HomeMy WebLinkAboutMINUTES - 11171992 - 1.61 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, McPeak
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Memorandum of Understanding with )
Professional & Technical Employees, Local 512 ) Resolution No. 92/ 766
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On April 7, 1992 the Employee Relations Manager submitted a Memorandum of
Understanding dated April 3, 1992, entered into with the AFSCME, Local 512
for employees 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, AFSCME, Local 512. The
Memorandum of Understanding with AFSCME, Local 512 is attached hereto,
and Section Numbers 1 through 54 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.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of th3
Boar+of Supervl / `w
rs on the date s o
� /'� /I f
ATTESTED: `� '"
PHIL BATCHELOR,Clerk of the Boara
of Supervisors and County�Administrator
Deputy
Orig. Dept. : Personnel (Contact Eileen Bitten @ 646-4054)
cc: Auditor-Controller
Operating Departments
AFSCME, Local 512
RESOLUTION NO. 92/766
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL AND TECHNICAL EMPLOYEES
LOCAL 512, AFSCME, AFL-CIO
OCTOBER 1, 1991 - SEPTEMBER 30, 1993
AFSCME, LOCAL 512
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 Membership . . . . . . . . . . . . . . . . . . . . . . 6
2.6 Communicating With Employees . . . . . . . . . . . . . . . . . . . 6
2.7 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . 7
2.8 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.9 Written Statement for New Employees . . . . . . . . . . . . . . . . 7
2.10 Section 18 of 1977/79 MOU . . . . . . . . . . . . . . . . . . . . . . 8
2.11 P.E.O.P.L.E . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . 8
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . 8
4.2 Union Representatives . . . . . . . . . . . . . . . . . . . . . . . . 9
4.3 Release Time for Training . . . . . . . . . . . . . . . . . . . . 9
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . 9
5.2 Lump Sum Payment . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.3 Pay Equity Implementation . . . . . . . . . . . . . . . . . . . . . 10
5:4 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.5 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . 11
.5.6 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . 11
5.7 Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . 12
5.8 Compensation for Portion of Month & P.I. Compensation . . . . 12
5.9 Position Reclassification . . . . . . . . . . . . . . . . . . 12
5.10 Salary Reallocation & Salary on Reallocation . . . . . . . . . . . 12
5.11 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . 13
5.12 Salary on Involuntary Demotion . . . . . . . . . . . . . . . . . . 13
5.13 Salary on Voluntary Demotion . . . . . . . . . . . . . . . . . . . 14
5.14 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.15 Pay for Work in Higher Classification . . . . . . . . . . . . . . . 14
5.16 Building Supervisor Differential . . . . . . . . . . . . . . . . . 15
5.17 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5.18 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . 16
SECTION 6 DAYS & HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . 16
- i -
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . 17
7.3 Fair Labor Standards Act Provisions . . . . . . . . . . . . . . . 18
SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SECTION 10 SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . 19
SECTION 11 SEPARATION THROUGH LAYOFF
11.1 Grounds for Layoff . . . . . . . . . . . . . . . . . . . . . . . . . 19
11.2 Order of Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11.3 Layoff by Displacement . . . . . . . . . . . . . . . . . . . . . . 19
11.4 Particular Rules on Displacing . . . . . . . . . . . . . . . . . . 20
11.5 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11.6 Eligibility for Layoff List . . . . . . . . . . . . . . . . . . . . . 20
11.7 Order of Names on Layoff . . . . . . . . . . . . . . . . . . . . . 21
11.8 Duration of Layoff Rights . . . . . . . . . . . . . . . . . . . . . 21
11.9 Certification of Persons From Layoff Lists . . . . . . . . . . . . 21
11.10 Removal of Names From Layoff Lists . . . . . . . . . . . . . . . 21
11.11 Union Notification . . . . . . . . . . . . . . . . . . . . . . . . . . 22
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . 22
12.2 Application of Holiday Credit . . . . . . . . . . . . . . . . . . . 22
12.3 Permanent Part-Time Employees . . . . . .. . . . . . . . . . . . 23
12.4 4/10 Shift Holidays . . . . . . . . . . . . . . . . . . . . 23
12.5 .9/80 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . . 23
12.6 Accrual of Holiday Time & Credit . . . . . . . . . . . . . . . . . 23
SECTION 13 VACATION.
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . . . . 24
13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . 24
13.3 Accrual During Leave Without Pay . . . . . . . . . . . . . . . 25
13.4 Vacation Allowance for Separated Employees . . . . . . . . . . . 25
13.5 Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
13.6 Prorated Accruals . . . . . . . . . . . . . . . . . . . . . . . 25
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . 26
14.2 Credits To and Charges Against Sick Leave . . . . . . . . . . 26
14.3 Policies Governing the Use of Paid Sick Leave . . . . . . . . . . 26
14.4 Administration of Sick Leave . . . . . . . . . . . . . . . . . . . 28
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
14.6 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . 32
14.7 Integration of SDI With County Sick Leave Program . . . . . . . 32
14.8 Disability Insurance Review Committee . . . . . . . . . . . . . . 33
14.9 Employee Annual Health Examination . . . . . . . . . . . . . . . 33
SECTION 15 WORKERS' COMPENSATION . . . . . . . . . . . . . . . . . . . . 33
- ii -
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . 35
16.2 Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . 36
16.3 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
16.4 Leave of Absence Replacement . . . . . . . . . . . . . . . . . . 37
16.5 Leave of Absence Return . . . . . . . . . . . . . . . . . . . . . 37
16.6 Salary Review While on Leave of Absence . . . . . . . . . . . . 37
16.7 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . 37
SECTION 17 JURY DUTY AND WITNESS DUTY . . . . . . . . . . . . . . . . . 37
SECTION 18 HEALTH AND WELFARE, LIFE AND DENTAL CARE
18.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . . . 38
18.2 Health & Dental Subvention . . . . . . . . . . . . . . . . . . . . 38
18.3 Rate Information . . . . . . . . . . . . . . . . . . . . . . . . . . 39
18.4 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
18.5 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
18.6 Coverage During Absences . . . . . . . . . . . . . . . . . . . . 39
18.7 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . . . 40
18.8 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SECTION 19 PROBATIONARY PERIOD
19.1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
19.2 Probation Periods Over Six Months . . . . . . . . . . . . . . . . 40
19.3 Revised Probationary Period . . . . . . . . . . . . . . . . . . . 40
19.4 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
19.5 Rejection During Probation . . . . . . . . . . . . . . . . . . . . 41
19.6 Regular Appointment . . . . . . . . . . . . . . . . . . . . . . . . 41
19.7 Layoff During Probation . . . . . . . .. . . . . . . . . . . . . . . 42
19.8 Rejection During Probation of Layoff.Employee 42
SECTION 20 PROMOTION
20.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . . . 42
20.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . 42
20.3 Open Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
20.4 Promotion Via Reclassification Without Examination. . . . . . . . 42
20.5 Requirements for Promotional Standing . . . . . . . . . . . . 43
20.6 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . 43
20.7 Denial Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
20.8 Release Time for Examinations . . . . . . . . . . . . . . . . . . . 43
SECTION 21 TRANSFER
21.1 Transfer Conditions . . . . . . . . . . . . . . . . . . . . . . . . 44
21.2 Transfer Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
21.3 Transfer Procedure . .. . . . . . . . . .. . . . . . . . . . . . . 44
21.4 Transfer List . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
21.5 Reassignment of Work Location . . . . . . . . . . . . . . . . . . 45
SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . . . 45
22.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . . . 45
22.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . . . . 45
22.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
- iii -
22.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . . 46
22.6 Eligibility for Reemployment . . . . . . . . . . . . . . . .. . . . . 46
SECTION 23 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY,
AND DEMOTION
23.1 Sufficient Cause for Action . . . . . . . . . . . . . . . . . . . . 46
23.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . 47
23.3 Employee Response . . . . . . . . . . . . . . . . . . . . . . . . . 48
23.4 Leave Pending Employee Response . . . . . . . . . . . . . . . . 48
23.5 Length of Suspension . . . . . . . . . . . . . . . . . . . 48
23.6 Procedure on Disciplinary Action . . . . . . . . . . . . . . . . . 48
23.7 Weingarten Rights . . . . . . . . . . . . . . . . . . . . . . 49
SECTION 24 GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps . . . . . . . . . . . . . . . . . 49
24.2 Scope of Adjustment Board and Arbitration Decisions . . . . . . 50
24.3 Time Limits . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 51
24.4 Union Notification . . . . . . . . . . . . . . . . . . . . . . . . . . 51
24.5 Compensation Complaints . . . . . . . . . . . . . . . . . . . . . 51
24.6 Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . . . 51
24.7 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
24.8 Filing by Union . . . . . . . . . . . . . . . . . . . . . . . . . 52
24.9 Disputes Over Existence of Grievance . . . . . . . . . . . . . . 52
24.10 Disqualification From Taking an Exam . . . . . . . . . . . 52
SECTION 25 BILINGUAL PAY . . . . . . . . . . . . . . . . . . . . . . . . . . 52
SECTION 26 RETIREMENT CONTRIBUTION . . . . . . . . . . . . . . . . . . 52
SECTION 27 REIMBURSEMENT
27.1 Training Reimbursement . . . . . . . . . . . . . . . . . . . . . . 52
27.2 Personal Property Reimbursement . . . . . . . . . . . . . . . . 52
27.3 Reimbursement For Meals . . . . . . . . . . . . . . . . . 53
SECTION 28 CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . 54
SECTION 29 SAFETY & SAFETY EQUIPMENT REIMBURSEMENT
29.1 VDT Users Eye Examination . . . . . . . . . . . . . . . . . . . . 54
29.2 VDT Glasses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
29.3 Reopener . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
29.4 Safety Shoe & Safety Eyeglass Reimbursement . . . . . . . . . . 54
SECTION 30 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
SECTION 31 STAGGERED WORK SCHEDULE. .. . .. . . . . . . . . . . . . . 55
SECTION 32 MEAL PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
SECTION 33 PERFORMANCE EVALUATION . . . . . . . . . . . . . . . . . . . 56
SECTION 34 DISCIPLINARY ACTIONS . . . . . . . . . . . . . . . . . . . . . 56
SECTION 35 PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . . . . . 56
- iv -
SECTION 36 SERVICE AWARDS . . . . . . . . . . . . .. . . . . . . . . . . . . 57
SECTION 37 REASSIGNMENTS
37.1 Request for Reassignment . . . . . . . . . . . . . . . . . . . . . 57
37.2 Involuntary Reassignments . . . . . . . . . . . . . . . . . . . . 57
37.3 Social Service Staff Specialists Unit . . . . . . . . . . . . . . . 58
SECTION 38 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . . . . . . . 58
SECTION 39 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . . . 59
SECTION 40 PERMANENT PART-TIME EMPLOYEE BENEFITS . . . . . . . . . 59
SECTION 41 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS . . . . . . 59
SECTION 42 PERMANENT-INTERMITTENT HEALTH PLAN . . . . . . . . . . 59
SECTION 43 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . . . . . . . 59
SECTION 44 WORD PROCESSING/VDT DIFFERENTIALS
44.1 Buyout of Differential . . . . . . . . . . . . . . . . . . . . . . . 60
44.2 Continuing Differentials . . . . . .. . . . . . . . . . . . . . . . . 60
SECTION 45 ENGINEERING TECHNICIAN SPECIAL ISSUES
45.1 Rotational Advisory Committee . . . . . . . . . . . . . . . . . . 60
45.2 Engineering Technician Bidding Procedure . . . . . . . . . . 60
45.3 Flexible Work Week . . . . . . . . . . . . . . . . . . . . .. . . . . 61
SECTION 46 CLASSIFICATION STUDIES
46.1 District Attorney Family Support Clerical Supervisors . . . . . 61
46.2 Other Clerical Supervisor Positions . . . . . . . . . . . . . . . . 61
SECTION 47 SHERIFF'S DEPARTMENT SHIFT & HOLIDAY AGREEMENT . . . 61
SECTION 48 MEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
SECTION 49 SPECIAL STUDIES/PROJECTS . . . . . . . . . . . . . . . . . . 62
SECTION 50 SPECIAL BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . 62
SECTION 51 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
SECTION 52 DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . 64
SECTION 53 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
53.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 64
53.2 Separability of Provisions . . . . . . . . . . . . . . . . . . . . . 64
53.3 Personnel Management Regulations . . . . . . . . . . . . . . . . 64
SECTION 54 PAST PRACTICES & EXISTING MOU'S . . . . . . . . . . . . . . 65
- v -
ATTACHMENTS & EXHIBITS
ATTACHMENT A - SENIORITY ISSUES
ATTACHMENT B - PROJECT EMPLOYEES
ATTACHMENT C - CLASS & SALARY LISTING
ATTACHMENT D - SIDE LETTER RE PMR CERTIFICATION RULE
EXHIBIT I - HEALTH & DENTAL SUBVENTION
EXHIBIT II - HEALTH PLAN RATES
EXHIBIT III - CAO MEMO RE EMPLOYEE CONCERNS
- vi -
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL AND TECHNICAL EMPLOYEES
LOCAL 512, AFSCME, AFL-CIO
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of Board of Supervisors Resolution 81/1165 and.has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in Board
of Supervisors Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the 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 governing board of the County and appropriate fire
districts, 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:
Alternative Work Schedules means one or more of the following:
1. 9/80: Eight nine-hour work days plus an eight-hour work day with one day
off within a two week work period.
