HomeMy WebLinkAboutMINUTES - 11171992 - 1.59 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 17, 1992 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson, NcPeak
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Memorandum of Understanding with )
SEIU, Local 535, Rank & File Bargaining Unit ) Resolution No. 92/ 764
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On April 14, 1992 the Employee Relations Manager submitted a Memorandum of
Understanding dated April 13, 1992, entered into with the SEIU, Local 535 for
employees in the Rank& File Bargaining Unit represented by the organization.
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, SEIU, Local 535. The
Memorandum of Understanding with SEIU, Local 535 is attached hereto, and
Section Numbers 1 through 53 inclusive and Attachments are incorporated
herein as if set forth in full and made applicable to the represented employees.
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 October 1, 1991.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of th9
Boar14 Of Superyt,�ors on the date hown. , �p
ATTESTED: j_____—L�_L=E_��
PHIL BATCHELOR,cierk of the Board
Of Sup rvisors and County Administrator
13y ,Deputy
Orig. Dept. : Personnel (Contact Eileen Bitten @ 646-4054)
cc: Auditor-Controller
Operating Departments
SEIU, Local 535
RESOLUTION NO. 92/764
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
RANK & FILE UNIT
OCTOBER 1, 1991 - SEPTEMBER 30, 1993
SEIU, LOCAL 535
RANK & FILE UNIT
TABLE OF CONTENTS
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 1 UNION RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . 3
SECTION 2 UNION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.3 Maintenance of Membership . . . . . . . . . . . . . . . . . . . . . 5
2.4 Union Dues Form . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.5 Withdrawal of f Iembership . . . . . . . . . . . . . . . . . . . . . . 6
2.6 Communicating With Employees . . . . . . . . . . . . . . . . . . . 6
2.7 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . 6
2.8 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.9 Written Statement for New Employees . . . . . . . . . . . . . . . 7
SECTION 3 NO DISCRINUNATION . . . . . . . . . . . . . . . . . . . . . . . . 7
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . 7
4.2 Union Representatives . . . . . . . . . . . . . . . . . . . . . . . . 8
4.3 Social Service Representatives . . . . . . . . . . . . . . . . . . . 8
4.4 Social Service Office Stewards . . . . . . . . . . . . . . . . . . . 8
4.5 Department Notification . . . . . . . . . . . . . . . . . . . . . . . 9
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . . . . 9
5.2 Lump Sum Payment . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.3 Pay Equity Implementation . . . . . . . . . . . . . . . . . . . . . . 9
5.4 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.5 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.6 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . 11
5.7 Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . 12
5.8 Compensation for Portion of Month . . . . . . . . . . . . . . . 12
5.9 Position Reclassification . . . . . . . . . . . . . . . . . . 12
5.10 Salary Reallocation & Salary on Reallocation . . . . . . . . . . 12
5.11 Salary on Promotion . . . . . . . . . . . . . . . . . . . : . . . . 13
5.12 Salary on Appointment From a Layoff List . . . . . . . . . . . . 13
5.13 Salary on Involuntary Demotion . . . . . . . . . . . . . . . . . . 13
5.14 Salary on Voluntary Demotion . . . . . . . . . . . . . . . . . . . 14
5.15 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.16 Pay for Work in HigherClassification . . . . . . . . . . . . . 14
5.17 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5.18 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . 15
SECTION 6 DAYS & HOURS OF WORK
6.1 Normal Work Week & Deviations . . . . . . . . . . . . . . . . . . 16
6.2 Staggered Work Schedule . . . . . . . . . . . . . . . . . . . . . 16
6.3 9/80 Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
- i -
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . 19
7.3 Part-Time Differential . . . . . . . . . . . . . . . . . . . . . . . 20
SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 10 SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 11 UNION NOTIFICATION OF WORKFORCE REDUCTION
11.1 Workforce Reduction . . . . . . . . . . . . . . . . . . . . . . . . 22
11.2 Union Notification . . . . . . . . . . . . . . . . . . . . . . . . . . 22
11.3 Letter to Employees . . . . . . . . . . . . . . . . . . . . . . . . . 23
11.4 Salary on Appointment From Layoff List . . . . . . . . . . . . . 23
11.5 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
11.6 Separation Through Layoff . . . . . . . . . . . . . . . . . . . . 24
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . 26
12.2 Application of Holiday Credit . . . . . . . . . . . . . . . . . . 27
12.3 Observation of Holidays Falling on Saturday or Sunday . . . . 27
12.4 Accrual of Holiday Time & Credit . . . . . . . . . . . . . . . . . 27
SECTION 13 VACATION
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . . . . 28
13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . . . . . 28
13.3 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . 28
13.4 Vacation Allowance for Separated Employees . . . . . . . . . . . 28
13.5 Vacation Preference . . . . . . . . . . . . . . . . . . . . . . . . 29
r
SECTION 14 SICK LEAVE
14.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
14.2 Credits To and Charges Against Sick Leave . . . . . . . . . . . 29
14.3 Policies Governing the Use of Paid Sick Leave . . . . . . . . . . 29
14.4 Administration of Sick Leave . . . . . . . . . . . . . . . . . . . 31
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
14.6 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . 35
14.7 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . 37
14.8 Integration of SDI With County Sick Leave Program . . . . . . . 37
14.9 Disability Insurance Review Committee . . . . . . . . . . . . . . 37
14.10 Employee Annual Health Examination . . . . . . . . . . . . . . . 37
SECTION 15 LEAVE OF ABSENCE
15.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . 38
15.2 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
15.3 Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
15.4 Leave of Absence Replacement . . . . . . . . . . . . . . . . . . 39
15.5 Salary Review While on Leave of Absence . . . . . . . . . . . 40
15.6 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . 40
15.7 Time Off to Vote . . . . . . . . . . . . . . . . . . . . . . . . . . 40
- ii -
SECTION 16 JURY DUTY AND WITNESS DUTY
16.1 Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
16.2 Witness Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SECTION 17 HEALTH AND WELFARE, LIFE AND DENTAL CARE
17.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . . . 41
17.2 Health & Dental Subvention . . . . . . . . . . . . . . . . . . . . 41
17.3 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
17.4 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
17.5 Coverage During Absences . . . . . . . . . . . . . . . . . . . . 42
17.6 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . . . 43
17'.7 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
SECTION 18 PROBATIONARY PERIOD
18.1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
18.2 Classes With Probation Periods Over Six Months . . . . . . . . . 43
18.3 Revised Probationary Period . . . . . . . . . . . . . . . . . . . 43
18.4 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
18.5 Rejection During Probation . . . . . . . . . . . . . . . . . . . . 43
18.6 Regular Appointment . . . . . . . . . . . . . . . . . . . . . . . . 44
18.7 Layoff During Probation . . . . . . . . . . . . . . . . . . . 45.
18.8 Rejection During Probation of Layoff Employee . . . . . . . . . 45
SECTION 19 PROMOTION
19.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . . . 45
19.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . 45
19.3 Open Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
19.4 Promotion Via Reclassification Without Examination . . . . . . . 45
19.5 Requirements for Promotional Standing . . . . . . . . . . . . . . 46
19.6 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . 46
19.7 Physical Examination Requirement . . . . . . . . . . . . . . . . 46
SECTION 20 TRANSFER
20.1 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
20.2 Transfer Without Examination . . . . . . . . . . . . . . . . . . . 47
20.3 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
SECTION 21 RESIGNATIONS
21.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . . 47
21.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . 48
21.3 Effective Resignation . . . . . . . . . .. . . . . . . . . . . . . . 48
21.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
21.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . 48
SECTION 22 DISMISSAL, SUSPENSION AND DEMOTION
22.1 Sufficient Cause for Action . . . . . . . . . . . . . . . . . . . . 48
22.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . 49
22.3 Leave Pending Employee Response . . . . . . . . . . . . . . . . 50
22.4 Length of Suspension . . . . . . . . . . . . . . . . . . . . . . . 50
22.5 Procedure on Dismissal/Suspension/Disciplinary Action . . . . 50
- 111
SECTION 23 GRIEVANCE PROCEDURE
23.1 Definition and Procedural Steps . . . . . . . . . . . . . . . . . . 51
23.2 Scope of Adjustment Board and Arbitration Decisions . . . . . . 52
23.3 Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
23.4 Compensation Complaints . . . . . . . . . . . . . . . . . . . . . 53
23.5 Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . . . 53
23.6 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
23.7 Filing by Union . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
SECTION 24 BILINGUAL PROVISIONS
24.1 Salary Differential . . . . . . . . . . . . . . . . . . . . . . . . . 54
24.2 Spanish Notices of Action . . . . . . . . . . . . . . . . . . . . . 54
24.3 Non-English Speaking Caseloads . . . . . . . . . . . . . . . . . 54
SECTION 25 RETIREMENT CONTRIBUTION . . . . . . . . . . . . . . . . . . 54
SECTION 26 TRAINING REIMBURSEMENT . . . . . . . . . . . . . . . . . . . 54
SECTION 27 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
SECTION 28 RESPITE LEAVE WITHOUT PAY . . . . . . . . . . . . . . . . . 55
SECTION 29 MENTAL HEALTH SCREENING DIFFERENTIAL . . . . . . . . . 55
SECTION 30 CONSERVATORSHIP DIFFERENTIAL . . . . . . . . . . . . . . . 55
SECTION 31 NOTICE OF NEW EMPLOYEES . . . . . . . . . . . . . . . . . . . 56
SECTION 32 PERSONNEL ACTIONS
32.1 Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . 56
32.2 Counselling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
32.3 Copies .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
32.4 Performance Evaluation . . . . . . . . . . . . . . . . . . . . . . 57
SECTION 33 SAFETY PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . 59
SECTION 34 FLEXIBLE STAFFING
34.1 Designated Positions . . . . . . . . . . . . . . . . . . . . . . . . 60
34.2 Continuous Testing for Flexibly Staffed Classes . . . . . 60
SECTION 35 CAREER LADDER . . . . . . . . . . . . . . . . . . . . . . . . . . 61
SECTION 36 STAFFING ALLOCATIONS & WORKLOAD DISTRIBUTION
36.1 Quarterly Review . . . . . . . . . . . . . . . . . . . . . . . . . . 61
36.2 Department/Union Monthly Meeting . . . . . . . . . . . . . . 61
36.3 Meeting Participants . . . . . . . . . . . . . . . . . . . . . . . . 61
36.4 Topics for Discussion . . . . . . . . . . . . . . . . . . . . . . . 61
36.5 Meeting Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
