HomeMy WebLinkAboutMINUTES - 12161997 - C45ABCD THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
Subject:
Approval of the 1995-1999 Memorandum of )
Understanding with the Appraiser's Association
Resolution No. 97/ 674
The'Contra Costa Board of Supervisors RESOLVES THAT:
1 . On November 19, 1996 the Labor Relations Manager submitted a letter of Understanding
dated November 14, 1996 which reflected negotiated agreements reached between the
parties on terms and conditions of employment affecting employees represented by the
Appraiser's Association.
2. The Memorandum of Understanding with the Appraiser's Association incorporating the
agreed-upon terms and conditions mentioned above is attached.
3. This Board having considered said Memorandum of Understanding, the same is approved.
4. If an Ordinance(s) is required to implement any of the foregoing provisions, the Board of
Supervisors will adopt said Ordinance(s).
5. This Resolution is effective as of October 1, 1995.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN..
ATTESTED 0 44O 11V7
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
By Deputy
Orig Dept: Human Resources Department (Kathy Ito at 5-1785)
cc: Labor Relations Unit
Human Resources Department Staff
Auditor-Controller's Office
Appraiser's Association
f !
445
CONTRA COSTA COUNTY APPRAISERS'
ASSOCIATION
TABLE OF CONTENTS
DEFINITIONS........................................................ ............2
SECTION 1 ASSOCIATION RECOGNITION ...................5
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction..................................................5
2.2 .Agency Shop ......................................................6
2.3 Maintenance of Membership ............................ 10
2.4 Withdrawal of Membership............................... 11
2.5 Communicating With Employees ..................... 11
2.6 Use of,County Buildings ................................... 12
2.7 Advance Notice ................................................ 13
2.8 Written Statement for New Employees ............ 14
2.9 List of Employees With Dues Deductions ........ 14
2. 10 Assignment of Classes to Bargaining Units ..... 15
SECTION 3 NO DISCRIMINATION ............................... 16
SECTION 4 SHOP STEWARDS & OFFICIAL
REPRESENTATIVES
4.1 Attendance at Meetings ................................... 17
4.2 Association Representatives ............................ 18
SECTION 5 SALARIES
5. 1 General Wage Increases ............................... 18
5.2 New Pay Equity Master Agreement ................. 19
5.3 Entrance Salary................................................22
5.4 Certification Rule ..............................................22
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5.5 Anniversary Dates ............................................23
5.6 Increments. Within Range ......:..........................25
5.7 Part-Time Compensation .................................26
5.8 Compensation for Portion of Month .................26
5.9 Position Reclassification...................................26
5.10 Salary Reallocation & Salary on Reallocation ..27
5.11 Salary on Promotion.........................................29
5.12 Salary on Appointment From Layoff List ..........30
5.13 Salary on Involuntary Demotion .......................30
5.14 Salary on Voluntary Demotion .........................31
5.15 Transfer............................................................31
5.16 Pay for Work in Higher Classification ...............32
5.17 Payment ...........................................................34
5.18 Pay Warrant Errors ..........................................35
SECTION 6 DAYS & HOURS OF WORK ......................36
SECTION7 OVERTIME & COMPENSATORY TIME
7.1 Overtime...........................................................37
7.2 Compensatory Time.........................................37
7.3 FLSA Provisions...............................................41
SECTION 8 CALL BACK TIME ............. ......................41
SECTION 9 ON-CALL DUTY .........................................41
_SECTION 10 DIFFERENTIALS
10.1 Shift Differential ................................................42
10.2 Standards Division Differential .........................43
SECTION 11 Seniority, Workforce Reduction, Layoff &
Reassignment
11 .1 Workforce Reduction........................................44
11 .2 Separation Through Layoff...............................46
11 .3 Notice .........:.:.:...........: .:.................................53
11 .4 Special Employment Lists ................................53
11 .5 Reassignment of Laid Off Employees ..............53
11 .6 Further Study ...................................................54
SECTION 12 HOLIDAYS
12.1 Holidays Observed ...........................................54
12.2 Application of Holiday Credit ............................55
12.3 Permanent Part-Time Employees ...................56
12.4 4/10 Shift Holidays ...........................................57
12.5 9/80 Shift Holidays ...........................................57
12.6 Accrual of Holiday Time ...................................58
SECTION 13 VACATION
13.1 Vacation Allowance ..........................................59
13.2 Vacation Leave on Reemployment From a
LayoffList.........................................................60
13.3 Vacation Accrual Rates ....................................60
13.4 Bridged Service Time ....... .............................61
13.5 Accrual During Leave Without Pay ..................61
13.6 Vacation Allowance for Separated Employees 61
13.7 Preference........................................................61
SECTION 14 SICK LEAVE
14.1 . Purpose of Sick Leave .....................................62
14.2 Credits To and Charges Against Sick Leave ...62
14.3 Policies Governing Use of Paid Sick Leave .....63
14.4 Administration of Sick Leave ............................68
14:5 Disability ...........................................................71
14.6 Workers' Compensation ...................................73
14.7 Rehabilitation Program ......:..............................77
14.8 Accrual During Leave Without Pay ..................77
14.9 Disability Insurance Review Committee ...........77
14. 10 Confidentiality of Information/Records .............77
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design ...............................................78
15.2 Operation .........................................................78
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay . ........................................81
16.2 General Administration-Leaves of Absence .....81
16.3 Furlough Days Without Pat ..............................83
16.4 Military Leave ...................................................84
16.5 Family Care Leave or Medical Leave...............85
16.6 Certification ......................................................86
16.7 Intermittent Use of Leave .................................86
1,6.8 Aggregate Use for Spouses .............................86
16.9 Definitions.........................................................87
16.10 Pregnancy Disability Leave ..............................90
16.11 Group Health Plan Coverage ...........................90
16.12 Leave Without Pay - Use of Accruals...............90
16.13 Leave of Absence Replacement and
Reinstatement ..................................................92
16.14 Reinstatement from Family Care Medical
Leave ...............................................................92
16.15 Salary Review While on Leave of Absence .....93
16.16 Unauthorized Absence .....................................93
16.17 Non-Exclusivity.................................................94
SECTION 17 JURY DUTY AND WITNESS DUTY.............9
SECTION 18 HEALTH AND WELFARE I.-FE AND
DENTAL CARE
18.1 County Programs .............................................96
18.2 Rate Information...............................................97
18.3 Medicare Rates ................................................97
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18.4 Partial Month ...................................................
