Loading...
HomeMy WebLinkAboutMINUTES - 11191996 - C80 D THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 19, 1996 by the following vote: AYES: Supervisors Rogers, Torlakson, DeSaulnier NOES: None ABSENT: None ABSTAIN: Supervisors Bishop and Supervisor Smith SUBJECT: Approval of Side Letter of Understanding ) with SEW Local 535 Rank & File Unit ) Res. 96/ 493 BE IT RESOLVED that the Board of Supervisors of Contra Costa County APPROVES the attached Side Letter of Understanding between Contra Costa County and SEW Local 535 Rank & File Unit regarding economic and other terms and conditions of employment for 1995-99 for those classifications represented by that employee organization. I hereby ewr that eda is a foe and am 60 ODpy an action taken and entered on the minutes oPth's Board of Supery rs on the date shown. ATTESTED: PHIL L e board of Supervisors and County AdmWsfaW ' 'QZi va Orig. Dept.: Human Resources Department (Contact Kathy Ito @ 335-1785) cc: Auditor-Controller/Payroll County Counsel Social Service Department Damita Davis-Howard, SEW Local 535 LABOR COALITION - 1996 NEGOTIATIONS SETTLEMENT.PACKAGE Presented: 10/15/96 7:30 PM COALITION PROPOSAL • Duration of Agreement • 10/01/95 - 09/30/99 • Wages (Cl) • 07/01/96 - 3.0% increase • 10/01/97 - 2.0% increase plus Tier III or 3.0% increase • 10/01/98 - 3.5% increase • Retirement • Tentative Agreement on Management Proposal dated 10/07/96 (10:30 PM) • Special Benefits (C21) • Tentative Agreement on Management Proposal dated 10/15/96 • Temporary Employees (C23) • Tentative Agreement on Management Proposal dated 07/25/96_ • PI Employees Health Plan (C31) • Withdrawn • Worker's Compensation (C37 & M17) • Tentative Agreement that on or after January 1, 1997, percentage will be reduced to 87%. MANAGEMENT PROPOSALS • Differentials (M25) • Tentative Agreement on Management Proposal dated 6/10/96 • Bi-Weekly Pay • Tentative Agreement on Management Proposal dated 8/10/96 • Annual Leave (M26) • Withdrawn DATED: /04�/ l -d 2�/ . FOR COUNTY FOR COALITION 4-11 J .1 5t � Contra �''== ==°� Human Resources = _ . Department Costa x County °FIS �/ Third Floor,Administration Bldg. ":- :." ' �� �� 651 Pine Street Martinez,California 94553-1292 (510)646-4064 Leslie T.Knight November 14, 1996 Director of Human Resources Ms. Damita Davis-Howard, Field Representative SEW Local 535 Rank & File Unit 661 - 27th Street Oakland CA 94612 RE: ECONOMIC TERMS & CONDITIONS FOR SEW LOCAL 535 - RANK & FILE UNIT 1995-99 MEMORANDUM OF UNDERSTANDING Dear Ms. Davis-Howard: This confirms agreement to submit this Side Letter outlining negotiated wage agreements and other economic terms and conditions of employment beginning October 1 , 1995 through September 30, 1999 for approval by the Board of Supervisors. This letter expresses wage and benefit changes and other terms and conditions of employment, agreed upon between Contra Costa County and SEW Local 535 Rank & File Unit, which shall be implemented upon approval by the Board of Supervisors and expressed in a comprehensive Memorandum of Understanding (MOU) which is being prepared. The Tentative Agreements attached hereto are incorporated herein by reference. A comprehensive MOU will be finalized by the parties as soon as possible and submitted to the Board of Supervisors for further approval. Pending such further approval, the terms and conditions of employment of employees represented by Local 535 Rank & File Unit are expressed in the last expired MOU, subject to the terms of this Side Letter. COALITION AGREEMENTS 1 . Wage Increases.- July ncreases:duly 1 , 1996: 30 level increase (3.0439%) - . October 1 , 1997: 20 level increase (2.0191 %) plus Tier III or 30 level increase (3.0439%) October 1 , 1998: 35 level increase (3.5602%) 2. Lump Sum Payment. The July 1 , 1996 increase will be paid in a Lump Sum Payment to each employee for the months of July,` August, September and October 1996, without interest, computed as follows: Employee regular pay, overtime pay and 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 three percent (3%) to arrive at the employee's lump sum payment. The payment amount thus computed will be added to the employee's December 10, 1996 paycheck where it will be listed separately as a "Lump Sum Payment" and will be subject to normal tax withholding and retirement deduction requirements. 3. Retirement. Subject to the enactment of enabling legislation amending the 1937 Employees Retirement Act to allow such election, and under agreed-upon conditions, the County will permit certain Tier II employees to elect a Tier III Retirement Plan. 4. Temporary Employees. Subject to the approval and establishment of permanent positions by the Board of Supervisors, if necessary, temporary employees represented by Local 535 who have worked not less than 6,000 hours in temporary employee status between January 1 , 1991 and July 1 , 1996 inclusive, shall be offered an appointment to such positions, subject to qualification under the Personnel Management Regulations, in the classification and department in which they currently work. Such employees shall have the option of either remaining in temporary status (not to exceed 1000 hours in a fiscal year) or being appointed to a Permanent-Intermittent, Permanent Part-time, or Permanent Full-time position. The formula to be used to calculate the position type (full-time, part-time) for each employee who elects appointment to a permanent position is the employee's total number of temporary hours worked on or after January 1 , 1991 divided by the total number of months of service in which those temporary hours were worked. Additionally, the County agrees to meet and confer with Local 535 concerning the future use of represented temporary employees. 5. Workers' Compensation. A permanent employee shall receive 87% of regular monthly salary for all accepted claims filed with the County on 2 or after January 1 , 1997, excluding those certain employees entitled to benefits as defined under the Workers' Compensation Laws of California, Labor Code Section 4850. 6. Differentials. The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of five (5) Labor and five (5) Management employees to study and recommend actions necessary to standardize payment and application of differentials including, but not limited to, proration for less than full-time employees; the length of payment while on paid sick leave or disability; and consistency between percent-based vs flat-payment differentials. 7. Bi-Weekly Pay Periods. The County shall present to the Labor Coalition a comprehensive proposal for replacement of the current system of monthly pay with a bi-weekly (every other week) pay system. The Labor Coalition agrees to commence meet and confer on those elements in the proposed bi-weekly payroll system which are within the scope of bargaining and/or on the impact of replacing the current monthly pay system with a bi-weekly system. Any implementation of a bi-weekly pay system must be by mutual agreement of the parties. Meet and confer on bi-weekly pay may also include as applicable discussion on (1 ) the proration of vacation and sick leave accruals for permanent part-time employees and (2) discontinuing the payroll practice of applying a factor of 1 .05 when computing the base pay hourly equivalent for full-time and part-time permanent employees for the purpose of compensating shift differential, hazard pay, straight-time overtime and straight-time holiday pay. However, these discussions will not be contingent upon any agreement reached regarding bi-weekly pay. 8. PERS Lona-Term Care. The County will deduct and remit monthly premium and provide eligible lists to the PERS Long-Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase coverage under the PERS Long-Term Care Program. County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care in County facilities during non-work hours (i.e. coffee breaks, lunch hour). 9. Direct Deposit Administrative Fee. Effective the first of the month following Board approval of this Letter of Understanding, the o-ne-time - 3 - $5.00 direct deposit fee required for participation in the direct deposit payroll program is eliminated. 10. Health Care Spending Account. Effective January 1 , 1997, the County will offer incumbents in regular full-time and part-time (20/40 or greater) positions represented by Local 535, the option to participate in-a Health Care Spending Account (HCSA) Program regulated under Section 125 of the Internal Revenue Code. 11 . Wellness Incentive Program. A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee. The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely with the Human Resources Department on program design and implementation. 