36.6 Referral of Issues . . . . . . . . . . . . . . . . . . . . . . . . . 61
36.7 Workload Streamlining . . . . . . . . . . . . . . . . . . . . . 61
36.8 Maintenance of Positions . . . . . . . . . . . . . . . . . . . . . . 61
36.9 Continuation of Work Groups & Reports . . . . . . . . . . . . . 62
- iv -
SECTION 37 STAFFING ALLOCATIONS & REASSIGNMENTS . . . . . . . . . 62
SECTION 38 REIMBURSEMENT FOR MEAL EXPENSES . . . . . . . . . . . . . 63
SECTION 39 PERSONAL PROPERTY REIMBURSEMENT . . . . . . . . . . . . 64
SECTION 40 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . . . . . 64
SECTION 41 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . . . . . 65
SECTION 42 PERMANENT PART-TIME EMPLOYEE BENEFITS . . . . . . . . . 66
SECTION 43 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS . . . . . . 66
SECTION 44 PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN . . . . 66
SECTION 45 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . . . . . . . 66
SECTION 46 INDEMNIFICATION & DEFENSE OF COUNTY EMPLOYEES . . . 66
SECTION 47 MODIFICATION & DECERTIFICATION . . . . . . . . . . . . . . 67
SECTION 48 UNFAIR LABOR PRACTICE
48.1 Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
48.2 Unfair Labor Practice - County . . . . . . . . . . . . . . . . . . 67
48.3 Unfair Labor Practice - Union . . . . . . . . . . . . . . . . . . . 68
SECTION 49 REPRESENTATION OF TEMPORARY EMPLOYEES
49.1 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
49.2 Emergency Appointments . . . . . . . . . . . . . . . . .. . . . . 68
49.3 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
49.4 Agency Shop Deductions . . . . . . . . . . . . . . . . . . . . . . 69
49.5 Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
49.6 Salary Increments Within Range . . . . . . . . . . . . . . . . . . 70
49.7 Paid Time Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
49.8 Provisional Employees . . . . . . . . . . . . . . . . . . . . . . . 71
49.9 Grievance Procedure . . . . . . . . . . . . . . . . . .. . . . . . . 71
SECTION 50 DEPENDENT CARE . . . . . . . . . . . . . . . . . . . . . . . . . 71
SECTION 51 SPECIAL STUDIES & OTHER ACTIONS
51.1 Special Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
51.2 Other Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
SECTION 52 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
SECTION 53 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
53.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 72
53.2 Separability of Provisions . . . . . . . . . . . . . . . . . . . . . 72
53.3 Personnel Management Regulations . . . . . . . . . . . . . . . . 72
- v -
ATTACHMENTS & EXHIBITS
ATTACHMENT A - PROJECT POSITIONS
ATTACHMENT B - CLASS & SALARY LISTING
ATTACHMENT C - SIDE LETTER RE MQ'S FOR SOCIAL SERVICE PROGRAM
ASSISTANT, SOCIAL WORKER, AND VOCATIONAL
COUNSELOR
ATTACHMENT D - SIDE LETTER RE NOTIFICATION OF PROGRAM CHANGES TO
WORKLOAD COMMITTEE
EXHIBIT A - SEPTEMBER 27, 1989 LETTER RE WORKLOAD
EXHIBIT B - OCTOBER 3, 1989 LETTER RE RECOGNITION OF PART-TIME
& FULL TIME EMPLOYEES' SENIORITY FOR LAYOFFS
EXHIBIT C - HEALTH CARE COALITION SETTLEMENT AGREEMENT
- vi -
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 Manager (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 October 1, 1991 and ending
September 30, 1993.
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:
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees.allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the
class which the employee formerly occupied except as provided for under Transfer
or as otherwise provided for in this Memorandum of Understanding, in the Personnel
Management Regulations, or in specific resolutions governing deep classifications.
Director of Personnel: The person designated by the County Administrator to serve
as the Assistant County Administrator-Director of Personnel.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this Memorandum of Understanding and whose
position is held pending his/her return.
Employment List: A list of persons, who have been found qualified for employment
in a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff or displacement
or have voluntarily demoted in lieu of layoff.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on
an hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the
class which the employee formerly occupied, except as provided for under Transfer
or as otherwise provided for in this Memorandum of Understanding, in the Personnel
Management Regulations, or in specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full time,
part-time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five percent (5%) of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or
other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
- 2 -
Reemployment List: A list of persons, who have occupied positions allocated to any
class in the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent service with the County from
a position in the merit system.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not
in an allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same Blass in a different department, or to another position
in a class which is allocated to a range on the salary plan that is within five percent
(5%) at top step as the class previously occupied by the employee.
SECTION 1 - 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.
Community Aide Unit
Social Services Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority
representative may have dues deduction and as such the Union has the exclusive
privilege of dues deduction or agency fee for all employees in its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non-
discriminatory 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;
2. pay to the Union, an agency shop fee in an amount which does
not exceed an amount which may be lawfully collected under
applicable constitutional, statutory, and case law, which under
no circumstances shall exceed the monthly dues, initiation fees
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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 bona fide religion, body or sect which has historically
held a conscientious objection to joining or financially
supporting any public employee organization as a condition
of employment; and
b. pay a sum equal to the agency shop fee described in Section
2.2.B.2 to a non-religious, non-labor, charitable fund
chosen by the employee from the following charities: Family
and Children's Trust Fund, Child Abuse Prevention Council
and Battered Women's Alternative.
C. The Union shall provide the County with a copy of the Union's Hudson
Procedure for the determination and protest of its agency shop fees
The Union shall provide a copy of said Hudson Procedure to every fee
payor covered by this MQU 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 6pon 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 form 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
provision and the Union dues, agency shop fee, initiation fee or
charitable contribution required under Section 2.2.B.3 are not
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received, the Union may, in writing, direct that the County
withhold the agency shop fee and the initiation fee from the
employee's salary, in which case the employee's monthly salary
shall be reduced by an amount equal to the agency shop fee and
the County shall pay an equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless
against any and all claims, demands, suits, orders, or judgments, or
other forms of liability that arise out of or by reason of this Union
security section, or action taken or not taken by the County under this
Section. This includes, but is not limited to, the County's Attorneys'
fees and costs. The provisions of this subsection shall not be subject
to the grievance procedure.
H. The County 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 authorization form which
shall be deemed proper notice of his or her right to revoke said authorization.
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2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department
in writing, between August 1, 1993 and August 31, 1993, any employee assigned to
a classification represented by the Union may withdraw from Union membership and
discontinue paying dues as of the payroll period commencing September 1, 1993,
discontinuance of dues payments to then be reflected in the October 10, 1993
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 organizationliterature 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 uge of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on a grievance, and/or to contact a Union officer on
a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above purposes
is the reason for the visit, will be made with the departmental representative in.
charge of the work area, and the visit will not interfere with County services.
2.7 Use of County Buildings. The Union shall be allowed the use of areas nor-
mally used for meeting purposes for meetings of County employees during non-work
hours when:
a. Such space is available and its use by the Union is scheduled twenty-four
(24) hours in advance;
b. there is no additional cost to the County;
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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..
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) repre-
sentatives 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.a above. In each case, advance arrangements for
time away from the employee's work assignment shall be made with the Department
Head or designee. Such representatives from other departments shall be allowed
time off as provided in Section 4.2 and the representatives designated in this Section
shall not in the aggregate exceed five (5) employees.
4.4 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 4.1.d
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 El Sobrante 1
Rodeo 1 Douglas 1
Antioch 2 CMSE 1
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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.
SECTIONS - SALARIES
5.1 General Wage Increases
A. Effective October 1, 1991 each represented classification shall receive
a general wage increase of 30 levels on the County Salary Schedule
(30).
B. Effective October 1, 1992 each represented classification shall receive
a general wage increase of 30 levels on the County Salary Schedule
(3%).
5.2 Lump Sum Payment. In lieu of a retroactive pay requiring special payroll
recomputation processing back to October 1, 1991, the County will make a lump sum
payment to each employee for the months of October, November and December 1991
and January, February and March 1992, 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 3% to arrive at the employee's
lump sum payment. The payment amount thus computed will be added to the
employee's May 10th paycheck where it will be listed separately as a LUMP. SUM
PAYMENT subject to normal tax withholding and retirement deduction requirements.
5.3 Pay Equity Implementation. In recognition of the fact that all Pay Equity
adjustments cannot be fully completed within the time frame of the 1991-1993 MOU
between the County and the Workers' Chapter of SEIU Local 535, the parties agree
as follows:
A. Computation of Pay Equity Adjustments
The magnitude of Pay Equity adjustments is determined by applying the
method of least squares to data (points vs. salary) to create a trend
line. Each classification below the trend line shall receive Pay Equity
adjustments until such time as the total of pay equity adjustments equal
the initial difference between the salary of the class and that
represented by the trend line.
