the seniority accrued in the
former class into the new class. Service for layoff and displacement
purposes includes only the employee's last continuous permanent County
employment. Periods of separation may not be bridged to extend such
service unless the separation is a result of layoff in which case
bridging will be authorized if the employee is reemployed in a per-
manent position within the employee's layoff eligibility.
F. Eligibility for Layoff List. Whenever any person who has permanent
status is laid off, has been displaced, has been demoted by displace-
ment. or has voluntarily demoted in lieu of layoff or displacement, or
who has transferred in lieu of layoff or displacement, the person's
name shall be placed on the Layoff list for the class of positions
from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off or. displaced or when demoted as a result of a
layoff or displacement, or who have voluntarily demoted in lieu of
layoff or displacement or who have transferred in lieu of layoff or
displacement. Names shall be listed in order of layoff seniority in
the class from which laid off, displaced, demoted, or transferred on
the date of layoff, the most senior person listed first. In case of
ties in seniority, the seniority rules shall apply except that where
there is a class seniority tie between persons laid off from different
departments , the tie(s) shall be broken by length of last continuous
permanent County employment with remaining ties broken :by random
selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any person
laid off or granted reemployment privileges after application shall
continue on the appropriate list for a period of two (2) years.
Persons placed on layoff lists shall be continued on the list for an
additional two years if application for extension of eligibility is
made before the expiration of the original period of eligibility.
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I. Certification .of Persons From Layoff Lists. Layoff lists contain the
names of persons laid off, displaced or demoted by displacement or
voluntarily demoted in lieu of layoff or who have transferred in lieu
of layoff or displacement. When a request for personnel is received
from the appointing authority of a department, if a layoff list exists
for the class , the appointing authority shall receive and appoint the
eligible highest on the layoff list from that department; or in the
case that there is no layoff from that department, the appointing
authority shall 'receive and appoint the eligible highest on the layoff
list. However, if an eligible so certified is rejected during proba-
tion as referenced in Section 18.7 and 18.8 and restored to the layoff
list, the rejected employee will not again be certified to the depart-
ment from which rejected on probation unless the appointing authority
so requests.
J. Removal of Names From Reemployment and Layoff Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or
layoff list for any reason listed below:
1 . For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
2. On evidence that the eligible cannot be located by postal authori-
ties.
3. On receipt of a statement from the appointing authority or eli-
gible ,that the eligible declines certification or indicates no
further desire for appointment in the class.
4. If three offers of permanent appointment to the class for which
the eligible list was established have been declined by the eli-
gible.
5. If the eligible fails to respond to the Director of Personnel or
the appointing authority within five (5) days to written notice of
certification mailed by certified mail to the person's last known
address.
SECTION 12 - HOLIDAYS
12.1 The County will observe the following holidays:
A. January lst, 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
The last. Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as 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.
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B. Each full-time employee shall accrue two (2) hours of personal holiday
credit per month. Such personal holiday time may be taken in
increments of one-half (1/2) hour, and preference of personal holidays
shall be given to employees according to their seniority in their
department as reasonably as possible.
C. Permanent part-time employees shall receive personal holiday credit in
the same ratio to the personal 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.
D. Employees shall accrue their personal holiday credit during months
they are in pay status provided however that no employee may accrue
more than forty (40) hours of personal holiday credit beginning
January 1 , 1988. On separation from County service, an employee shall
be paid for any unused personal credits at the employee's then current
pay rate.
E. Employees in positions .which work around the clock shall continue to
celebrate Admission Day, Columbus Day, and Lincoln's Day.
12.2 The following provisions indicate how holiday credit is to be applied :
A. Employees on the five (5) day forty (40) hour Monday through Friday
work schedule shall be entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
B. . Employees on a work schedule other than Monday through Friday shall be
entitled to credit for. any holiday, whether worked or not, observed by
employees on the regular schedule.
C. For all employees , if a work day falls on a scheduled holiday they
shall receive overtime pay or equivalent compensatory time credit
(holiday credit) for working the holiday; or if a holiday falls on the
day off of an employee, the employee shall be given straight time pay
or equivalent compensatory time credit.
12.3 If any holiday listed in Section 12.1A above falls on a Saturday, it shall
be observed on the preceding Friday. If any holiday listed in Section
12.1 .A falls on a Sunday, it shall be observed on the following Monday.
12.4 . Accrual of Holiday Time & . Credit. Employees entitled to holiday credit
shall be permitted to elect between pay or compensatory time off in
recognition of holidays worked. The following procedures shall apply to
this selection:
A. Any person who is eligible and who elects to accrue holiday credit
must agree to do so for a full fiscal year (July 1 through June 30) 9
or the remainder thereof.
B. Employees starting work after a list of those electing to accrue
holiday credit has been submitted to the Auditor and approved, will be
27
t
paid overtime unless they. specifically request in writing within seven
(7) calendar days to be placed on the holiday credit accrual list.
C. Holiday time shall be accrued at the rate specified above to a maximum
of.eight (8) hours worked by the employee.
D. Accrued holiday credit may not be accumulated in excess of two-hundred
eighty-eight (288) working _hours, exclusive of regular vacation
accruals. After two-hundred eighty-eight (288) hours, holiday time
shall be paid at the rates specified above.
E. Accrued holiday credit may be taken off at times determined by mutual
agreement of the employee and the Department Head.
F. Accrued holiday credit shall be paid off only upon a change in status
of the employee such as separation, transfer to another department or
reassignment to a permanent-intermittent position.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time
per calendar month of service and begins on the date of appointment to a
permanent position. Increased accruals begin on the first of the month
following the month in which the employee qualifies. Accrual for portions of a
month shall be in minimum amounts of one (1 ) hour calculated on the same basis
as for partial month compensation pursuant to Section 5.9 of this Memorandum of
Understanding.
. Vacation may be taken in increments of one-half (1/2) hour.
Vacation credits may not be taken during the first six (6) months of employment
(not necessarily synonymous with probationary status) except where sick leave
has been exhausted; and none shall be allowed in excess of actual accrual at the
time vacation is taken.
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13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Employees in permanent part-time and permanent-intermittent positions shall
accrue vacation benefits on a pro-rata basis as provided in Section 36-1 .006 of
Board Resolution #81/1165.
13.3 No employee who has been granted a leave without pay or unpaid military
leave shall accrue any vacation credit during the time of such leave, nor shall
an employee who is absent without pay accrue vacation credit during the absence.
13.4 Vacation Allowance for Separated Employees. ' On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee 's then current pay rate.
13.5 Vacation Preference. Preference of vacation shall be given to employees
according to their seniority in their department as reasonably as possible.
SECTION 14 - SICK LEAVE
14.1 The purpose of paid sick leave is to insure employees against loss of pay
for temporary absences from work due to illness or injury. Sick Leave may be
used only as authorized; it is not paid time off which employees may use for
personal activities.
14.2 Sick leave credits accrue at the rate of eight (8) .working hours credit for
each completed month of service. Employees who work a portion of a month are
entitled to a pro rata share of the monthly sick leave credit computed on the
same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-half
(1/2) hour. Unused sick leave credits accumulate from year to year. When an
employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which
case the accumulated credits shall be restored if the employee is reemployed in a
permanent position within the period of his/her layoff eligibility.
Upon retirement, an employee's "accumulated sick leave shall be converted to
retirement time on the basis of oneiday of retirement service credit for each day
of accumulated sick .leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval , by an employee in pay status, but only in the following instances:
29
A. An employee may use paid sick leave credits when "the employee is off
work because of a temporary illness or injury.
B. Sick Leave may be used by permanently disabled employees until all
accruals of the employee have been exhaused or until the employee is
retired by the Retirement Board subject .to the conditions listed below.
For the purposes of this Section 14 permanent disability shall mean
the employee suffers from a disabling physical injury or illness and is
thereby prevented from engaging in any County occupation for which he
or she is qualified by reason of education, training or experience.
Sick leave credits may be used under this provision only when the
following requirements are met:
1 . An application for retirement due to disability has been filed with
the Retirement Board-and
2. satisfactory. medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of
sick leave for permanent disability. The appointing authority may
review medical evidence and order further examination as he/she
deems necessary, and may terminate use of sick leave when such
further examination demonstrates that the employee is not disabled,
or when the appointing authority determines that the medical
evidence submitted by the employee is insufficient, or where the
above conditions have not been met..
C. Communicable Disease. An employee may use paid sick leave credits
while under a physician's orders to remain secluded due to exposure to
a communicable disease.
D. 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
entitlements during such leave.
1 . Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of
disability from the employee's attending physician. The statement
must address itself to the employee's general physical condition
having considered the nature of the work performed by the employee,
and it must indicate the date of the commencement of the disability
as well as the date the physician anticipates the disability to
terminate. The appointing authority. retains the right to medical
review of all requests for such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee- %J-s-- not able to
properly perform her work or that her general health is impaired_
due to disability caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or recovery therefrom, the
employee shall be required to undergo a physical examination by a
physician selected by the County, the cost of such examination
shall be borne by the County. Should the medical report so
30
t
recommend , a mandatory leave shall be imposed upon the employee for
the duration of the disability. .
3. If all accrued sick leave has been utilized by the employee, the
employee shall be considered on leave without pay. Sick leave may
not be utilized after the employee has been released from the
hospital unless the employee has provided the County with a written
statement from her attending physician stating that her disability
continues and the projected date of the employee's recovery from
such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits for medical and dental appointments as follows:
1 . For working time used in keeping medical and dental appointments
for the employee's own care; and
2. For working time (not over thirty-two (32) hours in each fiscal
year) used by an employee for pre-scheduled medical and dental
appointments for an immediate . family member living in the
employee's home and for children and parents who may reside outside
of the employee's home. Such use of sick leave credits shall be
accounted for by the department on a fiscal year basis. Any
balance of the thirty-two (32) hours remaining at the end of the
fiscal year shall not be carried over to .the next year; departments
shall notify the employee if the maximum allowance is reached.
Authorization to use sick leave for this purpose is contingent on
availability of accumulated sick leave credits; it is not an
additional allotment of sick leave which employees may charge.
F. Emergency Care of Family. An employee may use paid sick leave for
working time used in cases of illness, or injury to, an immediate
family member living in the employee's home or for children and parents
who may reside outside of the employee's home.
G. Death of Family Member. An employee may use paid sick leave credits
for absence from work because of a death in the employee's immediate
family, but this shall not exceed three (3) working days plus up to two
(2) days of work time for necessary travel .
14.3 Administration of Sick Leave. Accumulated paid sick leave credits may not
be used in the following situations :
A. Vacation. For an employee's illness or injury while the employee is on
vacation except when extenuating circumstances exist and the appointing
authority approves.
B. Not in Pay Status. When the employee would otherwise be eligible to
use paid sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and
the Department Head. The following procedures apply:
31
A. ✓Employees are responsible for notifying their department of an absence
as early as possible prior to the commencement of their work shift or
not later than thirty (30) minutes thereafter if possible.
Notification shall include the reason and possible duration of the
absence.
B. Employees are responsible for keeping their department informed of
their continuing condition and probable date of return to work.
C,. Employees are responsible for obtaining advance approval from their
appointing authority or designee for the scheduled time of prearranged
personal or family medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse
of the sick leave privilege on the part of the employee is cause for disciplinary
action. To ascertain the propriety of claims against sick leave, Department
Heads may make such investigations as they deem necessary. The Department Head
may use, but is not limited to, the following procedures:
1 . Calling the employee, his/her family or attending physician if there is
one.