12. Bilingual Pay. Increase differential to $60 per month effective July 1 , 1996 and $65 per month effective October 1 , 1997, subject to payment as provided in No. 2 above. 13. No Discrimination. Change reference of "handicap" to "disability." 14. Deferred Retirement. Effective two (2) months following Board approval of this Letter of Understanding, and under certain conditions and limitations, employees who resign and file for a deferred retirement may continue in their County group health and dental plan. 1 S. Salary on Promotion. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease, in which case the employee is appointed to the next higher step. If however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 16. Definitions - Layoff List. Add "displacement" to definition of Layoff List. 17. Separation Through Layoff. Amend Section to add ."or has transferred in lieu of layoff or displacement." - - 4 - 18. Training Reimbursement. The County agrees to amend Administrative Bulletin No. 12.7, Training Reimbursement, Section IIB (Reimbursement for Career Development Training/Education) to allow reimbursement for books and to increase total allowable reimbursement from the current limit of $600 per year to a maximum of $650 per year effective July 1 , 1996 for the 1996/1997 fiscal years. New limits will also be set at $162.50 per quarter and $217.00 per semester. 19. Pay for Work in a Higher Classification. Amend Section to add "except that if the period of work for higher pay in a higher classification exceeds one (1 ) year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment shall remain unchanged." 20. Grievance Procedure. Without regard to the time limit expressed in the Tentative Agreement, representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. 21 . Health/Dental Plan Contracts. The parties agree that all current health and dental contracts be renewed from January 1 , 1996 to December 31 , 1996. 22. Military Leave. Amend Section by adding "Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence in accordance with applicable federal or state laws." 23. Child Care. The County will continue to support the concept of non- profit child care facilities similar to the "Kids at Work" program established in the Public Works Department. 24. Employee Representation Rights. The County recognizes an employee's right to representation during any disciplinary interview or meeting which may result in discipline. The County will not interfere with the representative's right to assist an employee to clarify the facts during the interview. - 5 - 25. Unfair Labor Practice. Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor's Resolution 81 /1 165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) work days from the date of receipt, may be heard and decided by a mutually agreed-upon impartial third party. 26. Sick Leave. Paid sick leave credits may be used by an employee upon adoption of a child. Paid sick leave credits may be used upon the death of an employee's domestic partner. Use of additional accruals, including sick leave when appropriate, may be authorized in conjunction with bereavement leave at the discretion of the appointing authority. 27. Confidentiality of Information/Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). 28. Voluntary Furlough Policy The existing VTO program shall be continued. UNIT TABLE AGREEMENTS 1 . Salaries. The salary of the SSPA class shall be maintained at a rate of five percent (5%) higher than that of Eligibility Work Specialist. Accordingly, incumbents of the SSPA in the SSPA class shall receive a 2.0% adjustment effective January 1 , 1996. Revise the Social Service Program Assistant (SSPA) class specification to reflect current job duties and responsibilities. 2. Social Service Welfare Fraud Field Investigators. Establish the class of Social Service Welfare Fraud Field Investigator at the same salary range as Social Service Welfare Fraud Investigator and reclassify the Social Service Welfare Fraud Investigators performing "Early Fraud" duties, to Social Service Welfare Fraud "Field" Investigators; eliminate the P.O.S.T training and psychiatric evaluation requirements from the Social Service Welfare Fraud Investigator class description; and allow the Social Service Welfare Fraud Field Investigators the option of carrying pepper spray. The process for filling vacant Welfare Fraud Investigator and Welfare Fraud Field Investigator positions shall require the Social Service Department to alternately fill vacant positions with employees from within the Department and by using the open eligible list. Positions filled from within shall be filled alternately through the bid process and - 6 - the promotional eligible list. Positions subject to bid for which no responses are received, shall be filled from the promotional list. 3. Staffing Allocations and Reassignments. Modify the reassignment bid process for the Welfare Fraud Investigator and the Welfare Fraud Field Investigator classes by restricting the bidding to employees in one of the two classes. Welfare Fraud Field Investigator series, for reassignment purposes, is defined as Social Service Welfare Fraud Field Investigator and Social Service Senior Welfare Fraud Field Investigator. 4. Staffing Allocations and Workload Distribution. The currently implemented Work Group Reports shall continue unless modified by consensus of the Labor Management Team. Either party may request a discussion on modifications or elimination of the Work Group Reports no earlier than three (3) months following Board approval of this Letter of Understanding. If the Program Committee does not reach resolution on program specific issues which is acceptable to the parties within forty- five (45) days, the appropriate Assistant Director shall have twenty (20) days to resolve the matter. Failing resolution, either party may submit such matters to the Labor-Management Team. Program Committee and Labor Management Team meeting minutes shall be posted in each Social Service Department building by the Department. S. Cellular Phones. Execute side letter agreement defining the process for requesting the purchase or replacement of cellular phones. The Department shall buy twenty-four (24) additional cellular phones. 6. Air Filters. The Department plans to establish a procedure with the General Services Department for the provision of information concerning the changing of air filters in Social Service buildings on a semi-annual basis. Dated: Nmpbe-rte 18", (99 CONTRA COSTA COUNTY SEIU LOCAL 535 RANK & FILE UNIT Kathy Ito bamita Davis-Howard 1 Labor Relations Manager Field Representative cc: Leslie Knight, Director of Human Resources Human Resources Division - Personnel Services Unit _ Social Service Department Auditor/Payroll - 7 - c� Contra -sE L Human Resources _. Department Costa r :� Third Floor,Administration Bldg. Count ' �c 651 Pine Street Y � Martinez,California 94553-1292 (510)646-4064 Leslie T.Knight Director of Human Resources November 14, 1996 Ms. Damita Davis-Howard, Field Representative SEW Local 535 - Rank & File Unit 661 27th Street Oakland CA 94612 RE: CELLULAR PHONES Dear Ms. Davis-Howard: This letter is to confirm agreement between the County and SEIU Local 535 Rank & File as follows: When a request for a cellular phone is made to a supervisor, such request will be forwarded to the Division Manager, along with the justification for the request. If the Division Manager is unavailable due to vacation or other long- term absence, the request will be forwarded to the Assistant Director. The requesting employee will be advised of the outcome of the cellular phone request as soon as a decision is made (normally within two weeks). Cellular phone requests (to purchase or replace) must be evaluated by the Division Manager level or higher. If the Division Manager determines that the phone request is necessary for staff safety, the Division Manager will order the cellular phone through normal channels (through Phil Simonds). Requests for cellular phone repairs may go directly to Phil Simonds at 40 Douglas Drive, Martinez. If the foregoing confirms your understanding, please indicate approval and acceptance in the space provided below: CONTRA COSTA COUNTY SEW LOCAL 535 RANK & FILE UNIT l Kathy Ito Damita Davis-Howard _ Labor Relations Manager Field Representative cc: Judy Campbell, Social Service Personnel Officer 7 Contra 5E--` ��������F°F. Human Resources Department Costa -- � Count `� %z y �\���,�,r,�;�� Third Floor,Administration Bldg. �.?:- `� '�` 651 Pine Street Martinez, California 94553-1292 (510)646-4064 November 14, 1996 Leslie T.Knight Director of Human Resources Ms. Damita Davis-Howard, Field Representative SEIU Local S35 - Rank & File Unit 661 27th Street Oakland CA 94612 RE: SSWFI & SSWFFI ALTERNATE CERTIFICATION Dear Ms. Davis-Howard: This letter is to confirm agreement between the County and SEW Local 535 Rank & File as follows: Positions in the Social Service Welfare Fraud Investigator and Social Service Welfare Fraud Field Investigator classes shall alternately be filled from inside and from the open list. Positions filled from the inside shall be filled alternately through the bid process and the promotional list. Positions subject to bid for which no responses are received shall be filled from the promotional list. If the foregoing confirms your understanding, please indicate approval and acceptance in the space provided below: CONTRA COSTA COUNTY SEW LOCAL 535 RANK & FILE UNIT Kat y Ito Damita Davis-Howard Labor Relations Manager Field Representative cc: Judy Campbell, ,Social Service Personnel Officer LABOR-COALITION MANAGEMENT COUNTER TO C2 PRESENTED: OCTOBER 7, 1996 10:30 PM C2 - RETIREMENT PROPOSAL Subject" to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier II employees to elect a Tier III Retirement Plan under the following conditions: 1. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier III, from and after the date of implementation, shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier II disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. Employees represented by the Labor Coalition and its member employee organizations (herein referred to as 'Labor Coalition')enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six(6) month period after such date to make a one time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board of Supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier II who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. 5. a. The County's employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier III which exceed those which would be required for Tier 11 membership shall: 1. be funded by reducing the general wage increase agreed upon to be effective October 1, 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by three ($3) million dollars per year; and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and �. 0 2. in the event the County's costs attributable to the. creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in.future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future'wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and 3. in the event the County's costs attributable to the Tier III Retirement Plan are less than $3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and 4. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and 5. County savings shall be held in an account by the Auditor-Controller which is invested:in the County's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition on a) the beginning account balance, b) the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan, and d) the ending account balance. b. Any increased costs to the County, due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by-reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. C. Subject to the provisions expressed above, any and all additional employer and County-paid employee contributions which exceed the sum of the County's legally required contributions under Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. 2 C7 Far 6. a. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. b. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective-date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1%) wage increase shall be implemented by the County effective October 1, 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. 7. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employees' Retirement Association. 8. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (1%) lump sum wage increase shall be implemented by the County within sixty (60) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1, 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. TENTATIVE AGREEMENT DATED: D 'fA FOR THE COUNTY FOR THE EMPLOYEE /(ORGANIZATIONS I i 1 � 3 1995 NEGOTIATIONS - LABOR COALITION MANAGEMENT COUNTER PROPOSAL TO C21 Presented: October 15, 1996 8:30 PM The following language shall be added to the applicable Memoranda of Understanding. PAID PERSONAL LEAVE Represented management employees will be credited with fi (50) hours of paid personal leave to recognize the fact that these employees do not and will not receive payment for overtime. Said fifty (50) hours must be used during the calendar year in which credited and may not be carried forward. This paid personal leave is separate from paid vacation and will be accounted for accordingly. Upon separation from County service. there shall be no payoff for unused personal leave credits. Administration of paid personal leave shall be administered in accordance with provisions of Administrative Bulletin 323. In recognition of this benefit adjustment, represented management employees will receive a one-time-only additional ten (10) hours management administrative leave the first of the month following adoption of the MOU. TENTATIVE AGREEMENT DATED: 0q'-ap- PA FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS All __ f 1995 NEGOTIATIONS - LABOR COALITION MANAGEMENT COUNTER PROPOSAL TO C23 Presented:July 25, 1996 C23. Temporary Employees Subject to the approval and establishment of permanent positions by the Board of Supervisors, if necessary, temporary employees represented by Locals 1 , 535 and AFSCME Local 2700 who have worked not less than 6,000 hours in temporary employee status between January 1 , 1991 and July 1 , 1996 inclusive, shall be offered an appointment to such positions, subject to qualification under the Personnel Management Regulations, in the classification and department in which they currently work. Such employees shall have the option of either remaining in temporary status (not to exceed 1000 hours* in a fiscal year) or being appointed to a Permanent Intermittent, Permanent Part-time, or Permanent Full-time position. The formula to be used to calculate the position type (full-time, part-time) for each employee who elects appointment to a permanent position is the employee's total number of temporary hours worked on or after January 1 , 1991 divided by the total number of months of service in which those temporary hours were worked. Additionally, the County agrees to meet and confer with the above named unions concerning the future use of represented temporary employees. *excluding Probation Counselors TENTATIVE AGREEMENT AUGUST 15, 1996 For the County For the Coalition----------------------------- - J LABOR COALITION - 1995 NEGOTIATIONS MANAGEMENT POSITION ON M25 Presented: 06/10/96 M25. DIFFERENTIALS ' The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of 5 Labor and 5 Management employees to study and recommend actions necessary to standardize payment and application of differentials including, but not limited to, proration for less than full-time employees; the length of payment while on paid sick leave or disability and consistency between percent-based vs flat-payment differentials. TENTATIVE AGREEMENT DATED. FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS i" 1 LABOR COALITION - 1995 NEGOTIATIONS MANAGEMENT PROPOSAL NO 14 Presented: 08/10/95 Revised: 08/10/96 BI-WEEKLY PAY PERIODS The County shall present to Labor Coalition a comprehensive proposal for replacement of the current system of monthly pay with a bi-weekly (eve(y other week) pay system. The Labor Coalition agrees to commence meet and confer on those elements in the proposed biweekly payroll system which are within the scope of bargaining and/or on the impact of replacing the current monthly pay system with a bi-weekly system. Any implementation of a bi-weekly pay system must be by mutual agreement of the parties. Meet and confer on bi-weekli pay may also include as applicable discussion on (1) the proration of vacation and sick leave accruals for permanent part-time employees and (2) discontinuing the payroll practice of applying a factor of 1.05 when computing the base pay hourly equivalent for full-time and part-time permanent employees for the purpose of compensating shift differential, hazard pay, straight-time overtime and straight-time holiday pay. However, these discussions will not be contingent upon any agreement reached regarding bi-weekly pay. 1 �6 TENTATIVE AGREEMENT DATED: -ty1 FOR THE COUNTY FO THE EMPLOYEE ORGANIZATIONS 2 LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT PROPOSAL NO. 23 Presented: 09/21/95 PERS LONG TERM CARE The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase Iong term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on County facilities during non-work hours. Q.e: coffee breaks, lunch hour). TENTATIVE AGREEMENT DATED: /U IJA S FOR THE COUNTY FOR THE ESMPLOYEE O R GA NI-ZATIONS LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT PROPOSAL NO. 13 Presented 08/10/95 SALARIES The one time $5.00 direct deposit fee required for participation in the direct deposit payroll program is eliminated effective the first of the month following Board of Supervisors' approval of this MOU. TENTATIVE AGREEMENT DATED: /7 g� FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS C C,IVA- • Cc�� LABOR COALITION- 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT PROPOSALNO.20A Presented2/29/96 HEALTH CARE SPENDING ACCOUNT The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the-internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck, not to exceed $2400 per year, for health care expenses not reimbursed by any other health benefits plan with before tax dollars. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance can not be recovered by the employee. TENTATIVE AGREEMENT DATED: FOR THE COUNTY F00 THE EMPLOYEE ORGANIZATIONS -f4(Y-A Mai 4:7 T �. c_ 8d LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS _ MANAGEMENT PROPOSAL NO. 21 Presented: 12/07/95 Revised: 02/01/96 WELLNESS INCENTIVE PROGRAM Abroad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee. The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely with the Human Resources Department on program design and implementation. PROGRAM DESIGN The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participation in their established wellness activities. Special emphasis will be placed on supporting major programs such as: Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health Fairs. FORMAT A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing certain point levels. The value of the prizes will increase with higher point values and one (1) grand prize will be awarded each year to the employee with the highest number of points. INCENTIVES A series of incentive prizes will be assigned to certain point values. In addition. recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. REFERRAL The parties agree to refer the contents of this proposal to the Wellness Committee for its consideration. TENTATIVE AGREEMENT DATED: / lq(. FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS ` I &biic A6, 1995 NEGOTIATIONS - LABOR COALITION MANAGEMENT POSITION C29 Presented: July 12, 1996 C29. BILINGUAL PAY Effective 7/1/96, the current program differential shall be increased from $50 per month to$60 per month. Effective 10/1/97, the differential shall be increased to a total of$65 per month. TENTATIVE AGREEMENT DATED: FOR THE COUNTY FORTHE EMPLOYE ORGANIZATIO�S ✓� . � � �� • LABOR COALITION - 1995 NEGOTIATIONS t._ MANAGEMENT PROPOSAL NO. 1 Presented: 07/06/95 Revised: 02/15/96 NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA) f- (Local One Only) There shall be no discrimination because of sex, race, creed, color, national origin, 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 hamelka disabled person solely because of such hamtcetp disability unless that hetmdocapr disability prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely. (Local 512 Only) 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 handicap disabled person solely because of such map disability unless that—hamdieap- disability 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. (Locals 535 R&F and 535 SUPV Only) NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, political opinion, sex, sexual orientation or Union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age or physical handieap disability. (Local 2700 Only) NO DISCRIMINATION There shall be no discrimination because of sex, race, creed, color, national origin, 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 disabled person solely because of such handoeap disability unless that hip disability 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. �o (CNA Only) NO DISCRIMINATION There shall be no discrimination because.of race, creed, color, national origin, sexual orientation or Association 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- disabled person solely because of such harrdieetp- disability unless that handicap disability prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position. There shall be no discrimination because of Association membership or legitimate Association activity against any employee or applicant for employment by the County or anyone employed by the County. (WCE Only) NO DISCRIMINATION/AMERICANS WITH DISABILITIES.-ACT (ADA) There shall be no discrimination because of race, creed, color, national origin, sexual orientation or Council activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any hamelieap disabled person solely because of such handicap disability unless that handicap— disability prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the iti a i o no e It position safely or in a manner that does not endanger the health of such person. There shall be no discrimination because of Council membership or legitimate Council activity against any employee or applicant for employment by the County or anyone employed by the County. The County and the Council recognize that the County has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the County contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in conflict with any provision of this MOU, the Council will be advised of such proposed accommodation. Upon request, the County will meet and confer with the Council on the impact of such accommodation. If the County and the Council do not reach agreement, the County may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall preclude the County from taking actions necessary to comply with the requirements of the ADA. (UAPD - No Change) (The parties agree that the Local One Only section of this proposal is moved to the Local One table). TENTATIVE AGREEMENT DATED: 5e'�- .2z FOR THE COUNTY FOA THE EMPLOYEE 0RGA IZATIONS '1 U �.- LABOR COALITION 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO # C2.3 PRESENTED JULY 12, 1996 Employees Who File for Deferred Retirement Effective two months following an approved agreement, employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: 1. Life insurance coverage is not included. 2. To be eligible to continue health and dental coverage, the employee must: a. be qualified for a deferred retirement under the 1937 Retirement Act provisions. b. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. c. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within 24 months of their application for deferred retirement. d. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within 30 days before their separation from county service. 3. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 11 th of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. 4. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three calendar month waiting period after the commencement of their monthly allowance. 5. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than 24 months after separation from County service. f 6. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees.: T2:DEFER.961 TENTATIVE AGREEMENT DATED: FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS C Pd LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT PROPOSAL NO. 10 (EXCEPT UAPD) Presented: 07/20/95 Revised: 12/14/95 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 (597, the employee's salary shall be adjusted to the step in the new range which is at least five percent (597 greater than the next higher step; provided however that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off. the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. if however, the employee is being appointed into a class allocated to a higher salary range than the class from which the employee was laid off. the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher_ �-SPO Local One - Section 5.10 (Amend) Local S 12 - Section 5.12 (Amend) Local 535 R&F- Section 5.10 (Amend) Local 535Supv - 5.10(Amend) Local 2700 - Section 5.11 (Amend) Appraisers' - Section 5.1 1 (Amend) CNA - Section 5.13 (Amend) UAPD - N/A WCE - Section 5.9 (Amend) TENTATIVE AGREEMENT DATED: I THE COUNTY FORTHE EMPLOYEE ORG�A�iNIZATIQNS K� LABOR COALITION - 1995 NEGOTIATIONS MANAGEMENT PROPOSAL NO. 1 i --- Presented: July 27, 1995 J' (PROPOSAL ON LAYOFF NOT APPLICABLE FOR UAPD) (512, 535R&F, 535SUP, 2700, APPR, CNA, WCE) DEFINITIONS - LAYOFF LIST 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 demoted by displacement. or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement (LOCAL ONE) 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 demoted by c lisplacement, or have voluntarily