B. Funding for Pay Equity Adjustments
The County shall provide fifty cents ($.50) in Pay Equity adjustments
for each one dollar ($1.00) general wage increase authorized for
classifications represented by the participating Unions collectively,
provided that the total of Pay Equity adjustments in any contract year
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shall not exceed twenty-five percent (25%) of the general payroll
increase.
C. Method of Pay Equity Adjustments
The parties understand and agree that as various classifications reach
the point where further Pay Equity adjustments are unnecessary, the
Pay Equity fund will be disbursed among remaining classes and that this
may result in some classes receiving Pay Equity adjustments in excess
of 50% of their general wage increase.
D. Implementation Procedure
The parties agree to commence meet and confer discussions not later
than June 1, 1992 regarding the effective dates of the Pay Equity
adjustments, the distribution of the Pay Equity adjustments among the
eligible classes for the current contract year and the methodology for
determining the distribution of Pay Equity adjustments in subsequent
years.
Upon completion of this meet and confer process, the parties will enter
into a supplemental agreement regarding Pay Equity.
E. Each participating union will promise not to bring or support com-
parable 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) rdpresenting 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.
5.4 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.
5.5 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first
day of the calendar month after the calendar month when the employee
successfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday of the
month the anniversary date is the first day of the calendar month when
the employee successfully completes six months service.
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B. Promotions. The anniversary date of a promoted employee is
determined as for a new employee in Subsection 5.5.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 posi-
tion has been reallocated or reclassified to a class allocated to the same
salary range or to a salary range which is within five percent (5%) of
the top step of the previous classification, remains unchanged.
E. Reemployment. "The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and
not required to serve a probation period is determined in the same way
as the anniversary date is determined for a new employee who is
appointed the same date, classification and step and who then success-
fully completes the required probationary period.
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.
5.6 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 5.5 to determine whether the salary of the employee shall be advanced to the
next higher step in the salary range. Advancement shall be granted based on the
overall performance rating of standard or based on the affirmative recommendation
of the appointing authority. Based on the overall performance rating of below
standard, the appointing authority may recommend denial of the increment subject
to one additional review at some specified date before the next anniversary which
must be set at the time submitted by the Appointing Authority.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range
increment be granted at one time, except as otherwise provided in deep class
resolutions. In case an appointing authority recommends denial of the within range
increment on some particular anniversary date, but recommends a special salary
review at some date before the next anniversary the special salary review shall not
affect the regular salary review on the next anniversary date. Nothing herein shall
be construed to make the granting of increments mandatory on the County. If an
operating department verifies in writing that an administrative or clerical error was
made in failing to submit the documents needed to advance an employee to the next
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salary step on the first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.7 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.
5.8 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.
5.9 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic
salary schedule as is the class of the position before it was reclassified, shall be paid
at the same step of the range as the employee received under the previous
classification.
An incumbent of a position which is reclassified to a class which is allocated to a
lower range of the basic salary schedule shall continue to receive the same salary as
before the reclassification, but if such salary is greater than the maximum of the
range of the class to which the position has been reclassified, the salary of the
incumbent shall be reduced to the maximum salary for the new classification. The
salary of an incumbent of a position which is reclassified to a class which is allocated
to a range of the basic salary schedule greater than the range of the class of the
position before it was reclassified shall be governed by the provisions of Section 5.11
- Salary on Promotion.
5.10 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which
is reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall
be compensated at the same step in the new salary range the employee
was receiving in the range to which the class was previously allocated.
If the reallocation is from one salary range with more steps to a range
with fewer steps or vice versa, the employee shall be compensated at
the step on the new range which is in the same percentage ratio to the
top step of the new range as was the salary received before reallocation
to the top step of the old range, but in no case shall any employee be
compensated at less than the first step of the range to which the class
is allocated.
B. In the event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule,
apart from the general salary increase or decrease described in Section
5.10.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
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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 5.10.
5.11 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 5.15, shall receive the salary in the new salary range which
is next higher than the rate received before promotion. In the event this increase
is less than five percent (5%), the employee's salary shall be adjusted to the step in
the new range which is at least five percent (5%) greater than the next higher step;
provided, however, that the next step shall not exceed the maximum salary for the
higher class.
5.12 Salary on Appointment From a Layoff List. In the event of the appointment
of a laid off employee from the layoff list to the class from which the employee was
laid off, the employee shall be appointed at the step which the employee had formerly
attained in the higher class unless such step results in an increase of less than five
percent (5%), in which case the salary shall be adjusted to the step in the new range
which is five percent (5%) greater than the next higher step, if the new range
permits such adjustment.
5.13 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.14, shall have his salary reduced to the monthly salary
step in the range for the class of position to which he has been demoted next lower
than the salary received before demotion. In the event this decrease is less than
five percent (5%) , the employee's salary shall be adjusted to the step in the new
range which is five percent (5%) less than the next lower step; provided, however,
that the next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which he would have
achieved had he been continuously in the position to which he has been demoted, all
within-range increments having been granted.
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5.14 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.
5.15 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the
new class which equals the rate of pay received before the transfer. In the event
that the steps in the range for the new class do not contain the same rates as the
range for the old class, the employee shall be placed at the step of the new range
which is next above the salary rate received in the old range; or if the new range
does not contain a higher step:, the employee shall be placed at the step which is next
lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolution, the salary of the employee shall be set as provided
in the deep class resolution at a step not to exceed a five percent (5%) increase in the
employee's base salary. However, if the deep class transfer occurs to or from a deep
class with specified levels identified for certain positions and their incumbents, the
employee's salary in the new class shall be set in accordance with the section on
"Salary on Promotion" if the employee is transferring to another class or to a level
in a deep class for which the salary is at least five percent (5%) above the top base
step of the deep class level or class in which they have status currently.
5.16 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Subsection 5.11 - Salary on Promotion of this
Memorandum, commencing on the eleventh (11th) work day of the assignment, under
the following conditions:
a. The employee is assigned to a program service, or activity established by the
Board of Supervisors which is reflected in an authorized position which has
been classified and assigned to the Salary Schedule.
b. The nature of the departmental assignment is such that the employee in.the
lower classification becomes fully responsible for the duties of the position of
the higher classification.
c. Employees selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
d. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this Memorandum.
e. The appropriate authorization form has been submitted by the Department
Head at least eight (8) days prior to the expiration of the ten (10) day waiting.
period and approved by the County Administrator.
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f. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
g. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days, no additional waiting period will be required.
h. Any incentives (e.g. , the education incentive) and special differentials
(e.g. , bilingual differential and hazardous duty differential) accruing to the
employee in his/her permanent position shall continue.
i. During the period of work for higher pay in a higher classification, an
employee will retain his/her permanent classification, and anniversary and
salary review dates will be determined by time in that classification.
j. Allowable overtime pay, shift differential and/or work location differentials
will be paid on the basis of the rate of pay for the higher class.
5.17 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 5.17, 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.
5.18 Pay Warrant Errors. If an employee receives a pay warrant which has an error
in the amount of compensation to be received and if this error occurred as a result .
of a mistake by the Auditor-Controller's 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 in employee pay shall be corrected as soon as
possible as to current pay rate but no recovery of either overpayments or
underpayments to an employee shall be made retroactively except for the two (2)
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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 Staggered 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 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.
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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 exeeed 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
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.
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C. The selected staggered work schedule shall consist of the same eight 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.
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.
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-tenth hour
(six minutes) 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
- 18 -
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 provisions 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 7.2 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 depart-
ment 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.
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 over-
time hours worked until the employee's balance again reaches one
hundred twenty (120) hours.
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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 pro-
vided for in this Section. This provision may be waived at the discre-
tion of the Department Head or his designee.
G. When an employee promotes, demotes or transfers from the classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's
accrued compensatory time off balance will be carried forward with the
employee.
H. Compensatory time accrual balances will be paid off when an employee
moves from one department to another through promotion, demotion or
transfer. Said payoff will be made in accordance with the provisions
and salary of the class from which the employee is promoting, demoting
or transferring as provided in I. below.
I. Since employees accrue compensatory time off at the rate of one and
one-half (1-1/2) hours for each hour of authorized overtime worked,
accrued compensatory time balances shall be paid off at the straight
time rate (two-thirds (2/3) the overtime rate) for the employee's
current salary:
Whenever:
1. the employee changes status and is no longer eligible for
compensatory time off;
2. the employee promotes, demotes or transfers to another
department;
3. the employee separates from County service;
4. the employee retires;
5. the employee is granted a leave of absence.
J. Compensatory time off shall be accrued and taken in increments of one-
tenth (1/10) hour (six minutes).
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
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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
S
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 percent
(5%) 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 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.
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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 classifications) 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 classifications)
being reduced. 1
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 classifications) 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 r6duced 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.
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
- 22 -
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 5.12.
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 shall receive 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 617 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:
"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 617 inclusive of the Personnel Management
Regulations of Contra Costa County."
(Employee's Signature)
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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.
Iq
1. In the Same Class. A laid off permanent full time employee may
displace an employee in the department having less seniority in
the same class who occupies a permanent intermittent or
permanent part-time position, the least senior employee being
displaced first.
2. In the Same Level or Lower Class. A laid off or displaced
employee who-had achieved permanent status in a class at the
same or lower salary level as determined by the salary schedule
in effect at the time of layoff may displace within the department
and in the class an employee having less seniority; the least
senior employee being displaced first, and so on with senior
displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
2. A permanent full time employee may displace any intermittent or
part-time employee with less seniority (1) in the same class as
provided in Section 11.6.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
- 24 -
length of service in other classes at the same or higher salary levels as
determined by the salary schedule in effect at the time of layoff.
Employees reallocated or transferred without examination from one class
to another class having a salary within five percent of the former class
shall carry the seniority accrued in the former class into the new class.