18.5 Coverage During Absences .............................98
18.6 Retirement Coverage .......................................99
18.7 ual Coverage ....................................................99
18.8 Child Care ...................................................... 100
18.9 Health Care Spending Account...................... 100
18.10 PERS Long Term Care .................................. 101
18.11 Deferred Retirement....................................... 101
SECTION 19 PROBATIONARY PERIOD
19.1 Duration .......................................................... 103
19.2 Classes With Probation Periods Over Six
Months ........................................................... 103
19.3 Revised Probationary Period ......................... 104
19.4 Criteria............................................................ 104
19.5 Rejection During Probation ............................ 104
19.6 Regular Appointment ..................................... 106
19.7 Layoff During Probation ................................. 107
19.8 Rejection During Probation of Layoff
employee........................................................ 108
SECTION 20 PROMOTION
20.1 Competitive Exam .......................................... 108
20.2 Promotion Policy ............................................ 108
20.3 Open Exam .................................................... 109
20.4 Promotion Via Reclassification Without
Examination ......................................:............ 109
20.5 Requirements for Promotional Standing ........ 110
20.6 Seniority Credits ............................................. 110
20.7 Physical Examination .............. .................... 111
_SECTION 21 TRANSFER
21 .1 Conditions ...................................................... 111
21 .2 Procedures ..................................................... 112
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SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing ....................... 113
22.2 Constructive Resignation ............................... 113
22.3 Effective Resignation ..................................... 113
22.4 Revocation ..................................................... 113
22.5 Coerced Resignations .................................... 114
SECTION 23 DISMISSAL, SUSPENSION DEMOTION
& REDUCTION IN SALARY
23.1 Cause for Disciplinary Action ......................... 115
23.2 Skelly Requirements ...................................... 117
23.3 Employee Response ...................................... 118
23.4 Leave Pending Employee Response ............. 118
23.5 Length of Suspension .................................... 119
23.6 Procedure on Disciplinary Action ................... 119
23.7 Employee Representation Rights......... ........ 120
_SECTION 24 GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps..................... 120
24.2 Scope of Adjustment Board and Arbitration
Decisions........................................................ 123
24.3 Time Limits ..................................................... 124
24.4 Association Notification .................................. 125
24.5 Compensation Complaints ............................. 125
24.6 Strike/Work Stoppage .................................... 126
24.7 Merit Board ..................................................... 126
24.8 Filing by Association....................................... 127
SECTION 24 RETIREMENT
25.1 Contribution .................................................... 127
25.2 Tier III ............................................................. 127
SECTION 25 TRAINING REIMBURSEMENT ................ 132
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SECTION 26 MILEAGE .................................................. 133
SECTION 27 PERSONNEL FILES.................................. 133
SECTION 28 REIMBURSEMENT FOR MEAL
EXPENSES.......................I............ .......... 134
SECTION 29 FLEX-TIME .... ......................................... 135
SECTION 30 PROVISIONAL APPOINTMENT .............. 136
SECTION 31 UNFAIR LABOR PRACTICE ................... 138
SECTION 32 LENGTH OF SERVICE DEFINITION ....... 138
SECTION 33 PERMANENT PART-TIME EMPLOYEE
BENEFITS................................................. 138
SECTION 34 PERSONAL PROPERTY
REIMBURSEMENT................................... 139
SECTION 35 PERMANENT-INTERMITTENT
EMPLOYEE BENEFITS............................ 140
SECTION 36 PERMANENT-INTERMITTENT
EMPLOYEE HEALTH PLAN .................... 140
SECTION 37 PROVISIONAL EMPLOYEE BENEFITS . 141
SECTION 38 EDUCATIONAL INCENTIVE .................... 142
SECTION 39 SPECIAL STUDIES .................................. 142
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SECTION 40 ADOPTION ............................................... 146
SECTION-41 SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
41 . 1 Scope of Agreement ...................................... 146
41 .2 Separability of Provisions ............................... 147
41 .3 Personnel Management Regulations ............. 147
41 .4 Duration of Agreement ................................... 147
SECTION 42 PAST PRACTICES & EXISTING MOWS. 148
Attachments
Salary Chart
Exhibits
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION
This Memorandum of Understanding is entered into
pursuant to the authority contained in Division 34 of
the Contra Costa County Board of Supervisors'
Resolution 81/1165 and has been jointly prepared by
the parties. ,
The Employee Relations Officer (County
Administrator) is the representative of Contra Costa
County in employer-employee relations matters as
provided in Board Resolution 81/1165.
The parties have met and conferred in good faith
regarding wages, hours , and other terms and
conditions of employment for the employees in units
in which the Association is the recognized
representative, have freely exchanged information,
opinions and proposals and have endeavored to
reach agreement on all matters relating to the
employment conditions and employer-employee
relations covering such employees.
This Memorandum of Understanding shall be
presented to the Contra Costa County Board of
Supervisors as the. joint recommendations of the
undersigned for salary and employee benefit
adjustments for the period commencing October 1 ,
1995 and ending September 30, 1999
Appraisers Association -1- 1995 - 1999 mou
DEFINITIONS:
Appointing Authority: Department Head unless
otherwise provided by statute or ordinance.
Association: Contra Costa County Appraisers'
Association.
Mass: A group of positions sufficiently similar with
respect to the duties and responsibilities that similar
selection procedures and qualifications may apply and
that the same descriptive title may be used to
designate each position allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to
another position in a class allocated to a salary range
for which the top step is lower than the top step of the
class which the employee formerly occupied except
as provided for under "Transfer" or as otherwise
provided for in this MOU, in the Personnel
Management Regulations, or in specific resolutions
governing deep classifications.
Director of Human Resources: The person
designated by the County Administrator to serve as
the Assistant County Administrator-Director of Human
Appraisers Association -2- 1995 - 1999 MOU
Resources.
Eii i i Any person whose name is on an
employment or reemployment or layoff list for a given
classification.
Employee: A person who is an incumbent of a
position or who is on leave of absence in accordance
with provisions of this MOU and whose position is
held pending his/her return.
Employment- List: A list of persons, who have been
found qualified for employment in a specific class.
Layoff List: A list of persons who have occupied
positions allocated to a class in the Merit System and
who have been involuntarily separated by layoff or
displacement, or demoted by displacement, or have
voluntarily demoted in lieu of layoff or displacement or
have transferred in lieu of layoff or displacement.
Permanent-intermittent Position: Any position
which requires the services of an incumbent for an
indefinite period but on an intermittent basis, as
needed, paid on an hourly basis.
Permanent Part-Time Position: Any position which
will require the services of an incumbent for an
indefinite period but on a regularly scheduled less
than full time basis.
Permanent Position: Any position which has
required, or which will require the services of an
Appraisers Association -3- 1995 - 1999 MOU
incumbent without interruption, for an indefinite
period.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range
for which the top step is higher than the top step of
the class which the employee formerly occupied,
except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel
Management Regulations, or in specific resolutions
governing deep classes.
Position: The assigned duties and responsibilities
calling for the regular full time, part-time or intermittent
employment of a person.
Reallocation: The act of reassigning an individual
position from one class to another class at the same
range of the salary schedule or to a class which is
allocated to another range that is within five (5)
percent of the top step, except as otherwise provided
for in the Personnel Management Regulations, deep
class resolutions or other ordinances.
Reclassification: The act of changing the allocation
of a position by raising it to a higher class or reducing
it to a lower class on, the basis of significant changes
in the kind, difficulty or responsibility of duties
performed in such position.
Reemployment List: A list of persons, who have
occupied positions allocated to any class in the merit
system and, who have voluntarily separated and are
Appraisers Association -4- 1995 - 1999 MOU
t
qualified for consideration�for reappointment under the
Personnel Management Regulations governing
reemployment.
Resignation: The voluntary termination of permanent
service with the County from a position in the merit
system.
Temporary Em I�ovrnent: Any employment in the
merit system which will require the services of an
incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in
permanent status.
Transfer: The change of an employee who has
permanent status in a position to another position in
the same class in` a different department, or to another
position in a class which is allocated to a range on the
salary plan that is within five (5) percent at top step as
the class previously occupied by the employee.
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee
organization for the Property Appraisers' Unit, and
such organization has been certified as such pursuant
to Chapter 34-12 of Board Resolution 81/1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26
Appraisers Association -5- 1995 - 1999 MOU
of Board Resolution 81/1165, only a majority
representative may have dues deduction and as such
the Association has the exclusive. privilege of dues
deduction for all members in its units.
2.2 Agency Shop.
A. The Association agrees that it has a duty
to provide fair and non-discriminatory
representation to all employees in all
classes in the units for which this section is
applicable regardless of whether they are
members of the Association.
B. All , employees employed in a
representation unit on or after the effective
date of this MOU and continuing until the
termination of the MOU, shall as a
condition of employment either:
1 . Become and remain a member of the
Association or;
2. pay to the Association, an agency
shop fee in an amount which does not
exceed an amount which may be
lawfully collected under applicable ,
constitutional, statutory, and case law,
which under no circumstances shall
exceed the monthly dues, initiation
fees and general assessments made
during the duration of this
Memorandum of Understanding. It
Appraisers Association -6- 1995 - 1999 MOU
shall be-.the sole responsibility of the
Association to, determine an agency
shop fee which meets the above
criteria; or
3. do both of the following:
a. Execute a written declaration that
the employee is a member of a
bona fide religion, body or sect
which has historically held a
conscientious objection to joining
or financially supporting any public
employee organization as a
condition of employment; and
b. pay a sum equal to the agency
shop fee described in Section
2.2.8.2 to a non-religious, , non-
labor, charitable fund chosen by
the employee from the following
charities: Family and Children's
Trust Fund, Child Abuse
Prevention Council and Battered
Women's Alternative.