2. 4/10: Four ten-hour work days within the work week.
3. 5/8: Five eight-hour workdays within a workweek where the work hours are
other than the standard 8:00 a.m. to 5:00. p.m. (also known as.flex time) ..
Meal breaks for any of the above schedules may be either 1/2 hour or 1 hour.
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 classes.
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 class.
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 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.
- 2 -
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five percent (5%) of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or
other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any
class in the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent employment with the County.
Temporary Employment: Any employment which will require the services of an
incumbent for a limited period of time, paid on an hourly basis, not in an allocated
position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another position
in a class which is allocated to a range on the salary plan that is within five percent
(5%) at top step as the class previously occupied by the employee.
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee organization for the representation
units listed below, and such organization has been certified as such pursuant to
Board of Supervisor's Resolution 81/1165.
Engineering Technician Unit
Income Maintenance Program Unit
Clerical Supervisory Unit
Social Service Staff Specialist Unit
Probation Supervisor Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165, only
a majority representative may have dues deduction and as such the Union has the
exclusive privilege of dues deduction for all 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 all classes in the units for which this
section is applicable regardless of whether they are members of the Union.
- 3 -
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 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
County shall provide a copy of the Union's Hudson Procedure to every
employee hired into a class represented by the Union after the effective
date of this MOU. The Union shall provide a copy of said Hudson
Procedure to every fee payer covered by this MOU within one month from
the date it is approved and annually thereafter, and as a condition to any
.change in the agency shop fee. Failure by an employee to invoke the
Union's Hudson Procedure within one month after actual notice of the
Hudson Procedure shall be a waiver by the employee of their right to
contest the amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that an
employee is separated from the representation unit but shall be reinstated
upon the return of the employee to the representation unit. The term
separation includes transfer out of the unit, layoff and leave of absence
with a duration of more than thirty (30) days.
E. The Union shall provide the Director of Personnel with copies of a financial
report patterned after Form LM-2 pursuant to the Labor Management
Disclosure Act of 1959. Such report shall be available to employees in the
unit. Failure to file such a report not later than June 1 of each calendar
year shall result in the termination of all agency fee deductions without
jeopardy to any employee, until said report is filed.
- 4 -
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's Hudson Procedure and the Union dues, agency shop fee,
initiation fee or charitable contribution required under Section 2.2.B.3
are not received, and the employee has not timely invoked the Union's
Hudson Procedure, or if invoked, the employee's Hudson Procedure
rights have been exhausted, 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, 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 Sections 2.3 and 2.4 shall
apply to dues-paying members of the Union.
2.3 Maintenance of Membership. All employees in the Income Maintenance Unit,
Clerical Supervisory Unit, Staff Specialist Unit, and Probation Supervisor Unit who
are currently paying dues to the Union and all employees in that 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 class to which the
employee is assigned, unless the employee has exercised the option to cease paying
dues in.accordance with Section 2.5.
2.4 Union Dues Form. Employees hired into classifications assigned in bargaining
units cited in Section 2.3 above shall, as a condition of employment at the time of
employment, complete a Union dues authorization form provided by the Union and
shall have deducted from their paychecks the membership dues of the Union. Said
employee shall have thirty (30) days from the date of hire to decide if he/she does
not want to become a member of the 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
- 5 -
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.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in
writing, between August 1, 1993 and August 31, 1993, any employee assigned to a
classification in the Income Maintenance Unit and Supervisory Clerical Unit 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 September 10th paycheck. Immediately upon the close of the above
mentioned thirty (30) day period the Auditor-Controller shall submit to the Union
a list of the employees who have rescinded their authorization for dues deduction.
2.6 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 consultation with the.Union.
Representatives of the Union, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Department Head or designated representative; said representatives
may distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on duty employees.
The Union shall be allowed access to work locations in which it represents employees
for the following purposes:
1. to post literature on bulletin boards;
2. to arrange for use of a meeting room;
3. to leave and/or distribute a supply of literature as indicated above;
4. to represent an employee on a grievance and/or to contact a Union officer on
a matter within the scope of representation.
- 6 -
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above purposes
is the reason for the visit, will be made with the departmental representative in
charge of the work area and the visit will not interfere with County services.
2.7 Use of County Buildings. The Union shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees during non-work hours
when:
1. Such space is available and its use by the Union is scheduled twenty-four (24)
hours in advance;
2. there is no additional cost to the County;
3. it does not interfere with normal County operations;
4. employees in attendance are not on duty and are not scheduled for duty;
5. 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.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at
least seventy-two (72) hours before the item will be heard, or the delivery of a copy
of the proposal at least twenty-four (24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the bargaining
units represented by the Union, that the employee's classification is represented by
the Union and the name of a representative of the Union. The County will provide
the employee with a packet of information which has been supplied by the Union and
approved by the County.
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2.10 Section 18 of 1977/79 MOU. Section 18 of the 1977-1979 Memorandum of
Understanding between the County and Associated County Employees/AFSCME shall
continue for the duration of this Memorandum of Understanding.
2.11 P.E.O.P.L.E. Employees in classifications represented by Professional &
Technical Employees, Local 512, AFSCME, may make voluntary, monetary monthly
contribution to P.E.0.P.L.E. ,• said contributions to be deducted from employees'
pay by the County and remitted to AFSCME, P.E.O.P.L.E. (Public Employees
Organized to Promote Legislative Equality).
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex,
sexual orientation or Union activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination
because of age. There shall be no discrimination against any handicapped person
solely because of such handicap unless that handicap prevents the person from
meeting the minimum standards established for the position, or from carrying out the
duties of the position safely. There shall be no discrimination because of Union .
membership or legitimate Union activity against any employee or applicant for
employment by the County or anyone employed by the County.
SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to attend meetings held by County
agencies during regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting;
b. if their attendance is sought by a hearing body or presentation of testimony
or other reasons;
c. if their attendance is required for meeting required for settlement of
grievances filed pursuant to Section 24 - 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, and the County agency calling the meeting
is responsible for determining that the attendance of the particular
employee(s) is required;
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f. to attend examination appeal board hearings to assist anemployee in making
a presentation.
4.2 Union Representative. 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.
Engineering Technician Unit - 2
Income Maintenance Unit - 2
Clerical Supervisory Unit - 2
Staff Specialist Unit - 2
Probation Supervisor Unit - 2
4.3 Release Time for Training. The County shall provide the Union a maximum of
50 total hours per year of release time for Union designated stewards or officers to
attend Union-sponsored training programs.
Requests for release time shall be provided in writing to the Department and County
Personnel at least fifteen (15) days in advance of the time requested. Department
Heads will reasonably consider each request and notify the affected employee
whether such request is approved, within one (1) week of receipt.
SECTION 5 - SALARIES
5.1 General Wage Increases.
A. Effective March 1, 1992 each represented classification shall receive a
general wage increase of 30 levels on the County Salary Schedule
(3.0439%) .
B. Effective October 1, 1992 each represented classification shall receive a
general wage increase of 30 levels on the County Salary Schedule
(3.0493%) .
C. Effective July 1, 1992 a sixth step (equivalent to 2-1/2%) will be added to
the salary range of the Account Clerk Supervisor job classification.
Effective July 1, 1993 a seventh step (equivalent.to 2-1/2%) will be added
to the salary ranges of the above job classification.
Employees with anniversary dates between January 1 and June 30 will be
eligible for a 6th step merit increment on July 1, 1992. Employees with
anniversary dates between July 1 and December 31 will be eligible for a
sixth step merit increment on theiranniversary date.
In order to be eligible for a 6th and subsequent 7th step merit increment,
an employee must have been at the fifth step of the respective job
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classification for a minimum of twelve (12) months and must have received
a satisfactory performance evaluation.
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, December, 1991 and
January and February 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 3.0% to arrive at the employee's lump
sum payment. The payment amount thus computed will be added to the employee's
April 10, 1992 paycheck where it will be listed separately as a LUMP SUM PAYMENT
and will be subject to normal tax withholding and retirement deduction requirements.
If an employee believes there is an underpayment resulting from this methodology
exceeding $30.00, the employee should contact the Personnel Department. The
Personnel Department and the Auditor's Office will investigate and issue/generate
the additional pay, if owed, as soon as possible.
5.3 Pay Equity.
A. A pay equity study using point factor methodology will be carried out by
the County using County Staff and resources. The County shall attempt
to complete the study as early as possible, but no later than March 1,
1991.
B. Pay Equity recommendations which are approved by the Board of
Supervisors shall be implemented in such fashion that the County will
provide fifty cents in pay equity adjustments for each one dollar general
wage increase authorized for the classifications represented by the
participating Unions collectively, provided that the total of pay equity
adjustments in any fiscal year shall not exceed. twenty-five percent of the
general payroll increase.
C. The County agrees to commence meet and confer deliberations with each
bargaining unit participating in the pay equity study not later than 30
days after the last appeal has been resolved.
D. Each participating Union will promise not to bring or support comparable
worth or pay equity litigation against Contra Costa County.or any agent,
servant, officer, or employee of Contra Costa County and further promise
that in the event litigation advancing comparable worth or pay equity
claims is brought against the County or any of its agents, servants,
officers, or employees, within five years from the effective date of this
agreement, by any person(s) employed or formerly employed in a class(s)
represented by the participating Unions, the Union(s) representing such
class(s) shall 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.
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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 (6) months service.
B. Promotions. The anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.6.A above.
C. Demotions. The anniversary of a demoted employee is the first day of the.
calendar months after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has
been reallocated or reclassified to a class allocated to the same salary
range or to a salary range which is within five percent (5%) of the top step
of the previous classification, remains unchanged.
E. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not
required to serve a probation period is determined in the same way as the
anniversary date is determined for a new employee who is appointed the
same date, classification and step and who then successfully completes the
required probationary period.
F. Outside Appointment. 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. The performance of each employee, except
employees already at the maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in Section 5.6 to determine whether
the salary of the employee shall be advanced to the next higher step in the salary
range. Advancement shall be granted on the affirmative recommendation of the
appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend denial of the increment or denial subject to one
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additional review at some specified date before the next anniversary, such date to
be set at the time the original report is returned. This decision may be appealed
through the grievance procedure.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range
increment be granted at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends denial of the within range
increment on some particular anniversary date, but recommends a special salary
review at some date before the next anniversary, the special salary review.shall not
affect the regular salary review on the next anniversary date. Nothing herein shall
be construed to make the granting of increments mandatory on the County. If an
operating department verifies in writing that an administrative or clerical error was
made in failing to submit the documents needed to advance an employee to the next
salary step on the first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.7 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 and Permanent-Intermittent Compensation.
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, which is calculated on the number of hours in the month
worked plus five percent (5%) above the salary step earned.