Service for layoff and displacement purposes includes only the
employee's last continuous permanent County employment. Periods of
separation may not be bridged to extend such service unless the
separation is a result of layoff in which case bridging will be authorized
if the employee is reemployed in a permanent position within the
employee's layoff eligibility.
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 ties) 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.
I. Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of person(s) laid off, displaced or demoted by displacement or
voluntarily demoted in lieu of layoff or 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 probation as referenced in
Section 18.7 and 18.8 and restored to the layoff list, the rejected
- 25 -
employee will not again be certified to the department 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 receipf 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 1sf, 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.
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-tenth hour (6 minutes) , and preference of personal
holidays shall be given to employees according to their seniority in their
department as reasonably as possible.
- 26 -
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 12.1.A 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), 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 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. - a,
D. Accrued holiday credit may not be accumulated in excess of. two
hundred eighty-eight (288) working hours, exclusive of regular "
- 27 -
0
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-tenth hour (six minutes).
Vacation credits may not be taken during the first six (6) months of employment (not
necessarily synonymous with probationary status) except where sick leave has been
exhausted; and none shall be allowed in excess of actual accrual at the time vacation
is taken.
13.2 Vacation Accrual Rates.
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 ser-
vice, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
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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 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized;
it is not paid time off which employees may use for personal activities.
14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as
prescribed by County Salary Regulations and memoranda of understanding.
Employees who work a portion of a month are entitled to a pro rata share of the
monthly sick leave credit computed on the same basis as is partial month
compensation.
Credits to and charges against sick leave are made in minimum amounts of one-tenth
hour (6 minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick
leave credits shall be cancelled, unless the separation results from layoff, in which
case the accumulated credits shall be restored if reemployed in a permanent position
within the period of lay off eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement time on the basis on one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions
apply:
"Immediate Family" means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-
law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin,
stepbrother, or stepsister of an employee and/or includes any other person for whom
the employee is the legal guardian or conservator, or any person who is claimed as
a "dependent" for IRS reporting purposes by the employee.
"Employee" means any person employed by Contra Costa County in an allocated
position in the County service.
"Paid Sick Leave Credits" means those sick leave credits provided for by County
Salary Regulations and memoranda of understanding.
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"Condition/Reason": With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is requested
or verified, a brief statement in non-technical terms from the employee regarding
inability to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. Temporary Illness or Injury of an Employee. Paid sick leave credits
may be used when the employee is off work because of a temporary
illness or injury.
B. Permanent Disability Sick Leave. Permanent disability means the
employee suffers from a disabling physical injury or illness and is
thereby prevented from engaging in any County occupation for which
the employee is qualified by reason of education, training or
experience. Sick leave may be used by permanently disabled employees
until all accruals of the employee have been exhausted or until the
employee is retired by the Retirement Board, subject to the following
conditions:
1. An application for retirement due to disability has been filed with
the Retirement Board.
2. Satisfactory medical evidence of such disability is received by
the appointing authority within 30 days of the start of use of sick
leave for permanent disability.
3. The appointing authority may review medical evidence and order
further examination as deemed necessary, and may terminate use
of sick leave when such further examination demonstrates that
the employee is not disabled, or when the appointing authority
determines that the medical evidence submitted by the employee
is insufficient, or where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits
when under a physician's order to remain secluded due to exposure to
a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery therefrom,,shall be allowed to utilize
sick leave credit to the maximum accrued by such employee during the
period of such disability under the conditions set forth below:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of
disability from the employee's attending physician. The
statement must address itself to the employee's general physical
condition having considered the nature of the work performed by
the employee, and it must indicate the date of the commencement
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of the disability as well as the date the physician anticipates the
disability to terminate.
2. If an employee does not apply for leave and the appointing
authority believes that the employee is not able to properly
perform her work or that her general health is impaired due to
disability caused or contributed to by pregnancy, miscarriage,
abortion, childbirth or recovery therefrom the employee shall be
required to undergo a physical examination by a physician
selected by the County. Should the medical report so
recommend, a mandatory leave shall be .imposed upon the
employee for the duration of the disability.
3. Sick leave may not be utilized after the employee has been
released from the hospital unless the employee has provided the
County with a written statement from her attending physician
stating that her disability continues and the projected dates of
the employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1. For working time used in keeping medical and dental
appointments for the employee's own care; and
2. For working time used by an employee for prescheduled medical
and dental appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits
for working time used in cases of illness or injury to an immediate family
member.
G. Death of Family Member. An employee may use paid sick leave credits
for working time used because of a death in the employee's immediate
family, but this shall not exceed three working days, plus up to two
days of work time for necessary travel.
H. Accumulated paid sick leave credits may not be used in the following
situations:
1. Vacation. Paid sick leave credits may not be used for an
employee's illness or injury which occurs while he is on vacation
but the County Administrator may authorize it when extenuating
circumstances exist and the appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when
the employee would otherwise be eligible to use paid sick leave
credits but is not in pay status.
14.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. The following procedures
apply:
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A. Employee Responsibilities
1. Employees are responsible for notifying their department of an
absence prior to the commencement of their work shift or as soon
thereafter as possible. Notification shall include the reason and
possible duration of the absence.
2. Employees are responsible for keeping their department informed
on a continuing basis of their condition and probable date of
return to work.
3. Employees are responsible for obtaining advance approval from
their supervisor for the scheduled time of pre-arranged personal
or family medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1)
a current telephone number to which sick leave related inquiries
may be directed, and (2) any condition(s) and/or restriction(s)
that may reasonably be imposed regarding specific locations
and/or persons the department may contact to verify the
employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be
denied if these procedures are not followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the. sick
leave claim. The department head or designee may make reasonable inquiries about
employee absences. The department may require medical verification for an absence
of three (3) or more working days. The department may also require medical
verification for absences of less than.three (3) working days for probable cause if
the employee had been notified in advance in writing that such verification was
necessary. Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other
contact telephone number provided by the employee if telephone
notification was not made in accordance with departmental sick
leave call-in guidelines. These inquiries shall be subject to any
restrictions imposed by the employee under Section 14.4.A.
2. Obtaining the employee's signature on the Absence/Overtime
Record, or on another form established for that purpose, as
employee certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of explanation
regarding the sick leave claim.
4. Requiring the employee to obtain a physician's certificate or
verification of the employee's illness, date(s) the employee was
incapacitated, and the employee's ability to return to.work, as
specified above.
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5. In absences of an extended nature, requiring the employee to
obtain from their physician a statement of progress and
anticipated date on which the employee will be able to return to
work, as specified above.
Department heads are responsible for establishing timekeeping procedures which will
insure the submission of a time card covering each employee absence and for
operating their respective offices in accordance with these policies and with
clarifying regulations issued by the Office of the County Administrator.
To help assure uniform policy application, the Personnel Director or designated
management staff of the County Personnel Department should be contacted with
respect to sick leave determinations about which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance
of duty is subject to dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An appointing authority
after giving notice may place an employee on leave if the appointing
authority has filed an application for disability retirement for the
employee, or whom the appointing authority believes to be temporarily
or permanently physically or mentally incapacitated for the performance
of the employee's duties.
B. An appointing authority who has reasonable cause to believe that there
are physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee's performance of duty, may order
the employee to undergo at County expense and on the employee's paid
time, a physical, medical and/or psychiatric examination 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 disa-
bility 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 preju-
dice 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 an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two weeks
in duration, the appointing authority may order the employee to
undergo at County expense a physical, medical, and/or psychiatric
examination by a licensed physician, and may consider a report of the
findings on such examination. If the report shows that such employee
is physically or mentally incapacitated for the performance of duty, the
appointing authority may take such action as he deems necessary in
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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 ehas 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 spe-
cified 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:
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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 perfor-
mance 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.
e
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually
select the Disability Review Arbitrator, who may be a de facto
arbitrator, or a physician, or a rehabilitation specialist, or some other
recognized specialist mutually selected by the parties. The arbitrator
shall hear and review the evidence. The decision of the Disability
Review Arbitrator shall be binding_on both the County and the
employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence
or suspension.
2. The arbitrator may make his decision based only on evidence
submitted by the County and the employee.
3. The Arbitrator may order back pay or paid sick leave credits for
any period of leave of absence or suspension if the leave or
suspension is found not to be sustainable, subject to the
employee's duty to mitigate damages.
4. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's association.
M. It is understood that the benefits specified in Sections 14 and 15 shall
be coordinated with the rehabilitation program as determined by the
labor-management committee.
14.6 Workers' Compensation. The County will reduce Workers' Compensation for
all non-safety employees to 94% of monthly salary for all claims filed with the
employee's department on or after February 10, 1992 and 88% of monthly salary for
all claims filed on or after January 1, 1993. All savings generated will be used
toward offsetting chargeable increases in County subvention of premiums for health
and dental plans. If Workers' Compensation becomes taxable, the County agrees to
restore the current benefit level (100% of monthly salary) and the parties shall meet
and confer with respect to funding the increased cost.
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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 receive the authorized percentage of
regular salary during any period of compensable temporary disability
absence. "Compensable temporary disability absence" for the purpose
of this Section, is any absence due to work connected disability which
qualifies for temporary disability compensation 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 disability payments received by him/her from any County
funded wage replacement program. No charge shall be made against .
sick leave or vacation for these salary payments. Sick leave and
vacation rights shall not accrue for those periods during which salary
payments are made.
The maximum period for the described salary continuation for any one
injury or illness shall be one year from the date of temporary disability.
B. Continuing pay 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, the authorized salary will
continue by integrating sick leave and/or vacation accruals with
Workers' Compensation benefits. If salary integration is no longer
available, Workers' Compensation benefits will be paid directly to the
employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for
Workers' Compensation Rehabilitation Temporary Disability benefits and
whose disability is medically permanent and stationary 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
benefits.