C. The Association shall provide the County
with a copy of the Association's Hudson
Procedure for the determination and
protest of its agency shop fees. The
Association shall provide a copy of said
Hudson Procedure to every fee payer
covered by this MOU within one month
Appraisers Association -7- 1995 - 1999 MOU
from the date it is approved and annually
thereafter, and as a condition to any
change in the agency shop fee. Failure by
fee payor to invoke the Association's
Hudson Procedure within one month after
actual notice of the Hudson Procedure
shall be a waiver by the employee of their
right to contest the amount of the agency
shop fee.
D. The provisions of Section 2.2.6.2 shall not
apply during periods that an employee is
separated from the representation unit but
shall be reinstated upon the return of the
employee to the representation unit. The
term separation includes transfer out of the
unit, layoff, and leave of absence with a
duration of more than thirty (30) days.
E. Annually, the Association shall file with the
Director of Human Resources a financial
statement which shall include an accurate
balance sheet and annual income
statement. Such report shall be available
to employees in the unit. Failure to file
such a report within sixty (60) days after
die end of its calendar year shall result
the termination of all agency shop fee
deductions without jeopardy to any
employee, until said report is filed.
Appraisers Association -8- 1995 - 1999 MOU
F. Com liance. a �,
1 . An employee employed in or hired
into a job class represented by the
Association shall be provided with an
"Employee Authorization for Payroll
Deduction" form by the Human
Resources Department.
2. If the form authorizing payroll
deduction is not returned within thirty
(30) calendar days after notice of this
agency shop fee provision and the
association dues, agency shop fee,
initiation fee or charitable contribution
required under Section 2.2.13.3 are not
received - and the employee has not
timely invoked the Association's
Hudson Procedure, or if invoked, the
employee's Hudson Procedure rights
have been exhausted - the
Association may, in writing, direct that
the County withhold the agency shop
fee and the initiation fee from the
employee's salary, in which case the
employee's monthly salary shall be
reduced by an amount equal to the
agency shop fee and the County shall
pay an equal amount to the
Association.
G. The Association shall indemnify, defend,
and save the County harmless against any
Appraisers Association -9- 1995 - 1999 MOU
and all claims, demands, suits, orders, or
judgments, or other forms of liability that
arise out of or by reason of this Asso-
ciation Security Section, or action taken or
not taken by the County under this
Section. This includes, but is not limited
to, the County's Attorneys' fees and costs.
The provisions of this subsection shall not
be subject to the grievance procedure.
H. The County Human Resources
Department shall monthly furnish a list of
all new hires to the Association.
I. In the event that employees in a
bargaining unit represented by the
Association vote to rescind Agency Shop,
the provisions of Sections 2.3 and 2.4 shall
apply to ' dues-paying members of the
Association.
2.3 Maintenance of Membership. All employees
in units represented by the Association who are
currently paying dues to the Association and all
employees in such units who hereafter become
members of the Association shall as a condition of
continued employment pay dues to the Association for
the duration of this MOU and each year thereafter so
long as the Association continues to represent the
position to which the employee is assigned, unless
the employee has exercised the option to cease
paying dues in accordance with Section 2.4.
Appraisers Association -10- 1995 - 1999 MOU
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2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between
August 1 and August 31 , 1999, any employee may
withdraw from Association membership and
discontinue paying dues as of the payroll period
commencing September 1 , 1999, discontinuance of
dues payments to then be reflected in the October 10,
1999 paycheck. Immediately upon the close of the
above-mentioned thirty (30) day period, the Auditor-
Controller shall submit to the Association a list of the
employees who have rescinded their authorization for
dues deduction.
2.5 Communicating With Employees. The
Association shall be allowed to use designated
portions of bulletin boards or display areas in offices
in which there are employees represented by the
Association, provided the communications displayed
have to do with official organization business such as
times and places of meetings and further provided
that the employee organization appropriately posts
and removes the information. The Department Head
reserves the right to remove objectionable materials
after notification to and discussion with the
Association.
Representatives of the Association, not on County
time, shall be permitted to place a supply of employee
literature at specific locations in County buildings if
arranged through the Department Head or designated
representative; said representatives may distribute
employee organization literature in work areas (except
work areas not open to the public) if the nature of the
Appraisers Association -11- 1995 - 1999 MOU
literature and the proposed method of distribution are
compatible with the work environment and work in
progress. Such placement and/or distribution shall
not be performed by on-duty employees.
The Association shall be allowed access to work
locations in which it represents employees for the
following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature
as indicated above;
D. to represent an employee on a grievance,
and/or to contact an Association officer on a
matter within the scope of representation.
In the application. of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the
above purposes is the reason for the visit, will be
made with the departmental representative in charge
of the work area, and the visit will not interfere with
County services.
2.6 Use of County Buildings. The Association
shall be allowed the use of areas normally used for
meeting purposes for meetings of County employees
during non-work hours when:
Appraisers Association -12- 1995 - 1999 MOU
A. Such space is available and its use by the
Association is scheduled twenty-four (24) hours
in advance;
B. there is no additional cost to the County;
C. it does not interfere with normal County
operations;
D. employees in attendance are not on duty and
are not scheduled for duty;
E. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space
shall establish and maintain scheduling of such uses.
The Association shall maintain proper order at the
meeting, and see that the space is left in a clean and
orderly condition.
The use of County equipment (other than items
normally used in the conduct of business meetings,
such as desks, chairs, ashtrays, and blackboards) is
strictly prohibited, even though it may be present in
the meeting area.
2.7 Advance Notice. The Association shall, except
in cases of emergency, have the right to reasonable
notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of
representation proposed to be adopted by the Board,
Appraisers Association -13- 1995 - 1999 MOU
or boards and commissions designated by the Board,
and to meet with the body considering the matter.
The listing of an item on a public agenda or the
mailing of a copy of a proposal at least seventy-two
(72) hours before the item will be heard, or the
delivery of a copy of the proposal at least twenty-four
(24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board, or boards
and commissions designated by the Board,
determines it must act immediately without such
notice or meeting, it shall give notice and opportunity
to meet as soon as practical after its action.
2.8 Written Statement for New Employees.ees. The
County will provide a written statement to each new
employee hired into a classification in any of the
bargaining units represented by the Association, that
the employee's classification is represented by the
Association and the name of a representative of the
Association. The County will provide the employee
with a packet of information which has been supplied
by the Association and approved by the County.
2.9 List of Employees with Dues Deduction.
The County shall provide the Association with a
monthly list of employees who are paying dues to the
Association.
Appraisers Association -14- 1995 - 1999 MOU
2.10 Assignment of Classes to Bargaining Units.
The County shall assign new classes in accordance
with the following procedure:
A. Initial Determination. When a new class title is
established, the Labor Relations Manager shall
review the composition of existing
representation units to determine the
appropriateness of including some or all of the
employees in the new Class in one or more
existing representation units, and within a
reasonable period of time, shall notify all recog-
nized employee organizations of his
determination.
B. Final Determination. His/her determination is
final unless, within ten (10) days after
notification, a recognized employee
organization requests in writing to meet and
confer thereon.
C. Meet and Confer and Other Steps. He/she
shall meet and confer with such requesting
organizations (and with other recognized
employee organizations where appropriate) to
seek agreement on this matter within sixty (60)
days after the ten-day period in ' absection B,
unless otherwise mutually agreed. Thereafter,
the procedures in cases of agreement and
disagreement, arbitration referral and
expenses, and criteria for determination shall
conform to those in Subsections (d) through (i)
of Section 34-12.008 of Board Resolution
Appraisers Association -15- 1995 - 1999 MOu
81/1165.
SECTION 3 - NO DISCRIMINATION
A. Criteria. There shall be no discrimination
because of sex, 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 disabled
person solely because of such disability unless that
disability prevents the person from meeting the
minimum standards established for the position or
from carrying out the duties of the position safely or in
a manner that does not endanger the health of such
person.