2. Obtaining the signature of the employee on the Absence/Overtime Record
or w another form established for that purpose, as a certification of
the legitimacy of the claim.
3. Obtaining a written statement explaining the claim for use of
accumulated sick leave credits.
4. Obtaining a physician's certificate covering the absence(s) indicating
that the employee was incapacitated.
5 . Writing a letter of inquiry about the employee's condition enclosing a
form to be filled out, signed and returned.
6. Obtaining a periodic statement of progress and medical certification in
absences of an extended nature.
Department Heads are responsible for establishing timekeeping procedures which
will insure the submission of a time card covering each employee absence and for
operating their respective offices in accordance with these provisions and with
clarifying regulations issued by the Office of the County Administrator.
14.4 Disability.
A. An employee physically or mentally incapacitated for the performance of
duty is subject to dismissal , suspension or demotion, subject to the
County Employees Retirement Law of 1937. An appointing authority after
giving notice may place an employee on leave if the appointing
authority has filed an application for disability retirement for the
employee, or whom the appointing authority believes to be temporarily
or permanently physically or mentally incapacitated for the performance
of the employee's duties.
32
B. An appointing authority who has reasonable cause to believe that there
are physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee's performance of duty, may order
the employee, to undergo at County expense and on the employee's paid
time, a physical , medical and/or psychiatric exmination by a licensed
physician and receive a report of the findings on such examination. If
the examining physician recommends. that treatment for physical or
mental health problems, including leave, are in the best interests of
the employee or the County in relation to the employee overcoming any
disability and/or performing his or her duties the appointing authority
may direct the employee to take such leave and/or undergo such
treatment.
C. Leave due to temporary or permanent disability shall be without
prejudice to the employee's right to use sick leave, vacation, or any
other benefit to which the employee is entitled other than regular
salary. The Personnel Director may order lost pay restored for good
cause and subject to the employee's duty to mitigate damages.
D. Before. ian employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two weeks
in duration , the appointing authority may order the employee to undergo
at County expense a physical ,; medical , and/or psychiatric examination
by a licensed physician, and may consider a report of the findings on
such examination. If the report shows that such employee is physically
or mentally incapacitated for the performance of duty, the appointing
authority may take such action as he deems necessary in accordance with
appropriate. provisions of this Memorandum of Understanding.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (a) or (b) above, the
employee shall be given notice of the proposed leave of absence or
suspension by letter or memorandum, delivered personally or by
certified mail , containing the following:
1 . a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which may
be indeterminate until a certain physical or mental health
condition has been attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon which
the action is taken;
5. a statement that the employee has until a specified date (not less
than seven (7) work days from personal delivery or mailing of the
notice) to respond to the appointing authority orally or in
writing.
F. Pending response to the notice the appointing authority for cause
33
specified in writing may place the employee on a temporary leave of
absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have
seven (7) work days to respond to the appointing authority either
orally or in writing before the proposed action may be taken.
H.- After having complied with the notice requirements above, the
appointing authority may order the leave of absence or suspension in
writing stating specifically the basis upon which the action is being
taken, delivering the order to the employee either personally or by
certified mail , effective either upon personal delivery or deposit in
the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may,
within ten (10) calendar days after personal delivery or mailing to the
employee of the order, appeal the order in writing through the Director
of Personnel to the Merit Board. Alternatively, the employee may file
a written election with the Director of Personnel waiving the
employee' s right to appeal to the Merit Board in favor of appeal to a
Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability
Review . Arbitrator, the employee has the burden of proof. to show that
either:
1 . the physical or mental health condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee's
performance of duty, or is not sufficient to endanger the health or
safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Personnel to the Merit Board for hearing
under the Merit Board' s Procedures, Section 1114-1128 inclusive.
Medical reports submitted in evidence in such hearings shall remain
confidential information and shall not be a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and
his representative) will meet with the County's representative to
mutually select the Disability Review Arbitrator, who may be a defacto
arbitrator, or a physician, or a rehabilitation specialist, or some
other recognized specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The decision of the
Disability Review-Arbitrator shall be binding on both the County and
the employee.
Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
34
b. The arbitrator may make his . decision based only on evidence sub-
mitted by the County and the employee.
C. The arbitrator may order back pay or paid sick leave credits for
any period of leave of absence or suspension if the leave or
suspension is found not to be sustainable, subject to the
employee's duty to mitigate damages.
d. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's association.
M. It is understood that the benefits specified in Sections 14 and 15
shall be coordinated with the rehabilitation program as determined by
the labor-management committee.
14.5 Workers' Compensation.
A. Employees who leave work as. a result of an on-the-job injury will have
the balance of that day charged to continuing pay. This will be con-
sidered as the last day worked for purposes of determining Workers'
Compensation benefits.
A permanent employee shall continue to receive full regular salary
during any period of compensable temporary disability absence.
"Compensable temporary disability absence" for the purpose of this
Section , is any absence due to work connected disability which quali-
fies for temporary disability compensation under Workers' Compensation
Law set forth in Division 4 of the California Labor Code. When any
disability becomes permanent, the salary provided in this Section shall
terminate. The employee shall return. to the County all temporary disa-
bility payments received by him/her from any County funded wage repla-
cement program. No charge. shall be made against sick leave or vacation
for these salary payments. Sick leave and vacation rights shall not
accrue for those periods during which salary payments are made.
The maximum period for the described salary continuation for any one
injury or illness shall be one year from the date of temporary disabi-
lity.
B. Continuing pay begins on the date of injury and continues until the
temporary disability ends, or until one (1 ) year from the date of
injury, whichever comes first. All continuing pay under the Workers'
Compensation Program will be cleared through the County Administrator's
Office, Risk Management Division.
C. Full Pay Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one year, '-ful`1-'salary will continue by
integrating sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration is no longer available,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
35
D.. Rehabilitation Integration.. An injured employee who is eligible for
Workers' Compensation Rehabilitation Temporary Disability benefits and
whose disability is medically permanent and stationary will continue to
receive full salary by integrating sick leave and/or vacation accruals
with Workers ' Compensation Rehabilitation Temporary Disability benefits
until those accruals are exhausted. Thereafter, the rehabilitation
temporary disability benefits will be paid directly to the employee.
E. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the continuing pay period and during
integration. of sick leave or vacation with Workers' Compensation bene-
fits .
ene-
fiis .
F. Method of Integration. An employee's sick leave and/or vacation
charges shall be calculated as follows : C = 8 11 - (W - S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.6 For the purposes of this Section _14 the immediate family shall be
restricted to the spouse, son , stepson, daughter, stepdaughter, father, step-
father, 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.
14.7 No employee who has been granted a leave without pay or unpaid military
leave shall accrue any sick leave credits during the time of such leave, nor
shall an employee who is absent without pay accrue sick leave credits during the
absence.
14.8 Integration of State Disbil� Benefits with the County Sick Leave
Benefit Program. Employees eligible for State Disability benefits and sick leave
benefits for any portion of disability shall be required to make application for
both benefits . The State Disability benefits shall be returned to the County to
be credited to the employees sick leave balance on the following basis:
1 . Integration with State Disability is automatic and cannot be waived.
2. The amount credited to the employees sick leave balance shall be converted
to sick leave hours by dividing the amount received from State Disability
Insurance ' by the employee's straight-time hourly rate, at the time of
payment, as determined by the appropriate salary schedule for the
employee's class of employment.
3. If the employee is eligible for State Disability Insurance benefits, appli=-�%- -;--
cation must be made and the benefits returned to the County for sick leave ;
credits so that the principle of integration is completed.
4. In the event an employee is not eligible for sick leave credits from the
County, there will be no integration and the employee shall not return
State Disability Insurance benefits to the County.
r
36
5. In the event an employee receives sick leave benefits for a portion of the
disability period, State Disability benefits must be utilized to restore
only those sick leave hours used during the period of disability.
6. _Restoration of sick leave balances shall be rounded to the nearest one-half
(1/2) hour.
7. In no instance will an employee be allowed to "purchase" sick leave not
accrued.
8. The County will provide separate accounting for the "purchased" sick leave
.to insure that State Disability Insurance benefits are not taxable.
14.9 Disability Insurance Review Committee. The County shall establish a
Disability Insurance Review Committee consisting of one representative from each
employee organization and four management representatives to review and recommend
to .the Director of Personnel the feasibility of implementing a self-funded and
self-administered disability insurance program.
14.10 Employee_Annual Health Examination. Employees of the County who work in a
Health Services Department facility will annually be required to complete a
Health Questionnaire and take a Tuberculosis Skin Test. A chest x-ray will be
required if the employee has previously had a positive reaction to a tuberculosis
skin test. ; However, employees will not be required to take x-ray exams in excess
of what is required. by applicable Federal and State laws.
Employees will also be requested to be screened for Rubella immunity. If the
result of the Rubella test is negative, the appointing authority or designee will
recommend that the employee become immunized. If the employee has direct patient
contact and refuses to become immunized, said employee will be relocated to an
indirect patient contact area.
14.11 County-wide Sick Leave Study. The County agrees to meet and confer with
the Union along with the other employee organizations in the coalition regarding
implementation of a revised County-wide Sick Leave' Policy* Such meet and confer
sessions shall take place during the term of this memorandum of understanding.
SECTION 15 - LEAVE OF ABSENCE
15.1 Leave Without Pte. 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, commencing with
the birth, adoption, or serious illness of a child or dependent parent.
Insofar as pregnancy disability leave is used under Section 14.20, 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 14), vacation, floating holiday or compensatory time off entitle-
ments during the 18 week parental leave; however, use of accruals must be on a
37
continuous basis from the beginning of the parental leave period and may not be
"broken" into segments used .on a monthly basis (except as may be required by SDI
buyback under Section 14.8) . Parental leave must be requested at least 30 days
prior to the scheduled leave commencement date unless an exigency arises.
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 his usefulness
on return to his 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. The procedure
in granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than fifteen (15)
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
his/her 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.
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 Personnel Director and not subject to appeal
through the grievance procedure set forth in Section 23 of this Memorandum of
Understanding.
15.2 Military Leave. Any employee who has permanent status in the merit system
and who is% required to serve as a member_ of the State Militia or the United
States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof,
shall be granted a military leave for the period of such service, plus ninety
(90) days. An employee who volunteers for such service shall be granted a leave
of absence, if necessary, in accordance with applicable state or federal law.
Upon the termination of such service or upon honorable discharge, the employee
shall be entitled to return to his/her position in the classified service
38
provided such still exists and the employee is otherwise qualified, without any
loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may
be accured at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional _examination, time on military leave shall be considered
as time in County service.
Any employee who has been granted a military leave, may upon return, be required
to furnish such evidence of performance of military service or of honorable
discharge as the Director of Personnel may deem necessary.
15.3 Parental Leave. If the State of California enacts a parental leave law
effective during the term of this Memorandum of Understanding applicable to the
County, the County will meet with the union regarding the implementation of such
law.
15.4 Leave of Absence Replacement. In the Health Services Department, any
permanent employee in the merit system who requests reinstatement to the
classification held by the employee at the . same time the employee was granted a
leave of absence, shall be reinstated to a position in that classification and
then only on the basis of seniority.
In the Social .Service Department an employee shall have the right to return to
the same class, building, and assignment (position control number) if the return
to work is within eighty-nine (89) consecutive days from the initial date the
employee started leave of absence. At such time the leave of absence is approved
by the Appointing Authority, the Social Service Department shall notify the
employee of the final date by which they shall return to be assigned to the same
position control number.