F. Method of Integration. An employee's sick leave and/or vacation
charges shall be calculated as follows: C = 8 [1 - (W = S)]
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C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
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 Disability 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:
a. Integration with State Disability is automatic and cannot be waived.
b. 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.
c. If the employee is eligible for State Disability Insurance benefits, application
must be made and the benefits returned to the County for sick leave credits
so that the principle of integration is completed.
d. 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.
e. 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.
f. Restoration of sick leave balances shall be rounded to the nearest one-half
(1/2) hour.
g. In no instance will an employee be allowed to purchase sick leave not accrued.
h. 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.
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However, employees will not be required to take x-ray exams in excess of what is
required by applicable Federal and State laws.
Employees will also be requested to be screened for Rubella immunity. If the result
of the Rubella test is negative, the appointing authority or designee will recommend
that the employee become immunized. If the employee has direct patient contact and
refuses to become immunized, said employee will be relocated to an indirect patient
contact area.
SECTION 15 - LEAVE OF ABSENCE
15.1 Leave Without Pay. Any employee who has permanent status in the classified
service may be granted a leave of absence without pay upon written request,
approved by the appointing authority; provided, however, that leaves for
pregnancy shall be granted in accordance with applicable state and federal law.
Upon request to the appointing authority, any employee who has permanent status
in the classified service shall be entitled to at least an eighteen (18) week (less if so
requested by the employee) parental leave of absence, commencing with the birth,
adoption, or serious illness of a child or dependent parent.
Insofar as pregnancy disability leave is used under Section 14.2D, 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 entitlements during the 18
week parental leave; however, use of accruals must be on a continuous basis from
the beginning of the parental leave period and may not be broken into segments used
on a monthly basis (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 withdut 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.
Leave without pay may be granted for any of the following reasons:
a. Illness or disability;
b. pregnancy;
C. parental leave;
d. to take a course of study such as will increase his usefulness on return to his
position;
e. 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,
- 38 -
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 provided such still exists and the
employee is otherwise qualified, without any loss of standing of any kind
whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or
promotional examination, time on military leave shall be considered as time in County
service.
Any employee who has been granted a military leave, may upon return, be required
to furnish such evidence of performance of military service or of honorable discharge
as the Director of 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 per-
manent 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.
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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 suf-
ficient time outside of working hours to vote at a statewide election, may, without
loss of pay, take off enough working time which will enable the employee to vote.
No more than two (2) hours of the time taken off for voting shall be without loss of
pay. The time off for voting shall be only at the beginning or end of the regular
working shift, whichever allows the most free time for voting and the least time off
from the regular working shift.
Any employee seeking time off to vote under the provisions of this Section, must
submit a written request, at least two (2) working days in advance, to his or her
immediate supervisor, stating the following: name; job classification; department;
a statement "I am a registered voter"; geographic location and address of the
employee's polling place; amount of time 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.
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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 mil6age 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.
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, and 1st
Choice Health Plan to all permanent employees regularly scheduled to work twenty
(20) or more hours per week. During the term of this Memorandum of
Understanding, all conditions and agreements regarding health, dental and related
benefits contained in the January 28, 1992 Letter of Agreement between the County
and the Health Care Coalition shall be in effect.
17.2 Health and Dental Subvention. The following rates apply to permanent full
time and permanent part-time employees working at least 20/40th a week.
Permanent-intermittent, provisional, and permanent part-time employees working
less than 20 hours a week may enroll in a plan but are not entitled to the County
subvention.
A. Subvention for 1991-1992.
1. CCHP and Dental: County will contribute $10 single and $26
family for monthly premium increases; employees will continue to
pay $.01 per month.
2. Dental Only: Employees will continue to pay $.01 per month.
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3. 1st Choice, Kaiser and Dental: County will contribute 77 percent
(77%) toward monthly health and dental premiums. The County
subvention for Safeguard B to be the same contribution as for
Safeguard A not to exceed total premium of Safeguard B.
B. Subvention for 1992-1993.
1. CCHP and Dental: County will contribute 98 percent (98%) of
monthly premium cost for health and dental premiums.
2. Dental Only: Employees will continue to pay $.01 per month.
3. 1st Choice, Kaiser and Dental: County will contribute 77 percent
(77%) towdrd monthly health and dental premiums. The County
subvention for Safeguard B to be the same contribution as for
Safeguard A not to exceed total premium of Safeguard B.
17.3 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 Dependents) 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 subtracting the monthly
Part B Medicare premium withheld from Social Security payments for two enrollees.
17.4 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.
17.5 Coverage During 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 con-
tinuing 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
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the extent provided under COBRA by making premium payments to the County at a
time and place specified by the County.
17.6 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.
17.7 Dual Coverage. If a husband and wife both work for the County and one of
them is laid off, the remaining eligible shall be allowed to enroll or transfer into the
health coverage combination of his/her choice.
An eligible employee who is ndflonger 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 proba-
tion 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
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any rejection during the probationary period based on political or
religious affiliations or opinions, Union activities, or race, color,
national origin, sex, age, handicap, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set
forth the grounds and 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.
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 deci-
sion, pursuant to the relevant provisions of the Merit Board rules in
which proceedings the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny
the appeal. If, after hearing, the Merit Board upholds the appeal, it
shall direct that the appellant be reinstated in the position and the
appellant shall begin a new probationary period unless the Merit Board
specifically reinstates the former period.
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.
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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 During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to.complete
only the balance of the required probation.
If reemployed in another department or in another classification, the employee shall
serve a full probationary period. An employee appointed to a permanent position
from a layoff or reemployment list is subject to a probation period if the position is
in a department other than the department from which the employee separated,
displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or
reemployment list is not subject to a probation period if the position is in the
department from which the employee separated, displaced or voluntarily demoted in
lieu of layoff.
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.
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r
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.
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 promotional 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 determined. No
employee, however, shall receive more than a total of five percent (5%) 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;
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e. the Director of Personnel shall have approved the change. Notwithstanding
the foregoing, transfer may also be accomplished through the regular
appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
20.2 With the approval of the 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 with
the duties and responsibilities of the position to which the employee is being
transferred. ;
b. the employee must possess the minimum qualifications for the job classification
to which the employee is being transferred.
c. the employee must serve the probationary period required for the 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 initiative 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 shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to
the employee and to the 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.
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21.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave; and
b. five (5) more consecutive 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 spoken
to the appointing authority, operative either on that date or another date specified.
21.4 Revocation. A resigriation 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. ifnless, 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 deci-
sion 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
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rather than inclusive of restrictions and dismissal, suspension or demotion may be
based on reasons other than those specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system into disrepute,
d. disorderly conduct,
e. incompetence or inefficiency,
f. insubordination, r
g. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty, i.e. non-performance of assigned responsibilities
i. negligent or willful damage to public property or waste of public supplies or
equipment,
j. violation of any lawful or reasonable regulation or order given by a
supervisor or Department Head,
k. willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations,
1. material and intentional misrepresentation or concealment of any fact in
connection with dbtaining employment,
M. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this Memorandum of
Understanding,
o. dishonesty or theft,
p. excessive or unexcused absenteeism and/or tardiness.
q. sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile
working environment.
22.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice) . Before
taking a disciplinary action to dismiss, suspend for more than five (5) work days,
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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
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 specified
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 Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an employee
having permanent status in a position in the merit system, after having
complied with the Provisions of Section 22.2, where applicable, the
appointing authority shall make an order in writing stating specifically
the causes for the action.
B. Service of Order. Said order of dismissal, suspension, 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
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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 application 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 interpretation 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 incidfnt or occurrence 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 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
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employed to represent the County in the meeting and conferring process.
Where the parties agree, the Adjustment Board may be comprised of two (2)
Union representatives and two (2) County representatives. The Adjustment
Board shall meet within twenty (20) work days of receipt of the written
request and render a decision.
E. Step 5. 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 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.
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 connec-
tion 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.
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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 are not being compensated in accordance with
the provisions of this Memotandum 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 such discussion. 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.
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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, or in the Social Service Department, to those
who translate in accordance with the designated criteria of one day per week or 20%
of the time or whose caseloads are 25% or more non-English speaking. Said
differential shall be prorated for employees working less than full time and/or who
are on an unpaid leave of abstnce 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 shall implement Spanish Notices of Action.
24.3 For those employees with 25% or more non-English speaking caseloads, their
caseload shall be reduced by 10%.
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 reim-
bursing 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
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or one hundred fifty dollars ($150) per quarter, not to exceed six hundred dollars
($600) per year.
Those employees entering the Social Casework Assistant classification by the
substitution pattern in the minimum qualifications shall be entitled to direct benefit
tuition reimbursement under the County training reimbursement policy. Such
employees requesting a leave of absence or permanent part-time positions for the
purpose of completing a bachelor's degree shall be given priority consideration by
the Department.
SECTION 27 - MILEAGE
Effective May 1, 1992, the mileage allowance for use of personal vehicles on County
business shall be paid according to the rates allowed by the Internal Revenue
Service (currently$.28 per mile) and shall be adjusted to reflect changes in this rate
on the date it becomes effective or the first of the month following announcement of
the changed rate by the Internal Revenue Service, whichever is later.
SECTION 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 percent (5%) 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 percent (5%) of the hourly equivalent of the base rate
while in pay status including paid vacation, paid sick leave, and paid holidays.
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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.
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
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 per-
sonnei 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.
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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.
C. The employee's first level supervisor shall prepare written documen-
tation (including any applicable memos, WIDSI's, etc.) of such coun-
selling 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.