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
- 12 -
at the same step in the new salary range the employee was receiving in the
range to which the class was previously allocated. If the reallocation is
from one salary range with more steps to a range with fewer steps or vice
versa, the employee shall be compensated at the step on the new range
which is in the same percentage ratio to the top step of the new range as
was the salary received before reallocation to the top step of the old
range, but in no case shall any employee be compensated at less than the
first step of the range to which the class is allocated.
B. In the. event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule,
apart from the general salary increase or decrease described in 5.1.A
above, each incumbent of a position in the reallocated class shall be placed
upon the step of the new range which equals the rate of pay received
before the reallocation. In the event that the steps in the new range do
not contain the same rates as the old range, each incumbent shall be placed
at the step of the new range which is next above the salary rate received
in the old range, or if the new range does not contain a higher step, at the
step which is next lower than the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a different
class which is allocated to a salary range the same as above or below the
salary range of the employee's previous class, the incumbent shall be
placed at the step in the new class which equals the rate of pay received
before reallocation. In the event that the steps in the range for the new
class do not contain the same rates as the range for the old class, the
incumbent shall be placed at -the step of the new range which is next above
the salary rate received in the old range; or if the new range does not
contain a higher step, the incumbent shall be placed at the step which is
next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep
class resolution and incumbent salary allocations, if any, shall supersede
Section 5.11.
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 5.13, shall receive the salary in the new salary range which
is next higher than the rate received before promotion. In the event this increase
is less than five percent (5%), the employee's salary 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 Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.13, shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he/she has been demoted next
lower than the salary received before demotion. In the event this decrease is less
than five percent (5%), the employee's salary shall be adjusted to the step in the new
range which is five percent (5%) less than the next lower step; provided, however,
that the next step shall not be less than the minimum salary for the lower class.
- 13 -
Whenever the demotion is the result of layoff, .cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which he/she would have
achieved had he/she been continuously in the position to which he/she has been
demoted, all within-range increments having been granted.
5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from
which he or she demotes, 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.
5.14 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the
new class which equals the rate of pay received before the transfer. In the event
that the steps in the range for the new class do not contain the same rates as the
range for the old class, the employee shall be placed at the step of the new range
which is next above the salary rate received in the old range; or if the new range
does not contain a higher step, the employee shall be placed at the step which is next
lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolutions, the salary of the employee shall be set as
provided in the deep class resolutions at a step not to exceed a five percent (5%)
increase in the employee's base salary.
However, if the deep class transfer occurs to or from a deep class with specified
levels identified for certain positions and their incumbents, the employee's salary
in the new class shall be set in accordance with the section on "Salary on Promotion"
if the employee is transferring to another class or to a level in a deep class for which
the salary is at least five percent (5%) above the top base step of the deep class level
or class in which they have status currently.
5.15 Pay for Work in Higher Classification. Effective April 1, 1992, 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 73rd consecutive hour
in 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. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
- 14 -
d. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this Memorandum.
e. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
f. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days no additional waiting period will be required.
g. Any incentives (e.g. , the education incentive) and special differentials (e.g. ,
bilingual differential and hazardous duty differential) accruing to the
employee in his/her permanent position shall continue.
h. During the period of work for higher pay in a higher classification, an
employee will retain his/her permanent classification, and anniversary and
salary review dates will be determined by time in that classification.
i. Allowable overtime pay, shift differential and/or work location differentials
will be paid on the basis of the rate of pay for the higher class.
5.16 Building Supervisor Differential. Institutional Supervisor I's in Juvenile Hall
will receive 2.5% differential premium pay when assigned as Building Supervisor,
commencing with the seventy-third hour accumulated within a calendar year while
substituting for the Institutional Supervisor II. The effective date for the
differential will be May 1, 1992.
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/her warrant upon the Treasurer in favor of such
employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the employee's
option, of the employee's basic salary of the previous month except that.it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on or before April 30 or October 31
of each year or during the first month of employment by filing on forms prepared by
the Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section, all required or requested
deductions from salary shall be taken from the second installment, which is payable
on the tenth (10th) day of the following month.
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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 forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from
the time the Department is made aware of and verifies that the pay warrant is in
error.
Pay errors in employee pay shall be corrected as soon as possible as to current pay
rate but that no recovery of either overpayments or underpayments to an employee
shall be made retroactively except for the two (2) year period immediately preceding
discovery of the pay error. This provision shall apply regardless of whether the
error was made by the employee, the appointing authority or designee, the Director
of Personnel or designee, or the Auditor-Controller or designee.
Recovery of fraudulently accrued over or underpayments are excluded from this
section for both parties.
When the County notifies an employee of an overpayment and proposed repayment
schedule and the employee wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined. If requested by the employee,
a Union representative may be present at a meeting with management to discuss a
repayment schedule in the case of overpayments to the employee.
SECTION 6 - DAYS AND HOURS OF WORK
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. The Department Head shall prepare
written schedules in advance to support all deviations, and encompassing the
complete operational cycle contemplated.
The work week for employees in the 4/10 shift is four (4) ten (10) hour working days
during a work week consisting of any seven (7) day period. If the County wants to
eliminate any existing 4/10 shift and substitute a 5/8 shift or to institute a 4/10 shift
which does not allow for three (3) consecutive days off (excluding overtime days or
a change of shift assignment) , it will meet and confer with the Union prior to
implementing said new shift.
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. Overtime for 4/10 shift employees is any
work performed beyond ten (10) hours per day or forty (40) hours per week. 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) .
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Overtime for permanent employees is earned and credited in a minimum of one-half
(1/2) hour increments and is compensated by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in positions which work around the
clock (such as the County hospital, the Sheriff's office and jails, and the juvenile
hall and boys' ranch) shall be provided a choice as to whether they shall be paid at
the overtime rate or shall receive compensatory time off at the rate of one and one-
half (1-1/2) hours compensatory time off for each hour worked. Such compensatory
time off, and the accumulation thereof shall be in addition to the total vacation
accumulation permitted under the terms of this Memorandum of Understanding. The
specific provision of this accumulation are set forth in Section 12.5 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. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in lieu of
overtime pay.. Eligible employees must notify their Department Head or his
or her designee of their intention to accrue compensatory time off or to
receive overtime pay at least thirty (30) days in advance of the change.
B. The names of those employees electing to accrue compensatory time off
shall be placed on a list maintained by the Department. Employees who
become eligible (i.e. , newly hired employees, employees promoting,
demoting, etc.) for compensatory time off in accordance with these
guidelines must elect to accrue compensatory time or they will be paid for
authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-
1/2)
1-
1/2) times the actual authorized overtime hours worked by the employee.
D. Employees may not accrue a compensatory time off balance that exceeds
one hundred twenty (120) hours (i.e. , eighty (80) hours at time and one-
half) . Once the maximum balance has been attained, authorized overtime
hours will be paid at the overtime rate. If the employee's balance falls
below one hundred twenty (120) hours, the employee shall again accrue
compensatory time off for authorized overtime hours worked until the
employee's balance again reaches one hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the next
fiscal year; however, as provided in D above, accrued compensatory time
off balances may not exceed one hundred twenty (120) hours.
F. Employees may not use more than one hundred twenty (120) hours of
compensatory time off in any fiscal year period (July 1 - June 30) .
G. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be taken when the employee should be
replaced by another employee who would be eligible to receive, for time
worked, either overtime payment or compensatory time accruals as
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I
provided for in this Section. This provision may be waived at the
discretion of the Department Head or his or her designee.
H. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's accrued
compensatory time off balance will be carried forward with the employee.
i
I. Compensatory time accrual balances will be paid off when an employee
moves from one department to another through promotion, demotion or
transfer. Said payoff will be made in accordance with the provisions and
salary of the class from which the employee is promoting, demoting or
transferring as set forth in J below.
J. 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 will 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.
K. The Office of the County Auditor-Controller will establish timekeeping
procedures to administer this Section.
7.3 Fair Labor Standards Act Provisions. The Fair Labor Standards Act, as
amended, may govern certain terms and conditions of the employment of employees
covered by this Memorandum of Understanding. It is anticipated that compliance
with the Act may require changes in some of the County policies and practices
currently in effect or agreed upon. If it is determined by the County that certain
working conditions, including but not limited to work schedules, hours of work,
method of computing overtime, overtime pay and compensatory time off entitlements
or use, must be changed to conform with the Fair Labor Standards Act, such terms
and conditions of employment shall not be controlled by this Memorandum of
Understanding but shall be subject to modification by the County to conform to the
Federal Law, without further meeting and conferring. The County shall notify the
Union (employee organizations) and will meet and confer with said organization
regarding the implementation of such modifications.
SECTION 8 - CALL-BACK TIME
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.
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SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand ready
to immediately report for duty and must arrange so that his/her superior can reach
him/her 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 unless otherwise provided in the supplemental sections of this Agreement.
Where on-call arrangements exist, the Department Head shall designate which
employees are on-call unless otherwise provided in the supplemental sections of this
Agreement.
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.
SECTION 11 - SEPARATION THROUGH LAYOFF
11.1 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) .
11.2 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.
11.3 Layoff by Displacement.
A. 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
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occupies permanent-intermittent or permanent part-time position, the least
senior employee being displaced first.
B. 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.
11.4 Particular Rules on Displacing.
A. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respectively.
B. 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
11.3.A, or 2) in a class of the same or lower salary level as provided in
Section 11.2.B if no full time employee in a class at the same or lower
salary level has less seniority than the displacing employees.
C. 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.
11.5 Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at the
same or higher salary levels as determined by the salary schedule in effect at the
time of layoff. Employees reallocated or transferred without examination from one
class to another class having a salary within five percent of the former class shall
carry the seniority accrued in the former class into the new class. Service for layoff
and displacement purposes includes only the employee's last continuous permanent
County employment. Periods of separation may not be bridged to extend such
service unless the separation is a result of layoff in which case bridging will be
authorized if the employee is reemployed in a permanent position within the
employee's layoff eligibility.
Approved leaves of absence as provided for in these rules and regulations shall not
constitute a period of separation. In the event of ties in seniority rights in the
particular class in question, such ties shall be broken by length of last continuous
permanent County employment. If there remain ties in seniority rights, such ties
shall be broken by counting total time in the department in permanent employment.
Any remaining ties shall be broken by random selection among the employees
involved.
11.6 Eligibility for Layoff List. Whenever any person who has permanent status is
laid off, has been displaced, has been demoted by displacement or has voluntarily
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demoted 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.
11.7 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, names shall be
listed in order of layoff seniority in the class from which laid off, displaced or
demoted on the date of layoff, the most senior person listed first. In case of ties in
seniority, the seniority rules shall apply except that where there is a class seniority
tie between persons laid off from different departments, the tie(s) shall be broken
by length of last continuous permanent County employment with remaining ties
broken by random selection among the employees involved.
11.8 Duration of Layoff Rights. The name of any person laid off shall continue on
the layoff 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.
11.9 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. 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 20.7 and 20.8 and restored to the layoff list, the rejected employee will not
again be certified to the department from which rejected on probation unless the
appointing authority so requests. The Director of Personnel shall recommend to the
Board of Supervisors that a person employed from a layoff list be appointed at the
same step of that salary range the employee held on the day of layoff.
11.10 Removal of Names from Layoff Lists. The Director of Personnel may remove
the name of any eligible from a layoff list for any reason listed below:
a. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
b. On evidence that the eligible cannot be located by postal authorities.
C. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment in
the class.
d. If three offers of permanent appointment to the class for which the eligible list
was established have been declined by the eligible.
e. If five certifications for permanent appointment from an open employment list,
including certification to two different departments if the class has permanent
positions in more than one department have failed to result in selection and
appointment.
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f. 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 to the
person's last known address. Notice shall be sent to the person affected.
11.11 Union Notification. When it appears to the Department Head and/or Employee
Relations Officer that the Board of Supervisors may take action which will result in
the layoff of employees in a representation unit represented by the Union, the
Employee Relations Officer shall notify the Union of the possibility of such layoffs
and shall meet and confer with it regarding the implementation of the action.
The County agrees to give employees ten (10) work days (eight (8) work days for
employees on the 4/10 workweek) notice of layoff.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Years Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents Day
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 employee shall accrue two (2) hours of personal holiday credit per
month. Such personal holiday time may be taken in increments of one-half
(1/2) hour, and preference of personal holidays shall be given to
employees according to their seniority in their department as reasonably
as possible. 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 holiday
credits at the employee's then current pay rate.