B. Americans With Disabilities Act (ADA). The
County and the Association 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
Association will be advised of any such proposed
accommodation. Upon request, the County will meet
and confer with the Association on the impact of such
accommodation. If the County and the Association do
not reach agreement, the County may implement the
Appraisers Association 1 -16- 1995 - 1999 MOU
accommodation, if required by law, without further
negotiations. Nothing in the MOU shall preclude the
County from taking actions necessary to comply with
the requirements of the ADA.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings.. Employees
designated as official representatives of the
Association shall be allowed to attend meetings held
by County agencies during regular working hours on
County time as follows:
A. If their attendance is required by the County at
a specific meeting;
B. If their attendance is sought by a hearing body
or presentation of testimony or other reasons;
C. If their attendance is required for meetings,
scheduled at reasonable times agreeable to all
parties, required for settlement of grievances
filed pursuant to Section 24 (Grievance
Procedure) of this Memorandum;
D. If they are designated as an official
representative, in which case they may utilize
a reasonable time at each level of the
proceedings to assist an employee to present a
grievance, provided the meetings are
scheduled at reasonable times agreeable to all
parties;
E. If they are designated as spokesperson or
Appraisers Association -17- 1995 - 1999 MOU
representative of the Association and as such
make representations or presentations at
meetings or hearings on wages, salaries and
working conditions, provided in each case
advance arrangements for time away from the
employee's work station or assignment are
made with the appropriate Department Head,
and the County agency calling the meeting is
responsible for determining that the attendance
of the particular employee(s) is required.
4.2 Association Representative. Official
representatives of the Association shall be allowed
time off on County time for meetings during regular
working hours when formally meeting and conferring
in good faith or consulting with the Labor Relations
Manager or other management representatives on
matters within the scope of representation, provided
that the number of such representatives shall not
exceed two (2) without prior approval of the Labor
Relations Manager, and that advance arrangements
for the time away from the work station or assignment
are made with the appropriate Department Head.
SECTION 5 - SALARIES
5.1 General Wage Increases.
z
A. Employees represented by the Appraisers
Association, shall receive the following wage
adjustments:
Appraisers Association -18- 1995 - 1999 MOU
Effective 07/01/96 ,30 levels (3.0439%)
Effective 10/01/97 20 levels (2.0191 %) plus Tier
III of 30 levels (3.0439%)
Effective 10/01/98 35 levels (3.5602%)
The following special adjustments shall be made:
January 1 , 1997 Asst. Appraiser 1 .0% (10 levels)
January 1 , 1998 Asst. Appraiser 1 .0% (10 levels)
January 1 , 1998 Assc. Appraiser 1 .0% (10 levels)
5.2 New Pay Equity Master Agreement. ,The
County and the below listed Employee Organizations
which participated in the Pay Equity Study jointly
agree to provisions in this new Pay Equity Master
Agreement executed in May 1995.
In executing this agreement, both the County and the
participating Employee Organizations (CCCEA Local
One, AFSCME Locals 2700 and 512, SEIU 535,
California Nurses Association, Western Council of
Engineers and the Appraisers' Association) state their
intent that (1 ) the provisions of the Pay Equity Master
Agreement contained herein shall stand separate
from other terms and conditions of employment which
may be negotiated and adopted in the MOU between
the County and the individual participating Employee
Organizations, and that (2) provisions of the Pay
Equity Master Agreement will remain in place as the
basis under which all represented pay equity classes
will be granted adjustments until all remaining classes
Appraisers Association -19- 1995 - 1999 mou
reach the trend line or until such time as the parties
mutually agree to modify or terminate this agreement.
This agreement shall be presented to the Contra
Costa County Board of Supervisors as the joint
recommendation of the undersigned.
1 . Scope of Agreement. The County and the
participating Employee Organizations agree that
provisions contained herein will fully supersede
and replace the February 1993 Supplemental
MOU on Pay Equity.
2. Adoption of Fixed Payout Formula. The County
and the participating Employee Organizations
agree to adopt a pay equity fixed payout formula
described below in 3. Which will remain in effect
until all pay equity classes are adjusted to the
trend line, or until such time as the parties
mutually agree to modify or terminate this
agreement.
3. Operation of Formula. The equity fixed payout
formula shall be computed as follows: The
annual value of the general salary increase for all
classifications represented only by the
participating Empyee Organizations (CCCEA
Local One, AFSCME Locals 2700 and 512, SEIU
Local 535, California Nurses Association,
Western Council of Engineers and the
Appraisers' Association) and Management and
Unrepresented employees, shall be totaled and
multiplied by a factor of twenty percent (20%).
Appraisers Association -20- 1995 - 1999 MOU
The fixed amount of money derived from this
calculation shall constitute the total pay equity
increase for all classes below the trend line
represented by the participating Employee
Organizations and for all Management and
Unrepresented classes below the trend line.
The manner in which the pay equity increase will
be distributed to all represented classes below
the trend line shall be determined by the
participating Employee Organizations who shall
consider only (1 ) whether classes farthest from
the trend line shall receive a greater percentage
adjustment than classes closer to the trend line,
and (2) at what percentage distance below the
trend Line to apply any differing percentage
adjustment.
If upon review, the County finds that the manner
in which the Employee Organizations have
structured the distribution is unacceptable, the
County and the Employee Organizations shall
meet and confer.
4. Effective Dates. The County agrees that any
pay equity increases will be effective ninety (90)
days from the effective date of any general salary
increases.
5. Indemnification. Each participating union will
promise not to bring or support comparable worth
or pay equity litigation against Contra Costa
County or any agent, servant, officer, or
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employee of Contra Costa County and further
promise that in the event litigation advancing
comparable worth or pay equity claims is brought
against the County or any of its agents, servants,
officers, or employees, within five (5) years from
the effective date of this agreement by any
person(s) employed or formerly employed in a
class(es) represented by the participating unions,
the union(s) representing such class(es) shall
each pay up to five thousand dollars ($5000) of
the County's attorney fees and costs; provided
that the union is not named as a co-defendant in
such litigation.
5.3 Entrance SaIM. New employees shall
generally be appointed at the minimum step of the
salary range established for the particular class of
position to which the appointment is made. However,
the appointing authority may fill a particular position at
a step above the minimum of the range.
5.4 Certification Rule.
A. O 'en Employment List. On each request for
personnel from an open employment list, ten
(10) names shall be certified. If more than one
position is to be filled in any class in a
department at the same time from the same
request for personnel, the number of names to
be certified from an open employment list shall
be equal to the number of positions to be filled
plus nine (9).
Appraisers Association -22- 1995 - 1999 MOU
B. Promotional Employment List. On each
request for personnel from a promotional
employment list, five (5) names shall be
certified. If more than one position is to be
filled in any class in a department at the same
time from the same request for personnel, the
number of names to be certified from a
promotional employment list shall be equal to
the number of positions to be filled plus four
(4)•
5.5 Anniversary Dates. Except as may otherwise
be provided for in deep class resolutions, anniversary
dates will be set as follows:
A. New Employees. The anniversary date of a
new employee is the first day of -the calendar
month after the calendar month when the
employee successfully completes six (6)
months service provided however, if an
employee began work on the first regularly
scheduled workday of the month the
anniversary date is the first day of the calendar
month when the employee successfully
completes six (6) months service.
F. Promotions. The anniversary date of a
promoted employee is determined as for a new
employee in Subsection 5.5.A. above.
C. Demotions. The anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion
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was effective.
D. Transfer Reallocation and Reclassification.
The anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified to
a class allocated to the same salary range or to
a salary range which is within five (5) percent
of the top step of the previous classification,
remains unchanged.
E. Ree= lloovm� ents. The anniversary of an
employee appointed from a reemployment list
to the first step of the applicable salary range
and not required to serve a probation period is
determined in the same way as the anniversary
date is determined for a new employee who is
appointed the same date, classification and
step and who then successfully completes the
required probationary period.
F. Notwithstanding other provisions of this Section
5, the anniversary of an employee who is
appointed to a classified position from outside
the County's merit system at a rate above the
minimum salary for the employee's new class,
or who is transferred from another
governmental entity to this County's merit
system, is one (1 ) year from the first year of the
calendar month after the calendar month when
the employee was appointed or transferred;
provided, however, when the appointment or
transfer is effective on the employee's first
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regularly scheduled work day of that month, his
anniversary ,is one (1 ) year after the first
calendar day of that month.
5.6 Increments Within Range. The performance
of each employee, except those of employees already
at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as
set forth in Section 5.5 to determine whether the
salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall
be granted on the affirmative recommendation of the
appointing authority, based on satisfactory
performance by the employee. The appointing
authority may recommend denial of the increment or
denial subject to one additional review at some
specified date before the next anniversary, which
must be set at the time the original report is returned.
