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HomeMy WebLinkAboutMINUTES - 11191996 - C84 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: Mone ABSENT: None ABSTAIN: Supervisor Bishop and Supervisor Smith SUBJECT: Approval of Letter of Understanding with ) California Nurses Association ) Res. 96/ 513 BE IT RESOLVED that the Board of Supervisors of Contra Costa County APPROVES the Letter of Understanding between Contra Costa County and the California Nurses Association, regarding economic and other terms and conditions for 1996-99 for those classifications represented by that employee organization. ----t-hereby CST*that f s to a true and eortect Copy of an action taken and entered on the minutp o1"Vy Board of Supe nie ac H ATTESTED. and�CWdr Of the boad OL, t Orig. Dept.: Human Resources Department (Contact Kathy Ito @ 335-1785) cc: Auditor-Controller/Payroll Health Services Department County Counsel Joe Lindsey, California Nurses Association C•� ContraSE--L Human Resources , Department Costa ,, �>-• Third Floor,Administration Bldg. County �j>° 651 Pine Street G ---- Martinez,California 94553-1292 coUK November 18, 1996 Mr. Joe Lindsey, Labor Representative California Nurses Association 8393 Capwell Drive, #200 Oakland CA 94621 RE: ECONOMIC TERMS & CONDITIONS FOR THE CALIFORNIA NURSES ASSOCIATION 1995-99 MEMORANDUM OF UNDERSTANDING Dear Mr. Lindsey: This confirms agreement to submit this Side Letter outlining negotiated wage agreements and other economic terms and conditions of employment beginning January 1 , 1996 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 the California Nurses Association, 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 the California Nurses Association are expressed in the last expired MOU, subject to the terms of this Side Letter. COALITION AGREEMENTS 1 .. Wage Increases: July 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. Workers' Compensation. A permanent employee shall receive 87% of regular monthly salary for all accepted claims filed with the County on or after January 1 , 1997 as excluding those certain employees entitled to benefits as defined under the Worker's Compensation Laws of California, Labor Code Section 4850. 5. 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. 6. 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. 7. PERS Long-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). 8. Direct Deposit Administrative Fee. Effective the first of the month following Board approval of this Letter of Understanding, the one-time $5.00 direct deposit fee required for participation in the direct deposit payroll program is eliminated. 9. 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 the California Nurses Association, the option to participate in a Health Care Spending Account (HCSA) Program regulated under Section 125 of the Internal Revenue Code. 10. 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. 11 . 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. 12. No Discrimination. Change reference of"handicap" to "disability." 13. 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. 14. Salam 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. 15. Definitions - Layoff Lista Add "displacement" to definition of Layoff List. 16. Separation Through Layoff. Amend Section to add "or has transferred in lieu of layoff or displacement." 17. Traininci 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 $162.60 per quarter and $217.00 per semester. 18. 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." 19. 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. 20. Health/Dental Plan Contracts. The parties agree that all current health and dental contracts be renewed from January 1 , 1996 to December 31 , 1996. 21 . 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." 22. 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. 23. 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. 24. 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. 25. 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. 26. 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). 27. VTO. The VTO program shall remain in effect. UNIT TABLE AGREEMENTS 28. Association Security. Amend MOU Section 2, Association Security, to change the date the Association must provide a copy of its annual audit report to the County from sixty (60) days after the end of the fiscal year to sixty (60) days after the completion of its' annual audit. 29. Shift Relief. Add to Section 5.4, Shift Relief, that shift relief will also be paid on a pro-rated basis to Registered Nurse in an outpatient clinic who are "assigned responsibility' for clinic operations for four (4) or more hours during a given shift. 30. Meetinas. 1 . A Family Nurse Practitioner who attends a medical staff meeting before 8:00 AM or after 5:00 PM on a day for which he/she is otherwise scheduled to work will be compensated at the appropriate rate of pay. The Division Head for mid-level practitioners will be compensated for attending noon meetings of the Medical Executive Committee. Family Nurse Practitioners will be compensated for attendance at other noon meetings only if attendance is mandated by the Appointing Authority or designee. 