12.2 Application of Holiday Credit. The following provisions indicate how holiday
credit is to be applied:
A. Employees on the five (5) day 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.
- 22 -
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.
D. If any holiday listed in Section 12.1.A above falls on a Saturday, it shall
be celebrated on the preceding Friday. If any holiday listed in Section
12.1.A falls on a Sunday, it shall be celebrated on the following Monday.
The purpose of this plan is to equalize holidays between employees on regular work
schedule and those on other work schedules.
12.3 Permanent Part-Time Employees. Permanent part-time employees shall receive
holiday credit in the same ratio to the holiday credit given full time employees as the
number of hours per week in the part-time employee's schedule bears to the number
of hours in the regular full time schedule, regardless of whether the holiday falls on
the part-time employee's regular work day.
For employees in the Animal Services Department assigned to units or services on a
shift operational cycle (as designated by the appointing authority) which includes
Saturday (rather than Monday through Friday, eight (8) hours per day or 0/80
schedule) . Holidays will be observed on the day on which the holiday falls
regardless if it is a Saturday.
12.4 4/10 Shift - Holidays.
A. Holiday Shift Pay. 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 for the first eight (8)
hours worked; 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 for eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave, vacation or .
leave without pay on a holiday shall be two (2) hours.
12.5 9/80 Shift Holidays.
A. Holiday Shift Pay. 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 for the first eight (8)
hours worked; 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 for eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave, vacation,
or leave without pay on a holiday shall be one (1) hour.
12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall
be permitted to elect between pay at the overtime rate or compensatory time off in
recognition of holidays worked.
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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 requested in writing within seven (7) calendar days to be
placed on the holiday credit accrual list.
C. Holiday time shall be accrued at the rate specified above to a maximum of eight
(8) hours worked by the employee.
d. Accrued holiday credit may not be accumulated in excess of two hundred
eighty-eight (288) working hours exclusive of regular vacation accruals.
After two hundred eighty-eight (288) hours, holiday time shall be paid at the
overtime rate as 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 AND PAID PERSONAL 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 5.8 of this Memorandum of Understanding. Vacation credits may be taken
in 1/2 hour increments but may not be taken during the first six (6) months of
employment 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. For employees in the Social Service Staff Specialists
Unit and Probation Supervisor Unit, the rates at which vacation credits accrue and
the maximum accumulation thereof, are as follows:
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Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees in the Income Maintenance, Engineering Technician and Clerical
Supervisory Units, vacation credits accrue, and the maximum accumulation thereof,
are as follows:
Monthly Maximum
Accrual .Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
13.3 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or unpaid military leave shall accrue any vacation credit during the time
of such leave, nor shall an employee who is absent without pay accrue vacation credit
during the absence.
13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
13.5 Preference. Vacation shall be given to employees according to their seniority
in their department as much as is reasonably possible.
13.6 Prorated Accruals. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis as provided
in Section 36-2.006 of Board Resolution 81/1165.
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SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized;
it is not paid time off which employees may use for personal activities.
14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as
prescribed by County Salary Regulations. Employees who work a portion of a month
are entitled to a pro rata share of the monthly sick leave credit computed on the same
basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-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 on the basis of one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions
apply:
Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter,
father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild,
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: Any person employed by Contra Costa County in an allocated position in
the County service.
Paid Sick Leave Credits: Sick leave credits provided for by County Salary
Regulations and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is requested
or verified, a brief statement in non-technical terms from the employee regarding
inability to work due to injury or illness is sufficient.
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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 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
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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:
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.
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2. Employees are responsible for keeping their department informed on
a continuing basis of their condition and probable date of return to
work. r
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.
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
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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 may
place an employee on leave if the appointing authority has filed an
application for disability retirement for the employee or whom the
appointing authority believes to be temporarily physically or mentally
incapacitated for the performance of the employees duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee's performance of duty, may order the
employee to undergo at County expense 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 disability and/or performing his or her duties the
appointing authority may direct the employee to take such leave and/or
undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice
to the employee's right to use sick leave, vacation, or any other benefit
to which the employee is entitled other than regular salary. The Personnel
Director may order lost pay restored for good cause and subject to the
employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or injury,
other leave of absence or disability leave, exceeding two weeks in
duration, the appointing authority may order the employee to undergo at
County expense a physical, medical, and/or psychiatric examination by a
licensed physician, and may consider a report of the findings on such
examination. If the report shows that such employee is physically or
mentally incapacitated for the performance of duty, the appointing
authority may take such action as he/she deems necessary in accordance
with appropriate provisions of this 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:
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1. a statement of the leave of absence or suspension proposed;
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2. the proposed dates or duration of the leave or suspension which may
be indeterminate until a certain physical or mental health condition has
been attained by the employee;
3. a statement of the basis upon which the action is being taken
4. a statement that the employee may review the materials upon which the
action is taken;
5. a statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice)
to respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified
in writing may place the employee on a temporary leave of absence, with
pay.
G. The employee to whom the notice has been delivered or mailed shall have
seven (7) work days to respond to the appointing authority either orally
or in writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the
order to the employee either personally or by certified mail, effective
either upon personal delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may,
within ten (10) calendar days after personal delivery or mailing to the
employee of the order, appeal the order in writing through the Director of
Personnel to the Merit Board. Alternatively, the employee may file a
written election with the Director of Personnel waiving the employee's
right to appeal to the Merit Board in favor of appeal to a Disability Review
Arbitrator.
J. In the event of.an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1. the physical or mental health condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee's performance
of duty, or is not sufficient to endanger the health or safety of the
employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Personnel to the Merit Board for hearing
under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical
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reports submitted in evidence in such hearings shall remain confidential
information and shall not be a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually
select the Disability Review Arbitrator, who may be a de facto arbitrator,
or a physician, or a rehabilitation specialist, or some other recognized
specialist mutually selected by the parties. The arbitrator shall hear and
review the evidence. The decision of the Disability Review Arbitrator
shall be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2. The arbitrator may make his decision based only on evidence submitted
by the County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension is
found not to be sustainable, subject to the employee's duty to mitigate
damages.
4. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's association.
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 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or an unpaid military leave shall accrue any sick leave credits during the'
time of such leave nor shall an employee who is absent without pay accrue sick leave
credits during the absence.
14.7 Integration of SDI Benefits with the County Sick Leave Benefit Program.
Employees eligible for State Disability Insurance benefits and sick leave benefits for
any portion of disability shall be required to make application for both benefits. The
State Disability Insurance 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 Insurance 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.
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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 Insurance 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.
14.8 Disability Insurance Review Committee. The County shall continue the
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.
14.9 Employee Annual Health Examination. Employees of the County who work in
a Health Services Department facility will annually be required to complete a Health
Questionnaire and take a Tuberculosis Skin Test. A chest X-Ray will be required
if the employee has previously had a positive reaction to a tuberculosis skin test.
However employees will not be required to take X-Ray exams in excess of what is
required by applicable Federal and State laws.
Employees will also be requested to be screened for Rubella immunity. If the result
of the Rubella test is negative, the appointing authority or designee will recommend
that the employee become immunized. If the employee has direct patient contact and
refuses to become immunized, said employee will be relocated to an indirect patient
contact area.
SECTION 15 - WORKERS' COMPENSATION
A. Employees who leave work as a result of an on-the-job injury will have the
balance of that day charged to sick leave and/or vacation accruals. This will
be considered as the last day worked for purposes of determining Workers'
Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked constitutes
a waiting period before Workers' Compensation starts. The time the employee
is scheduled to work during this waiting period .will be charged to the
employee's sick leave and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be under the care of a physician.
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Temporary compensation is payable on the first three (3) days of disability
when the injury necessitates hospitalization, or when the. disability exceeds
twenty-one (21) days.
A permanent employee shall continue to receive applicable regular salary
during any period of compensable temporary disability absence in accordance
with Section #5 of the January 28, 1992 Letter of Agreement between the
County and the Health Care Coalition. "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 tem-
porary disability payments received by him 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 County contribution to the employees group medical plan shall continue
during any period of compensable temporary disability absence.
The maximum period for the described salary continuation for any one injury
or illness shall be one year from the date of temporary disability.
C. Continuing pay begins at the same time that temporary Workers' Compensation
starts and continues until the temporary disability ends, or until one (1) year
from the date of injury, whichever comes first. State Workers' Compensation
checks are made payable to the County by the State of California Insurance
Fund. All continuing pay under the Workers' Compensation Program will be
cleared through the Personnel Office, Safety Division.
Whenever an employee who has been injured on the job and has returned to
work is required by an attending physician to leave work for treatment during
working hours the employee shall be allowed time off up to three (3) hours for
such treatment without loss of pay or benefits. This provision applies only to
injuries that have been accepted by the County as a job connected injury.
D. Applicable Pay Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one year, applicable salary will continue by
integrating sick leave and/or vacation accruals with Workers' Compensation
benefits. If salary integration is no longer available, Workers' Compensation
benefits will be paid directly to the employee as prescribed by Workers'
Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation Rehabilitation Temporary Disability benefits and whose
disability is medically permanent and stationary will continue to receive
applicable salary by integrating sick leave and/or vacation accruals with
Workers' Compensation Rehabilitation Temporary Disability benefits until those
accruals are exhausted.
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Thereafter, the Rehabilitation Temporary Disability benefits will be paid
directly to the employee.
F. Health Insurance. The County contribution to the employee's group insurance
plans) continues during the continuing pay period and during integration of
sick leave or vacation with Workers' Compensation benefits.
G. Method of Integration. An employee's sick leave and/or vacation charges shall
be calculated as follows: C = 8 [1 - (W 4 S)
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
SECTION 16 - LEAVE OF ABSENCE
16.1 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.
Employees who file for a leave of absence without pay are not required to first
exhaust vacation accruals. 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 14.2.D, 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 14.7) .
Parental leave must be requested at least 30 days prior to the scheduled leave
commencement.date unless an exigency arises.
Requests for leave without pay shall be made upon forms prescribed by the Director
of Personnel and shall state specifically the reason for the request, the date when
it is desired to begin the leave and the probable date of return.
Leave without pay may be granted for any of the following reasons:
a. Illness or disability;
b. pregnancy;
C. to take a course of study such as will increase his/her usefulness on return
to his/her position;
d. for other reasons or circumstances acceptable to the appointing authority.
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A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made notlater than thirty (30)
calendar days before the expiration of the original leave.
Whenever an employee who has been granted a leave without any 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. The Personnel Department shall be notified
promptly of such return.
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 24 of this Memorandum of Understanding.
16.2 Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without
pay (pre-authorized absence without pay), up to a maximum of 15 calendar days for
any one period. Longer pre-authorized absences without pay are considered leaves
of absence without pay. Employees who take furlough time shall have their
compensation for the portion of the month worked computed in accord with Section
5.8 Compensation for Portion of Month of this Memorandum of Understanding. Full
time and part time employees who take furlough time shall have their vacation, sick
leave, floating holiday and any other payroll-computed accruals computed as though
they had worked the furlough time. When computing vacation, sick leave, floating
holiday and other accrual credits for employees taking furlough time, this provision
shall supersede Sections 13.3, 14.2, 14.6 and 16.1 of this Memorandum of
Understanding regarding the computation of vacation, sick leave, floating holiday
and other accrual credits as regards furlough time only. For payroll purposes,
furlough time (absence without pay with prior authorization of the appointing
authority) shall be reported separately from other absences without pay to the
Auditor-Controller. This provision is effective March 1, 1992 and expires September
30, 1993.
16.3 Military Leave. Any employee 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
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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.
16.4 Leave of Absence Replacement. Any permanent employee in the merit system
who requests reinstatement to the classification held by the employee in the same
department at the time the employee was granted a leave of absence, shall be
reinstated to that classification and department.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11, Separation Through Layoff shall apply.
16.5 Leave of Absence Return. 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 he/she shall return to be
assigned to the same position control number.
16.6 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during
the preceding year shall be reviewed on the anniversary date. Employees on military
leave shall receive salary increments that may accrue to them during the period of
military leave.