Except as herein provided, increments within range
shall not be granted more frequently than once a year,
nor shall more than one (1 ) step within-range
increment be granted at one time, except as
otherwise provided in deep class resolutions. In case
an appointing authority recommends denial of the
within-range increment on some particular
annive; sary date, but recommends a special s .lary
review at some date before the next anniversary, the
special salary review shall not affect the regular salary
review on the next anniversary date. Nothing herein
shall be construed to make the granting of increments
mandatory on the County. If an operating department
verifies in writing that an administrative or clerical
Appraisers Association -25- 1995 - 1999 MOU
error was made in failing to submit the documents
needed to advance an employee to the next salary
step on the first of the month when eligible, said
advancement shall be made retroactive to the first of
the month when eligible.
5.7 Part-Time Compensation. A part-time
employee shall be paid a monthly salary in the same
ratio to the full-time monthly rate to which the
employee would be entitled as a full-time employee
under the provisions of this Section 5 as the number
of hours per week in the employee's part-time work
schedule bears to the number of hours in the full-time
work schedule of the department.
5.8 Comp nsation for Portion of Month. Any
employee who works less than any full calendar
month, except when on earned vacation or authorized
sick leave, shall receive as compensation for services
an amount which is in the same ratio to the
established monthly rate as the number of days
worked is to the actual working days in such
employee's normal work schedule for the particular
month; but if the employment is intermittent,
compensation shall be on an hourly basis.
5.9 Position Reclassification. An employee who
is an incumbent of a position which is reclassified to a
class which is allocated to the same range of the
basic salary schedule as is the class of the position
before it was reclassified, shall be paid at the same
step of the range as the employee received under the
previous classification.
Appraisers Association -26- 1995 - 1999 Mou
An incumbent of a position which is reclassified to a
class which is allocated to a lower range of the basic
salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary
is greater than the maximum of the range of the class
to which the position has been reclassified, the salary
of the incumbent shall be reduced to the maximum
salary for the new classification. The salary of an
incumbent of a position which is reclassified to a class
which is allocated to a range of the basic salary
schedule greater than the range of the class of the
position before it was reclassified shall be governed
by the provisions of Section 5.11 - Salary on
Promotion.
5.10 Salary Reallocation and Salary on
Reallocation.
A. In a general salary increase or decrease,
an employee in a class which is
reallocated to a salary range above or
below that to which it was previously
allocated, when the number of steps
remain the same, shall be compensated at
the same step in the new salary range the
employee was receiving in the range to
which the class was previously allocated. If
the reallocation is from one salary range
with more steps to a range with fewer
steps or vice versa, the employee shall be
compensated at the step on the new range
which is in the same percentage ratio to
Appraisers Association -27- 1995 - 1999 MOU
the top step of the new range as was the
salary received before reallocation to the
top step of the old range, but in no case
shall any employee be compensated at
less than the first step of the range to
which the class is allocated.
B. In the event that a classification is
reallocated from a salary range with more
steps to a salary range with fewer steps on
the salary schedule, apart from the general
salary increase or decrease described in
5.10.A. above, each incumbent of a
position in the reallocated class shall be
placed upon the step of the new range
which equals the rate of pay received
before the reallocation. In the event that
the steps in the new range do not contain
the same rates as the old range, each
incumbent shall be placed at the step of
the new range which is next above the
salary rate received in the old range, or if
the new range does not contain a higher
step, at the step which is next lower than
the salary received in the old range.
C. In the event an employee is in a position
which is reallocated to a different class
which is allocated to a salary range the
same as, above or below the salary range
of the employee's previous class, the
incumbent shall be placed at the step in
the new class which equals the rate of pay
Appraisers Association -28- 1995 - 1999 MOU
received before reallocation. In the event
that the, steps in the range for the new
class do not contain the same rates as the
range for the old class, the incumbent shall
be placed at the step of the new range
which is next above the salary rate
received in the old range; or if the new
range does not contain a higher step, the
incumbent shall be placed at the step
which is next lower than the salary
received in the old range.
D. In the event of reallocation to a deep class,
the provisions of the deep class resolution
and incumbent salary allocations, if any,
shall supersede Section 5.11 .
5.11 Salary on Promotion. Any employee who
is appointed to a position of a class allocated to a
higher salary range than the class previously
occupied, except as provided under Section 5.15,
shall receive the salary in the new salary range which
is next higher than the rate received before promotion.
In the event this increase is less than five percent
(5%), the employee's salary shall be adjusted to the
step in the new range which is at least five percent
(5%) greater than the next higher step provided
however that the next step shall not exceed the
maximum salary for the higher class. 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
Appraisers Association -29- 1995 - 1999 MOU
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.
5.12 Salary on Appointment from a Layoff List.
In the event of the appointment of a laid-off employee
from the layoff list to the class from which the
employee was laid off, the employee shall be
appointed at the step which the employee had
formerly attained in the higher class unless such step
results in an increase of less than five percent (5%), in
which case the salary shall be adjusted to. the step in
the new range which is five percent (5%) greater than
the next higher step, if the new range permits such
adjustment.
5.13 Salary on Involuntary Demotion. Any
employee who is demoted, except as provided under
Section 5.15, shall have his/her salary reduced to the
monthly salary step in the range for the class of
position to which he has been demoted next lower
than the salary received befr;re demotion. In the
event this decrease is less than five percent (5%), the
employee's salary shall be adjusted to the step in the
new range which is five percent (5%) less than the
next lower step; provided, however, that the next step
shall not be less , than the minimum salary for the
lower class.
Appraisers Association -30- 1995 - 1999 MOU
t y>4d
Whenever the demotion is . the result of layoff,
cancellation of positions or displacement by another
employee with greater seniority rights, the salary of
the demoted employee shall be that step on the salary
range which he/she would have achieved had he/she
been continuously in the position to which he/she has
been demoted, all within-range increments having
been granted.
5.14 Salary on Voluntary Demotion. Whenever
any employee voluntarily demotes to a position in a
class having a salary schedule lower than that of the
class from which he or she demotes, his or her salary
shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, new salary
shall be set at the step next below former salary.
5.15 Transfer. An employee who is transferred
from one position to another as described under
"Transfer" shall be placed at the step in the salary
range of the new class which equals the rate of pay
received before the transfer. In the event that the
steps in the range for the new class do not contain the
same rates as the range for the old class, the
employee shall be placed at the step of the new range
which is next above the salary rate received in the old
range; or if the new range does not contain a higher
step, the employee shall be placed at the step which
is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from
a deep class, as provided in the appropriate deep
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class resolutions, the salary of that employee shall be
set as provided in the deep class resolutions at a step
not to exceed a five percent (5%) increase in the
employee's base salary.
However, if the deep class transfer occurs to or from a
deep class with specified levels identified for certain
positions and their incumbents, the employee's salary-
in the new class shall be set in accordance with the
section on "salary on promotion" if the employee is
transferring to another class or to a level in a deep
class for which the salary is at least five percent (5%)
above the top step of the deep class level or class in
which they have status currently.
5.16 Pay for Work in Higher Classification.
When an employee in a permanent position in the
merit system is required to work in a classification for
which the compensation is greater than that to which
the employee is regularly assigned, the employee
shall receive compensation for such work at the rate
of pay established for the higher classification
pursuant to Subsection 5.11 , Salary on Promotion of
this Memorandum, commencing on the 73rd
consecutive hour of the assignment, under the
following conditions:
A. The employee is assigned to a program service
or activity established by the Board of
Supervisors which is reflected in an authorized
position which has been classified and
assigned to the Salary Schedule.
Appraisers Association -32- 1995 - 1999 MOU
r
B. The nature of th&I'departmental assignment is
such that the employee in the lower
classification becomes fully responsible for the
duties of the position of the higher
classification.
C. Employee selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classification.
D. Pay for work in a higher classification shall not
be utilized as a substitute for regular
promotional procedures provided in this
Memorandum.
E. Higher pay assignments shall not exceed six
(6) months except through reauthorization.
F. If approval is granted for pay -for work in a
higher classification and the assignment is
terminated and later reapproved for the same
employee within thirty (30) days, no additional
waiting period will be required.