demoted in lieu of layoff or displacement or have transferred in lieu of layoff or displacement- TENTATIVE AGREEMENT DATED: /b i a /q,�- _ FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS Cf,A - �rJ �� 1�: fy� �:iv' d LABOR COALITION - 1995 NEGOTIATIONS MANAGEMENT PROPOSAL NO. 11 —f PERSONNEL MANAGEMENT REGl1'LATIONS -Presented: ,July 27, 1995 DEFINITIONS -LAYOFF LIST 109. "LAY FF LIST" means a list of persons who have occupied positions allocated to a class in the merit system, and who have been involuntarily separated by layoff, displacement, or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement or have voluntarily transferred in lieu of layoff or displacement. TENTATIVE AGREEMENT DATED: FOP,�TiiH��E COUNTY FOR THE EMPLOYEE ORGANIZATIONS �1,tvJ l LABOR COALITION - 1995 NEGOTIATIONS MANAGEMENT PROPOSAL NO. 12 Presented: July 27, 1995 NOTE: THE FOLLOWING PARAGRAPHS IN THE "LAYOFF" SECTION ARE IMPACTED BY THE LANGUAGE CHANGE. (NOT APPLICABLE FOR UAPD) (LOCAL ONE, APPRAISERS, 535R&F, 535SUPV, 512, CNA, WCE - NO CHANGE) (2 700) Separation Through Layoff. F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or dispiacemen.t, the person's name shall be placed on the L- layoff list for the class of positions from which that person has been removed. (2 700) G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced or demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous C J2U permanent County employment with remaining ties broken by random selection among the employees involved. (512, 535SUP, WCE, CNA, 535R&F, LOCAL ONE, APPR) G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced or demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. (ALL EMPLOYEE ORGANIZATIONS) I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacemept, or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from vVhich an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the,same step of that salary range the employee held on the day of layoff. TENTATIVE AGREEMENT DATED:—/, O FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS wlt��OL <J LABOR COALITION - 199S NEGOTIATIONS MANAGEMENT PROPOSAL NO. 12 )7- PERSONNEL 2X7- PERSONNEL MANAGEMENT REGULATIONS Presented: July-27, 1995 707. CERTIFICATION OF PERSONS FROM LAYOFF LISTS. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement, or transferred in lieu of layoff or displacement_ When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. TENTATIVE AGREEMENT DATED: I iz 9 FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS J &JAf c OW LABOR COALITION - 1995 NEGOTIATIONS MANAGEMENT COUNTER PROPOSAL TO C - 14 PRESENTED MARCH 21, 1996 REVISED MAY 14, 1996 C-14 TRAINING REIMBURSEMENT The County agrees to amend Administrative Bulletin No. 12.7 Training Reimbursement, Section IIB (Reimbursement for Career Development Training/Education) to allow reimbursement for books (paragraph 2) effective 7/1/96 and to increase total allowable reimbursement (paragraph 3) from the current limit of $600 per year to a maximum of $650 per year effective 7/1/96 for the 1996/1997 fiscal year. New limits will also beset at $162.50 per quarter and $217.00 per semester. Amend MOU's as follows: AFSCME Local 512 (Section 29.1) AFSCME Local 2700 (Section 29.1) Local No. One (Section 28) WCE (Section 26) The County Administrative Bulletin on Training shall govern reimbursement for training and shall erne-te limit reimbursement for career development training to $200 $217.00 per semester or $-1-50 $162.50 per quarter, not to exceed $600 $650 per year, except as otherwise provided in the supplemental sections of this MOU. Effective 7/1196, reimbursement under the above limits for the cost of books for career development training shall be allowable. CNA The County Administrative Bulletin on Training shall govern reimbursement for training and shall cent-inue-te limit reimbursement for career development training to two hundred and seventeen dollars($217.00) per semester or one hundred sixty-two dollars and fifty cents ($162.50) per quarter, not to exceed " 'x " six hundred fifty dollars ($650) per year. Effective 7/1/96, reimbursement under the above limits for the cost of books for career development shall be allowable. Continuing education shall continue to be administered under the Administrative Bulletin on Training and of the "$-690" 650 per year, $250 may be applied to continuing education courses. Training reimbursement applicable to continuing education (i.e. $250) may be carried over into the next fiscal year. The maximum reimbursement available in any fiscal year may not exceed twice what may accrued in any one fiscal year_ 1 63 Appraisers Association The County Administrative Bulletin on Training -shall govern reimbursement for training and shall eentimue ter limit reimbursement for career development training to $20$ $217.00 per semester or $150• 162.50 per quarter, not to exceed $600 650 per year. Effective 7/1/96, reimbursement under the above limits for the cost of books for career development shall be allowable. 535 R & F The Social Service Department shall establish an annually renewable training reimbursement fund in the amount of$10,000 for the exclusive purpose of reim- bursing employees covered by this agreement for the cost of tuition, fees, books, and other employee expenses incurred in the pursuit of work related edu- cation, continuing education, or work related graduate degree. in the Social Service Department said fund shall replace the career development training reim- bursement described in the County Administrative Bulletin on Training. Reimbursement under said fund will be limited to two hundred dollars (5200) two hundred and seventeen dollars (5217.00) per semester or ,O) one hundred sixty-two dollars and fifty cents ($162.50) per quarter, not to exceed six humdred delletrs (5600) ($650) per year. Career development training reimbursement for employees in the Health Services Department shall continue to be governed by the County Administrative Bulletin on Training which limits such reimbursement to two hundred dellarry (5299) two hundred and seventeen dollars _($21 7,00) per semester or erre humdred fifty dollars (5150� one hundred sixty-two dollars and fifty cents ($162.501 per quarter, not to exceed six humdred dollars ($600) (5650) per year. Those employees entering the Social Casework Assistant classification by the substitution pattern in the minimum qualifications shall be entitled to direct benefit tuition reimbursement under the County training reimbursement policy. Such employees requesting a leave of absence or permanent part-time positions for the purpose of completing a bachelor's degree shall be given priority con- sideration by the Department. Effective 7/71 /96, reimbursement under the above_ limits for the cost of books for career development shall be allowable. 535 SUPVS. The Social Service Department shall establish an annually renewable training reimbursement fund in the amount of$5,000 for the exclusive purpose of reim- bursing employees covered by this agreement for the cost of..tuition, fees, books, and other employee expenses incurred in the pursuit of work related edu- cation, continuing education, or work related graduate degree. Said fund shall replace the career development training reimbursement described in the County Administrative Bulletin on Training. Reimbursement under said fund will be limited to two hundred and seventeen dollars ($217.00) per semester or one hundred sixty- two dollars and fifty cents ($162.50) per quarter, not to exceed rsix dellarrr ($6$0) ($650) per year. When authorized as operationally beneficial to the Department, up to $50 of the training reimbursement fund per calendar year per employee may be used toward conference attendance or related materials not covered in the Professional Development Allowance in Section 52.4. Effective 7/1 /96, reimbursement under the above limits for the cost of books for career development shall be allowable. TENTATIVE AGREEMENT DATED: /�I Rte FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS /4W!U-2cerci 1995 NEGOTIATIONS - LABOR COALITION MANAGEMENT COUNTER PROPOSAL TO C16 Presented: May 29, 1996 Section 5.14 Pay For Work in a Higher Classification Amend Section: During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory_performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchancied. TENTATIVE AGREEMENT Dated 5-29-96 This provisionshall apply to Short Term Higher Level Reassignments in deep classes. - FOR THE COUNTY Fog THE EMPL YEE ORGANIZATIONS lam --------------------------- - �- _; _ --_-__ C�D 1995 NEGOTIATIONS - LABOR COALITION MANAGEMENT COUNTER PROPOSAL TO C-17 Presented: 06/06/96 C17. GRIEVANCE PROCEDURE Following completion of these negotiations, but no later than November 1 , 1996, representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop rules and guidelines governing the conduct and administration of Adjustment Boards. TENTATIVE AGREEMENT DATED: 6 Iq 9 ro FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS Ltd J LABOR COALITION - 1995 NEGOTIATIONS ALL EMIPLQYEE ORGANIZATIONS MANAGEMENT PRQPOSAL NO. 18 Presented: 09/21/95 HEALTH/DENTAL PLAN CONTRACTS The County proposes to extend all Current health and dental contracts through December 31 . 