15.5 Salary Review While on Leave of Absence . The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has
not been absent from the position on leave without pay more than six (6) months
during the preceding year shall be reviewed on the anniversary date. Employees
on military leave shall receive salary increments that may accrue to them during
the period of military leave.
15.6 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.
_.
15.7 Time Off to Vote. Employees represented by the Union who do not have
sufficient time outside of working hours to vote at a statewide election, may,
without loss of pay, take off enough working time which will enable the employee
to vote.
No more than two (2) hours of the time taken off for voting shall be without loss
of pay. The time off for voting shall be only at the beginning or end of the
39
regular working shift, whichever allows the most free time for voting and the
least time off from the regular working shift.
Any employee seeking time off to vote under the provisions of this Section, must
submit a written request, at least two (2) working days in advance, to his or her
immediate supervisor, stating the following: name; job classification;
department; a statement "I am a registered voter"; geographic location and
address of the employee's polling place; amount of time off -requested and whether
it is to be at the beginning or end of the employee's regular work day; and a
clear statement as to why the employee is _unable to vote during the regular hours
that the polls are open.
SECTION 16 - JURY DUTY AND WITNESS DUTY
16.1 Jury Duty. If called for jury duty in a Municipal , Superior, or Federal
Court, or for a Coroner's jury, employees may remain in their regular pay status,
or they may take vacation leave or leave without pay and retain all fees and
expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees (other than mileage allowances) received, the employee
shall obtain from the Clerk or Jury Commissioner a certificate which shall
indicate the days attended and the fact that fees other than mileage are waived.
The employee shall furnish the court certificate to his/her department, which
shall be retained as a department record. When serving jury duty in a federal
court, an employee shall return all fees (other than mileage allowance) received
to the County.
When an employee is called for jury duty and elects to retain all fees, the
employee must take vacation leave or leave without pay. No court certificate is
required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
Permanent intermittent employees are entitled paid jury duty leave only for those
days on which they were previously scheduled to work.
16.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may
remain in their regular pay status and turn over to the County all fees and
expenses paid to them (other than mileage allowances) or they make take vacation
leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g. , accident suits and family relations) shall take vacation leave or leave '
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16 of this Memorandum of Understanding.
Employees shall advise their department as soon as possible if scheduled to
appear for witness duty. Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were previously scheduled to work.
s 40
SECTION 17 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
17.1 The County 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,
1st Choice Health Plan and H.E.A.L.S. Health Plan (to be terminated 12/31/89) to
all permanent employees regularly scheduled to work twenty (20) or more hours per
week.
17.2 Health Plan Options & Rates . Effective November 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 $106.82 $100.59 $ 6.23
Delta 124.63 108.23 16.40
Safeguard 117.46 108.04 9.42
Family (No Medicare)
No Dental 246.65 216.82 29.83
Delta 286.94 227.14 59.80
Safeguard 268.67 224.48 . 44.19
CONTRA COSTA HEALTH PLAN OPTION
Cates Total Cost, County Share Employee Share
Employee Only (No Medicare)
No Dental $103.45 $103.44 $ .01
Delta 121 .26 121 .25 .01
Safeguard 114.09 114.08 .01
Family (No Medicare)
No Dental 257.45 257.44 .01
Delta 297 .74 297.73 .01
Safeguard 279.47 279.46 .01.
41
H.E.A.L.S. HEALTH PLAN OPTION
(To be terminated December 31 , 1989)
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $121 .94 $105.20 $ 16.74
Delta 139.75 113.59 26.16
Safeguard 132.58 112.98 19.60
Family (No Medicare)
No Dental 289.95 225.48 64.47
Delta 330.24 236.76 93.48
Safeguard 311 .97 237.75 74.22
1ST CHOICE HEALTH PLAN OPTION
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $185.09 $178.30 $ 6.79
Delta 202.90 187.24 15.66
Safeguard 195.73 185.77 . 9.96
Family (No Medicare)
No Dental 431 .41 388.17 43.24
Delta 471 .70 .401 .70 70.00
Safeguard 453.43 397.13 56.30
DENTAL PLANS ONLY
Category Total Cost County Share Employee Share
Employee Only
Delta $ 19.04 $ 19.03 $ Al
Safeguard 11 .87 11 .86 .01
Family
Delta 41 .52 41 .51 .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.
17.3 Increased Costs. All rates shown above include life insurance coverage.
The rates listed above are effective November 1 , 1989 and are based on the County
contributing up to a maximum .of ten dollars ($10.00) per month of increased
premium for a single subscriber and twenty-three dollars ($23.00) per .month of
increased premium for a subscriber with dependents for the Kaiser and H.E.A.L.S.
Health Plans.
42
Effective October 1 , 1990 the County will contribute up to ten dollars ($10.00)
per month for a single subscriber and up to twenty-six dollars ($26.00) per month
for a subscriber with dependents, for the Kaiser and 1st Choice Health Plan.
Any increase in the Health Pian costs greater than the County contributions
identified above occuring during the duration of this Memorandum of Understanding
shall be borne by the employee.
17.4 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 members 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.
17.5 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.
17.6 Coverage D_urinq Absences. An employee on approved leave of absence shall
be allowed to continue his/her health plan coverage at the County group rate for
twelve (12) months provided that the employee shall pay the entire premium for
the Health Plan during said leave.
An employee on leave in excess of twelve (12) months may continue health plan
coverage by converting to an individual health plan option (if available) or
continuing group coverage subject to the provisions of the Consolidated Omnibus
Budget Reduction Act (COBRA) provided the employee pays the entire cost of
coverage, plus any administrative fees, for the option selected. The entire cost
of coverage shall be paid at a time and place specified by the County. Late
payment may result in cancellation of health plan coverage with no reinstatement
allowed.
An employee who terminates, County employment may convert to individual health
plan coverage, if available, or may continue County group health plan coverage to
the extent provided under COBRA by making premium payments to the County at a
time and place specified-;by the County.
17.7 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.
43
17.8 Dual Coverage. If a husband and wife both work for the County and one of
them is laid off, the remaining eligible shall be all to enroll or transfer
into the health coverage combination of his/her choice.
An eligible employee who is 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.
SECTION 18 - PROBATIONARY PERIOD
18.1 Duration. All appointments from officially promulgated employment lists
for original entrance or promotion shall be subject to a probationary period.
This period shall be from six (6) months to two (2) years duration.
18.2 Listed below. are those classes represented by the Union which have
probation periods in excess of six (6) months.
None
18.3 When the probationary period for a class is changed, only new appointees to
positions in the classification shall be subject to the revised probationary
period.
18.4 The probationary period shall commence from the date of appointment. It
shall not include time served in provisional or temporary appointments or any
period _ of continuous unpaid absence exceeding fifteen (15) calendar days, except
as otherwise provided by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving one-
thousand (1 ,000) hours after appointment except that in no instance will this
period be less than six (6) calendar months from the beginning of probation. If
a permanent-intermittent probationary employee is reassigned to full-time, credit
toward probation completion in the full-time position shall be prorated on the
basis of one hundred seventy-three (173) hours per month.
18.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from
any rejection during the probationary period based on political or
religious affiliations or opinions, Union acti.vities, 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 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. on the seventh (7th)
calendar day after the date of delivery to the employee of notice of
rejection.
44
C. The Merit Board shall consider the appeal , and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of law
and decision, . pursuant to the relevant provisions of the Merit Board
rules in which proceedings the rejected probationer has the burden of
proo f.
D. If the Merit Board finds no probable cause for a hearing, it shall deny
the appeal . If, after hearing, the Merit Board upholds the appeal , it
shall direct that the appellant be reinstated in the position and the
appellant shall begin a new probationary period unless the Merit Board
specifically reinstates the former period.
18.6 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
certifying that a probationary employee has served in a satisfactory manner and
later acknowledges it was his or her intention to do so, the regular appointment
shall begin on the day following the end of the probationary period.
Notwithstanding any other provisions of the 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 department from which the employee was
promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Personnel Director 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.
18.7 Layoff Durinq Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation.
45
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a department other than the department from which the employee
separated, displaced, or voluntarily demoted in lieu of layoff. An appointment
from a layoff or reemployment list is not subject to a probation period if the
position is in the department from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
18.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the .class before layoff and who subsequently is
appointed from the layoff list and then rejected_ during the probation period
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and appointed in a
different department or classification than that from which. the employee was
laid off.
SECTION 19 - PROMOTION
19.1 Promotion shall be by competitive examination unless otherwise provided in
this Memorandum of Understanding.
19.2 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.
19.3 Open Exam. If an examination for one of the classes represented by the
Union is proposed to. be announced on an open only basis, the Director of
Personnel shall give five (5) days prior notice of 'such proposed announcement
and shall meet at the request of the Union to discuss the reasons for such open
announcement.
19.4 Promotion via Reclassification without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification
to a higher classification and his/her position reclassified at the request of
the appointing authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher
level of work.
B. The incumbent of the position must have performed at the higher level for
one (1 ) year.
C. The incumbent must meet the minimum education and experience requirements
for the higher class.
D. The action must have approval of the Personnel Director.
E. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
' 46
19.5 Requirements for Promotional Standing. In order -to qualify for an exami-
nation called on a promotional basis, an employee must have probationary or per-
manent status. in the merit system. and must possess the minimum qualifications
for the class. Applicants will be admitted to promotional examinations only if,
the requirements are met on or before the final filing date. If an employee who
is qualified on a promotional employment list is separated from the merit
system, except by layoff, the employee's name shall be removed from the promo-
tional list.
19.6. Seniority Credits. Employees who have qualified to take promotional exa-
minations and who have earned a total score, not including seniority credits, of
seventy (70) percent or more, shall receive, in addition to all other credits,
five one-hundredths of one ( .05) percent for each completed month of service as
a permanent County employee continuously preceding the final date for filing
application for said examination. For purposes of seniority credits, leaves of
absence shall be considered as service. Seniority credits shall be included in
the final percentage score from which the rank on the promotional list is deter-
mined. No employee, however, shall receive more than a total of five (5) per-
cent credit for seniority in any promotional examination.
19.7 County employees who are required as part of the promotional examination
process. to take a physical examination shall do so on County time at County
expense.
SECTION 20 - TRANSFER
20.1 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 transaction shall
have indicated their agreement in writing;
D. the employee concerned shall have indicated agreement to the change in
writing;
E. the Director of Personnel shall have approved the change. Notwith-
standing 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.
20.2 With the approvalofthe appropriate appointing authority/authorities and
the consent of the employee, the Director of Personnel may transfer an employee
from one job classification to another job classification without examination
under the following conditions: '
A. .the duties and responsibilities of the position from which the employee is
being transferred are within the occupational area or directly associated
y
47
with the duties and responsibilities of the position to which the employee
is being transferred.
B. the employee must possess the minimum qualifications for the job classifi-
cation to which the employee is being transferred.
C. the employee must serve the probationary period required for the classifi-
cation into which the employee is being transferred.
D. an employee rejected during the probationary period or .who resigns during
the probationary period for other than disciplinary reasons shall have the
right at that time to be restored to -a position in the classification in
the department from which the employee was transferred.
The Personnel Director, upon request, will provide written justification for
invoking this section.
20,3 Any employee or appointing authority who desires to initiate a transfer
may inform the Director of Personnel in writing of such desire stating the
reasons therefore. The Director of Personnel shall , if he or she considers that
the reasons are adequate and that the transfer will be for the good of the
County service and the parties involved , inform the appointing authority or
authorities concerned and the employee of the proposal and may take the ini-
tiative in accomplishing the transfer.