2. A joint Association-Management meeting will continue to be held every other month, unless mutually agreed to meet more or less frequently, for the purpose of discussing items including communication and trust. 31. Administrative Time. Modify Section 50, Case Management Time-Family Nurse Practitioners to replace the phrase Case Management Time for Administrative Time. In the Public Health Division, FNP's will be granted Administrative Time on a pro-rata basis and will be expected to continue to cover for FNP absences as needed. 32. Permanent Part-Time/Intermittent RN's and FNP's. Amend Attachment D of the Memorandum of Understanding to provide the following window periods in which permanent part-time and intermittent RN's and FNP's may submit a request to have their position hours increased: December 1, 1996; August 1 , 1997; April 1, 1998; October 1, 1998; and April 1 , 1999. 33. Letters of Agreement. 1 . Assignment Despite Objection (ADO): The PPC committee will be provided with a copy of the draft ADO response form in order to submit any suggested additions/changes to the Director of Nursing; the department will respond to the employee within fourteen (14) days; a copy of the response shall be provided to the PPC chair. 2. Orientation: There will be a minimum of two (2) full shifts of orientation when an RN is assigned to a new unit on a permanent basis. A nurse who is being oriented will not be included in core staffing for the unit. 3. Public Service Officers (PSO): The County agrees to continue to assign PSO's to cover I Ward during evening and night shifts (2:00 PM to 6:00 AM). Such assignment will continue until the new hospital has been opened at which time the assignment of PSO's will be re-evaluated and may be amended. 34. Class Spec. The RN class spec will be reviewed to recognize Transitional Care Unit (TCU) at the Advanced Level of the Registered Nurse Deep Class. 35. Schedule Change. The work day for the RN's in Speciality Clinic will be from 8:00 AM to 5:00 PM with a one (1) hour lunch period from 12:00 PM to 1 :00 PM. DATED: NtyE K (�1 CONTRA COSTA COUNTY CALIFORNIA NURSES ASSOC Ka Vhy l t*ol Joe Lindsey Manager, Labor Relations Labor Representative CC: Leslie T. Knight, Director of Human Resources Human Resources Division - Personnel Services Units 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%. r 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: ( •d FOR COUNTY FOR COALITION fu F fi 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 If 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 II membership shall- 1. hall: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 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 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- • OA FOR THE COUNTY FOR THE EMPLOYEE/ORGANIZATIONS i 3 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: Olaf FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS 4tri kv v 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 (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-weeklj 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 pefmanent 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 TENTATIVE AGREEMENT - � DATED: Pk '/yr FOR THE COUNTY FO THE EMPLOYEE ORGANIZATIONS of Com_ I 2 LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT PROPOSAL NO. 23 Presented: 09/21/95 t 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 long 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. (i.e: coffee breaks, lunch hour). TENTATIVE AGREEMENT DATED: /U A 1(7-5- FOR SFOR THE COUNTY FOR THE EMPLOYEE ORGANf-ZATIONS &dbc Al 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 FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS ClNA- i Cc�GC. LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEM ENT PROPOSAL NO.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-1 25. Any unused balance can not be recovered by the employee. TENTATIVE AGREEMENT DATED: FOR THE COUNTY FO THE EMPLOYEE ORGANIZATIONS L -7� #nf)a4 �i2L/ LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGAWATIONS MANAGEMENT PROPOSAL NO. 21 Presented: 12/07/95 Revised: 02/01/96 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. 