1995 and renew all contracts from lanuary 1 . 1996 to December 31 , 1996_ TENTATIVE AGREEMENT DATED: v a f� FOR THE COUNTY FOR THE EMPLOYEE ORGANI TIONS / 6, - &�1//- , d - LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO C19 Presented: November 30, 1995 MILITARY LEAVE Any employee in the Merit Systern who is required ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof, shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence in accordance with applicable federal or state laws. Upon the termination of such service, or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. TENTATIVE AGREEMENT DATED:_ /2 Z-Zq-S FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS J C! �6 LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO C20 Presented: DecembeY 7, 1995 NEW SECTION -CHILD CARE The County will continue to support the concept of non-profit child care facilities similar to the "Kid's at Work" program established in the Public Works Department. TENTATIVE AGREEMENT DATED: FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS 7 AW owl �vl LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO C35 Presented: December 7, 1995 Revised: January 18, 1996 EMPLOYEE REPRESENTATION RIGHTS The County recognizes an employee's right. to representation during any disciplinary interview or meeting which may result in discipline. The County will not interfere with the representative's right to assist an employee to clarify the facts during the interview. New Section for all Employee Organizations except AFSCME, Local 2700 In addition to this language, the parties agree that upon final adoption of a new MOU the Human Resources Director will issue to all Department Heads a policy memo similar to that distributed in Health Services dated 11/20/95 regarding employee representation rights during an investigatory interview. TENTATIVE AGREEMENT DATED: FOR THE COUNTY FO THE EMPLOYEE ORGANIZATIONS � � T zhq/ he'11PLI'lcl j �!Yj, #�' Contra : = .i G" Human Resources Department Costa - COI 1 t^111/ Third Floor,Administration Bldg. U 1 1 ly 651 Pine Street ,. Martinez,California 94553-1292 DATE: May 16, 1996 TO: All Department Heads and Personnel Officers FROM: Leslie T. Knight, Director of Human Resources SUBJECT: Disciplinary Investigations From time-to-time, questions arise as to the proper conduct of investigatory meetings by departmental managers where discipline may result. These general guidelines are provided to clarify the rights of employees, their representatives and managers when an investigatory meeting is held. EMPLOYEE'S RIGHTS: ► To have a union representative present at any meeting when there is a potential for disciplinary action. The person holding the meeting should advise the employee of this right in advance. If the employee declines union representation, that should be reconfirmed at the beginning of the meeting. Note: if any employee requests representation in a meeting that is non-disciplinary (e.g. counselling session or performance evaluation conference), it is recommended that the manager grant this request rather than escalate the employee's anxiety. ► To be informed about the subject of the meeting, but only if the employee or union representative ask. The subject, when given, should not be either too broad or too specific. For example, "job performance" is too vague, but "putting false information into the computer" is probably too specific as it might give the individual a chance to cover his/her tracks. In this example, an appropriate response might be "concerns about record keeping practices." UNION'S ROLE/RIGHTS: ► Upon request, to have a reasonable opportunity to consult with the employee in advance of the meeting. ► To speak and actively participate in the investigatory interview. This does not take away the employer's right to hear the employee's personal account of the matter under investigation. ► To ask questions of the employee. ► To offer additional information. MANAGER'S RIGHTS: ► To hear the employee's account. This can be problematic with a nervous employee or aggressive union representative. As a practical matter, if the union rep insists on answering for the employee, the manager should let him/her do so, then turn to the employee and ask if he/she agrees and/or has anything to add. This information is provided for general guidance. Should you have any additional questions please contact Rich Heyne, Labor Relations Manager at 646-4146. LTKjm attachment disctrrvt/J JiJt4-10-1996 15'©y CCC PERSOMEL DEPT a4D FL 510 646 4299 P.02 1995 NEGOTIATIONS LABOR COALITION MANAGEMENT COUNTER TO C22 Presented: June 10, 1996 SECTION 41 - UNFAIR LABOR PRACTICE Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. TENTATIVE AGREEMENT DATED: FOR THE COUNTY FOR THE EMPPjLOYEE ORGANIZATIONS G'_8d LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO C26 Presented: November 16, 1995 ADD NEW SECTION SECTION 14.3 - SICK LEAVE New h. Legal Adoption of a Child - Paid sick leave credits may be used by an employee upon adoption of the child. -h i_ Accumulated paid sick leave credits. . . . . TENTATIVE AGREEMENT DATED: i FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS l fs'Q JAN-18-1996 16=11 CCC PERS� DEPT 2ND FL 510 646 4299 P.02 LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO C28 Presented: December 7, 1995 Revised:January-18, 1996. Amend Section 14.3 Policies Governing the Use of Paid Sick Leave g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner. but this shall not exceed three working days, plus up to two days of work time for necessary travel. Use of additi nal c ruals including sick leave when appropriate may be authorized in coniunction with the bereavem nt leave at the discretion of the appointing authority. All organizations except UAPD. UAPD Section 9.3 g. TENTATIVE AGREEMENT DATED: FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS TOTAL F.02 1995 NEGOTIATIONS - LABOR COALITION MANAGEMENT COUNTER PROPOSAL TO C-34 Presented: May 29, 1996 NEW SECTION CONFIDENTIALITY OF INFORMATION/RECORDS Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO C12 Presented: November 30, 1995 . VOLUNTARY FURLOUGH POLICY (VTO) Last sentence to remain unchanged: The existing VTO program shall be continued "for the life of the contract." Sections: Local One Section 17.3 CCPU Section 10.13 WCE Section 16.3 Local 535 (R&F) Section 16.3 Local 535 (SUPV) Section 17.3 CNA Section 16.3 Local 512 Section 18.3 Local 2700 Section 18.3 Appraisers' Section 16.3 TENTATIVE AGREEMENT DATED: Z 7 IQS FO,R THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS i •�"_ ... Settlement SE1U 1,oca1535 Workers Chapter and Contra Costa County March 13, 1996 1. Accept attached 535 counter on Section 37- Staffing Allocations and Workload Distribution. 2. Accept attached memo re: Air Filters. 3. Accept attached Side Letter re: Cellular Phones and the Department shall buy twenty-four(24)additional cellular phones. 4. The County shall add to Section 5 "The Salary of the class of Social Service Program Assistant(SSPA) shall be maintained at a rate at least five percent(5%) higher than that of Eligibility Work Specialist. Incumbents of the SSPA class shall receive the appropriate adjustment effective January 1, 1996." 5. The Union accepts County SSPA job specification amendments (attached)dated 2/27/96. 6. Accept attached 535 counter on Career Ladder and Welfare Fraud Investigators.- 7. nvestigators:7. Accept County's last counter proposal - Section 38 8. Accept attached- Counter Union 9 For the Union: /j�/�� For the County: • c_8a Local 535 Counter to ManaLrement#1:� SECTION 37- STAFFING ALLOCATIONS& WORKLOAD DISTRIBUTION 37.1 Quarterly Review. The Social Service Department shall review the amount and nature of work in its operating units on a quarterly basis and shall initiate reassignment of employees necessary to balance the number of available employees in each classification with the existing and expected amount and nature of work in operating units throughout the Department. The process to be used in determining work assignment and volume shall be to balance the existing amount of work among existing staff, in accordance with applicable sections of this Memorandum of Understanding. 