G. Any incentives (e.g., the education incentive)
and special differentials (e.g., bilingual
differential and hazardous duty differential)
accruing to the employee in his/her permanent
position shall continue.
H. During the period of work for higher pay in a
higher classification, an employee will retain
his/her permanent classification, and
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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.
I. Allowable overtime pay, shift differentials
and/or work location differentials will be paid on
the basis of the rate of pay for the higher class.
5.17 Paymen . On the tenth (10th) day of each
month, the Auditor will draw a warrant upon the
Treasurer in favor of each employee for the amount of
salary due the employee for the preceding month;
provided, however, that each employee (except those
paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which
case the Auditor shall, on the twenty-fifth (25th) day of
each month, draw his/her warrant upon the Treasurer
in favor of such employee.
The advance shall be in an amount equal to one-third
(1 /3) or less, at the option of the employee, of the
employee's basic salary of the previous month except
that it shall not exceed the amount of the previous
Appraisers Association -34- 1995 - 1999 MOU
month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on
or before April 30 or October 31 of each year or
during the first month of employment by filing on
forms prepared by the Auditor-Controller 'a notice of
election to receive salary advance.
Each election shall become effective on the first day
of the month following the deadline for filing the notice
and shall remain effective until revoked.
In the case of an election made pursuant to this
Section 5.17, all required or requested deductions
from salary shall be taken from the second
installment, which is payable on the tenth (10th) day
of the following month.
5.18 Pay Warrant Errors. If an employee receives
a pay warrant which has an error in the amount of
compensation to be received and if this error occurred
as a result of a mistake by the Auditor-Controller's
Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new
warrant issued within forty eight (48) hours, exclusive
of Saturdays, S,.andays and holidays, from the time the
Department is made aware of and verifies that the pay
warrant is in error.
Pay errors in employee pay shall be corrected as
soon as possible as to current pay rate but that no
recovery of either overpayments or underpayments to
Appraisers Association -35- 1995 - 1999 MOU
an employee shall be made retroactively except for
the two (2) year period immediately preceding
discovery of the pay error. A repayment schedule not
to exceed six (6) months will be mutually agreed to
between the employee and the Auditor-Controller or
designee. This provision shall apply regardless of
whether the error was made by the employee, the
appointing authority or designee, the Director of
Human Resources or designee, or the Auditor-
Controller or designee. Recovery of fraudulently
accrued over or underpayments are excluded from
this section for both parties.
SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty
(40) hours between 12:01 a.m. Monday to 12:00
midnight Sunday, usually five (5) eight (8) hour days.
However, where operational requirements of a
department require deviations from the usual pattern
of five (5), eight (8) hour days per work week, an
employee's work hours may be scheduled to meet
these requirements. The Department Head shall
prepare written schedules in advance to support all
.deviations and encompass the complete operational
cycle contemplated.
The work week for employees in the 4/10 shift is four
(4), ten (10) hour working days during a work week
consisting of any seven (7) day period. If, the County
wants to eliminate any existing 4/10 shift and
substitute a 5/8 shift, or to institute a 4/10 shift which
Appraisers Association -36- 1995 - 1999 MOU
does not allow for three (3) consecutive days off
(excluding overtime , days or a change of shift
assignment), it will meet and confer with the
Association prior to implementing said new shift.
It is agreed that a 9/80 work schedule will continue
subject to the agreement between the Assessor's
Department and the Appraisers' Association dated
March 4, 1992 (Attachment C).
SECTION 7 - OVERTIME AND COMPENSATORY
TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty (40) hours per week or
eight (8) hours per day. Overtime for "4-10" shift
employees is, any work performed beyond ten (10)
hours per day or forty (40) hours per week. All
overtime shall be compensated for at the rate of one
and one-half (1 -1/2) times the employee's base rate of
pay (not including shift and other special differentials).
Overtime for permanent employees is earned and
credited in a minimum of one-half (1/2) hour
increments and is compensated by either pay or
compensatory time: off.
7.2 Compensatory Time. The following
provisions shall apply:
A. Employees may periodically elect to accrue
compensatory time off in lieu of overtime pay.
Appraisers Association -37- 1995 - 1999 MOU
Employees shall make a choice, which will
remain in effect for a period of one fiscal year
(July 1 - June 30). Eligible employees must
notify their Department Head or his/her
designee of their intention to accrue
compensatory time off at least seven (7)
calendar days prior to July 1 of each year.
B. The names of those employees electing to
accrue compensatory time off shall be placed
on a list maintained by the department.
Employees who become eligible (i.e., newly
hired employees, employees promoting,
demoting, etc.) for compensatory time off in
accordance with these guidelines, after the list
has been compiled, will be paid for authorized
overtime hours worked until the preparation of
the next annual list, unless such employees
specifically request in writing to the Department
Head or his designee that they be placed on
the list currently in effect.
C. Compensatory time off shall be accrued at the
rate of one and one-half (1 -1/2) times the
actual authorized overtime hours worked by the
employee.
D. Employees may not accrue a compensatory
time off balance that exceeds sixty (60) hours.
Once a sixty (60) hour balance has been
attained, authorized overtime hours will be paid
at the overtime rate. If the employee's balance
falls below sixty (60) hours, the employee shall
Appraisers Association -38- 1995 - 1999 MOU
again accrue compensatory time off for
authorized overtime. ,hours worked until the
employee's balance again reaches sixty (60)
hours.
E. Accrued compensatory time off shall be carried
over for use in the next fiscal year; however, as
provided in 7.2.D. above, accrued
compensatory time off balances may not
exceed sixty (60) hours.
F. Employees may not use more than sixty (60)
hours of compensatory time off in any fiscal
year period (July 1 - June 30) without the
approval of the Department Head or designee.
G. The use of accrued compensatory time off shall
be by mutual agreement between the
Department Head or his/her designee and the
employee. Compensatory time off shall not be
taken when the employee should , be replaced
by another employee who would be eligible to
receive, for time worked, either overtime
payment or compensatory time accruals as
provided for in this Section. This provision may
be waived at the discretion of the Department
Head or his or her designee.
H. When an employee promotes, demotes or
transfers from one classification eligible for
compensatory time off to another classification
eligible for compensatory time off within the
same department, the employee's accrued
Appraisers Association -39- 1995 - 1999 MOU
compensatory time off balance will be carried
forward with the employee.
1. Compensatory time accrual balances will be
paid off when an employee moves from one
department to another through promotion,
demotion or transfer. Said payoff will be made
in accordance with the provisions and salary of
the class from which the employee is
promoting, demoting or transferring as set forth
in 7.2.J. below.
J. Since employees accrue compensatory time off
at the rate of one and one-half (1 -1/2) hours for
each hour of authorized overtime worked,
accrued compensatory time balances will be
paid off at the straight time rate (two-thirds 2/3
the overtime rate) for the employee's current
salary whenever:
1 . the employee changes status and is no
longer eligible for compensatory time off;
2. the employee promotes, demotes or
transfers to another department;
3. the employee 'separates from County
service;
4. the employee retires.
K. The Office of the County Auditor-Controller will
establish timekeeping procedures to administer
Appraisers Association -40- 1995 - 1999 MOu
this Section.
7.3 Fair Labor Standards Act Provisions. The
Fair Labor Standards Act, as amended, may govern
certain terms and conditions of the employment of
employees covered by this MOU. It is anticipated that
compliance with the Act may require changes in some
of the County policies and practices currently in effect
or agreed upon. If it is determined by the County that
certain working conditions, including but not limited to
work schedules, hours of work, method of computing
overtime, overtime pay and compensatory time off
entitlements or use, must be changed to conform with
the Fair Labor Standards Act, such terms and
conditions of employment shall not be controlled by
this MOU but shall be subject to modification by the
County to conform to the federal law, without further
meeting and conferring. The County shall notify the
Association (employee organizations) and will meet
and confer with said organization regarding the
implementation of such modifications.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid
at the appropriate rate for the actual time worked plus
one (1 ) hour. Such employee called back shall be
paid a minimum of two (2) hours at the appropriate
rate for each call back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the
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employee is actually on duty during which an
employee is not required to be on County premises
but stand ready to immediately report for duty and
must arrange so that his/her superior can reach
him/her on ten (10) minutes notice or less. An
employee assigned to on-call time shall be paid one
(1 ) hour of straight time credit for each four (4) hours
on such on-call time unless otherwise provided in the
supplemental sections of this Agreement. Where on-
call arrangements exist, the Department Head shall
designate which employees are on-call unless
otherwise provided in the supplemental sections of
this Agreement.