16.7 Unauthorized Absence. An unauthorized absence from.the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled
by the appointing authority, or at the expiration of a leave shall be without pay.
Such absence may also be grounds for disciplinary action.
SECTION 17 - JURY DUTY AND WITNESS DUTY
A. 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.
B. Witness Duty. Employees called upon as a witness or an expert witness in a case
arising in the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to
them, other than mileage allowance, or they may take vacation leave or leave without
pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g. ,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the.same provisions as apply.to jury
duty as set forth in Section 17.1 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 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
18.1 County Programs. 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.
18.2 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%) 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.
18.3 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In
addition, the County Benefits Division will publish and distribute to employees and
departments information about rate changes as they occur during the year. A chart
of the actual dollar costs for each plan in effect April 1, 1992 is shown in Exhibit III.
18.4 Medicare Rates. Corresponding Medicare rates for employees covered under
this Memorandum of Understanding shall be as follows: for Employee Only on
Medicare by taking the Employee Only rate for the option selected and subtracting
the monthly Part B Medicare premium withheld from Social Security payments for one
enrollee; for Employee and Dependent(s) with one member on Medicare by taking the
Employee and Dependent(s) rate for the option selected and subtracting the monthly
Part B Medicare premium withheld from Social Security payments for one enrollee;
for Employee and Dependent(s) with two members on Medicare by taking the
Employee and Dependent(s) rate for the option selected and subtracting the monthly
Part B Medicare premium withheld from.Social Security payments for two enrollees...
18.5 Partial Month. The County's contribution to the Health Plan premium is
payable for any month in which the employee is paid. If an employee is not paid
enough compensation in a .month to pay the employee share of the premium, the
employee must make up the difference by remitting the amount delinquent to the
Auditor-Controller. The responsibility for this payment rests with the employee.
If payment is not made, the employee shall be dropped from the health plan. An
employee is thus covered by the health plan for the month in which compensation is
paid.
18.6 Coverage During Absences. An employee on approved leave shall be allowed
to continue his/her health plan coverage at the County group rate for twelve (12)
months provided that the employee shall pay the entire premium for the Health Plan
during said leave.
An employee on leave in excess of twelve (12 months may continue health plan
coverage by converting to an individual health plan option (if available) or
continuing group coverage subject to the provisions of the Consolidated.Omnibus
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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
shall result in cancellation of Health Plan coverage with no reinstatement allowed.
An employee who terminates County employment may convert to individual health
plan coverage, if available, or may continue County group health plan coverage to
the extent provided under COBRA by making premium payments to the County at a
time and place specified by the County.
18.7 Retirement Coverage. Upon retirement, employees may remain in the same
County group medical plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if on authorized leave of
absence without pay they have retained individual conversion membership from the
County plan.
18.8 Dual Coverage. If a husband and wife both work for the County and one of
them is laid off, the remaining eligible shall be allowed to enroll or transfer into the
health coverage combination of his/her choice.
An eligible employee.who is no longer covered for medical or dental coverage through
a spouse's coverage shall be allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty (30) days of the date coverage is no
longer afforded under the spouse's plan.
SECTION 19 - PROBATIONARY PERIOD
19.1 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.
19.2 Probation Periods Over Six Months. Classes represented by the Union which
have probation periods in excess of six (6) months: None.
19.3 Revised Probation Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
19.4 Criteria. The probationary period shall date from the time of appointment to
a permanent position after certification from an eligible list. It shall not include time
served under provisional appointment or under appointment to limited term positions
or any period of continuous leave of absence without pay or period of work connected
disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent positions with a 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.
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19.5 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from any
rejection during the probationary period based on political, or religious
or Union activities, or race, color, national origin, sex, age, handicap or
sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth
in 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 decision, pursuant
to the relevant provisions of the Merit Board rules in which proceedings
the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the
appeal. If, after hearing, the Merit Board upholds the appeal, it shall
direct that the appellant be reinstated in the position and the appellant
shall begin a new probationary period unless the Merit Board specifically
reinstates the former period.
19.6 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 receives 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 except as provided in Section
19.5.A. 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. The appointing authority
shall attempt to give a probationary employee five (5) days notice of said rejection.
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.
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An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a position
not included in the Merit System shall be restored to a position in the classification
in the department from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified unless
the employee receives the affirmative recommendation from the appointing authority
and is certified by the Personnel Director whose decision is final. The Director of
Personnel shall not certify the name of a person restored to the eligible list to the
same appointing authority by whom the person was rejected from the same eligible
list, unless such certification is requested in writing by the appointing authority.
19.7 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.
19.8 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 20 - PROMOTION
20.1 Competitive Examination. Promotion shall be by competitive examination unless
otherwise provided in this Memorandum of Understanding.
20.2 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.
20.3 Open Exams. If an examination for one of the classes represented by the
Union is proposed to be announced on an open only basis, the Director of 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.
20.4 Promotion Via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to
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a higher classification and his/her position reclassified at the request of the
appointing authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of
work.
b. The incumbent of the position must have performed at the higher level for one
(1) year.
C. The incumbent must meet the minimum education and experience requirements
for the higher class.
d. The action must have approval of the Personnel Director.
e. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
20.5 Requirements for Promotional Standing. In order to qualify for an examination
called .on a promotional basis, an employee must have probationary or permanent
status in the merit system and must possess the minimum qualifications for the class.
Applicants will be admitted to promotional examinations only if the requirements are
met on or before the final filing date. If an employee who is qualified on a
promotional employment list is separated from the merit system, except by layoff, the
employee's name shall be removed from the promotional list.
20.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy (70) percent or more, shall receive, in addition to all other credits, five
one-hundredths of one (.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.
20.7 Denial Review. If the department denies an employee's request for
reclassification, upon request of the Union, the denial will be reviewed by the
Personnel Director and appointing authority and the reasons for denial given to the
Union in writing.
20.8 Release Time For Examinations. Permanent employees shall be granted release
time from work without loss of pay to take County promotional examinations or.take
interviews for a County promotional position provided the employee gives the
Department sufficient notice of the need for time off.
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SECTION 21 - TRANSFER
21.1 Transfer Conditions. The following conditions are required in order to qualify
for transfer:
a. The position shall be in the same class, or if in a different class shall have
been determined by the Director of Personnel to be appropriate for transfer
on the basis of minimum qualifications and qualifying procedure;
b. the employee shall have permanent status in the merit system and shall be in
good standing;
C. the appointing authority or authorities involved in the transaction shall have
indicated their agreement in writing;
d. the employee concerned shall have indicated agreement to the change in
writing;
e. the Director of Personnel shall have approved the change.
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.
21.2 Transfer Policy. 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 therefor. 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.
21.3. Transfer Procedure. The County will provide the Union with a list of
administrative/personnel officers of each County department. It is the
responsibility of employees to contact County departments and inform them of their
desire to transfer. Employees who transfer from one department to another shall
serve a three month probationary period. Provisions of this section do not apply to
transfers from eligible lists.
The Personnel Director will send a list of employees interested in a transfer to all
departments with each certification (referral) from an employment list for a vacant
position. The appointing authority may contact the employees interest in a transfer
and may choose to interview them in relation to the vacancy. The decision of the
appointing authority is final. Upon receipt of the proper documents and in
accordance with Sections 21.1 and 21.2, employees will be eligible for transfer upon
receipt of approval of the Director of Personnel. Nothing in this section limits the
ability of individuals to express their interest in a transfer without having first made
a transfer application or restricts an appointing authority from making a transfer
appointment of such an individual.
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The County and the Union agree to meet six (6) months following the adoption of this
agreement by the Board of Supervisors to review the modification made to Sections
21.2 and 21.3.
21.4 Transfer List. The Personnel Director will send to all departments an updated
transfer list on a monthly basis.
21.5 Reassignment of Work Location. Employees desirous of reassignment to a
position in the same classification at another work location shall submit a request for
reassignment in writing to the Department Head. When openings occur in various
work locations, requests for reassignment will be reviewed with consideration given
to various factors including but not limited to distance of employee's residence from
desired work location and relative length of service of the applicants for a particular
location. The Department Head or designated representative shall make the sole
determination as to assignment of personnel, except as otherwise provided in the
supplemental sections of this Memorandum of Understanding. This provision applies
to intradepartmental reassignments only. In no event shall reassignments be utilized
for disciplinary purposes.
SECTION 22 - 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.
22.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2). weeks in advance of the last date of service (unless
the appointing authority requires a longer period of notice, or consents to the
employee's terminating on shorter notice) is a resignation in good standing.
22.2 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.
22.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
22.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
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22.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced
by the appointing authority may be revoked within seven (7) calendar
days after its expression, by serving written notice on the Director of
Personnel and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it shall be
revoked and the employee returned to duty effective on the day following
the appointing authority's acknowledgement without loss of seniority or
pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the
appointing authority acknowledges that the resignation could have been
believed to be coerced, this question should be handled as an appeal to the
Merit Board. In the alternative, the employee may file a written election
with the Director of Personnel waiving the employee's right of appeal to
the Merit Board in favor of the employee's appeal rights under the
grievance procedure contained in Section 24 of the Memorandum of
Understanding beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and the
employee returned to duty effective on the day following the decision but
without loss of seniority or pay, subject to the employee's duty to mitigate
damages.
22.6 Eligibility for Reemployment. Within one year of resignation in good standing
from County service, a person who has had permanent status which included
satisfactory completion of probation may make application by letter to the Director
of Personnel for placement on a reemployment list as follows: the class from which
the person resigned; or any one class of equal or lesser rank in the occupational
series and in which the person had previously attained permanent status; or for any
class or deep class which has replaced the class in which the person previously had
status, provided that the person meets the minimum requirements for the new class.
If the appointing authority of the department from which the person resigned
recommends reemployment, the Director of Personnel shall grant reemployment
privileges to the person. Consideration of names from a reemployment list is
mandatory if the appointing authority recommended reemployment of the
individual(s) listed but is optional for other appointing authorities. Names may be
removed from reemployment lists in accordance with the provisions of Section 11.10
of this Memorandum of Understanding.
SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. A temporary
reduction in pay will not exceed 5% of base pay for a period of three (3) months.
The following are sufficient causes for such action; the list is indicative rather than
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inclusive of restrictions and dismissal, suspension or demotion may be based on
reasons other than those specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty, i.e. , non-performance of assigned responsibilities,
i. negligent or willful damage to public property or waste of public supplies or
equipment,
j. violation of any lawful or reasonable regulation or order given by a supervisor
or Department Head,
k. willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations,
1. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment,
m. misappropriation of County funds or property,
n. unreasonable failure, or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this 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.
23.2 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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(four (4) work days for employees on 4/10 work week), reduce the pay of or demote
an employee, the appointing authority shall cause to be served personally or by
certified mail on the employee, a Notice of Proposed Action, which shall contain the
following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or omissions and grounds upon
which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shall be included with the
notice.
d. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
23.3 Employee Response. The employee upon whom a Notice of Proposed Action has
been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven
(7) days or during any extension, the right to respond is lost.
23.4 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven (7) days or extension thereof, the appointing authority
for cause specified in writing may place the employee on temporary leave of absence,
with pay.
23.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
23.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or
Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay
of, or demote an employee having permanent status in a position in the
merit system, after having complied with the Skelly requirements where
applicable, the appointing authority shall make an order in writing stating
specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, reduction in pay,
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 personal service or deposit in the U. S. Postal Service.
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C. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension, reduction in pay, or demotion either to the Merit
Board or through the procedures of Section 24 - Grievance Procedure of
this Memorandum of Understanding provided that such appeal is filed in
writing with the Personnel Director within ten (10) calendar days after
service of said order. An employee may not both appeal to the Merit Board
and file a grievance under Section 24 of this Memorandum of
Understanding.