37.2 Department/Union Monthly Meeting. There shall be a meeting between the Social Service Department and the Union every month to review and discuss the existing amount and nature of work; to share information and ideas on workload issues throughout the Department; and to discuss long-range planning concerning Department programs and implementation. The meeting will be chaired by the Director or his/her designee. 37.3 Labor-ManalZement Team. The expanded Labor-Management Team, consisting of designees from all represented employee organizations in the Social Service Department, and management staff appointed by the Director, shall continue through the end of this current agreement, and may continue thereafter if mutually agreed by the parties. The process, as outlined herein, and as outlined in the 1993 Pilot Agreement, shall also continue. and to f milt"to the PHeess and ,,,,,t.,.,' g al Of issuef:es e'utien may be- d during this agreement-Arith the Dir-ee4er-if so requested by the Union. Matters concerning increases or decreases in the relative level of work assigned to employees covered by this agreement shall be brought for consideration to the Labor-Management Team,after first being addressed in the respective Program Committee(s), if applicable. The Labor-Management Team will review the matter at the next scheduled meeting and will endeavor to reach consensus and make a determination by its next regularly scheduled meeting. If the committee is unable to reach a consensus as to a proposed workload adjustment, the matter will be referred to the Director for decision. The Union may then request a special meeting with the Director to be held within 7 working days of the last workload meeting in order to directly provide input related to a workload adjustment. The currently implemented Work Group Reports shall continue unless modified by consensus of the Labor- Management Team. Upon �st of either paFty on or-after November 18, 1994,this agreement shall be reopened- . Either party may request a discussion on modifications or elimination of the Work Group Reports no earlier than three months after the signing of this agreement. 37.4 Pro„ram Committees. It will be the ongoing expectation and process that program specific issues shall in most cases be first addressed in a timely manner in the respective program committee(s) before becoming a topic for discussion in the Labor-Management Team_ Topics for discussion in Program Committees include potential program/regulation changes; information regarding new procedures, forms, and other factors or changes in procedures which may have an impact on workload. If the • :, e-ted Program Committee does not reach resolution acceptable to the parties within forty-five (45) days, the appropriate Assistant Director shall have twenty (20) days to resolve the matter. Failing resolution,either party may submit such matters to the Labor-Management Team. Program Committees shall meet monthly, unless a meeting is waived by the Director or his/her designee, and written minutes shall be furnished to the Labor-Management Team members on a timely basis. Such minutes should clearly identify issues and program committee actions. Program Committees will work within the appropriate chain of command in managing committee work and agendas expeditiously. 37.5 Meeting Minutes. Summary minutes shall be kept for each Program Committee and Labor- Management Team meeting and shall be distributed to all committee members prior to the next meeting. These minutes shall be posted on the Union Bulletin B in each Social Service Department building by the Department. 37.6 Workload Streamlining. The Union shall quarterly identify functions, procedures,and processes which it believes are unnecessary, and that should be discontinued as a means of streamlining workload. If the items identified are County mandated only,the Department has 60 days to respond by discontinuing the process or provide the reasoning for continuing them. If the items identified are State or Federally mandated,and the Department considers it feasible that they be discontinued, the Department will request appropriate waivers. If the Department does not believe the change or a waiver is feasible, it will provide the reasoning for continuing. Upon receipt of the requested waiver approvals, the process shall be discontinued. 37.7 Maintenance of Positions. The Social Service Department will make all reasonable efforts to keep filled all budgeted and authorized positions,and to the extent possible,will attempt to maximize the use of permanent employees. a:\wrkld-2.doc S , SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY To: SEIU Local 535 March 19, 1996 From: John Cullen, Director Subject: Air filters This is to confirm the Department' s plan to review General Services Department information concerning the change of air filters in Social Service buildings. A procedure will be established with the General Services Department for the provision of such information on a semi-annual basis. Such verification will be given to the department Safety Coordinator who will share the information with the Department Safety Committee on a semi-annual basis. airfltr.535 Gen 9c (New 3/86) Side Letter When a request for a cellular phone is made to a supervisor,such request will be forwarded to the Division Manager,along with the justification for the request. If the Division Manager is unavailable,due to vacation or other long-term absence, the request will be forwarded to the Assistant Director. The requesting employee will be advised of the outcome of the cellular phone request as soon as a decision is made(normally within two weeks). Cellular phone requests(to purchase or replace)must be evaluated by the Division Manager level or higher. If the Division Manager determines that the phone request is necessary for staff safety, the Division Manager will order the cellular phone through normal channels(through Phil Simonds). Requests for cellular phone repairs may go directly to Phil Simonds at 40 Douglas Drive,Martinez. OL &Elcal 35 Contra Costa County a:\phones-Ldoc. CONTRA COSTA COUNTY To SEIU 535 2/27/96 October, 1984 DRAFT Revised: March, 1996 SOCIAL SERVICE PROGRAM ASSISTANT DEFINITION: Under supervision, performs specialized quality assurance and quality control review of income maintenance and service cases; identifies discrepancies, determines corrective action, and performs case liaison between income maintenance and services;processes routine service case actions and/or manages a restricted caseload under direct supervision;provides group orientation or indiviuual assistance to clients in vocational programs; and performs related work as required. DISTINGUISHING CHARACTERISTICS: The Social Service Program Assistant is a paraprofessional class between the Eligibility Worker class series and the Social Worker class. The incumbents perform a variety of duties under direct supervision which are designed to provide skill and knowledge required to advance to the level of Social Worker. Positions in this class are responsible for reviewing and monitoring cases in categorical aide and services programs for appropriate disposition, timeliness, legal requirements and format or for assisting services staff in performing routine functions within services or work assistance programs. Social Service Program assistant is distinguished from Social Worker and Vocational Counselor in that the latter carry independent responsibility for case determination and assessment. This class is distinguished from Eligibility Work Specialist in that the latter performs functions related only to categorical aid determination. TYPICAL TASKS: Reviews case records, logs, forms and other documents to assess the appropriateness, timeliness, and legal compliance of specific case actions in a variety of income maintenance and/or service programs; Completes appropriate documents to report and summarize findings of review and indicates time requirements to respond to or correct case actions; Performs various duties to assist Work Program clients,which include conducting on-line inter-active interviews, assessing employability of ongoing cases by identifying barriers to employment, counselling clients regarding job search and training programs, and assigning workfare assignments; Conducts in-person client interviews in specialized case review assignments and validates, or completes client supplied data as needed in an on-line computer system or as needed; Conducts as assigned some group orientations, training sessions,job search workshops and/or job search counselling, particularly in the General Assistance program. c.J�'rj Prepares written/typed summaries of day-today functioning of clients after interviews and review of medical