SECTION 10 - DIFFERENTIALS
10.1 Shift Differential. In the hours which qualify
for shift differential, employees shall receive five
percent (5%) above their base salary rate.
To qualify for shift differential, an employee must have
a regularly assigned daily work schedule which
requires:
A. Completion of more than one and one-half (1 -
1 /2) hours over the normal actual working time;
or
B. At least four (4) hours of actual working time
from 5:00 p.m. through 9:00 a.m. inclusive.
However, employees who have been regularly
working a shift qualifying for shift differential
immediately preceding the commencement of a
Appraisers Association 42- 1995 - 1999 MOU
vacation, paid sick`1eave period, paid disability
or other paid leave, will have shift differential
included in computing the pay for their leave.
The paid leave of an employee who is on a
rotating shift schedule shall include the shift
differential that would have been received had
the employee worked the shift for which the
employee was scheduled during such period.
Shift differential shall only be paid during paid
sick leave and paid disability as provided
above for the first thirty (30) calendar days of
each absence.
10.2 Standards Division Differential. Associate
Appraisers assigned to the Standards Division of the
Assessor's Office shall receive a monthly differential
in the amount of two and one-half percent (2.5%) of
monthly base pay for each month assigned. This
differential is in recognition of the additional
responsibilities and duties required when assigned to
the Standards Division.
The Associate Appraiser in the Standards Division
who is assigned the responsibility of providing lead
direction and training to subordinate appraisers shall
receive a monthly differential in the amount of two and
one-half percent (2.5%) of monthly base pay in
addition to the differential described above.
Implementation of the above differentials is contingent
upon approval by the Board of Supervisors to
reallocate the classes of Appraiser Analyst and Senior
Appraiser Analyst to Associate Appraiser. The
Appraisers Association 43- 1995 - 1999 MOu
effective date of the differentials will be August 1 ,
1994.
SECTION 11 - SENIORITY, WORKFORCE
REDUCTION LAYOFF & REASSIGNMENT
11 .1 Workforce Reduction. In the event that
funding reductions or shortfalls in funding occur in a
department or are expected, which may result in
layoffs, the department will notify the Association and
take the following actions:
A. Identify the classifications) in which position
reductions may be required due to funding
reductions or shortfalls.
B. Advise employees in those classifications that
position reductions may occur in their
classifications.
C. Accept voluntary leaves of absence from
employees in those classifications which do not
appear to be potentially impacted by possible
position reductions when such leaves can be
accommodated by the department.
D. Consider employee requests to reduce their
position hours from full time to part time to
alleviate the impact of the potential layoffs.
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E. Approve requests-''fbr reduction in hours, lateral
transfers, and voluntary demotions to vacant,
funded positions in classes not scheduled for
layoffs within the department, as well as to
other departments not experiencing funding
reductions or shortfalls when it is a viable
operational alternative for the department(s).
F. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment . Team
program (TET) to:
1 . Maintain an employee skills inventory bank
to be used as a basis for referrals to other
employment opportunities.
2. Determine if there are other positions to
which employees may be transferred.
I Refer interested persons to vacancies
which occur in other job classes for which
they qualify and can use their layoff
eligibility.
4. Establish workshops to aid laid off
employees in areas such as resume
preparation, alternate career counseling,
job search strategy, and interviewing skills.
G. When it appears to the Department Head
and/or Labor Relations Manager that the Board
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of Supervisors may take action which will result
in the layoff of employees in a representation
unit, the Labor Relations Manager shall notify
the Association of the possibility of such layoffs
and shall meet and confer with the Association
regarding the implementation of the action.
11 .2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s)
having permanent status in position(s) in
the merit service may be laid off when the
position is no longer necessary, or for
reasons of economy, lack of work, lack of
funds or for such other reason(s) as the
Board of Supervisors deems sufficient for
abolishing the position(s).
B. Order of Layoff. The order of layoff in a
department shall be based on inverse
seniority in the class of positions, the
employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1 . In the Same Class. A laid off
permanent full time employee may
displace an employee in the
department having less seniority in
the same class who occupies
permanent-intermittent or permanent
part-time position, the least senior
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Nil
employee ~being displaced first.
2. In the Same Level or Lower Class. A
laid off or displaced employee who
had achieved permanent status in a
class at the same or lower salary level
as determined by the salary schedule
in effect at the time of layoff may
displace within the department and in
the class an employee having less
seniority; the least senior employee
being displaced first, and so on with
senior displaced employees
displacing junior employees.
D. Particular Rules on Dis lap cing.
1 . Permanent - intermittent and
permanent part-time employees may
displace only employees holding
permanent positions of the same type
respectively.
2. A permanent full time employee may
displace any intermittent or part-time
employee with less seniority 1 ) in the
same ciasS or, 2) in a class of the
same or lower salary level if no full
time employee in a class at the same
or lower salary level has less seniority
than the displacing employees.
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3. Former permanent full time
employees who have voluntarily
become permanent part-time
employees for the purpose of
reducing the impact of a proposed
layoff with the written approval of the
Director of Human Resources or
designee retain their permanent full
time employee seniority rights for
layoff purposes only and may in a
later layoff displace a full time
employee with less seniority as
provided in these rules.
E. Seniodty. An employee's seniority within a
class for layoff and displacement purposes
shall be determined by adding the
employee's length of service in the
particular class in question to the
employee's length of service in other
classes at the same or higher salary levels
as determined by the salary schedule in
effect at the time of layoff. Employees
reallocated or transferred without
examination from one class to another
class having a salary within five percent
(5%) of the former class, as provided in
Section 305.2, shall carry the seniority
accrued in the former class into the new
class. Employees reallocated to a new
deep class upon its initiation or otherwise
reallocated to a deep class because the
duties of the position occupied are
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appropriately;'described in the deep class
shall carry;into the deep class the seniority
accrued or carried forward in the former
class and seniority accrued in other
classes which have been included in the
deep class. Service for layoff and
displacement purposes includes only the
employee's last continuous permanent
County employment. Periods of
separation may not be bridged to extend
such service unless the separation is a
result of layoff in which case bridging will
be authorized if the employee is
reemployed in a permanent position within
the employee's layoff eligibility. Approved
leaves of absence as provided for in these
rules and regulations shall not constitute a
period of separation. In the event of ties in
seniority rights in the particular class in
question, such ties shall be broken by
length of last continuous permanent
County employment. If there remain ties
in seniority rights, such ties shall be
broken by counting total time in the
department in permanent employment.
Any remaining ties shall be broken by
random selection ar„ong the employees
involved.
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 volun-
Appraisers Association -49- 1995 - 1999 MOu
tarily demoted in lieu of layoff or
displacement, or has transferred in lieu of
layoff or displacement, the person's name
shall be placed on the layoff list for the
class of positions from which that person
has been removed.
G. Order of Names on Layoff. First, layoff
lists shall contain the names of persons
laid off, 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 who have
transferred in lieu of layoff or
displacement. Names shall be listed in
order of layoff seniority in the class from
which laid off, displaced 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.
H. Duration of Layoff Rights. The name of
any person granted reemployment
privileges shall continue on the layoff list
for a period of two (2) years. Persons
placed on layoff lists. shall continue on the
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appropriate list for a period of four (4)
years.
1. 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.
J. Removal of Names from Lavoff Lists. The
Director of Human Resources may remove
the name of any eligible from a layoff list
for any reason listed below:
I . For any cause stipulated in Section
404. 1 of the Personnel Management
Regulations.
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2. On evidence that the eligible cannot
be located by postal authorities.
3. On receipt of a statement from the
appointing authority or eligible that the
eligible declines certification or
indicates no further desire for
appointment in the class.
4. If three (3) offers of permanent
appointment to the class for which the
eligible list was established have been
declined by the eligible.