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 supportingrpt ajor 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. Pots will accumulate and incentiveprizes 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 as ect 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 ���� b�Y 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 FOR THE EMPLOYE ORGANIZATIOYS 1i V /J �. • LABOR COALITION - 1995 NEGOTIATIONS c._ MANAGEMENT PROPOSAL NO. 1 Presented: 07/06/95 Revised: 02/15/96 NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA) (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 disabled person solely because of such handieetp 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. (Local 512 Only) NO DISCRIMINATION There shall be no discrimination because o'f'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 disabled person solely because of such handicap disability unless that—handtt&p 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 hetndiedp 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 handieapped disabled person solely because of such handieetp 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 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. (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 hamdicapped disabled person solely because of such handieftp disability unless that handieap 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 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 i ti o f 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. r 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. (UAPO - 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 . 99(a FOR THE COUNTY FO THE EMPLOYE.E- ORGANIZATIONS �Zn r1 V 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. pply: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 11th 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 ntitled;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_ e.�y 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. 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 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 (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided however that the next step shall not exceed the maximum salary for the higher class. In the event of the 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. C 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 5.1 ]'(Amend) Appraisers' - Section 5.11 -(Amend) CNA - Section S.13 (Amend) UAPD - N/A WCE - Section 5.9 (Amend) TENTATIVE AGREEMENT DATED: THE COUNTY FOR THE EMPLOYEE ORGANIZATIQNS a� c�y LABOR COALITION - 1995 NEGOTIATIONS MANAGEMENT PROPOSAL NO. i 1 - - Presented: ,July 27, 1995 (PROPOSAL ON LAYOFF NOT APPLICABLE FOR UAPD) (512, 53SR&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, ar displacement, or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement or have transferred in lieu of layoff or displacement- TENTATIVE AGREEMENT DATED: /d ZIA q,�- FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS - �, & �� J � �•8S/ LABOR COALITION - 1995 NEGOTIATIONS MANAGEMENT PROPOSAL NO. 12 Presented: duly 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 displacemen, , 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 fists 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 �y 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 names) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacemewt, 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 stern' f that salary range the employee held on the day of layoff. TENTATIVE AGREEMENT DATED: l FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS q-, v 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 111 (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 be set at S 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 continue tty limit reimbursement for career development training to $2-00 $217.00 per semester or $-1-S$ $162.50 per quarter, not to exceed $600 $650 per year, except as otherwise provided in the supplemental sections of this MOU. Effective 711/96, 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 contintie 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 ($650) per year. Effective 7/1 /96. reimbursement under the above limits for the cost of books for career development shall be allowable. Continuing education shall continue to be administered under the Administrative Bulletin on Training and of the "5-69$" 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. Appraisers Association The County Administrative Bulletin on Training -shall govern reimbursement for training and shall eentintie-tom limit reimbursement for career development training to 5200 $217.00 per semester-or 51-50 $162.50 per quarter, not to exceed 5609 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 ($217.00) per semester or one hundred fifty dollars (Si50) 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 dollftrfF (5200) two hundred and seventeen dollars ($217:00) per semester or one hundred fifty dollars (5 1 50� one hundred sixty-two dollars and fifty cents 162. 0 per quarter, not to exceed six hum4red dollars (5690) ($650) 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 7/1 /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-hundr dollars (5600) 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: /ct& FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS 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 unchanged. TENTATIVE AGREEMENT Dated 5-29-96 This provisionshall apply to Short Term Higher Level Reassignments in deep classes. FOR THE COUNTY FO THE II MPL YEE ORGANIZATIONS ____V22 i--�------------ - = -= -- ---------- --------------------------- 1 ��- - ----- --------------------------- --------------------------- -------- --------------------- 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: 67 FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS i e✓�y` LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE QRGANIZATI NS MANAGEMENT PROPOSAL. 