23.6 Weingarten Rights. In accordance with applicable Federal law, an employee
is entitled to have a Union representative present at an investigatory interview with
the employee's supervisor when the employee's supervisor when the employee
reasonably believes that disciplinary action might result. It is the responsibility of
the employee to request the presence of a Union representative, and when such a
request is made by the employee, the investigatory interview shall be temporarily
recessed for a reasonable period of time until a Union representative can be present.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps. 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 stage of
the process. Grievances must be filed within thirty (30) days of the incident or
occurrence about which the employee claims to have a grievance and shall be
processed in the following manner:
Step 1. Any employee or group of employees who believes that a provision of this
Memorandum of Understanding has been misinterpreted or misapplied to his or her
detriment shall discuss the complaint with the employee's immediate supervisor, who
shall meet with the employee within five (5) days of receipt of a written request to
hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee
may submit the grievance in writing within five (5) 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 ten (10) work days in which to
respond to the grievance in writing.
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-five (25) 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.
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Step 4. No grievance may be processed under this Section which has not first been
filed and investigated in accordance with Paragraph C above and filed within seven
(7) work days of the written response of the Personnel Director or his/her designee.
If the parties are unable to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this Memorandum of Understanding,
such grievance shall be submitted in writing to an Adjustment Board comprised of
three (3) Union representatives, no more than two (2) of whom shall be either an
employee of the County or an elected or appointed official of the Union presenting
this grievance, and three (3) representatives of the County, no more than two (2)
of whom shall be either an employee of the County or a member of the staff of an
organization employed to represent the County in the meeting and conferring
process. The Adjustment Board shall meet within twenty (20) work days of receipt
of the written request.
Step 5. If an Adjustment Board is unable to arrive at a majority decision either the
employee or the County, when alleging a violation of Section 24.6 below, 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. 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.
24.2 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 24.1
above.
C. Proposals to add to or change this Memorandum of Understanding or to
change written agreements supplementary hereto shall not be arbitrable
and no proposal to modify., amend, or terminate this Memorandum of
Understanding, nor any matter or subject arising out of or in connection
with such proposals, may be referred to arbitration under this Section.
Neither any Adjustment Board nor any arbitrator shall have the power to
amend or modify this Memorandum of Understanding or written agreements
supplementary hereto or to establish any new terms or conditions of
employment.
D. If the Personnel Director in pursuance of the procedures outlined in
Subsection 24.1.C above, or the Adjustment Board in pursuance of the
provisions of Subsection 24.1.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.
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E. 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.
24.3 Time Limits. The time limits specified above may be waived by mutual
agreement of the parties to the grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will automatically move to the
next step. If an employee fails to meet the time limits specified in Steps 1 through
3 above, the grievance will be deemed to have been settled and withdrawn.
24.4 Union Notification. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Union, but is not represented
by the Union in the grievance, shall give the Union a copy of the formal
presentation.
24.5 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 Memorandum of Understanding shall be considered as
grievances. Any other matters of compensation are to be resolved in the meeting and
conferring process, if not detailed in the Memorandum of Understanding which
results from such meeting and conferring process shall be deemed withdrawn until
the meeting and conferring process is next opened for such discussion. No
adjustment shall be retroactive for more than six (6) months from the date upon
which the complaint was filed.
24.6 Strike/Work Stoppage. 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 refusal to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is ofan
emergency nature and/or failure to perform such duties might cause or aggravate
a danger to public health or safety.
24.7 Merit Board.
A. All grievances of employees in representation units represented by the
Union shall be processed under Section 24 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps 3, 4, and 5 of Subsection 24.1 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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24.8 Filing by Union. The Union may file a grievance at Step.3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of this Memorandum of Understanding.
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24.9 Disputes Over Existence of Grievance. Disputes over whether a grievance
exists as defined in Section 24.1 shall be resolved through the grievance procedure.
24.10 Disqualification From Taking an Exam. If disqualified from taking an
examination, an employee may utilize the appeal process specified in the Personnel
Management Regulations for employees disqualified from taking an examination.
SECTION 25 - BILINGUAL PAY
A salary differential of fifty dollars ($50.00) per month shall be paid incumbents of
positions requiring bilingual proficiency as designated by the appointing authority
and Director of Personnel. Said differential shall be prorated for employees working
less than full time and/or who are on an unpaid leave of absence for a portion of any
given month. Designation of positions for which bilingual proficiency is required is
the sole prerogative of the County. Employees shall not be required to translate
without pay except in emergency situations.
SECTION 26 - 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 27 - REIMBURSEMENT
27.1 Training Reimbursement. The County Administrative Bulletin on Training
shall govern reimbursement for training and shall continue to limit reimbursement for
career development training to two hundred ($200) dollars per semester or one
hundred fifty dollars ($150) per quarter, not to exceed six hundred dollars ($600) .
per year, except as otherwise provided in the supplemental sections of this
Memorandum of Understanding.
27.2 Personal Property Reimbursement. The loss or damage to personal property
of employees is subject to reimbursement under the following conditions:
a. The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to the control
of the employee.
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b. Ordinary wear and tear of personal property used on the job is not
compensated.
C. Employee tools or equipment provided without the express approval of the
department head and automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper care by the
employee.
f. The personal property was necessarily worn or carried by the employee in
order to adequately fulfill the duties and requirements of the job.
g. The loss or damage to employees eyeglasses, dentures, or other prosthetic
devices did not occur simultaneously with a job connected injury covered by
worker's 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 the Personal
Property.
27.3 Reimbursement For Meals. Employees shall be reimbursed for meal expenses
under the following circumstances and in the amount specified in the Administrative
Bulletin on expense reimbursement when:
a. The employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
b. 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. The employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
d. The employee is required to incur expenses as host for official guests of the
County, work as members of examining boards, official visitors, speakers or
honored guests at banquets or other official functions.
e. The employee is required to work three or more hours of overtime; in this case
he or she may be reimbursed in accordance with the Administrative Bulletin on
Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at twenty-four hour institutions.
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SECTION 28 - CLASSIFICATION
Existing classes of positions may be abolished or changed and new classes may be
added to the classification plan by the Director of Personnel subject to approval by
the Board of Supervisors. The County will meet and confer with the Union on the
minimum qualifications and salary of new classes.
If the County wishes to add duties to classes represented by the Union, the Union
shall be notified, and upon request of Union representatives of the County, will meet
and consult with the Union over such duties.
SECTION 29 - SAFETY AND SAFETY EQUIPMENT REIMBURSEMENT
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this Memorandum of Understanding is performed with a
maximum degree of safety consistent with the requirement to conduct efficient
operations. The Union may recommend safety guidelines, regulations, training
programs and necessary corrective actions concerning conditions associated with the
work environment. Representatives of the Union may want to discuss with certain
Department Heads the participation of the employees it represents on existing
departmental safety committees. If a Department Head agrees, the Union may
designate a representative to participate in any established Safety Committee.
An employee designated by the Union may participate on each of the established
district safety committees within the Department of Social Service.
29.1 VDT Users Eye Examination. The County agrees to provide an annual eye
examination on County time at County expense as follows:
a. Eligible employees must use video display terminals at least an average of four
hours per day as certified by their department.
b. Eligible employees who wish an eye examination under this program should
request it through the County Personnel Department, Employee Benefits
Division.
29.2 VDT Glasses. Should prescription VDT glasses be prescribed for an employee
following an eye examination as referenced in Section 29.1 above, the County agrees
to provide one pair of VDT glasses to the employee.
29.3 Reopener. At the request of the County, Sections 29.1 and 29.2 may be
reopened during the term of this Memorandum of Understanding to consider alternate
programs for providing VDT user eye examinations.
29.4 Safety Shoe & Safety Eyeglass Reimbursement. The County shall reimburse
employees for safety shoes and prescription safety eyeglasses in those classifications
the County has determined eligible for such reimbursement. The County will
reimburse eligible employees for safety shoes in an amount not to exceed one payment
in any calendar year. For calendar year 1992 this payment shall not exceed $70.00.
For calendar year 1993 this payment shall not exceed $80.00. The County will .
reimburse eligible employees for up to one pair per year of prescription safety
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eyeglasses which are approved by the County and are obtained from such
establishment as required by the County.
SECTION 30 - MILEAGE
Effective May 1, 1992, the mileage allowance for use of personal vehicles on County
business shall be paid according to the rates allowed by the Internal Revenue
Service (currently$.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.
Mileage from an employee's home to the normal work location is not reimbursable.
The normal work location is the location to which an employee is regularly assigned.
An employee with more than one (1) normal work location shall be reimbursed for the
mileage traveled in the same work day between those work locations.
When an employee is temporarily reassigned to a different work location, mileage will
be reimbursed in excess of the normal mileage between the employee's home and the
regular work location.
SECTION 31 - 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 workschedule 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. Each employee's proposed staggered schedule must be submitted in writing
and approved by the Department Head or designee prior to implementation.
e. Changes in staggered schedules shall be requested in writing and must have
the approval of the Department Head or designee prior to implementation.
f. Conflicting requests for schedules shall be resolved by the Department Head
or designee whose decision shall be final.
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g. It is understood that an individual employee's schedule may be changed due
to the needs of the department.
h. 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 the Union and the County and the Union shall meet
and confer in an attempt to resolve the inconsistency.
SECTION 32 - MEAL PERIODS
Representatives of the Union may discuss varying meal periods (e.g. one-half (1/2)
hour versus a one hour meal period), with certain Department Heads. Any change
in the meal period agreed to by the Union and Department Heads must have final
approval from the County Administrator.
SECTION 33 - PERFORMANCE EVALUATION
In those instances when there is a written performance evaluation of an employee and
the employee is requested to sign the evaluation, the employee shall receive a copy
of the evaluation if she/he so requests.
SECTION 34 - DISCIPLINARY ACTIONS
If the employee so requests in writing, a copy of any written disciplinary action
affecting an employee shall be furnished to the Union.
SECTION 35 - PERSONNEL FILES
Employees shall have the right to inspect and review any official records) relating
to his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the.employee's personnel file in the
Personnel Department. The contents of such records shall be made available to the
employee for inspection and review at reasonable intervals during the regular
business hours of the County. Copies of written reprimands or memoranda
pertaining to an employee's unsatisfactory performance which are to be placed in the
employee's personnel file shall be given to the employee who shall have the right to
respond in writing to said documents.
Derogatory material in an employee's personnel file (such as warning letters) over
two years old will not be used in a subsequent disciplinary action unless directly
related to the action upon which the discipline is taken. Derogatory material does
not include prior suspensions, demotions or dismissals for cause.
The County shall provide an opportunity for the employee to respond in writing to
any information which is in the employee's personnel file about which he or she
disagrees. Such response shall become a permanent part of the employee's personnel
record. The employee shall be responsible for providing the written responses to
be included as part of the employee's permanent personnel record.
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This section does not apply to the records of an employee relating to the
investigation of a possible criminal offense, medical records and information or
letters of reference.
Employees have the right to review their official personnel files which are maintained
in the Personnel Department or by their department. In a case involving a grievance
or disciplinary action, the employee's designated representative may also review
his/her personnel file with specific written authorization from the employee.
SECTION 36 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards including
time off; provided, however, that the type of award given shall be at the sole
discretion of the County.
SECTION 37 - REASSIGNMENTS
37.1 Request for Reassignment. The Social Service Department shall continue the
vacancy information system which lists vacant positions which the department has
determined will be filled by intradepartmental reassignment. Positions shall be listed
for five (5) working days in department offices prior to filling the position.
Permanent full time employees desirous of reassignment to a position in the same.
classification at another work location should submit a request in writing to the
Social Service Department personnel office. Such request will stay in effect for
ninety (90) days from the date it is submitted. When it is determined that a vacant
position may be filled by intradepartmental transfer, the department will determine
from which district the transfer may be made based upon the amount and nature of
work, and the names of people from that/those district(s) in the appropriate
classification who have indicated a desire to transfer to that location will be
submitted to the supervisor who will make a selection. In the event three (3) names
are not available through this process, then the gaining supervisor may request
additional names from the reemployment/eligible list.
37.2 Involuntary Reassignments. In the event an involuntary reassignment must
be made, the Social Service Department will determine the building from which the
employee will be reassigned, based on workload statistics. The least senior employee
in that building in the appropriate classification will be transferred.
If a vacancy occurs in the same class and in the same geographic area from which an
employee was involuntarily reassigned, the Department shall offer the position to the
employee who was involuntarily reassigned. If the employee declines the offer,
he/she will not be considered for any future vacancies in that geographic area
except as provided in Section 37.1 above.