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 eva-
luation shall be removed from the employee's departmental personnel file
upon the written request of the employee. If an employee is not
evaluated when an annual performance is due, the employee may
request through the Department Personnel Officer that a performance
evaluation be completed. If an employee has not had a performance
evaluation within eighteen months subsequent to a counselling memo
being placed in the employee's department personnel file, the
counselling memo shall be removed from the employee's personnel file,
provided that there has not been a subsequent counselling memo on the
same subject in that period of time.
C. Upon written request of the employee, copies of letters of reprimand or
warning shall be sent to the Union.
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
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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 demoti h or dismissal will be made. However, if at the end of
three months, there has been improvement but the employee's performance is still
not at a STANDARD level, the employee may be given two additional three-month
periods to meet the standards if the supervisor agrees those standards will be
reached during this period.
The work performance of each employee is to be rated on all of the rating factors on
the appropriate form. Each of these factors has been found to be of critical
importance in determining successful job performance for employees.
Individual rating factors and overall ratings of BELOW STANDARD must be
substantiated in the Comments section, as well as suggestions or plans for improved
performance in those areas.
If some significant aspect of performance is above the level indicated by the factor
rating, this may be pointed out by a statement in the Comments section to the
employee.
The Rater will discuss the report with the employee and provide the employee with
a copy at that time if the employee wishes to discuss the report with the Reviewer.
In signing the report, the employee is merely acknowledging having seen the report;
it does not indicate agreement.
DEFINITIONS OF RATINGS
A factor rating of STANDARD means that this part of the employee's work
performance is consistently up to the level expected of a competent worker in the
position. An overall rating of STANDARD means that the employee's work
performance is acceptable and will result, where pertinent, in receipt of salary
increment, promotion, or permanent status.
A factor rating of BELOW STANDARD means that this part of the employee's work
performance is frequently below the level of a competent worker in the position and
that effort should be made to improve. An overall rating of BELOW STANDARD
means the employee's work performance is inadequate and may result in the loss or
delay of the salary increment, demotion, dismissal, or rejection on probation.
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APPEAL PROCEDURE
If an employee believes his/her rating is improper, he/she should discuss it with the
Rater. If still not satisfied, the employee should sign the report and place an "X"
in the space provided by his/her signature to indicate he/she wishes to discuss the
report with the Reviewer (the Social Service Division Manager). Within five calendar
days after being given a copy of the Report of Performance Evaluation, an employee
who wishes consideration in addition to the Rater's evaluation should prepare a
written statement to the Reviewer as follows: 1) Identify the report by stating the
date of the report, the name of the Rater, and the date the report was received; 2)
Specify the ratings or comments which he/she believes are incorrect and should be
changed; 3) Give 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 the employee to consider the employee's comments and to
respond in writing. The Reviewer's response shall be given to the employee. A
copy of the Reviewer's response along with the employee's written statement shall
be attached to the Report of Performance Evaluation. Failure to allow the foregoing
procedure is subject to the grievance procedure. However, disputes over the actual
content or ratings themselves in individual evaluations are not grievable.
SECTION 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:
a. A central department Safety Committee comprised of one (1) member
appointed by Local 535 from each major building location, one (1) management
employee who shall be the Building Manager for that location and other
employee organization representatives, and the Department Personnel
Officer, or designee. The Department Personnel Officer, or designee, will
serve as chairperson. The committee shall meet every six weeks. In the
event that the appointed person is not available to chair the meeting on the
scheduled date, an alternative chair. will be appointed by the Personnel
Officer or the meeting will be rescheduled within 3 weeks unless mutually
waived by the Union and the Department. Minutes of each meeting shall be .
recorded and distributed to each committee member.
b. All Committee members will receive training on a) accident/injury reporting
procedures, b) accident/injury investigation and prevention, c) safety
awareness, and d) procedures by which safety concerns are handled.
c. Committee recommendations shall be reported to and reviewed by the
Department Head. Responses to such recommendations shall be communicated
to the Safety Committee at its next regularly scheduled meeting or some other
mutually agreeable period.
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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 promoted to the next
higher classification within the job series without need of a classification study.
The following job classifications are flexibly staffed:
Social Casework Specialist I to Social Casework Specialist II
Eligibility Worker I to Eligibility Worker II
Eligibility Worker II to Eligibility Work Specialist
Open examinations at either level in the above mentioned classifications shall be
administered upon the request of the Department Head and approval of the Director
of 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
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.
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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: Eligibility 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 prop6rtion 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.
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.
36.7 The Union shall quarterly identify functions, procedures, and processes
which it believes are unnecessary, and that should -be discontinued as a means of
streamlining workload.
If the process is County mandated only, the Department has 60 days to respond by
discontinuing the process or provide the justification for continuing it.
If the process is State or Federally mandated, and the Department considers it
feasible that the process be discontinued, the Department will request appropriate
waivers or provide the justification for continuing it. Upon receipt of the waivers,
the process shall be discontinued.
36.8 The Social Service Department will make all reasonable efforts to keep filled
all budgeted and authorized positions.
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36.9 The currently implemented work groups and any currently implemented
reports shall continue, as outlined in the September 27, 1989 side letter, for a period
of one year and may be continued thereafter as mutually agreed by the parties.
SECTION 37 - STAFFING ALLOCATIONS & REASSIGNMENTS
On the basis of the monthly staffing/workload distribution review, per Section 36,
the Department shall initiate reassignments of staff.
The following procedure shall be used:
a. Internal moves within a building shall be made at the discretion of the
Division Head withiw 5 days following publication and Union receipt of
Department staff and caseload allocations. In determining moves of employees
within an office, managers will solicit volunteers; if no volunteers respond,
the employee with the least series seniority within the unit/area identified will
be moved.
b. Authorized staffing levels shall be published on a monthly basis. After any
internal moves in a building have been made in accordance with step 1,
further vacant authorized positions in buildings shall be alternately bid to the
appropriate class in all offices for a three-day period or certed from the
appropriate Eligible List.
c. Employees responding to bids shall respond to the Department Personnel
Unit, and must confirm any verbal response in writing; written confirmation
must be received by 5:00 p.m. on the day the bid closes for the employee to
be considered in determining the five (5) most senior employees in the class.
d. If the Department is at authorized staffing and there are no responses to the
posted bid noticb, 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.
e. Authorized vacancies resulting from the bid process shall automatically be
certed from an appropriate eligible list.
f. Persons involuntarily reassigned shall be given the opportunity to return to
their former building when the first vacancy occurs in the building from
which the employee was involuntarily transferred provided however, if an
employee voluntarily transfers after such involuntary transfer that employee
shall lose such reversionary rights.
g. 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.
= 62 -
h. Specially funded assignments or assignments of limited duration shall not be
subject to procedures in this Section.
i. 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.
c
j. 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:
a. When the employee is required by his/her Department Head to attend a
meeting concerning County business or County affairs.
b. When the employee is required to be out of his/her regular or normal work
area during a meal hour because of a particular work assignment.
c. When the employee is required to stay over to attend consecutive or con-
tinuing afternoon and night sessions of a board or commission.
d. When the employee is required to incur expenses as host for official guests
of the County, work as members of examining boards, official visitors, and
speakers or honored guests at banquets or other official functions.
e. When the employee is required to work three or more hours of overtime; in
this case he or she may be reimbursed in accordance with Administrative
Bulletin on expense reimbursement.
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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:
a. The loss or damage must result from an event which is not normally encoun-
tered or anticipated ori the job and which is not subject to the control of the
employee.
b. Ordinary wear and tear of personal property used on the job is not compen-
sated.
C. Employee tools or equipment provided without the express approval of the
department head and automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper care by
the employee.
f. The personal property was necessarily worn or carried by the employee in
order to adequately fulfill the duties and requirements of the job.
g. The loss or damage to employees eyeglasses, dentures, or other prosthetic
devices did not occur simultaneously with a job connected injury covered by
workers' compensation.
h. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be limited to
the actual value of the item at the time of loss or damage but not more than the
original cost.
i. The burden of proof of loss rests with the employee.
j- Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
SECTION 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) .
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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
hesematters 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.
c
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
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.
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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.
r
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 - PROVISI6NAL 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 - INDEMNIFICATION AND DEFENSE OF COUNTY EMPLOYEES
The County shall defend and indemnify an employee against any claim or action
against the employee on account of an act or omission in the scope of the employee's
employment with the County in accordance with, and subject to, the provisions of
California Government Code Sections 825 et seq and 995 et seq.
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SECTION 47 - MODIFICATION AND DECERTIFICATION
For the duration of this Memorandum of Understanding the following amendments to
Board Resolution 81/1165 shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified in the first paragraph
to delete the ten (10) percent requirement for an employee organization intervening
in the unit. determination process and substitute therefore a thirty (30) percent
requirement.
Section 34-12.013 - Election Procedure (b) shall be modified in the first paragraph
to delete the ten (10) percent requirement for any recognized employee
organization(s) to appear on the ballot and substitute therefore a thirty (30) percent
requirement. s
Section 34-12.016 - Modification of Representation Units shall be modified in the first
sentence by adding words to the effect of"most recent" to the date of determination.
This section shall be modified in the second sentence to require that petitions for
modification of a representation unit be filed during a period of not more than one
hundred and fifty (150) days nor less than one hundred and twenty (120) days prior
to the expiration of the 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:
a. Interfere with, restrain or coerce employees in the exercise of the rights
recognized or granted in this division;
b. dominate or interfere with the formation of any employee organization or
interfere with selection of a majority representative;
c. contribute financial support to any employee organization; or
d. refuse to meet and confer in good faith (with representatives of formally
organized employee organizations on matters within the scope of
- 67 -
representation) , or to refuse to consult with informally recognized employee
organizations on matters within the scope of representation.