records as a part of disability evaluation to assist client in establishing eligibility for SSI; Provides information and assistance and/or refers clients and the general public to appropriate county or community services and work with public and private agencies to develop community resources; Assists eligible clients in securing appropriate child care as needed; Develops and revises child care plans for Non-GAIN and training eligible clients; Explains child care programs to various client groups; Processes child care and other supportive payments for various client groups which may include verifying eligibility and issuing payments; Provides child care providers with program information; Performs routine adult service case responsibilities, conduct routine verification of services provided, and processes document actions for adult service programs; Administers, scores and may interpret results of employment related test; Prepares and/or completes forms and correspondence and may gather and compile supporting statistical data regarding client status on computerized/on-line systems as required. MINIMUM QUALIFICATIONS: License Required: Valid California Motor Vehicle Operators License. Education: Completion of 60 semester units or 90 quarter units at an accredited college or university which included at least 12 semester or 18 quarter unit in psychology, sociology, social welfare, or a closely related field. Experience: Either 1) one year of full-time experience or its equivalent in a position in a California County with responsibility for public assistance eligibility determination or the processing of documents relative to either the placement of children or social service case compliance; 2) One year of full-time experience or its equivalent as an Eligibility Worker II or a Children's Services Clerical Specialist with Contra Costa County; or 3) six months of full-time experience or its equivalent as a Social Worker Trainee or Social Worker in Contra Costa County. Substitution: Additional qualifying experience may be substituted for the required education on a year-for- year basis up to a maximum of two years. KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of: Federal, State and County Social Service Rules and Regulations (Basic Level); GAG Federal, State and local regulations governing eligibility, grants for categorical aide, and related programs(Working level). Ability to: Learn social work principles, methods and techniques; Accurately gather, record and correctly evaluate data; Research and correctly interpret technical laws and regulations related to mandated eligibility and service compliance standards; Interview effectively and establish rapport with a wide variety of people; Prepare and/or complete reports and forms in an accurate and timely manner; Deal effectively with others in an adversary situation or with clients who are incapacitated; Work Cooperatively with co-employees and the general public; Communicate effectively both orally and in writing; Ability to perform basic mathematical calculations; Ability to learn and use computerized program systems and process actions related to client program status. Class Code: XOSA cc: LK,EB, WR, RH, LM, LF, EK Departmental Approval: Date: Human Resources Approval: Date: Union Proposal 4-Counter of February 27, 1996 Amend Section 36- Career Ladder by adding: The County shall amend the Welfare Fraud Classification as follows: 1. By reclassifying Social Service Welfare Fraud Investigators doing Early Fraud to"Social Service Welfare Fraud Field Investigators." ielfa,re 2. Fraud Field Investigators shall have the option of carrying pepper spray. 3. Social Service Welfare Fraud Investigators shall receive the same rate of pay as Social Service Welfare Fraud Field Investigators. DRAFT Revision of Section 38, presented to the Union on 2/27/96 following 3:45p.m. caucus. (Page 1 of 2) SECTION 38 - STAFFING ALLOCATIONS AND REASSIGNMENTS ' On the basis of the monthly staffing/workload distribution review, per Section 37, the Department shall initiate reassignments of staff. The following procedure shall be used: a. Internal moves within a building shall be made at the discretion of the Division Head within 5 days following publication and Union receipt of Department staff and caseload allocations. In determining moves of employees within an office, managers will solicit volunteers; if no volunteers respond, the employee with the least series seniority within the unit/area identified will be moved. b. Authorized staffing levels shall be published on a monthly basis. After any internal moves in a building have been made in accordance with step 1, further vacant authorized positions in buildings shall be alternately bid to the appropriate class in all offices for a four-day period or certed from the appropriate Eligible List. C. Employees responding to bids shall respond to the Department Personnel Unit, and must confirm any verbal response in writing; written confirmation must be received by 5:00 p.m. on the day the bid closes for the employee to be considered in determining the five (5) most senior employees in the class. d. With respect to responding to bids for the Welfare Fraud Investigator class or Welfare Fraud Field Investigator class, the bidding will be restricted to employees in one of the two above classes. d,e. If the Department is at authorized staffing and there are no responses to the posted bid notice; the least senior employee within the class, within the building-having staff overage(s) of at least one (1) FTE shall be reassigned within two weeks of the closing of the bid. If the Department is below the authorized staffing level and there are no responses to the posted bid notice, the Department will cert from the appropriate Eligible List. e-f. Authorized vacancies resulting from the bid process shall automatically be certed from an appropriate eligible list. f-g. Persons involuntarily reassigned shall be given the opportunity to return to their former building when the first vacancy occurs in the building from which the employee was involuntarily transferred providing however,if an employee voluntarily transfers after such involuntary transfer that employee shall lose such reversionary rights. Section 38 Revision (Continued) Page 2 of 2 g-h. Positions flagged as needing a language skill or special qualifications shall be identified on bids. Only employees having such skill or meeting such qualifications shall be accepted for bid interviews or for mandatory reassignments as provided in this section. h-i. Specifically funded assignments or assignments of limited duration shall not*be subject to procedures in this Section. i-j. Reassignments shall not be used as a replacement for discipline. Employees on probation or in an Improvement Needed Review status shall not be reassigned. An employee who is reassigned out-of-seniority-order shall be offered the first vacancy to be filled in the class and building from which the employee was mandatorily reassigned. At the next quarterly staffing review an employee mandatorily reassigned out-of-seniority-order shall be given first opportunity for reassignment as provided in 37.2 or 37.3 whichever is applicable; or if no staffing imbalances exist, the most senior employee shall be offered the opportunity to exchange positions provided the least senior employee is no longer on probation or Improvement Needed Review status. j-k. In each classification, series seniority for reassignment purposes shall be determined by date of hire into that series as defined below: Eligibility Series: Eligibility Worker I, Eligibility Worker II, Eligibility Work Specialist. Social Work Series: Social Program Assistant, Social Worker II, Social Worker III, Vocational Counselor (classes which have been abandoned but were a part of the Social Worker or Vocational Counselor series shall be included for the purpose of determining series seniority). Casework Specialist Series: Social Casework Assistant, Social Casework Specialist I, Social Casework Specialist II. Welfare Fraud Field Investigator Series: Social Service Welfare -Fraud Field Investigator and Social Service Senior Welfare Fraud Field Investigator. Union Proposal 9-Counter 3/5/96 Side Letter The parties agree that positions in the SS Welfare Fraud Investigator and SS Welfare Fraud Field Investigator classes shall alternately be filled from inside and from the open list. Positions filled from the inside shall be filled alternately through the bid process and the promotional list. Positions subject to bid for which no responses are received shall be filled from the promotional list.. J"si�icati r the S lfar ra Investi ors all b m nde r mov OS fining and a pric aluati a:\union-9.doc