SECTION 21 - 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 shallindicate the effective date of
termination. Oral resignation shall be immediately confirmed by the appointing
authority in writing to the employee and to the Personnel Department and shall
indicate the effective date of termination.
21 .1 Resignation in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the _last date of
service (unless the appointing authority requires a longer period, up to four
(4) weeks, for a specific reason, or consents to the employee's terminating on
shorter notice) is a resignation in good standing.
21 .2 Constructive Resignation. A constructive resignation occurs and is effec-
tive when :
A. An employee has been absent from duty for five (5) consecutive working
days without leave; and
B, five (5) more consecutive working days -have ,elapsed without response
by the employee after the mailing of a notice of. resignation by the
appointing authority to the employee at the employee's last known
address.
21 .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.
i
48
21 .4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority, except that an oral
resignation rescinded in writing by the end of the workday following the oral
resignation will be accepted by the appointing authority.
21 .5 Coerced Resignations .
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving. written notice on the
Director of 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 23 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
the employee returned to duty effective on the day following the
decision but without loss of seniority or pay, subject to the
employee's duty to mitigate damages.
SECTION 22 - DISMISSAL, SUSPENSION AND DEMOTION
22.1 The appointing authority may dismiss, suspend or demote any employee for
cause. The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal , suspension or
demotion may be based on reasons other than those specifically mentioned:
1 . absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system into disrepute,
4. disorderly 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 County premises,.
49
8. neglect of duty, .'i.e. non-performance of assigned responsibilities
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 Department Head,
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 County 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
advances , requests for sexual favors, and other verbal , or physical
conduct of a sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning an individual_, or
unreasonably interfering with an individual 's work performance, or
creating an intimidating and hostile working environment.
22.2 SkelL� Requirements. Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend for more than five (5) work
days, or demote an employee, the appointing authority shall cause to be served,
either personally or by certified mail , .on the employee, a Notice of Proposed
Action, which shall contain the following:
A. A statement 'of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions and grounds
upon which the action is based.
C. If it is claimed that the employee has violated a rule or regulation
of the County, department or district, a copy of said rule shall be
included with the notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond
to the appointing authority either orally or in writing.
Employee Response. The employee upon whom A Notice of Proposed Action has been
' 50
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee's response is not filed
within seven (7) days or any extension , the right to respond is lost.
22.3 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven (7) days, the appointing authority for cause spe-
cified in writing may place the employee on temporary leave of absence, with
Pay-
22.4 Suspensions without pay shall not exceed thirty (30) days unless ordered
by an arbitrator, an adjustment board or the Merit Board.
22.5 Procedure on Dismissal , Suspension or, pisciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an employee
having permanent status in a position in the merit system, after
having complied with the Provisions of Section 22.2, where applicable,
the appointing authority shall make an order . in writing stating speci-
fically 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 23 - 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 23 of this Memorandum of Understanding.
SECTION 23 - GRIEVANCE PROCEDURE
23.1 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 official shall be final , the interpre-tation or
application of those provisions not being subject to the grievance procedure.
,The Union may represent the employee at any state of the process. Grievances
must be filed within thirty (30) days of the incident or occurance about which
_!-_'- -!-the employee claims to have a grievance and shall be processed in the following
manner:
A. Step 1 . Any employee who believes that a provision of this Memorandum
of Understanding has been misinterpreted or misapplied to his or her-
51
r
detriment shall discuss the complaint with the employees immediate
supervisor, who shall meet with the employee within five (5) days of
receipt of a written request ',to hold such meeting. If the issue is
not resolved , the procedures hereinafter may be invoked.
B. Step . 2. If a grievance is not satisfactorily resolved in Step 1
above, the employee may submit the grievance in writing within ten
(10) work days to such management official as the Department Head may
designate. This formal written grievance shall state which provision
of the Memorandum of Understanding has been misinterpreted or ;
misapplied how misapplication or misinterpretation has affected him or
her to his or her detriment, and the redress he or she seeks. A copy
of each written communication on a grievance shall be filed with the
Director of Personnel . The Department Head or his or her designee
shall have fifteen (15) work days 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 ten (.10) work days to
the Personnel Director. The Personnel Director or his or her designee
shall have twenty (20) work days' in which to investigate the merit of
the complaint and to meet with the Department Head and the employee
and attempt to settle the grievance and respond in writing.
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 ten (10) work days of the written response of the
Personnel Director or his/her 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 to an Adjustment Board
comprised of three (3) Union representatives, no more than two (2) of
whom shall be either an employee of the County or an elected or
appointed official of the Union presenting this grievance, and three
(3) representatives of the County, no more than two (2) of whom shall
be either an employee of the County or a member of the staff of an
organization employed to represent the County in the meeting and con-
ferring process. Where the parties agree, the Adjustment Board may be
comprised of two (2) Union representatives and two (2) County repre-
sentatives. The Adjustment Board shall meet within twenty (20) work
days of receipt of the written request and render a decision.
E. Arbitration.' If an Adjustment Board is unable to arrive at a majority
decision, either' the employee or the County may require that the
grievance be referred to an impartial arbitrator who shall be
designated by mutual agreement between the employee and the Personnel
Director. Such j'request shall be submitted within twenty (20) work
days of the rendering of the Adjustment Board decision. 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 presentation, including preparation and post
hearing briefs, if any.
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23.2 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
Subsection 23.1 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 Personnel Director in pursuance of the procedures outlined in
Subsection 23.1 (C) above, or the Adjustment Board in pursuance of the
provisions of Subsection 23.1 . (D) 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.
E. If any award by an Adjustment Board or arbitrator requires action by
the Board of Supervisors or the Merit Board before it can be placed in
effect, the County Administrator and the Personnel Director will
recommend to the Board of Supervisors or the Merit Board , as
appropriate, that it follow such award.
F. The parties agree to meet and confer regarding a new standing list of
Arbitrators within 60 days of the adoption of this Memorandum of
Understanding.
23.3 The time limits specified above may be waived by mutual agreement of the
parties to the grievance. If the County fails to meet the time limits specified
in Steps 1 through 3 above, the grievance will automatically move to the next
step. If an employee fails to meet the time limits specified in Steps 1 through
5 above, the grievance will be deemed to have been settled and withdrawn.
23.4 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing- with the Personnel
Director. Only complaints which allege that employees arenot being compensated
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 process shall be
deemed withdrawn until the meeting and conferring process is next opened for
53
( 4
such. discussion. Effective January 1., 1986 , no adjustment shall be retroactive
for more than two (2) years from the date upon which the complaint was filed.
No change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the Union.
23.5 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, stoppage of work;
sickout, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public
sector employer which has been sanctioned and approved by the labor body or
council having jurisdiction, an employee who is in danger of physical harm shall
not be required to cross the picket line, provided the employee advises his or
her supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
23.6 Merit Board.
A. All grievances of employees in representation units represented by the
Union shall be processed under Section 23 unless the employee elects
to apply to the Merit Board on matters within its jurisdiction.
B. No action under. Paragraph C, D and E of Subsection 23.1 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.
23.7 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.
SECTION 24 - BILINGUAL PROVISIONS
24.1 A salary differential of fifty dollars ($50) per month shall be paid
incumbents of positions requiring bilingual proficiency as designated by the
appointing authority and Director of Personnel . Said differential shall ' be
prorated for employees working less than full time and/or who are on an unpaid
leave of absence for a portion of any given month. Designation of positions for
which bilingual proficiency is required is the sole prerogative of the County.
24.2 The County will write a memo to the Case Data System Committee indicating
that they are willing to support and pursue implementation of Spanish automated
notices of action.
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SECTION 25 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581 .1 , the County will continue to pay
fifty (50) percent of the retirement contributions normally required of
employees. Such payments shall continue for the duration of this Memorandum of
Understanding, and shall terminate thereafter. 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 26 - TRAINING REIMBURSEMENT
The Social Service Department shall establish an annually renewable training
reimbursement fund in the amount of $10,000 .for the exclusive purpose of
reimbursing employees covered by this agreement for the cost of tuition, fees,
books, and other employee expenses incurred in the pursuit of work related
education , continuing education, or work related graduate degree. In the Social
Service Department said fund shall replace the career development training
reimbursement described in the County .Administrative Bulletin on Training.
Reimbursement under said fund will be limited to two hundred dollars ($200) per
semester or one hundred fifty dollars ($150) per quarter, not to exceed six
hundred dollars ($600) per year.
Career development training reimbursement for employees in the Health Services
Department shall continue to be governed by the County Administrative Bulletin
on Training which limits such reimbursement to two hundred- dollars ($200) per
semester or one hundred fifty dollars ($150) per quarter, not to exceed six
hundred dollars ($600) per year.
Those employees entering the Social Casework Assistant classification by the
substitution pattern in the minimum qualifications shall be entitled to direct
benefit tuition reimbursement under the County training reimbursement policy.
Such employees requesting a leave of absence or permanent part-time positions
for the purpose of completing a bachelor's degree shall be given priority
consideration by the Department.
SECTION 27 - MILEAGE
For such expenses of authorized travel necessarily done by private automobile
employees shall be allowed twenty-four cents ($.24) per mile up through four
hundred (400) miles Per month, and eighteen cents ($.18) for over four hundred
(400) miles per month. Such rates will. be effective the first of the month
following execution of the agreement.
The above mileage rates shall be adjusted to reflect an increase or decrease in
the cost of gasoline which shall be determined as provided below on the basis of
the average price for "gasoline, all types" per gallon as listed in Table 5,
"Gasoline average prices per gallon, U.S, city average and selected areas" for
the San Francisco-Oakland , California area published by the Bureau of Labor
Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy
Report".
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The above mileage rates shall be increased or decreased by one cent ($.Ol ) for
each fifteen cents ($.15) 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.
The County Administrator shall promulgate regulations covering these matters and
the submission of account claims to the Auditor-Controller..
SECTION 28 - RESPITE LEAVE WITHOUT PAY
All employees represented by Local 535 shall be granted ten (10) days respite
leave without pay per fiscal year. Such leave shall be taken in increments of
one (1 ) full day (eight (8) hours) and shall be requested in writing.
Conflicting requests for respite leave shall be resolved by the Department Head
or designee with preference given to employees according to their seniority in
the department, as reasonably as possible. Any balance in the ten (10) days
respite leave which remains at the end of the fiscal year shall not be carried
over into the next fiscal year.
SECTION 29 - MENTAL HEALTH SCREENING DIFFERENTIAL
Employees represented by Social Services Union, Local 535 who work in the Mental
Health Screening Unit of County Medical Services shall receive a differential
per hour worked at a premium of five (5) percent of the hourly equivalent of the
base rate; provided, however, that in the event the conditions in Mental Health
Screening are improved so that hazardous conditions no longer exist, such
differential will no' longer be applicable.
SECTION 30 - CONSERVATORSHIP DIFFERENTIAL
The County agrees that any employee in a classification represented by Local 535
who is assigned to a position, the work function of which is in the
Conservatorship Program of the Social Service Department, and the work
assignment of which requires direct personal working contact on a regular daily
basis with court-remanded clientele of the Conservatorship Program, as specified
in Division 5, Part I , Chapter 3 of the Welfare & Institutions Code, shall
receive a differential per hour worked at a premium of five (5) percent of the
hourly equivalent of the base rate while in pay status including paid vacation,
paid sick leave, ,and paid holidays.