48.3 Unfair Labor Practice - Union. It is an unfair labor practice for the Union or
their representatives or-members to:
a. Interfere with, restrain or coerce employees in the exercise of the rights
recognized or granted in this division;
b. coerce, attempt to coerce or discipline any member of an organization so as
to hinder or impede the performance of his duties;
C. discriminate against any employee with regard to the terms or conditions of
membership because of,race, color, creed, sex or national origin;
d. refuse to consult, or meet and confer in good faith, with management
representatives on matters within the scope of representation; or
e. initiate, engage in, cause, instigate, encourage or condone a work stoppage
of any kind or other disruptive activities which are detrimental to the conduct
of county business and services.
SECTION 49 - REPRESENTATION OF TEMPORARY EMPLOYEES.
.49.1 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.
49.2 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 Memorandum
of Understanding.
49.3 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in the units
for which this 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;
- 68 -
2. pay to the Union, an agency shop fee in an amount which does
not exceed an amount which may be lawfully collected under
applicable constitutional, statutory, and case law, which under
no circumstances shall exceed the monthly dues, initiation fees
and general assessments made during the duration of this
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 bona fide religion, body or sect which has historically
held y'a conscientious objection to joining or financially
supporting any public employee organization as a condition
of employment; and
b. pay a sum equal to the agency shop fee to a non-religious,
non-labor, charitable fund chosen by the employee from the
following charities: 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.
49.4 Agency Shop Deductions.
A. Temporary employees 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 provision, 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 withhold 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
- 69 -
Shop Section, or action taken or not taken by the County under this
Section. This includes, but is not limited to, the County's attorney
fees and costs. The provisions of this section shall not be subject to
the grievance procedure.
D. The authorization of payroll deductions requires the employee to agree
to hold the County harmless from all claims, demands, suits or other
forms of liability that may arise against the County for or on account of
any deduction made from the wages of such employee.
49.5 Salary.
.A. Temporary Hourly Rates. For all classifications represented by the
Union, the hourly rate paid temporary employees shall be the $1.00
hourly rate calculated on the salary schedule by dividing the
unrounded monthly salary at any step by 173.33.
B. New Employees. Except as otherwise permitted in deep class resolu-
tions, temporary employees shall generally be appointed at the minimum
step of the salary range established for the particular class to which
the appointment is made. However, ..the Director of Personnel may
authorize an appointing authority to make a particular temporary
appointment at a step above the minimum of the range.
49.6 Salary Increments Within Range.
A. Increment Eligibility and Salary Review. All temporary employees shall
accumulate a record of straight time hours worked for the purpose of
a salary review to determine whether the employee shall be advanced to
the next higher step, or other step as specified by deep class
resolutions, in the salary range for the classification. Advancement to
a higher step shall be granted only on the affirmative recommendation
of the appointing authority, based on satisfactory performance by the
employee. The appointing authority may recommend granting the
salary increment or unconditional denial of the increment.
B. Frequency of Increments. Increments within range shall not be granted
more frequently than once per every 2080 straight time hours worked
by a temporary employee.
C. Effective Date. Step increases resulting from an approved salary
review shall be effective the first of the month following completion of
2080 straight time hours worked and return of the salary review report
to the Personnel Department.
D. New Employees. Temporary employees hired at Step 1 of the salary
range for their classification will be eligible for a salary review after
completion of 1040 straight time hours worked; additional salary reviews
will be after the cumulation of an additional 2080 straight time hours.
E. No provision of this section shall be construed to make the granting of
salary increments mandatory in the County.
- 70 -
49.7 Paid Time off.
A. Temporary employees shall accumulate a record of straight time hours
worked.
B. Based upon the accumulation of straight time hours recorded effective
the first of the month following completion of each 2080 straight time
hours worked, the temporary employee shall be credited with forty (40)
hours of paid time off. Forty (40) hours paid time off credit is the
maximum amount an employee may have at any time.
C. Use. Paid time off (PTO) shall not be taken until credited after
completion of 2080 straight time hours worked. PTO shall be taken by
an employee only with the approval of his/her supervisor.
D. Paid Off at Separation. If a temporary employee terminates his/her
County employment (separates from County service), the employee shall
be paid all currently credited PTO hours and, in addition, 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, shall be converted to Vacation
hours and subject to the MOU provision relating to vacation.
49.8 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.
Provisional employees are covered by the agency shop provisions of the
Memorandum of Understanding applicable to permanent employees, with the
exception that provisional employees shall not be required to pay any
initiation fee or special assessment fee.
49.9 Grievance Procedure. Temporary and provisional employees covered by this
Section may grieve only alleged violations of the specific terms and conditions
specified in Section 49.
SECTION 50 - 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.
- 71 -
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
$5,000 each calendar year from their salaries for approved dependent care;
only eligible employees may contribute for such expenses; there is no County
contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, .proof of
payment, and applicable County administrative procedures.
SECTION 51 - SPECIAL STUDIES AND OTHER ACTIONS
51.1 Special Studies
A. Retirement Studies
During the life of this MOU the County agrees to participate in a joint
labor-management committee whose specific objective will be to identify
and evaluate any feasible methods of lessening or eliminating the
difference in benefit levels between the Tier I and Tier II Retirement
plans. This committee will make use of the resources and advice of the
County Retirement Office and its staff and will report its findings and
recommendations to the County Administrator.
B. Ineligible Deferred Compensation Study.
The County will conduct a feasibility study during the term of this
Memorandum of Understanding to ascertain the advantages and/or
disadvantages to County employees of providing an ineligible deferred
compensation as described in Section 457(f) of the Internal Revenue
Code of 1986.
C. MFCC and LCSW Licensing Study.
The parties agree that it is in the best interest of the employees of the
County to facilitate the obtaining of MFCC and LCSW licenses by Social
Workers in the Social Service Department and agree that a system to
provide the necessary supervision will be implemented if possible.
To this end, the parties agree to the formation of a Task Force to study
the methods whereby such supervision could be provided.
The Task Force shall consist of two representatives from each of the 535
Chapters and four representatives of the Department. The Task Force
shall begin its deliberations within thirty (3) days of the signing of this
Agreement and shall issue a report within ninety (90) days.
- 72 -
51.2 Other Actions.
A. Purchase of Mobile Telephones.
Within 30 days following signing of a new agreement, the Social Service
Department shall request through the County Purchasing Office that no
less than six mobile phones be purchased. The Department shall
attempt to ensure that the optimum technology available shall be
purchased.
B. Career Ladders.
Within 3 months after the signing of a new agreement, the Social Service
Department will aconvene a committee on career ladders to discuss
current issues, concerns, and possible solutions. The committee will
include management and Local 535 representatives, and as needed,
interested participants from other areas of the Department. The
committee will seek to accomplish its tasks within nine months.
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
- 73 -
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.
DATE
CONTRA COSTA COUNTY SEIU, LOCAL 535 - RANK & FILE
JT
f
- 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 df this Memorandum of Understanding which pertains to
layoff or seniority are not applicable to project employees.
ATTACHMENT B
SOCIAL SERVICES UNION, LOCAL 535
RANK & FILE UNIT
SALARIES
4/1/92 10/1/92
CLASS LEVEL RANGE LEVEL RANGE
Child. Services Aide C51282 1637-1990 C51312 1687-2050
Eligibility Worker I e C51392 1827-2221 C51422 1883-2889
Eligibility Worker II C51508 2052-2494 C51538 2114-2570
Eligibility Worker Spec. C51581 2207-2683 C51611 2274-2765
Medical Social Worker T21230 1990-3261 T21260 2051-3802
P.H. Social Worker C51896 3024-3676 C51926 3116-3788
Ref. Asst.Prog.Tr.-Project C51776 2682-3260 C51806 2764-3360
Sr. Program Aide C51282 1637-1990 C51312 1687-2050
Sr. Services Aide C51282 1637-1990 C51873 1687-2050
Soc. Casework Spec. I C51823 2811-3417 C51873 2955-3592
Soc. Casework Spec. II C51896 3024-3676 C51926 3116-3788
Soc. Program Planner I C51896 3024-3676 C51926 3116-3788
Soc. Program Planner II C52091 3675-4467 C52121 3787-4603
Soc. Program Planner III C52318 4611-5604 C52348 4751-5775
SS Empl. Placement Couns. C51776 2682-3260 C51806 2764-3360
SS Program Assistant C51655 2377-2889 C51685 2449-2977
SS Sr. Welfare Fraud Inv. C51725 2549-3098 C51755 2627-3193
SS Welfare Fraud Inv. C51629 2316-2815 C51659 2386-2900
Social Worker C51776 2682-3260 C51806 2764-3360
Social Worker III-Proj. C51776 2682-3260 C51806 2764-3360
Voc. Counsellor Trainee C51508 2052-2494 C51538 2114-2510
ATTACHMNT C
Contra Personnel Department
Costa Third Floor. Administration Bldg.
J 651 Pine Street
County Martinez. California 94553-1292
(415) 372-4064
Marry D. Cisterman
Director of Personnel
January 32, 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.
ipmo
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 astociai 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
accr d M d 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.
-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: ��lo
Social Service Union, Local 535 S.E.I .U. Contra Costa County
By Z411,14��
Social Service Department Monera ".....
James A.Rydingsword P0.Box 54 Sl Drive.k2oo.
Director Costa - Concord,California 94524
County
September 28, 1989
Randy Johnese
Social Service Union, SEIU, Local 535
661 27th Street
Oakland, CA 94612
Q r.,
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 Costa County
By By
disk 18 jcwp
workload.mem
-i'ai Service ueparimem L;pnj(d EXHIBIT A
din, sword Costa 2401 Stanwell Drive.«200
c.mes A.ar fl P.O.so:5488
Aracnor 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 iriplemented, Section 34.1 will be amended to include
the El:.gibi_ity 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 'r-ommittee will be structured
as described above for IM.
i
. Conduct a .study for a Childrens' Services Lead Worker.