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For the purposes of this Section, geographic areas shall be defined as:
West County 1305 Macdonald Avenue, Richmond
3431 Macdonald Avenue, Richmond
3055 Research Drive, Richmond
3630 San Pablo Dam Road, El Sobrante
525 Second Street, Rodeo
Central County 2500 Alhambra Avenue, Martinez
30 Muir Road, Martinez
500 Court Street, Martinez
1340 Arnold Drive, Martinez
2401 Stanwell Drive, Concord
East County 4545 Delta Fair Boulevard, Antioch
37.3 Social Service Staff Specialists Unit. S.S. Program Analysts, S.S.
Information Systems Analysts and S.S. Sr. Information Systems Analysts
(hereinafter referred to as Analysts) in this unit, shall have the opportunity to
express their desire for reassignments to a position in the same classification at any
time in accordance with Section 21.5.
Analysts shall be notified of positions vacant and eligible to be filled via memo at .
their work site. The Department shall interview all interested Analysts in that
classification who have responded to the vacancy notification..
Selection of Analysts for reassignment to vacant positions will be reviewed with
consideration given to various factors including but not limited to: experience or
demonstrated skill appropriate to the position sought; any previous involuntary
reassignments; seniority within the classification; operational and programmatic
needs of the Department; location of the work assignment relative to the Analyst's
place of residence. The Department Head or designated representative shall make
the sole determination as to reassignment of personnel.
In the event of an involuntary reassignment, the number of times an Analyst has
been involuntarily reassigned shall be considered so as to prevent any Analyst from
being involuntarily reassigned more than once in any twelve month period. Analysts
involuntarily reassigned will be given priority consideration to return to the
assignment and location from which they were reassigned should that vacancy occur
and itis determined that the position is to be refilled.
SECTION 38 - UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor practice as defined in
Chapter 34-22 of Board Resolution 81/1165 against the other. Allegations of an
unfair labor practice, if not resolved in discussions between the parties, may be
heard by a mutually agreed upon impartial third party.
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SECTION 39 - LENGTH OF SERVICE DEFINITION FOR SERVICE AWARDS AND
VACATION ACCRUALS
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence).
When an employee separates from a permanent position in good standing and within
two years is reemployed in a permanent County position or is reemployed in a
permanent County position from a layoff list within the period of layoff eligibility,
service credits shall include all credits accumulated at time of separation,.but shall
not include the period of separation. The Director of Personnel shall determine
these matters based on the employee status records in his/her department.
SECTION 40 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at corresponding
premium rates providing they work at least fifty percent (500) of full time. If the
employee works at least fifty percent (500) of full time, County retirement
participation is also included.
SECTION 41 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
SECTION 42 - PERMANENT-INTERMITTENT HEALTH PLAN
A permanent-intermittent employee represented by the Union may participate in the
County Group Health Plan of medical, dental and life insurance coverage wholly at
the employee's expense. The County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the monthly premium
appropriately and punctually. Failure to meet the premium deadline will mean
automatic and immediate withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual open enrollment period.
SECTION 43 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave
benefits.
Provisional employees may participate in the County Group Health Plan of medical,
dental and life insurance coverage wholly at the employee's expense. The County
will not contribute to the employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately and punctually. Failure
to meet the premium deadline will mean automatic and immediate withdrawal from the
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County Group Health Plan and reinstatement may only be effectuated during the
annual open enrollment period.
SECTION 44 - WORD PROCESSING/VDT DIFFERENTIALS
44.1 Buyout of Differential. Effective April 1, 1992 all job classes in the Clerical
Supervisors Unit and the Social Service Staff Specialist Unit will be increased to the
closest salary range available that is $50.00 higher than the current salary range at
the mid-point step after the general wage increase of 30 levels is added. Effective
May 1, 1992 employees in the above units who were receiving VDT or Word
Processing Differential shall no longer receive such differential.
44.2 Continuing Differentials. All job classes in the Income Maintenance, Probation
Supervisor and Engineering Technician Units that currently are eligible for.VDT or
Word Processing Differential shall not have $50.00 added to their salary range.
However, employees in these job classes who are receiving either a VDT or Word
Processing Differential will continue to receive the differential until such time as
they vacate their class.
SECTION 45 - ENGINEERING TECHNICIAN SPECIAL ISSUES
45.1 Rotational Advisory Committee. The Public Works Department Engineering
Rotational Advisory committee shall be continued through the term of this
Memorandum of Understanding. The primary purpose of this Committee shall be to
make recommendations to the Public Works Director on an annual basis for rotations
of Engineering Technicians.
The Committee shall consist of two Engineering Technicians and various designated
management representatives. The Engineering Technicians shall be selected by the
Union. The Committee may additionally include a representative of the Union if
requested by the Engineering Technicians representatives.
The Committee may also discuss Engineering Technician rotation procedures and
implementation methods, safety and training needs and other related matters.
.45.2 Engineering Technician Bidding Procedure. When a vacant Senior Level
position is made available, the Public Works Department shall bid the position in the
following manner:
a. All Engineering Technicians-Senior Level and qualified Engineering
Technicians-Journey Level shall receive a notice of opening.
b. "Qualified" means an employee shall meet the minimum qualifications. of the
Engineering Technician-Senior Level designation.
C. The Departmental Final Selection Interview Panel shall include at least the
Division or Assistant Division Head for the Division from where the vacancy
occurs and a member of the Administrative Services Division.
d. The bid notice shall be posted for a minimum of threb work days.
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e. Selection shall be made from all interested applicants on the basis of merit and
qualifications.
When a vacant Journey Level position is made available, the Public Works Department
shall bid the position in the following manner:
a. All Engineering Technicians-Journey Level and qualified Engineering
Technicians-Entry Level shall receive a notice of opening.
b. "Qualified" means an employee shall meet the minimum qualifications of the
Engineering Technician-Journey Level designation.
C. The Departmental Final Selection Interview Panel shall include at least the
Division or Assistant Division Head for the Division from where the vacancy
occurs and a member of the Administrative Services Division.
d. The bid notice shall be posted for a minimum of three work days.
e. Selection shall be made from all interested applicants on the basis of merit and
qualifications.
45.3 Flexible Work Week. The Public Works Department shall continue a flexible
forty (40) hour workweek for Engineering Technicians assigned to the office.
Crucial to the continuance of the flexible forty (40) hour workweek will be the impact
on service to the public.
SECTION 46 - CLASSIFICATION STUDIES
46.1 District Attorney Family Support Clerical Supervisors. The County agrees to
evaluate the Clerical Supervisor positions within the Family.Support Division of the
District Attorney's office to see if they are properly classified. This review will be
completed by October 1, 1992 and a progress report given to the Union by June 30,
1992.
46.2 Other Clerical Supervisor Positions. The County agrees to review and
evaluate as necessary any Clerical Supervisor position where it is alleged that Office
Manager.duties are performed.
SECTION 47 - SHERIFF'S DEPARTMENT SHIFT & HOLIDAY AGREEMENT
The agreement between the Union on behalf of the Supervisory Clerical Unit and the
Sheriff's Department concerning shift assignments and holiday coverage in the
Services Division shall remain in effect for the duration of this agreement.
SECTION 48 - MEALS
Employees represented by the Union who are employed at the County Hospital and
who are required to work on Thanksgiving, Christmas or New Year's will be
provided a free meal in the Hospital Cafeteria at no cost to the employee.
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SECTION 49 - SPECIAL STUDIES/PROJECTS
A. 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 Plan as described in Section 457(f) of the Internal Revenue Code
of 1986.
B. The Social Service Department shall review, on at least a quarterly basis, the
amount and nature of work of individuals in the Income Maintenance Program
Unit. As possible within budgetary and operational constraints, the
Department will attempt to balance the amount and nature of work of
individuals in that Unit. There shall be a meeting between the Social Service
Department and the Union, as necessary, to review and discuss the existing
amount and nature of work, and efforts made and considered to balance that
work. Summary minutes shall be kept of the discussions and shall be
distributed to committee members prior to the next meeting.
C. The Social Service Department and representatives of the Income Maintenance
Unit of the Union shall meet to begin consideration of the potential impacts
future automation could have on the amount and nature of work for this
classification.
D. As soon as possible following the adoption of this Memorandum of
Understanding, the County will retitle the classification of Supervising
Account Clerk to Account Clerk Supervisor and Supervising Assessment Clerk
to Assessment Clerk Supervisor.
E. During the life of this Memorandum of Understanding, 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.
F. The County agrees to meet with representatives of Local 512 to discuss
performance evaluation on a County-wide basis but not a County-wide
performance form.
SECTION 50 - SPECIAL BENEFITS
Incumbents in all classes in the Social Service Staff Specialist Unit, Income
Maintenance Unit, Clerical Supervisors Unit and Probation Supervisors Unit are
eligible to receive the following benefits:
A. Life Insurance. $35,000 Group Term Life Insurance will be provided ($40,000
for Probation Supervisors Unit) . Premiums for this insurance will be paid by
the County with conditions of eligibility to be reviewed annually. This
provision is effective beginning August 1, 1992 for the Clerical Supervisors
Unit and Income Maintenance Unit.
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B. LTD. Long-Term Disability Insurance will be provided, with a replacement
limit of eighty-five percent (85%) of total monthly base earnings reduced by
any deductible benefits. The premium for this Long-Term Disability
Insurance will be paid by the County.
C. Vacation Buy Back Plan. The County will reimburse up to one-third (1/3) of
an employee's annual vacation accrual, subject to the following conditions: (a)
the choice can be made only once in each calendar year; (b) payment shall be
based on an hourly rate determined by dividing the employee's monthly salary
by 173.33; and (c) the maximum number of hours that may be reimbursed in
any year is one-third (1/3) of the annual accrual at the time of reimbursement.
For employees in the Clerical Supervisors Unit and Income Maintenance Unit,
requests for vacation buy back must be submitted no later than June 1, 1992.
D. Professional Development. Reimbursement will be provided for up to $150 per
fiscal year for memberships in professional organizations, subscriptions to
professional publications and attendance fees at job-related professional
development activities. Authorization for individual professional development
reimbursement requests shall be made by the Department Head.
Reimbursement will occur through the regular demand process with demands
being accompanied by proof of payment (copy of invoice or canceled check).
E. Longevity Differential. A Longevity Pay Plan will provide a 2-1/2% increase
in pay following completion of ten years of County Service, subject to
appointing authority approval based on merit.
F. Paid Personal Leave. Forty hours of paid personal leave will be provided
during a calendar year. Said personal leave is provided to recognize both the
fact that these employees do not and will not receive payment for overtime and
the unavailability of compensatory time off for this group of employees.
G. Deferred Compensation Incentive. Effective May 1, 1992, the County's
contribution to eligible employees who participate in the County's Deferred
Compensation Plan will be $40 per month. To be eligible for this incentive
supplement, eligible employees must first contribute a Base Contribution
Amount to the Deferred Compensation Plan as follows:
Current Monthly Base Contribution
Monthly Qualifying Base Amount for Maintaining
Salary Contribution Amt. Incentive Program Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4127 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 100
6668 & above 2250 100
Employees who meet these Base Contribution Amounts must contribute at least
$50 or $100 per month to remain eligible for the $40 County supplement.
Employees who discontinue contributions or who contribute less than the
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required amount per month for a period of one (1) month or more will no longer
be eligible for the $40 County supplement. To reestablish eligibility,
employees must again make a Base Contribution Amount as set forth above
based on current monthly salary. Employees with a break in Deferred
Compensation Contributions because of an approved medical leave, shall not
be required to reestablish eligibility.
Eligible employees who participated in the Deferred Compensation Plan prior
to May 1, 1992 but were not eligible to receive the County contribution will be
given credit towards the qualifying base amount for contributions made after
January 1, 1992.
SECTION 51 - 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 52 - DURATION OF AGREEMENT
This Agreement shall continue in full force and effect from October 1, 1991 to and
including September 30, 1993. Said Agreement shall automatically renew from year
to year thereafter unless either party gives written notice to the other prior to sixty
(60) days from the aforesaid termination date of its intention to amend, modify or
terminate the agreement.