SECTION 31 - NOTICE OF NEW EMPLOYEES
The County agrees to periodically mail to Social Services Union, Local 535 a
list of names , classifications , and the designation of permanent employment
category of new employees appointed to classifications represented by Local 535.
Said periodic list will be mailed within the first five (5) working days of
every month. ,
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SECTION 32 - PERSONNEL ACTIONS
32.1 Personnel Files.
A. Inspection. Each employee, or an employee's representative so
designated by written authorization of the employee, shall have the
right to inspect and review the employee's personnel file upon request
at reasonable times and for reasonable periods during the regular
business hours of the County.
-B. Documentation in the personnel file relating to the investigation of a
possible criminal offense, medical records and information or letters
of reference shall be specifically' excluded from such inspection and
review.
C. Preemployment reference material shall be removed from the personnel
file after one (1 ) year of continuous employment with the County.
D. Medical records may be released to qualified medical authorities upon I
execution of a written release by the employee and with the
concurrence of the County's medical authorities.
E. An employee may request copies of other material contained in the
personnel file.
F. The employee shall bear the cost of the reproduction of copies.
G. The County shall afford the employee the opportunity to respond in
writing to any information contained in their personnel file. Such
response shall be included in the employee's personnel file.
H. The Department shall maintain only one official personnel file.
32.2 Counselling.
A. Whenever an employee's job performance and/or conduct becomes less
than satisfactory, counselling shall be provided by the employee's
first level supervisor. Such counselling shall specifically state the
unsatisfactory nature of the employee' s performance and/or conduct and
specific ways in which the employee can bring such performance and/or.
conduct up to the satisfactory level .
B. Said counselling shall be provided as soon as possible after the
occurrence of the, less than satisfactory performance and/or conduct.
No adverse action shall be taken by the County against any employee
unless such counselling has been provided and time for improvement has
been given. i
C. The employee's first level supervisor shall prepare written
documentation (including any applicable memos, WIDSI's, etc.) of such
counselling and provide a copy of the documentation to the employee.
D. The foregoing shall not apply to probationary employees or in those
cases where immediate disciplinary action is necessary.
57
E. If,' after such .a counselling session has occurred between a supervisor
and employee, the employee requests of the Department Personnel
Officer a meeting with a Steward/Officer of the union and Department
representatives, such a meeting shall be held. This meeting shall be
held within fifteen (15) working days.
32.3. Copies.
A. The County shall provide the employee with copies of all performance
evaluation reports and letters of reprimand or warning or counselling
memos prior to the placement of such documents in the employee's
departmental personnel file.
B. A counselling memo placed in an employee' s departmental personnel file
which is not referenced in the 'employee's subsequent performance
evaluation shall be removed from the employee's departmental personnel
file upon the written request of the employee.
C. Upon written request of the employee, copies of letters of reprimand
or warning shall be sent to the Union.
32.4 Performance Evaluation
The purpose of a performance evaluation for an employee is to measure the
employee's performance against the job specifications and performance
requirements of the position that the incumbent is filling. It answers
the questions of how well an employee is doing in meeting the department's
performance standards for this job. It satisfies a basic requirement for
the employee to know where she/he stands with the organization in regard
to his/her performance. It delineates areas of strengths and weaknesses.
Where performance is below standard, it suggests possible ways . of making
improvement.
During the probationary period, the performance evaluation is used as the
last phase of an individual 's examination process. Probationary employees
receive a preliminary evaluation at the end of three months, and a final
evaluation after their fifth month of probation. An overall rating of
STANDARD must be received on the final probationary evaluation in order
for the employee to achieve permanent status.
Once an employee achieves permanent status, the employee' s performance is
evaluated at least once a year. Additional evaluations may be made
between these required evaluations as necessary. Evaluations will also be
made when an employee or supervisor terminates, or when an employee or
supervisor is reassigned to another unit and more than three months have
elapsed since the last written evaluation.
In the event a permanent employee receives an overall rating of 'BELOW
STANDARD, such employee must be reevaluated within three months following
the date of the report. If the employee shows no significant improvement
at the end of this period, a recommendation for demotion or dismissal will
be made. However, if at the end of three months, there has been
improvement but the employee's performance is still not at a STANDARD
58
level , the employee may be given two additional three-month periods to
meet the standards if the supervisor agrees those standards will be
reached during this period.
The work performance of each employee is to be rated on all of the rating
factors on the appropriate form. Each of these factors has been found to
be of critical importance in determining successful job performance for
employees.
Individual rating factors and overall ratings of BELOW STANDARD must be
substantiated in the Comments section, as well as suggestions or plans for
improved performance in those areas.
If some significant aspect of performance is above the level indicated by
the factor rating, this may be pointed out by a statement in the Comments
section to the employee.
The Rater will discuss the report with the employee and provide the
employee with a copy at that time if the employee wishes to discuss the
report with the Reviewer. In signing the report, the employee is merely
acknowledging having seen the report; it does not indicate agreement.
DEFINITIONS OF RATINGS
A factor rating of STANDARD means that this part of the employee's work
performance is consistently up to the level expected of a competent worker
in the position. An overall rating of STANDARD means that the employee's
work performance is acceptable and will result, where pertinent, in
receipt of salary increment, promotion, or permanent status.
A factor rating of BELOW STANDARD means that this part of the employee's
work performance is frequently, below the level of a competent worker in
the positin and that effort should be made to improve. An overall rating
of BELOW STANDARD means the employee's work performance is inadequate and
may result in the loss or delay of the salary increment, demotion,
dismissal , or rejection on probation.
APPEAL PROCEDURE
If an employee believes his/her rating is improper, he/she should discuss
it with the Rater. If still not satisfied, the employee should sign the
report and place an 'T' in the space provided by his/her signature to
indicate he/she wishes to discuss the report with the Reviewer (the Social
Service Division Manager) . Within five calendar days after being given a
copy of the Report of Performance Evaluation, an employee who wishes con-
sideration in addition to the Rater's evaluation should prepare a written
statement to the Reviewer as follows: 1) Identify the report by stating
the date of the report, the name of the Rater, and the date the report was
received ; 2) Specify the ratings or comments which he/she believes are
incorrect andshould be changed; 3) Give facts substantiating the
requested changes to these ratings or comments; 4) Keep a copy of the
written request and send the original to the Reviewer. Upon receiving the
written statement, the Reviewer will have five calendar days to meet with
59
the employee to consider the employee's comments and to respond in
writing. The Reviewer's response shall be given to the employee. A copy
of the Reviewer's response along with the employee's written statement
shall be attached to the Report of Performance Evaluation. Failure to
allow the foregoing procedure is subject to the grievance procedure.
However, disputes over the actual content or ratings themselves in indivi-
dual evaluations are not grievable.
SECTION 33 - SAFETY PROGRAM
,Health and safety standards shall be maintained in all County facilities to a
maximum degree consistent with the conduct of efficient operations.
The Social Service Department shall operate a department-wide employee health
and safety program. This program shall consist of:
1 . A central department Safety Committee comprised of one (1 ) member
appointed by Local 535 from each major building location, one (1 ) manage-
ment employee who shall be the Building Manager for that location and
other employee organization representatives, and the Department Personnel
Officer, or designee. The Department Personnel Officer., or designee, will
serve as chairperson. The committee shall meet every six weeks.
2. All Committee members will receive training on a) accident/injury
reporting procedures, b) accident/injury investigation and prevention, c)
safety awareness , and d) procedures by which safety concerns are handled.
3. The committee shall consider items and information raised by its members
related to the department's health and safety program. Committee recom-
mendations shall be reported to and reviewed by the Department Head who
shall respond in writing to all recommendations.
SECTION 34 - FLEXIBLE STAFFING
34,.1 Certain positions may be designated by the Personnel Director as flexibly
staffed positions. Positions are generally allocated at the first level of the
job series when vacated. When the position is next filled and. an incumbent of
one of these positions meets the minimum qualifications for the next higher
level and has met appropriate competitive requirements he/she may then be pro-
moted to the next higher classification within the job series without need of a
classification study.
The following job classifications are flexibly staffed :
Social Casework Specialist I to Social Casework Specialist II
Open examinations at either level in the above mentioned classifications shall
be administered upon the request of the Department Head and approval of the
Director of Personnel .
34.2 Continuous Testing for Flexibly Staffed Classes. Employees in a flexible
staffed job series which have been determined by the Director of Personnel as
60
appropriate for continuous testing may apply for promotion to the next higher
classification level as follows :
Applicants must file the regular Personnel Department Application' for
Examination Form and where applicable, the appropriate supplemental
questionnaire with the Personnel Department. The first Friday in each month is
the filing deadline for any candidate who meets the minimum qualifications at
any time during that month. The names of accepted applicants will be placed on
the eligible list by the first working day of the following month. Employees
who file applications must notify their supervisor and their departmental
personnel officer. Nothing contained in this section shall be construed as
making a promotion automatic or automatically effective on the. first of the
month following the filing of an application. It is the responsibility of the
Department that wishes to promote employees in flexibly staffed positions to
submit a personnel request (certification request) prior to the first day of the
month in which they wish to promote the employee. Personnel requests for
promotion of employees to become effective on the first of the month must be in
the Personnel Department by the last working day of the prior month. It is the
employees responsibility to submit applications for promotion sufficiently in
advance to assure receipt in the Personnel Office by the first Friday of the
month in which they become eligible for'' promotion.
If an error occurs in the Personnel Department which causes a delay in the
processing of an application, said error shall be corrected and the employee
shall be placed on the eligible list retroactively to the first of the month
following his/her eligibility.
If. an operating department verifies in writing the intent to promote an employee
on the first of the month following eligibility, said appointment shall be made
retroactive to the first of the month following his/her eligibility.
SECTION 35 - CAREER LADDER
The County agrees to the concept of a career ladder which will enhance the
opportunities for employees to attain positions in other classification series.
For this purpose, the following classes are considered to be those classes
representing such promotional opportunities: Eligibiity Work Specialist, Social
Service Program Assistant, Social Casework Assistant.
SECTION 36 - STAFFING ALLOCATIONS AND WORKLOAD DISTRIBUTION
36.1 The Social Service Department shall review on a quarterly basis the amount
and nature of work in its operating units and shall initiate reassignments of
employees, necessary to proportion and more closely balance the number of
available employees in each classification with the anticipated amount and
nature of work in operating units throughout the Department.
36.2 There shall be a meeting between the Social Service Department and the
Union every month to review and discuss the existing amount and nature of work
in services programs and in categorical aid programs. If this review shows an
imbalance exists in operating units, the procedures in Section 37 - Reassignment
shall be implemented.
61
c
36.3 Participants in the meeting on staffing allocations and workload
distribution shall include the Director and his representatives,, the Union
officials designated in Section 4.3 and other persons deemed necessary for
informational purposes. .
36.4 The parties shall discuss streamlining work and standardizing procedures
and shall consider information regarding new procedures, forms, job
expectations, and other factors or changes in procedures which may impact on
workloads.
36.5 Summary minutes shall be kept for each committee meeting and shall be
distributed to all committee members prior to the next meeting.
36.6 Issues may be referred by the Committee to the Director or Executive Team.
Responses to such issues shall be communicated to the Workload Committee within
60 days or some other mutually agreeable period.
SECTION 37 - STAFFING ALLOCATIONS & REASSIGNMENTS
On the basis of the quarterly staffing/workload distribution review, per Section
36, the Department shall initiate reassignments of staff.