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 Time
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.
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.
ociai z5ervice ueparimem U()[ I« d EXHIBIT B
nes A Rydingsword 2401 Stanwell Drive.#200
ctor P.O.Box 5488
Costa
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.
When 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 convoyed by this letter will be construed to in
any way modify the layoff and seniority rules contained in the
Memorandum of Understanding.
jAncer
el yding ord
r ctor
R:a
unproll.res
Disk 22 - jcwp
I and my staff look forward to working with our employees and your
organization to accomplish meaningful implementation of these
matters.
inrely
amen d, Director
Disk 17 jcwp
Workload.dit
EXHIBIT C
CONTRA COSTA COUNTY
HEALTH CARE COALITION NEGOTIATIONS
JANUARY 28, 1992
SETTLEMENT AGREEMENT
HEALTH & DENTAL SUBVENTION ONLY
1. SUBVENTION FOR 1991-1992
CCHP: County will contribute $10 single and $26 family for premium increases; employees
will continue to pay $.01. Dental only coverage at $.01.
1st Choice, Kaiser & Dental: County will contribute 77%toward health and dental premiums
with plan changes indicated below. County subvention for Safeguard B to be the same level
as for Safeguard A not to exceed total premium of Safeguard B.
c
2. PLAN CHANGES FOR 1991-1992 (All effective 1st of month.following open enrollment)
Kaiser:
$3 co-pay on Rx and include COB. County agrees to add maintenance drug program within
60 days of its availability.
1st Choice (PPO pays @. 1000; non-PPO pays @ 800 of UCR after annual $200
deductible.)
• Add office visit coverage for routine pap test.
• Add diabetic training to $300 lifetime limit.
• Add injectable drugs to Rx program with 50% co-pay.
• Cap physical therapy visits at 50 visits per calendar year.
• Change Pharmacy drug program from $2 generic, $8 brand name to $2 generic, $5
brand name - no exceptions.
• Add $25 co-pay for a non-PPO Emergency Room physician if services provided at a
PPO hospital; balance of bill paid by health plan (no further exceptions as under
current plan).* County will continue current practice of negotiating non-PPO
provider billings for services provided at PPO hospital.
• Add $25 co-pay for a non-PPO Radiologist if services are performed at a PPO
hospital; balance of bill paid by health plan (no further exceptions as under current
plan). Second opinion provisions remain unchanged.*
• Biannual routine eye examinations for corrective lenses only with $10 co-pay.
Annual eye examinations for children to age 18 and adults over 40 with $10 co-pay.
Dental Plan
Continue with current dental program and add Safeguard B option beginning with March
1992 open enrollment. Reopen Delta dental plan for redesign in June 1992. County will
solicit proposals on prepaid dental plans prior to the end of the MOU period. The Request
for Proposal will be made available to all qualified vendors of prepaid dental plans
(including Denticare) .
- 2 -
3. REOPENER FOR HEALTH PLAN REDESIGN
Effective June 1, 1992, the County and the Health Care Coalition will reopen meet and
confer deliberations on further health plan redesign with the objectives of achieving
improved cost control and service to members.
4. SUBVENTION FOR 1992-1993
CCHP: County will contribute 98%of premium cost for health and dental plans. Dental only
coverage at $.01.
S
1st Choice, Kaiser & Dental: County will contribute 77% toward health and dental
premiums. County subvention for Safeguard B to be the same level as for Safeguard A not
to exceed total premium of Safeguard B.
If a mutually agreeable range of plan redesign options are achieved by the County and the
Health Care Coalition as a result of the June 1992 reopener, the County will contribute an
additional 3% not to exceed 80%.
5. WORKERS' COMPENSATION
The County will reduce.Workers' Compensation for all non-safety employees to 94% of
monthly salary for all claims filed with the employee's department on or after February 10,
1992 and 88% filed on or after January 1, 1993. All savings generated will be used toward
offsetting chargeable increases in County subvention of premiums for health and dental
plans. If Workers' Compensation becomes taxable, the County agrees to restore the
current benefit level (100% of monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
*$25 co-pay does not apply to annual$1000 maximum out-of-pocket expense per member (includes
$200 deductible). $25 co-pay is waived after $1000 limit is reached.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
_1AP - di
DATE: ; z DATE:
copro3:hcc
COUNTY RESPONSE TO DOUBLE MEDICAL ISSUE
The County will survey all permanent employees prior to the June 1992 reopener to
ascertain the extent to which employees who have or are eligible for double medical
coverage would, in lieu of double medical coverage, have the County contribute to
a deferred compensation plan. The data gathered shall be shared with the Health
Care Coalition, and the County will negotiate a deferred compensation contribution
in lieu of medical coverage provided the employee has alternate medical coverage and
there is a cost savings to the County.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
I aa. A
DATE: 2 q DATE: 69 %�
COUNTY RESPONSE TO LTD ISSUE
The County Auditor-Controller can accommodate individual monthly payroll
deductions for an LTD premium and can remit the total premium amount due each
month directly to the insurance carrier with a list of subscribers. It will be the sole
responsibility of the insurance provider and the subscriber to complete necessary
enrollment documents which Evill be provided by the Auditor-Controller, including
payroll deduction authorization cards, change of status forms and cancellations, and
forward this information once each month to the Auditor-Controller according to a
pre-established cut-off date. The Auditor-Controller will be obligated only to
deduct and remit premiums in accordance with monthly directions from the insurance
provider and any reconciliation of premium totals will be the responsibility of the
insurance carrier and the subscriber. The Auditor-Controller is authorized to levy
necessary and reasonable administrative charges as part of the monthly premium
deduction not to exceed $.05 per participating employee per month.
r
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: =�(���z DATE: G
ELIGIBILITY CRITERIA APPLICABLE TO ALL ENROLLEES IN
IST CHOICE, KAISER OR CCHP MEDICAL PLANS
1. The eligibility criteria listed below which are now in effect for 1st Choice
members, will also be in effect for Kaiser members, CCHP members and all new
employees on the first of the month following the 1992 open enrollment period.
2. The eligibility criteria listed below are more restrictive but will not apply to
any dependents added before the 1992 open enrollment until and unless the
dependents are moved from one health plan to another.
3. The following persons may be enrolled as the eligible Family Members of a
Subscriber: <
a. The Subscriber's Spouse.
b. The Subscriber's Child, which includes a natural or legally adopted
child of either a Subscriber or the spouse, a foster child entirely
supported by the Subscriber or the spouse and for whom the
Subscriber or the spouse is the legal_guardian, provided in all cases
that the child is dependent, unmarried, and under the age of 25.
Nevertheless, foster children who are eligible for Medi-Cal coverage are
not eligible for coverage under this Plan. Pursuant to Insurance Code
section 10121, immediate coverage is available to each newborn child of
a Member and to any minor child placed in the physical custody of a
Member for adoption. For a legally adopted child, proof of eligibility
by a court adoption order and a copy of a U.S. income tax return of the
Subscriber or the spouse showing dependency of the child, may be
required. For a foster child, proof of eligibility requires a copy of a
Social Service Foster Care Agreement and a letter from Social Service
verifying that the child is not eligible for Medi-Cal coverage. For
dependents aged 19 to 25, a statement may be required to verify that
the child is legally dependent in accordance with Internal Revenue
Service requirements. Attainment of the limiting age shall not terminate
coverage of a child while the child is and continues to be both (a)
incapable of self-sustaining employment by reason of mental retardation
or physical handicap and (b) chiefly dependent upon the Subscriber for
support and maintenance, provided the proof of such incapacity and
dependency is furnished to the Plan Administrator by the Subscriber
within 31 days of the child's 25th birthday and annually thereafter, if
required by the Plan Administrator.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: is1,12-
DATE:
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COUNTY RESPONSE TO SDI ISSUE
A committee of County representatives and Health Care Coalition representatives
agree to meet within thirty (30) days following the completion of Health Care
Negotiations to discuss changes in the administration of the SDI program.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
7
DATE: 2 &1,L DATE:
COUNTY RESPONSE TO OPEN ENROLLMENT ISSUE
The County agrees to conduct the open enrollment for the health and dental plans
previously deferred from November 1991, during the period March 1, 1992 to March
31, 1992.
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FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: 02 G Z DATE: �%��
COUNTY RESPONSE TO SINGLE MEDICAL/FAMILY DENTAL ISSUE
Employees may choose single medical and family dental if eligible.
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FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: o• G ci 2 DATE:_
COUNTY RESPONSE TO SINGLE MEDICAL/FAMILY DENTAL ISSUE
Employees may choose single medical and family dental if eligible.
a
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: C*'>. C- �z DATE: `3 z
—T-
COUNTY RESPONSE TO SINGLE MEDICAL/FAMILY DENTAL ISSUE
Employees may choose single medical and family dental if eligible.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: oP A Gi 2 DATE: ��
COUNTY RESPONSE TO HEALTH & DENTAL PROVIDER CONTINUATION ISSUE
For the term of this Memorandum of Understanding, the County will not discontinue
any health or dental plan currently provided. However, if the provider discontinues
service to the County, the County shall meet and confer regarding a replacement.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: 4) Z DATE:
-T
COUNTY RESPONSE TO SMOKER/NON-SMOKER ISSUE
To further pursue the Board of Supervisor's objective of achieving a healthy
workforce, a labor/management committee shall be convened within 30 days of
reaching agreement with the Health Care Coalition* to recommend a proactive model
program which includes incentives for developing and maintaining a healthy
lifestyle. The committee shalt present its recommendation to the County and the
Health Care Coalition for the June 1992 reopener.
*Tentative agreement reached January 29, 1992.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: -Z 7Z DATE: 64