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 January 1 . 1996 to December 31 , 1996. TENTATIVE AGREEMENT DATED: FOR THE COUNTY FOR THE EMPLOYEE ORGANI TIONS LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO C19 Presented: November 30, 1995 MILITARY LEAVE Any employee in who is r-egt6fed 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 FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS `7 r Xe LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO C20 Presented: Decemb6r"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 atlA �, C.,py � 7 LABOR COALITION - 1995 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT COUNTER PROPOSAL TO C35 Presented: December.7, 1995 Revised: January r8, 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: J FOR THE COUNTY FO THE EMPLOYEE ORGANIZATIONS A,J#W � � T z/4/cP W'mZZ)j(-1'1C1 /tit d Az Contra �''` ' v` Human Resources -,. �; Department Costa r; COI 1 nfi/ Third Floor,Administration Bldg. U �y651 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 investigatorymeeting 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. I.f 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 disUmrt/j JUN-10-19% IS:09 CCC PERSWEL DEPT 2ND FL 510 646 4299 P.02 1995 NEGOTIATIONS - LABOR COALITION _ MANAGEMENT COUNTER TO C22 Presented: dune 10, 1996 SECTION 4 - 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: ,Z- - FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS Oibl c 77 1 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. fr. i. Accumulated paid sick leave credits. . . . . TENTATIVE AGREEMENT DATED: / 1j i FOR THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS l e-� JAN-18-191-36 16 11 CCC PERSONNEL 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.-)8, 1996 Amend Section 14.3 Policies Governing the Use of Paid Sick_Leaye 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 partoer. but this shall not exceed three working days, plus up to two days of work time for necessary travel. Use of additional accruals including sick leave when appropriate mak 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: - g- FOR THE COUNTY FbR THE EMPLOYEE ORGANIZATIONS cfr TOTAL P.0-2 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:7.q`S FO,R THE COUNTY FOR THE EMPLOYEE ORGANIZATIONS c ey, 1) Section 2 - Association Security 2.2 (E) Annually, the Association shall provide the Director of Personnel with copies of the financial report which the Association annually files with the Board Department of Labor. Such report shall be available to employees in the unit." Failure to file such a report within sixty (60) days after the end of its fiseed yea completion of its annual audit, or December 31st, whichever is later, shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed-,-etd uUpon mutual agreement, this time limit may be extended to 120 days. 1 CNA Proposal #4 . 1995 Negotiations DATE: Section 5. 4 Shift Relief An Experienced Level Registered Nurse who at the County's request relieves an Advanced Level Registered Nurse or Charge Nurse for a shift shall receive an additional ten dollars ($10. 00) per shift. Shift relief will also be paid on a pro rated basis to a Reqistered Nurse in an outpatient clinic who is 'assigned responsibility for clinic operations for 4 or more hours during a given shift. 't 9/jt,l�b SECTION 50.2 - MEETINGS AN FNP WHO ATTENDS A MEDICAL STAFF MEETING BEFORE 8:00 A.M. OR AFTER 5:00 P.M. ON A DAY FOR WHICH HE/SHE IS OTHERWISE SCHEDULED TO WORK WILL BE COMPENSATED AT THE APPROPRIATE RATE OF PAY. THE DIVISION HEAD FOR MID- LEVEL PRACTITIONERS WILL BE COMPENSATED FOR A17FNDINGEE017 THE MEDICAL XECUTIVECOMMITTEE. NC AlfNET IL C E L T P A I sr:mk:m.s�M cqnf� If Cd4_,<, CoA _ q (49L f� COUNTY COUNTER PROPOSAL CNA PROPOSAL #20-4 AUGUST 21, 1996 MODIFY SECTION 35A TO READ: A. There shall be a joint Association-Management meeting every other month unless mutually waived or unless mutually agreed to meet more frequently. Release time or appropriate overtime or paid straight time will be provided for three (3)Association representatives: the Chief Nurse Representative. the Outpatient Nurse Representative and the FNP Nurse Representative, or their designees. Management may also have three (3) representatives: the Director. of Hospital Nursing, the director of Ambulatory Care Nursing and the Health Services Department Personnel Officer, or their designees., one of whom shall be the Associate Exeeuteve Direeter of Patient Gare Both parties may agenda items in advance of the meeting and management shall provide reasonable information which is not confidential nor legally protected with at minimum of two weeks advance notice. Other people may be invited to attend such meetings if mutually agreed upon in advance. Among issues for discussion shall be items related to communication and trust. 