The following procedure shall be used:
1 . Internal moves within the building shall be made at the discretion of the
Division Head within 5 days following -publication of staff allocations for
the quarter.
2. Authorized staffing levels shall be determined on a quarterly basis. Each
quarter, vacant authorized positions in buildings shall- be alternately bid
to the appropriate classs in all offices for a three-day period or certed
from the appropriate Eligible List.
3. Employees responding to bids shall complete Department Reassignment
Request Forms and submit these to the Department Personnel Unit.. Such
Reassignment Request Forms must be received by 5 :00 p.m. on the day the
bid closes for the employee to be considered in determining the five (5)
most senior employees in the class.
4. If the Department is at authorized staffing and there are no responses to
the posted bid notice, the least senior employee within the class, within
the building having staff overage(s) of at least one (1 ) FTE shall be
reassigned within two weeks of the closing of the bid. If the Department
is below the authorized staffing level and there are no responses to the
posted bid notice, the Department will cert from the appropriate Eligible
List. -
5. Authorized vacancies resulting from the bid process shall automatically be
certed from an appropriate eligible list.
6. Authorized vacancies occurring during the quarter shall be handled in
accordance with Steps 1 , 2, 3, 4, and 5, above.
' 62
7. Persons involuntarily reassigned shall be given the opportunity to return
to their former building when the first vacancy occurs in the building
from which the employee was involuntarily trans ferred..provided however, if
an employee voluntarily transfers after such involuntary transfer that
employee shall lose such reversionary rights.
8. Positions flagged as needing a language skill or special qualifications
shall be identified on bids. Only employees having such skill or meeting
such qualifications shall be accepted for bid interviews or for mandatory
reassignments as provided in this section.
9. Specially funded assignments or assignments of limited duration shall not
be subject to procedures in this Section.
10. Reassignments shall not be used as a replacement for discipline.
Employees on probation or in an Improvement Needed Review status shall not
be reassigned. An employee who is reassigned out-of-seniority-order shall
be offered the first vacancy to be filled in the class and building from
which the employee was mandatorily reassigned. At the next quarterly
staffing review an employee mandatorily reassigned out-of-seniority-order
shall be given first opportunity for reassignment as provided in 37:2 or
38.3 whichever is applicable; or if no staffing imbalances exist, the most
senior employee shall be offered the opportunity to exchange positions
provided the least senior employee is no longer on probation or
Improvement Needed Review status.
11 . In each classification, series seniority for reassignment purposes shall
be determined by date of hire into that series as defined below:
Eligibility Series : Eligibility Worker I , Eligibility Worker II,
Eligibility Work Specialist.
Social Work Series: Social Program Assistant, Social Worker II, Social
Worker III , Vocational Counselor (classes which have been abandoned but
were a part of the Social Worker or Vocational Counselor series shall be
included for the purpose of determining series seniority).
Casework Specialist Series: Social Casework Assistant, Social Casework
Specialist I , Social Casework'Specialist II.
SECTION 38 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following
circumstances and .in the amount specified:
1 . When the employee is required by his/her Department Head to attend a
meeting concerning County business or County affairs.
2. When the employee is required to be out of his/her regular or normal work
area during a meal hour because of a particular work assignment.
3. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
63
4. When the employee is required to incur expenses as host for official
guests of the County, work as members of examining boards, official
visitors, and speakers or honored guests at banquets or other official
functions.
5. When the employee is required to work three or more hours of overtime; in
this case he or she may be reimbursed :in accordance with Administrative
Bulletin on expense reimbursement.
Meal costs will be reimbursed only when eaten away from home or away , from the
facility in the case of employees at twenty-four (24) hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 39 - PERSONAL PROPERTY REIMBURSEMENT -
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
1 . The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to the
control of the employee.
2. Ordinary wear and tear of personal property used on the job is not
compensated.
3. Employee tools or equipment provided without the express approval of the
department head and automobiles are excluded from reimbursement.
4. The loss or damage must have occurred in the line of duty.
5. The loss or damage was not a result of negligence or lack of proper care
by the employee.
6. The personal property was necessarily worn or carried by the employee in
order to adequately fullfill the duties and requirements of the job.
7. The loss or damage to employees eyeglasses, dentures, or other prosthetic
devices did not occur simultaneously with a job connected injury covered
by workers ' compensation.
8. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be limited
to the actual value of the item at the time of loss or damage but not more
than the original cost.
9. The burden of proof of loss rests with the employee.
10. Claims for reimbursement must be processed - in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
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SECTION 40 - LENGTH OF SERVICE DEFINITION (for service awards and vacation
accruals
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including
temporary, provisional , and permanent status, and absences on approved leave of
absence). When an employee separates from a permanent position in good standing
and within two years is reemployed in a permanent County position, or is
reemployed in a permanent County position from a layoff list within the period
of layoff eligibility, service credits shall include all credits accumulated at
time of separation, but shall not include the period of separation. The
Personnel Director shall determine these matters based on the employee status
records in his/her department.
SECTION 41 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at
the sole discretion of the County.
The following procedures shall apply with respect to service awards :
A. Twenty Years and Longer Periods of Service. An award ceremony will be
scheduled before the Board of Supervisors each month.
1 . The Personnel Department will make arrangements for the
presentation ceremony before the Board of Supervisors. Each
Department Head and employee scheduled for an award will be
notified as to the time and date of the ceremony.
2. Service awards will be supplied to the Department Head by the
Personnel Department staff prior to the ceremony.
3. When the employee does not appear for the ceremony the award will
be returned to the Personnel Department and the employee will be
contacted and it will be ascertained if he/she desires to be
rescheduled. In the event he or she does not desire to attend a
later ceremony, the Personnel Department will forward the award -
directly to the employee.
B. Ten and Fifteen Year Service Pin Awards.
1 . The Personnel Department will notify the Department Head when an
employee has qualified to receive a ten or fifteen year service
pin. The _ service award pin will be enclosed with the
notification.-
2. The Personnel Department will notify each employee eligible for an
award that his/her Department Head is making arrangements for the
presentation of the award.
3. The award ceremony will be conducted at the department level with
the Department Head making the award. To give the award ceremony
65
meaning, it is suggested that the department head present pins in
his/her office or conference room with immediate supervisors and
fellow workers in attendance.
4. After presenting the award, the Department Head will notify the
Personnel Department by returning to the Personnel Department the
names and dates of presentation.
5. The Personnel Department will record each award.
C. Service Award. Day Off. Employees who appear for their fifteen year
(or longer) service award ceremony are entitled to take that day off
with pay.
SECTION 42 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at
corresponding premium rates providing they work at least fifty (50) percent of
full time. If the employee works at least fifty (50) percent of full time,
County retirement participation is also included.
SECTION 43 PERMANENT INTERMITTENT EMPLOYEE BENEFITS
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
SECTION 44 - PERMANENT INTERMITTENT HEALTH PLAN
A permanent intermittent employee may participate in the County Group Health
Plan Program wholly at the employee's expense. The employee will be responsible
for paying the monthly premium appropriately and punctually. Failure to meet
the premium deadline will mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may only be effectuated during the
annual open enrollment period.
SECTION 45 PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave
benefits. Said provisional employees may participate in the County Group Health
Plan Program wholly at the employee's expense. The County will not contribute
to the employee' s monthly premium. The employee will be responsible for paying
the monthly premium appropriately and punctually. Failure to meet the premium
deadline will mean automatic and , immediate withdrawal from the County Group
Health Plan Program and reinstatement may only be effectuated during the annual
open enrollment period.
SECTION 46 - Indemnificaiion and Defense of County Employees
The County shall defend and indemnify an employee against any claim or action
against the employee on account of an act or omission in the scope of the
employee' s employment with the County in accordance with, and subject to, the
provisions of California Government Code Sections 825 et seq and 995 et seq.
66
SECTION 47 - MODIFICATION AND DECERTIFICATION
For the duration of this Memorandum of Understanding the following amendments to
Board Resolution 81/11.65 shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified in the first
paragraph. to delete the ten 10 percent requirement for an employee
organization intervening in the unit determination process and substitute
therefore a thirty (30) percent requirement.
Sectl,pn 34-12.013 - Election Procedure (b) shall be modified in the first
paragraph to delete the ten 10) percent requirement for any recognized employee
organization(s) to appear on the ballot and substitute therefore a thirty (30)
percent requirement.
Section 34-12.0.16 - Modification of Representation Units shall be modified in
the first sentence by adding words to the effect of "most recent" 'to the date of
determination. This section shall be modified in the second sentence to require
that petitions for modification of a representation unit be filed during a
period of not more than one hundred and fifty (150) days nor less than one
hundred and twenty (120) days prior to 'the expiration of the 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 County and the recognized
employee organization of the unit prior to the modification proceedings.
Section 34-12.018 - Decertification Procedure shall be modified in the first
sentence by adding words to the effect of "most recent" to the date of formal
recognition and by requiring the petition be submitted during a period of not
more than one hundred and fifty (150) days nor less than one hundred and twenty
(120) days prior to the expiration of the Memorandum of Understanding in effect.
SECTION 48 - UNFAIR LABOR PRACTICE
48.1 Either the County or the Union may file an unfair labor practice against
the other. Allegations of an unfair labor practice, if not resolved in
discussions between the parties, may be heard by a mutually agreed upon
impartial third party.
48.2 Unfair Labor Practice - County. It is an unfair labor practice for the
County to:
1 . Interfere with, restrain or coerce employees in the 'exerc'ise of the rights
recognized or granted in this division;
2. dominate or interfere with the formation of any employee, organization or
interfere with selection of a majority representative;
3. contribute financial support to any employee organization; or
4. refuse to meet and, confer in good faith (with representatives of formally
organized employee organizations on matters within the scope of
representation), or to refuse to consult with informally recognized
employee organizations on matters within the scope of representation.
67
48.3 Unfair Labor Practice - Union. It is an unfair labor practice for the
Union cr their representatives or members to:
1 . Interfere with, restrain or coerce employees in the exercise of the rights
recognized or granted in this division;
2. coerce, attempt to coerce or discipline any member of an organization so
as to hinder or impede the performance of his duties;
3. discriminate against any employee with regard to the terms or conditions
of membership because of race, color, creed, sex or national origin;
4. refuse to consult, or meet and confer in good faith, with management
representatives on matters within the scope of representation; or
5. -initiate, engage in, cause, instigate, encourage or condone a work
stoppage of any kind or other disruptive activities which are detrimental
to the conduct of county business and services.
SECTION 49 - LETTER OF UNDERSTANDING REGARDING REPRESENTATION OF TEMPORARY
EMPLOYEES.
This letter will confirm agreements reached between Social Services Union, Local
535 and Contra Costa County through the recent meet and confer process
pertaining to temporary and provisional employees. .
1 . Recognition. Social Services Union, Local 535 is the formally recognized
employee organization for temporary employees, not including emergency
appointments and retiree temporary appointments, who are employed by
Contra Costa County in those classifications covered by the Memorandum of
Understanding between Social Services Union, Local 535 and Contra. Costa
County.
2. Emergency appointments as defined in Section 809 of the Personnel
Management Regulations, and retiree temporary appointments as provided for
in Government Code, Section 31680.2, are not covered by this Letter of
Understanding.
3. Agency Shop.
A. The Union agrees that it has a duty to provide fair and
nondiscriminatory representation to all employees in all classes in
the units for which this section is applicable regardless of whether
they are members of the Union.