SECTION 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
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Memorandum of Understanding shall prevail. It is recognized, however, that certain
provisions of the Personnel Management Regulations may be supplementary to the
provisions of this Memorandum of Understanding or deal with matters not within the
scope of representation and as such remain in full force and effect.
SECTION 54-PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not specifically authorized by
ordinance or by resolution of the Board of Supervisors is not guaranteed by this
Memorandum of Understanding; provided, however, that only during the term of this
Memorandum of Understanding which expires September 30, 1992, the Union may
claim a violation of a past practice. If the Union can demonstrate that such past
practice exists by virtue of having been acknowledged and agreed to by Management
and representatives of the Union or by employees represented by the Union who
reach agreement with a Department Head on a specific policy covering a group of
employees such as a reassignment policy, the alleged violation of said past practice
will be subject to the grievance procedure. Those practices which have been agreed
to by Management and not approved by the Department Head must be confirmed and
approved by the Department Head within six (6) months from the below execution
date of this Memorandum of Understanding in order to be considered a past practice
pursuant to this provision.
Date:
CONTRA COSTA COUNTY AFSCME, LOCAL 512, AFL-CIO
By
By / By�dL &A-AA4ntAn&�_
By
By
By
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Contra
Personnel Department
Costa Third Floor, Administration Bldg.
t 651 Pine Street
CO' to}`ty Martinez, California 94553.1292
u (415) 372.4064
ATTACHMENT Henry O. C(sterman.
Director of Personnel
July 9, 1985
Mr. Warren Nelson
Representative
United Clerical Employees,
Local 2700, AFSCME
936 Court Street
Martinez, CA 94553
Dear Mr. Nelson:
This side letter is to confirm agreement that the application of seniority '
? rules for purposes of layoff and departmental seniority issues including but not
limited to, reassignment and vacation scheduling, in the .Income Maintenance Unit
represented by Local 512, AFSCME will be determined as set forth in Section-12
of the 1983-85 Memorandum of Understanding between Contra Costa County and
Professional and Technical Employees, Local 512, AFSCME.
If this conforms to your understanding, please sign the original of this side
letter and return it to me at your earliest convenience. The copy is for your
records '
Date l APPROVED AND ACCEPTED
Contra Costa County ProfessionV1 & Technical
Employees, Local 512, AFSCME
lyM5r PZ65
s
cc: Robert Jornl in, Social Service'".. f
Louise Aiello, Social Service . .
IPM41
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
ATTACHMENT B
PROJECT POSITIONS
Professional and Technical Employees, AFSCME, Local 512 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 Professional and Technical Employees,
AFSCME, Local 512. For example, Engineering Technician I is represented by
Professional and Technical Employees, therefore, it has been agreed that
Engineering Technician I-Project will also be represented by Professional and
Technical Employees.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Professional and Technical Employees shall be
assigned to bargaining units in accordance with the provisions of Section 34-12.015
of Board Resolution 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 Professional and Technical
Employees in the following respects:
1. Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without regard
to the provisions of this Memorandum of Understanding, without right of
appeal or hearing or recourse to the grievance procedure specified herein;
and
3. any provision of this Memorandum of Understanding which pertains to layoff
or seniority are not applicable to project employees.
ATTACHMENT C
CLASS & SALARY LISTING
EFFECTIVE APRIL 1, 1992
ENGINEERING TECHNICIAN UNIT
CLASS SALARY/LEVEL CLASS TITLE
NSWB 1712-2081/C51327 BLUEPRINT TECHNICIAN
NST1 1882-2075/C31324 ENGINEER TECHNICIAN-CDEP
NPSA 2640-3209/C51760 ENGINEERING RECORDS TECHNICIAN
NSTF 1997-3576/TK1347 ENGINEERING TECHNICIAN-DEEP CLASS
N9SC 3094-3761/C51919 HYDROGRAPHER
N9SD 3339-4058/C51995 SENIOR HYDROGRAPHER
INCOME MAINTENANCE PROGRAM UNIT
CLASS SALARY/LEVEL CLASS TITLE
XHHA 2723-3476/XB1840 ELIGIBILITY WORK SUPERVISOR I
XLHA 3000-3646/C51888 S.S. WELFARE FRAUD INVESTIGATOR SUPVR.
CLERICAL SUPERVISORY UNIT
CLASS SALARY/LEVEL CLASS TITLE
VAHB 2637-3205/C51759 AMBULATORY CARE CLINIC COORDINATOR
VNTC 2471-3004/C51694 ACCREDITED RECORDS TECHNICIAN
JPHE 2327-2971/XB1683 CRIMINAL & JUVENILE OPERATIONS SUPVR.
JDHA 2386-2900/C51659 ACCOUNT CLERK SUPERVISOR
JWHC 2327-2971/XB1683 SUPERVISING ASSESSMENT CLERK
JWHA 2327-2971/XB1683 CLERICAL SUPERVISOR
V9NB 2511-3205/XB1759 SUPVR. PATIENT FINANCIAL SERVICES SPEC.
ALHA 2877-3497/C51846 ELECTION PRECINCTS COORDINATOR
VCHC 2637-3205/C51789 H. S. APPOINTMENT SYSTEMS COORDINATOR
SOCIAL SERVICE STAFF SPECIALIST.UNIT
CLASS SALARY/LEVEL CLASS TITLE
X4SE 3646-4431/C52083 CHILDREN'S SERVICES PROGRAM SPECIALIST
X4SH 3475-4224/C52035 SOCIAL SERVICE PROGRAM ANALYST
XQWD 2976-3617/C51880 S.S. INFORMATION SYSTEMS ANALYST
XQVC 3827-4219/C32034 SR. S.S. INFORMATION SYSTEMS ANALYST
PROBATION SUPERVISOR UNIT
CLASS SALARY/LEVEL CLASS TITLE
7KHA 2903-3528/C51855 INSTITUTIONAL SUPERVISOR I
7AHA 3339-4058/C51995 PROBATION SUPERVISOR I
.e ATTACHMENT D
A.
Contra
Pem_:.,�nel Department
Costa Third Floor, Administration Bldg.
I 651 Pine Street
County Martinez, California 94553-1292
(415) 372-4064
Harry D. Cisterman
Director of Personnel
December 22, 1981
Ms. Diana Doughtie
United Clerical Employees
Local 2700, AFSCME, Council 57
936 Court Street
Martinez, Ca. 914553
Dear Ms. Doughtie:
This letter is to confirm understandings reached during this year's meet and
confer sessions regarding the certification rule of the Personnel Management
Regulations.
AFSCME Locals 512 and 2700 and the County agree that:
1 . On each request for personnel from an open employment list,
ten names shall be certified. If more than one .position is
to be filled in any class in a department at the same time
from the same request for personnel, the number of names to
be certified from an open employment list shall be equal to
the number of positions to be filled plus nine.
2. On each request for personnel from a promotional employment list,
five (5) names shall be certified. If more than one position is
to be filled in any class in a department at the same time from the
same request for personnel, the number of names to be certified from
a promotional employment list shall be equal to the number of positions
to. be filled plus four (4) .
If the foregoing conforms to your understanding, please indicate your acceptance
and approval in the space provided below.
Date:
United Clerical Employees, Local 2700
& Professional and Technical
Contra Costa County Employees, Local 512 AFSCME, AFL-CIO
l
MGR:ms
ipm42
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
EXHIBIT I
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.
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 @ 100%; 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.
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
w
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:
i
DATE: r'z DATE:
copro3.hcc
EXHIBIT II
HEALTH PLAN RATESA4/a/92. •
i.. 21
[ELTA
NTAL ONLY: County Pays All but S.01 (Incl. Life Insurance) PHF-ALTH PLAN. S.."...
Single $24.87 Famil $54.39 feguard A Siegle $12.93 Family $25.45 cfi4e�4%01/92
Safeguard B Single 510.03 Family $21.33
Medical Plan Dental Plan Family Family # on Medical Dental Life Sub Admin Total Perma nent
StatusM Status0 Medi Premium Premium Premium Total Fee Premium Empto yees
edical ental care
1
t
Employee Count
1ST None S S 0 -$235.53 $0.00 $1.23 5236.76 $3.22 $239.98 $54.17 $185.81
CHOICE None F F 0 $554.09 $0.00 $1.23 $555.32 $3.22 $558.54 $127.44 $431.10
Delta S S 0 5235.53 $23.64 $1.23 $260.40 $3.22 $263.62 $59.61 $204.01
Delta F F 0 $554.09 $53.16 51.23 $608.48 $3.22 $611.70 $139.67 $472.03
Delta S F 0 $235.53 $53.16 51.23 $289.92 $3.22 $293.14 $66.40 $226.74
Safeguard A S S 0 $235.53 $11.70 $1.23 $248.46 $3.22 $251.68 $56.86 $194.82
Safeguard A F F 0 $554.09 $24.22 $1.23 $579.54 $3.22 $582.76 $133.01 $449.75
Safeguard A S F 0 $235.53 $24.22 $1.23 $260.98 1$3.22 $264.20 $59.74 $204.46
Safeguard e S S 0 $235.53 $8.80 $1.23 $245.56 $3.22 $248.78 $54.17 $194.61
Safeguard B F F 0 $554.09 $20.10 $1.23 $575.42 1$3.22 $578.64 $128.89 IS449.75
Safeguard 8 S F 0 $235.53 $20.10 $1.23 $256.86 1$3.22 $260.08 $55.62 IS204.46
CCHP None S S 0 $130.00 $0.00 $1.23 $131.23 $3.22 $134.45 $0.01 1$134.44
None F F 0 $331.00 $0.00 $1.23 $332.23 $3.22 5335.45 $0.01 1$335.44
Delta S S 0 $130.00 $23.64 $1.23 $154.87 $3.22 $158.09 $0.01 $158.08
Delta F F 0 $331.00 $53.16 $1.23 $385.39 53.22 $388.61 $0.01 $388.60
Delta S F 0 $130.00 $53.16 $1.23 $184.39 $3.22 $187.61 $0.01 $187.60
Safeguard A S S 0 $130.00 $11.70 $1.23 $142.93 $3.22 $146.15 $0.01 $146.14
Safeguard A F F 0 $331.00 $24.22 $1.23 $356.45 $3.22 $359.67 $0.01 $359.66
Safeguard A S F 0 $130.00 $24.22 $1.23 $155.45 $3.22 $158.67 $0.01 $158.66
Safeguard B S S 0 $130.00 $8.80 $1.23 $140.03 $3.22 $143.25 $0.01 $143.24
Safeguard e F F 0 $331.00 $20.10 $1.23 $352.33 $3.22 1$355.55 $0.01 $355.54
Safeguard B S F 0 $130.00 $20.10 $1.23 $151.33 $3.22 $154.55 $0.01 $154.54
KAISER None S S 0 $157.12 $0.00 $1.23 $158.35 $3.22 $161.57 $36.14 5125.43
(with None F F 0 $367.07 $0.00 $1.23 $368.30 $3.22 $371.52 $84.43 $287.09
COB 8 ) Delta S S 0 $157.12 $23.64 $1.23 $181.99 $3.22 $185.21 541.57 $143.64
3 Rx co-pay) Delta F F 0 $367.07 $53.16 $1.23 $421.46 $3.22 $424.68 $96.65 $328.03
Delta S F 0 $157.12 $53.16 $1.23 $211.51 $3.22 $214.73 $48.36 $166.37
Safeguard A S S 0 $157.12 $11.70 $1.23 $170.05 $3.22 $173.27 $38.83 $134.44
Safeguard A F F 0 $367.07 $24.22 $1.23 $392.52 $3.22 $395.74 $90.00 $305.74
Safeguard A S F 0 $157.12 $24.22 $1.23 $182.57 $3.22 $185.79 $41.71 $144.08
Safeguard B S S 0 $157.12 $8.80 $1.23 $167.15 $3.22 $170.37 $36.14 $134.23
Safeguard B F F 0 $367.07 $20.10 $1.23 $388.40 $3.22 $391.62 $85.88 $305.74
Safeguard B S F 0 $157.12 $20.10 $1.23 $178,45 $3.22 $181.67 $37.59 $144.08
RATE0492.XLS Page 1