2i��� 4 -�� CONTRA COSTA COUNTY 8/30/96 COUNTER PROPOSAL TO CNA PROPOSAL #18 SECTION 50 - CASE MANA49EAIENT FAMILY NURSE PRACTITIONERS SECTION 50.1 - ADMINISTRATIVE TIME A. All Family Nurse Practitioners (FNPs) in the Hospital & Clinics Division will be granted four hours per week of ease management ADMINISTRATIVE time as part of the regular schedule. ADMINISTRATIVE time will not be prorated for part time FNPs. Fifty percent (50%) of the ADMINISTRATIVE time per month for each FNP will be "at risk" to fill in primarily for FNPs for scheduled and/or unscheduled absences and/or for any absences for urgent care, small clinics with two (2) or fewer providers, the detention facilities or other clinics at the discretion of the APPOINTING AUTHORITY or designee. The "at Risk" time will be so designated on the schedule. IN THE PUBLIC HEALTH DIVISION, FNP'S WILL BE GRANTED ADMINISTRATIVE TIME ON A PRO RATA BASIS AND WILL BE EXPECTED TO CONTINUE TO COVER FOR FNP ABSENCES AS NEEDED. B. The regular schedule for each FNP may include one four (4) hour evening clinic per week and one weekend assignment every eight weeks, consisting of four (4) to eight (8) hours. FNPs with twenty (20) years of service may volunteer to be included in weekend assignments. However, in the event there are insufficient FNP) staff to cover weekend assignments, the provisions outlined above regarding one weekend assignments in eight (8) weeks may be temporarily waived. In lieu of overtime and shift differential, any hours worked IN HOSPITAL AND CLINIC DIVISION ASSIGNMENTS in excess of eight (8) hours per day or forty (40) hours per week will be paid at the straight-time overtime rate (1.05). All evening and weekend assignments IN THE HOSPITAL AND CLINICS DIVISION will be paid an additional $9.00 per hour. FNPs assigned to work on a holiday will not be paid the $9.00 per hour evening/weekend differential, but instead receive time and one-half holiday pay. SP:mlccna.sect50 t CNA PROPOSAL TO CONTRA COSTA COUNTY CNA Proposals #16 & 17 CNA will withdraw its proposals #16 and #17 provided that Attachment D of the 1994-1995 MOU is updated to provide window periods beginning July 1, 1996 (or the ratiflaction date of the new MOU, whichever is later), January 1, 1997, July 1, 1997 and January 1, 1998. COW August 21, 1996 Joe Lindsey, Labor Representative California Nurses Association 393 Capwell Drive #200 Oakland, CA 94621 RE: AGREEMENTS REACHED DURING 1995/96 NEGOTIATIONS This letter will confirm our agreement reached during 1995/96 Negotiations regarding CNA Proposal 19 - Patient Care: Part 2: Assignment Despite Objection (TA July 1, 1996) A. The PPC committee will be provided a copy of the draft ADO response form in order to submit any suggested additions/changes to the Director of Nursing. B. The department will respond to an employee within 14 days of filing an ADO. C. A copy of the response shall be provided to the PPC chair. Part 1: Orientation (TA July 30, 1996) There will be a minimum of two (2) full shifts of orientation with a designated preceptor when a nurse is assigned to a new unit on a permanent basis. A nurse who is being oriented will not be included in core staffing for the unit. If this conforms to your understanding, please indicate your agreement by signing in the space provided below. Sincerely, Roger Wong, Health Services Personnel Officer Confirmed: Joe Lindsey, Labor Representative, CNA a:sdltr-cna.wpd August 21, 1996 Joe Lindsey, Labor Representative California Nurses Association 393 Capwell Drive #200 Oakland, CA 94621 RE: Agreement between Contra Costa County and California Nurses Association During the course of negotiations for a successor agreement to the parties' 1994-1995 MOU, the issue of employee safety on I Ward was raised by CNA. As part of the discussion, the County indicated it will assign a Public Safety Officer (PSO) to cover I Ward during the evening and night shifts (2:00 pm to 6:30am) seven days per week. Such assignment was made July 29, 1996 and will continue until the new hospital has been opened. The County also indicated that when the new hospital facility has been constructed, the assignment of PSO's may need to be amended, depending on layout and structural conditions in the new facility. At such time as Hospital Administration has assessed its' needs for PSO coverage in the new facility, CNA will be notified. If requested, the County will meet with CNA to discuss safety concerns. If the foregoing is in conformance with your understanding, please indicate your agreement by signing in the space provided below. Sincerely, Roger Wong, Health Services Personnel Officer - Confirmed: Joe Lindsey, California Nurses Association a:sdltr2-cna.wpd