B. All employees employed in a representation unit on or after the
effective date of this Memorandum of Understanding and continuing
until the termination of the Memorandum of Understanding, shall as a
condition of employment either: .
1 . Become and remain a member of the Union or;
2. pay to the Union, an agency shop fee in an amount which does not
exceed an amount which may be lawfully collected under applicable
s 68
r
constitutional , statutory, and case law, which under no cir-
cumstances shall exceed the monthly dues, initiation fees and
general assessments made during the duration of this Memorandum of
Understanding. It shall be the sole responsibility of the Union
to determine an agency shop fee which meets the above criteria; or
3. do both of the following:
a. Execute a written declaration that the employee is a member of
a bonafide religion, body or sect which has historically held
a conscientious objection to joining or financially supporting
any public employee organization as a condition of employment;
and
b. pay a sum equal to the agency shop fee described in Section
49.3.B.2. to a non-religious, non-labor, charitable fund cho-
sen by the employee from the following charities: Family and
Children 's Trust Fund, Child Abuse Prevention Council and
Battered Women's Alternative.
C. The Union shall provide the County. with a copy of the Union's "Hudson
Procedure" for the determination and protest of its agency shop fees.
The Union shall provide a copy of said "Hudson Procedure" to every
fee payor covered by this MOU within one month from the date it is
approved and annually thereafter, and as a condition to any change in
the agency shop fee. Failure by a fee payor to invoke the Union's
Hudson Procedure within one month after actual notice of the Hudson
Procedure shall be a waiver by the employee of their right to contest
the amount of the agency shop fee.
4. Agency Shop Deductions.
A. A current temporary employee or a new temporary employee hired into a
job class represented by Social Services Union, Local 535 shall be
provided through the County Personnel Department with an "Employee
Authorization For Payroll Deduction" card.
B. If the form authorizing payroll deduction is not returned within
thirty (30) calendar days after notice of this agency shop fee provi-
sion and the union dues, agency shop fee, or charitable contribution
required under Section 3 of this Letter of Understanding are not
received, the Union may in writing direct that the County withold the
agency shop fee from the employee's salary, in which case the
employee's monthly salary shall be reduced by an amount equal to the
agency shop fee and the County shall pay an equal amount to the Union.
C. The Union shall indemnify, defend and save the County harmless against
any and all claims , demands, suits, orders, or judgments, or other
forms of liability that arise out of or by reason of this Agency Shop
Section, or action taken or not taken by the County under this
Section. This includes , but is not limited to, the County's attorney
fees and costs . The provisions of this section shall not be subject
to the grievance procedure.
69
R
D. The authorization of payroll deductions described in "4 A" above shall
require the employee to agree to hold the County harmless from all
claims ' demands, suits or other forms of liability that may arise
against the County for or on account of any deduction made from the
wages of such employee.
5. Sala.
A. Temporary Hourly ' Rates . Effective May . 1 , 1987, for all
classifications represented by the Union, the hourly ratepaid
temporary employees shall be the 11 .00 hourly rate" calculated on the
salary schedule by dividing the unrounded monthly salary at any step
by 173.33.
B. Current Employees. Effective May 1 , 1987 all current temporary
employees shall be placed at the salary. step for their classification
which is closest to their previous "1 .05 hourly rate" (received by
temporary employees in some classifications prior to December 1 , 1987)
or other previous rate.
C. New Employees. Except as otherwise permitted . in deep class
resolutions , temporary employees hired on or after May 1 , 1987 shall
generally be appointed at the minimum step of the salary range
established for the particular class to which the appointment is made.
However, the Director of Personnel may authorize an appointing
authority to make a particular temporary appointment at a step above
the minimum of the range.
6. SalaryIncrements Within Range.
A. Increment Eligibility and Salary Review. Effective May 1 , 1987, all
temporary employees shall begin accumulating a record of straight time
hours worked for the purpose of a salary review to determine whether
the employee shall be advanced to the next higher step, or other step
as specified by deep class resolutions, in the salary range for the
classification. Advancement to a higher step shall be granted only on
the affirmative recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing authority
may recommend granting the salary increment or unconditional denial of
the increment.
B. Frequence of Increments. Increments within range shall not be granted
more frequently than once per every 2080 straight time hours worked by
a temporary employee.
C_. Effective Date. Step increases resulting from an approved salary
1 review shall be effective the first of the month following completion
of 2080 straight time hours worked and return of the salary review
report to the Personnel Department.
D. New Employees. Temporary employees hired on or after May 1 , 1987 at
step 1 of the salary range for their classification will be eligible
for a salary review as described in "6A" above after completion of
70
1040 straight time hours worked; additional salary reviews will be
after the cumulation of an additional 2080 straight time hours as
described in "66" above.
E. No provision of this section shall be construed to make the granting
of salary increments mandatory in the County.
7. Paid Time off.
A. Effective May 1 , 1987, temporary employees shall begin accumulating a
record of straight time hours worked.
B. Based upon the accumulation of straight time hours recorded ("7A"
above) , effective the first of the month following completion of each
2080 straight time hours worked, the temporary employee shall be
credited with forty (40) hours of "paid time off". Forty (40) hours
paid time off credit is the maximum amount an employee may have at any
time.
C. Use. Paid time off (PTO) shall not be taken until "credited" '("7B"
above) after completion of 2080 strai.ght time hours worked. PTO shall
be taken by an employee only with the approval of his/her supervisor.
D. Paid Off at Separation. If a temporary employee terminates his/her
County employment separates from County service), the employee shall
be paid all currently "credited" PTO hours ("7B" above) and, in
addition, shall be paid off for that portion of PTO hours earned but
not yet credited on the basis of that portion of the 2080 straight
time hours worked (STHW) cumulation. The formula for the earned but
not credited payoff is: STHW divided by 2080 multiplied by 40
multiplied by the current hourly pay rate at separation.
E. Appointment to a Permanent Position. If a temporary employee is
appointed to a permanent position, the "credited" PTO hours and the
earned but not yet credited PTO hours, as described in "7D" above,
shall be converted to "Vacation" hours and subject to the M0U
provision relating to vacation.
F. Paid Time Off Credit for Current Employees. All current employees who
are still employed on or after May 1 , 1987, as evidenced by having
worked and been paid on the May 25th payroll, shall be given paid time
off credited under the following conditions and calculated as follows:
1 . Straight time hours worked from January 1 , 1986 through April 30,
1987 shall be totaled.,
2. If an employee has : worked 1040 hours during that period,
thereafter he/she will earn four (4) hours PTO for each 173.33
straight time hours worked to a maximum of twenty (20) PTO hours.
3. PTO calculated above shall be credited to the employee' s PTO
account on the June 10, 1987 payroll .
71
4. Beginning June 16, 1987 , the employee will be eligible to use the
credited PTO with the approval of his/her supervisor.
8. Provisional Employees. Social Services Union, Local 535 is the formally
recognized employee organization for all provisional employees appointed
by the County from "outside County service" in classifications covered by
the Memorandum of Understanding between the County and the Union. The
provisional employee will continue •to receive the salaries and benefits
provided in the MOU for provisional employees. Provisional employees
shall be covered by the agency shop provisions of the Memorandum of
Understanding applicable to permanent employees, effective with the June
10, 1987 payroll , with the exception that provisional employees shall not
be required to pay any initiation fee or special assessment fee.
9. Grievance- Procedure. Temporary and provisional employees covered by this
Section may grieve only alleged violations of the specific terms and con-
ditions specified in Section 49.
If the foregoing conforms with your understanding, please indicate your accep-
tance and approval in the space provided below.
Date
By By
Organization Contra Costa County
SECTION 50 -, SOCIAL CASEWORK SPECIALIST III FEASIBILITY STUDY
Upon receipt of the appropriate P300 as submitted by the Social Service
Department and approved by the County Administrator's Office, the County agrees
to conduct a study into the feasibility of the creation of the classification of
Social Casework Specialist III. The County shall make its findings known to the
Union no later than March 1 , 1990 unless extended by mutual consent of both par-
ties, without obligation of the County to take action based upon the results of
the study. During the course of the study, the County shall review any infor-
mation submitted by the Union relevant to the study.
SECTION 51 - DEPENDENT CARE
A. Dependent Care Information & Referral Service
The county will administer an "Information & Referral Service" through the
Contra Costa Child Care Council for the duration of this Memorandum of
Understanding.
B. Dependent Care Salary Contribution
Effective the first pay period in August 1988, subject to the applicable
provisions of the Internal Revenue Service, employees may contribute up to
72
$5 ,000 each calendar year from their salaries for approved dependent care; only
eligible employees may contribute for such expenses; there is no County
contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of
itemized statements , adequate accumulation of the salary contribution,
proof of payment, and applicable County administrative procedures.
SECTION 52 - 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 53 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
53-.1 Scope of Agreement. Except as otherwise specifically provided herein, this
Memorandum of Understanding fully and completely incorporates the understanding
of the parties hereto and constitutes the sole and entire agreement between the
parties in any and all matters subject to meet and confer. Neither party shall ,
during the term of this Memorandum of Understanding demand any change herein,
provided that nothing herein shall prohibit the parties from changing the terms
of this Memorandum of Understanding by mutual agreement.
53.2 Separability of Provisions. Should any section, clause or provision of
this Memorandum of Understanding be declared illegal , unlawful or unenforceable,
by final judgment of a court of competent jurisdiction, such invalidation of
such section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full force and effect for
the duration of this Memorandum of Understanding.
53.3 Personnel Management Regulations. Where a specific provision contained in
a section of .this Memorandum of Understanding conflicts with a specific
provision contained in a section of the Personnel Management Regulations, the
provision of this Memorandum of Understanding shall prevail . It is recognized,
however, that certain provisions of the Personnel Management Regulations may. be
supplementary to the provisions of this Memorandum of Understanding and as such
remain in full force and effect.
33
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DATE Gil
i
I
CONTRA COSTA COUNTY SOCIAL SERVICES UNION, LOCAL 535
By BY -- _
By
By
y
t
B y
y
B
B Y
Y \ t I
By
By
By
74
Attachment A
Social Services Union, Local 535 and the County have met and conferred in good
faith regarding wages, hours and other terms and conditions of employment for
employees in project classes which except for the project designation would be
represented by Social Services Union, Local 535. For example, Social Program
Planner I is represented by Social Services Union, Local 535, therefore, it has
been agreed that Social Program Planner I-Project will also be represented by
Social Services Union, Local 535.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Social Services Union, Local 535, shall be
assigned to bargaining units in accordance with the provisions of
Section 34-12.015 of Board Resolution No. 81/1165.
The Union and the County understand that the meet and confer process with
respect to the conditions of employment for project classifications is unique
and therefore differs from other regular classes represented by Social Services
Union, Local 535 in the following respects.
1. Project employees are not covered by the Merit System.
2. Project employees may be separated from service at any time without
regard to the provisions of this Memorandum of Understanding,
without right of appeal or hearing or recourse to the grievance
procedure specified herein.
3. Any provision of this Memorandum of Understanding which pertains to
layoff or seniority are not applicable to project employees.
I
ATTACHMENT-B
SOCIAL SERVICES UNION, LOCAL 535
RANK & FILE UNIT
1989 - 1991 SALARIES
1/1/90
CURRENT 10/1/89 (20 LVLS. WAGE INCR.
-- PAY- - �39 LEVELS)- - -PLUS-20- LEVELS- P.E:
CLASS- -- _ .. - _ _ _. . _ _ __SR.- LVL.- -- - - - - LEVEL- - - RANGE- - _. . __ LEVEL- - - - - .-RANGE. - . - _ _
Child.Sys. Aide C5 1114 1153 (1439-1749) 1193 (1498-1820)
Elig. 'Wkr. I C5 1224 1263 (1606-1952) 1303 (1672-2032)
Elig. Wkr. II C5 1340 1379 (1804-2192) 1419 (1877-2282)
Elig. Wk Spec C5 1413 1452 (1940-2358) 1492 (2019-2455)
Med. Soc. Wkr. T2 1062 1101 (1749-3243) 1141 (1821-3375)
PH Soc. Wkrs. C5 1728 1767 (2658-3231 ) 1807 (2767-3363)
Ref.Asst.Prog.Tr.
Project_ C5 1608 1647 (2358-2866) 1687 (2454-2983)
Sr. Progs. Aide C5 1114 1153 (1439-1749) 1193 (1496-1819)
Sr.- Svs. Aide.. C5 1114 1153 (1439-1749) 1193 (1496-1819)
Soc.Cswk,Spec.I C5 1655 1694 (2471-3004) 1734 (2572-3126)
Soc.Cswk.Spec.II C5 1728 1767 (2658-3231 ) 1807 (2767-3363)
Soc.Prog.Plnr.II C5 1923 1962 (3230-3926) 2002 (3362-4087)
Soc.Svs.Prog.Asst. C5 1487 1526 (2089-2539) 1566 (2174-2643)
Soc. Worker C5 1608 1647 (2358-2866) 1687 (2454-2983)
Soc, Wkr. III-P C5 1608 1647 (2358-2866) 1687 (2454-2983)
Voc. Counsellor C5 1608 1647 (2358-2866) 1687 (2454-2983)
10/1/90 1/1/91
49 LVLS- = 10 LVLS: PAY EQUITY)
CLASS- - - - LEVEL- - .. - -RANGE- - LEVEL- - .-- - - RANGE. .. .. ........
Child.Svs. Aide 1242 (1573-1912) 1252 (1589-1931 )
Elig_. Wkr. I 1352 (1756-2134) 1362 (1773-2156)
Elig. Wkr. II 1468 (1972-2396) 1478 (1991-2420)
Elig. Wk. Spec. 1541 (2121-2578) 1551 (2142-2604)
Med. Soc. Wkr. 1190 (1912-3545) 1200 (1931-3580)
PH Soc. Wkrs... 1856 (2906-3532) 1866 (2935-3567)
Ref.Asst.Prog.Tr.
Project. 1736 (2577-3133) 1746 (2600-3161 )
Sr. Progs. Aide 1242 (1573-1912) 1252 (1589-1931 )
Sr. _Svs. Aide 1242 -(-1-57,3-1912) 1252 (1589-1931 )
Soc,Cswk,Spec.I 1783 (2701-3283) 1793 (2728-3316)
Soc.Cswk,Spec.II 1856 (2906-3532) 1866 (2935-3567)
Soc.Prog.Plnr.II 2051 (3531-4291 ) 2061 (3566-4335)
Soc.Svs.Prog.Asst. 1615 (2284-2776) 1625 (2306-2804)
Soc. Worker 1736 (2577-3133) 1746 (2600-3161 )
Soc. Wkr. III-P 1736 (2577-3133) 1746 (2700-3161 )
Voc. Counsellor 1736 (2577-3133) 1746 (2700-3161 )
Contra Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
CountMartinez, California 94553-1292
Y (415) 372-4064
Harry D. Cisterman
Director of Personnel
ATTACHMENT C
January 31, 1986
Peaslee, President
Social Services Union, Local 535
%Social Service Department
Dear Peaslee:
This side letter confirms agreement reached during the bargaining process on
minimum qualifications for Social Service Program Assistant, Social Worker and
Vocational Counselor.
The minimum requirements for these classes will be:
1. Social Service Program Assistant - First administration
only:
License Required: Valid California Motor Vehicle
Operator's License.
Experience: Six months fulltime experience as a Social
Worker Trainee or Social Worker in Contra Costa County.
Subsequent administrations:
License Required: Valid California Motor Vehicle
Operator' s License..
Education: Completion of 60 semester units or 90 quarter
units at an accredited college or university which
included at least 12 semester or 18 quarter units in
Psychology, Sociology, Social Welfare, or a .closely
related field,
Experience: Either 1) one year of fulltime experience or
its equivalent in a position in a California County with
responsibility for public assistance eligibility deter-
mination or the processing of documents relative to
either the placement of children or social service case ---
compliance; or 2) one year of fulltime .experience or its
equivalent as an Eligibility Worker II or a Children's
Services Clerical Specialist with Contra Costa County.
Substitution: Additional qualifying experience may be
substituted for the required education on a year-for-year
basis up to a maximum of two years.
!PMOL
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
-2-
2. Vocational Counselor
Minimum Qualifications: . Valid California Motor Vehicle
Operator's License.
Education: Possession of a baccalaureate degree from an
accredited college or university with a major in psycho-
logy, sociology, social welfare, vocational or rehabili-
tation counseling or a closely related field.
Experience: Either 1) One year of fulltime experience or
its equivalent in vocational counseling, job solicitation
or job placement, with responsibility for the evaluation
and adjustment of employment related problems of youth or
adults; or 2) one year of fulltime experience or its
equivalent as a Social Service Program Assistant with
Contra Costa County.
Substitution for Education: Additional qualifying
experience may be substituted for the required education
on a year-for-year basis up to a maximum of two years.
Substitution for Academic Major: Six months of addi-
tional qualifying experience may be substituted for the
required academic major.
3. Social Worker
Minimum Qualifications:
License: Valid California Motor Vehicle Operator' s
License.
Education: Possession of a Baccalaureate Degree from an
accredited college or university with a major in psycho-
logy, sociology, social welfare or a closely related
field.
Experience: Either 1). one year of fulltime experience or
its equivalent as a social worker in a human services
agency which included responsibility for case assessment,
development of treatment plans, liaison work with other
service agencies and/or problem resolution related to
case management functions; or 2) one year of fulltime
experience or its equivalent as a Social Service Program
Assistant with Contra Costa County.
Substitution for Education: Additional qualifying
experience or experience as an Eligibility Worker II or
as a Children's Services Clerical Specialist with Contra
Costa County or in an equivalent position in another
Human Services Agency may be substituted for the required
education on a year-for-year basis up to a maximum of two
years.
i
-3-
4.
3-4. The Social Casework Specialist I .exam shall be given as
both Open and Promotional . The Director of Personnel 's
authority under PMR 705 to determine a different order of
certification priority shall be used to alternately
appoint from the Open or the promotional list for Social
Casework Specialist I for those positions the Social
Service Department determines to fill at the Social
Casework Specialist I level .
If the foregoing is in accordance with your understanding, please indicate your
acceptance and approval in the space provided below.
Date;
Social Service Union, Local 535 S.E.I .U. Contra Costa County
BYAZ� �L
'- Social Service DepartmentCOntra ATTACHMENT D Please reply to:
Costa 2401 Stanwell Drive,#200
James A.Rydingsword P.O.Box 5488
Director
County Concord,California 94524
September 28, 1989
Randy Johnese
Social Service Union, SEIU, Local 535
661 27th Street
Oakland, CA 94612
Dear Mr. Johnese,
Confirming our agreement regarding notification of program
changes to the Workload Committee, the Social Service Department
shall provide to the Workload Committee, prior to a decision on
implementation, draft material or other suitable notice of major
new programs, significant changes to existing programs or
significant operational changes.
If the foregoing conforms with your understanding, please
indicate your acceptance and approval in the space provided below.
Dated
APPRO D & ACCEPTED Contra Cosa County
/V vv
By By
disk 18 jcwp '
workload.mem
I/
i.
Service Department EXHIBIT A P o:
Contra ��reply.. 2401 Stanwell Drive.x200
AydtngswordCOcta
V`u P.O.Box 5488
Director Concord.California 94524
County
September 27, 1989
Randy Johnese, Field Representative
Social Service Union, Local 535
661 - 27th Street
Oakland, CA 94612
Dear Mr. Johnese:
During the recently concluded meet and confer sessions, a
considerable amount of time and effort was devoted to the issue of
workload. As a result of those discussions, the Social Service
Department and County agreed to address this issue in the following
major areas:
1. Legislative:
The Department will . work with your organization and
lobbyist to coordinate legislative strategies with respect
to State funding criteria and process for all Department
programs.
2. Workload Committee - The Department is prepared to
continue working with the Workload Committee in the same
. manner as presently operating with defined response times
from the Director and Executive Team.
3. Modification of Income Maintenance: by 3-1-90
Flexible staffing of Ew Specialists who will maintain
caseloads above the State guidelines. At such time as
all work items in this subsection and recommendations
are implemented, Section 34.1 will be amended to include
the Eligibility Work Specialist classification.
. . Expansion of EW Specialists in Field Units whose duties
shall include, but not be limited to, .-assignments of
uncovered caseloads, backlogs in intake, technical
training, and lead work in field units. '
Specialized Intake
Program Work Group staffed with 2 union representatives,
two management representatives, and a supervisor or
program resource person as needed.
. Caseload projection hiring to-anticipate projected
cyclical surges in _caseload growth
Expansion of Training Unit - to possibly include
establishing a 'second training unit
4 . Child Welfare Services Programs & Staffing:
. The Department will continue to make every effort to
achieve maximum staffing levels within applicable state
cost control allocations.
Recruitment of CWS staff will be a Department priority;
continuous testing will remain in place for exams for
CWS classes.
. A Priority Work Group will make recommendations
regarding the streamlining of work and prioritization
when certain conditions exist. Recommendations will be
implemented by 3-1-90. The committee will be structured
as described above for IM. '
. Conduct a .study .for a Childrens'_ Services head Wornar.
5. Adult Services:
A Priority Work Group will be established to include
discussion of revenue, establishing task priorities, and
standardization/equalization of work. Implementation
will be by 3-1-90.
6. Protected Ting
. The Program Work Groups will also consider whether
establishing or modifying existing protected time will
result in greater workload efficiencies and enhance
service to clients.
i
The recommendations of each Program Work Group will be made to the
Director, whose decision concerning implementation will be final .
Further discussion of ongoing issues arising from this process may
be held in the Workload Committee.
I
I and my staff look forward to working with our employees and your
organization to accomplish meaningful implementation of these
matters.
incerely
amen d, Director
Disk 17 jcwp
Workload.dit
i
i
Qo al Service De artment ( ` Plea sereply to:
yr _4 P Lontra EXHIBIT B 2401 Stanwell Drive.t►200 .
James A.Rydingsword CoP.O..Box 5488
Costa''
s L Concord.California 94524
County
October 3, 1989
Randy Johnese
Social Services Union, Local 1535
661 - 27th Street
Oakland, CA 94612
Dear Mr. Johnese:
This letter will confirm that in the event of a layoff, the
Social Service Department will, to the extent possible, make
every reasonable effort to recognize part-time and full-time
employees seniority similarly with respect to ,separation.
Wh
en it becomes necessary to lay off part-time employees with
more seniority than retained full-time employees, the Department
will meet and discuss the reasons for the action' with the Union
prior to implementing the action.
No understanding conveyed by this letter will be construed to in
any way modify the layoff and seniority rules contained in the
Memorandum .of Understanding.
Sincerel
a yding Ord
r ctor
AR:a
-
unproll.res
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