5. If the eligible fails to respond to the
Director of Human Resources or the
appointing authority within ten (10)
days to written notice of certification
mailed to the person's last known
address. Notice shall be sent to the
person affected.
If the person on the reemployment or
layoff list is appointed to another position
in the same or lower classification, the
name of the person shall . be removed.
However, if the first permanent
appointment of a person on a layoff list is
to a lower class which has a top step
salary lower than the top step of the class
from which the person was laid off, the
name of the person shall not be removed
from the layoff list. Any subsequent
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appointment of such person from the layoff
list shall result in removal of that person's
name.
K. Removal of Names from Reem I�ovm�ent
and Layoff Certifications. The Director of
Human Resources may remove the name
of any eligible from a reemployment or
layoff certification if the eligible fails to
respond within five (5) days to a written
notice of certification mailed to the
person's last known address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice
prior to their last day of employment.
11 .4 Special Einplloyment Lists. The County will
establish a TET Employment Pool which will include
the names of all laid off County employees. Special
employment lists for job classes may be established
from the pool. Persons placed on a special
employment list must meet the minimum qualifications
for the class. An appointment from such a list will not
affect the individual's status on a layoff list(s).
11 .5 Reassignment of Laid Off Emploveeees_.
Employees who displaced within the same
classification from full time to part-time or intermittent
status in a layoff, or who voluntarily reduced their
work hours to reduce the impact of layoff, or who
accepted a position of another status than that from
which they were laid off upon referral from the layoff
Appraisers Association -53- 1995 - 1999 MOU
list, may request reassignment back to their pre-layoff
status (full time or part-time or increased hours). The
request must be in writing in accord with each
department's reassignment bid or selection process.
Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back
to their former status at the time of the workforce
reduction. The most senior laid off employee in this
status who requests such a reassignment will be
selected for the vacancy; except when a more senior
laid off individual remains on the layoff list and has not
been appointed back to the class from which laid off,
a referral from the layoff list will be made to fill the
vacancy.
11 .6 Further Study. The County agrees to meet
with the Labor Coalition for study of the concept of
employee's waiver of displacement rights in a layoff.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe
the following holidays:
January 1 st, known as New Year's Day
Third Mor',,day in January, known as Dr. Martin
Luther King Jr. Day
Third Monday in February, known as President's
Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
Appraisers Association -54- 1995 - 1999 MOU
November 11th, known as Veteran's Day
Fourth Thursday in November, known as
Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may
by resolution designate as holidays.
Each full time employee shall accrue two (2) hours of
personal holiday credit per month. Such personal
holiday time may be taken in increments of one-tenth
(1 /10) hour, and preference of personal holidays shall
be given to employees according to their seniority in
their department as reasonably as possible. No
employee may accrue more than forty (40) hours of
personal holiday credit. On separation from County
service, an employee shall be paid for any unused
personal holiday credits at the employee's then
current pay rate.
12.2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to be applied:
A. Employees on the five (5) day Monday through
Friday work schedule shall be entitled to a
holiday whenever a holiday is observed
pursuant to the schedule cited above.
B. Employees on a work schedule other than
Monday through Friday shall be entitled to
credit for any holiday, whether worked or not,
observed by employees on the regular
Appraisers Association -55- 1995 - 1999 MOU
schedule.
C. For all employees, if a work day falls on a
scheduled holiday, they shall receive overtime
pay or equivalent compensatory time credit
(holiday credit) for working the holiday; or if a
holiday falls on the day off of an employee, the
employee shall be given straight time pay or
equivalent compensatory time credit unless
otherwise provided for in other Sections of this
Agreement.
D. If any holiday listed in Section 12.1 .A. above
falls on a Saturday, it shall be celebrated on
the preceding Friday. If any holiday listed in
Section 12.1 .A. falls on a Sunday, it shall be
celebrated on the following Monday. For
employees in positions assigned to units or
services on a shift operational cycle which
includes Saturday or Sunday as designated by
the appointing authority (rather than Monday
through Friday eight (8) hours per day or a
designated , 4/10 or 9/80 schedule) holidays
shall be observed on the day on which the
holiday falls regardless if it is a Saturday or
Sunday.
12.3 Permanent Part-Time Employees.
Permanent part-time employees shall receive holiday
credit in the same ratio to the holiday credit given full
time employees as the number of hours per week in
the part-time employee's schedule bear to the number
of hours in the regular full time schedule, regardless
Appraisers Association -56- 1995 - 1999 MOU
of whether the holiday falls on the part-time
employee's regular work day. Permanent part-time
and permanent-intermittent employees who work on a
holiday shall receive overtime pay or compensatory
time credit for all hours worked, up to a maximum of
eight (8).
12.4 4/10 Shift Holidays.
r
A. Holiday hilt Pay. For all employees, if a
work day falls on a scheduled holiday, they
shall receive overtime pay or equivalent
compensatory time credit (holiday credit)
for working the holiday for the first eight (8)
hours worked; or if a holiday falls on the
day off of an employee, the employee shall
be given straight time pay or equivalent
compensatory time credit for eight (8)
hours.
B. Absence on Holiday. The maximum time
charged to sick leave, vacation or leave
without pay on a holiday shall be two (2)
hours.
12.5 9/80 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a
work day falls on a scheduled holiday, they
shall receive overtime pay or equivalent
compensatory time credit (holiday credit)
for working the holiday for the first eight (8)
hours worked; or if a holiday falls on the
Appraisers Association -57- 1995 - 1999 MOU
day off of an employee, the employee shall
be given straight time pay or equivalent
compensatory time credit for eight (8)
hours.
B. Absence on Holiday. The maximum time
charged to sick leave, vacation or leave
without pay on a holiday shall be one (1 )
hour.
12.6 Accrual of Holiday Time. Employees entitled
to holiday credit shall be permitted to elect between
pay or compensatory time off in recognition of
holidays worked.
A. Any person who is eligible and who elects
to accrue holiday time must agree to do so
for a full fiscal year (July 1 through
June 30), or the remainder thereof.
B. Employees starting work after a list of
those electing to accrue holiday time has
been submitted to the Auditor and
approved, will be paid overtime unless
they specifically requested in writing within
seven (7) calendar days to be placed on
the accrual list.
C. Holiday credit shall be accrued at the rate
specified above to a maximum of eight (8)
hours worked by the employee.
Appraisers Association -58- 1995 - 1999 MOU
D. Accrued holiday credit may not be
accumulated in excess of two hundred
eighty-eight (288) working hours, exclusive
of regular vacation accruals. After two
hundred eighty-eight (288) hours, holiday
time shall be paid at the rates specified
above.
E. Accrued holiday credit may be taken off at
times determined by mutual agreement of
the employee and the Department Head.
F. Accrued holiday credit shall be paid off
only upon a change in status of the
employee such as separation, transfer to
another department or reassignment to a
permanent-intermittent position.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in
permanent positions are entitled to vacation with pay.
Accrual is based upon straight time hours of working
time per calendar month of service and begins on the
date of appointment to a permanent position.
Increased accruals begin on the first of the month
following the month in which the employee qualifies.
Accrual for portions of a month shall be in minimum
amounts of one (1 ) hour calculated on the same basis
as for partial month compensation pursuant to Section
5.8 of this MOU. Vacation credits may not be taken
during the first six (6) calendar months of employment
Appraisers Association -59- 1995 - 1999 MOU
(not necessarily synonymous with probationary
status) except where sick leave is exhausted; and
none shall be allowed in excess of actual accrual at
the time vacation is taken. Vacation may be taken in
increments of 1/10 hours.
13.2 Vacation Leave on Reemployment from a
Layoff., List. Employees with six (6) months or more
service in a permanent position prior to their layoff,
who are employed from a layoff list, shall be
considered as having completed six (6) months tenure
in a permanent position for the purpose of vacation
leave. The appointing authority or designee will
advise the Auditor-Controller's Payroll Unit in each
case where such vacation is authorized so that
appropriate Payroll system override actions can be
taken.
13.3 Vacation Accrual Rates. The rates at which
vacation credits accrue, and the maximum
accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 102/3 256
12 years 11 1/3 272
13 years 12 288
14 years 122/3 304
15 through 19 years 131 /3 320
20 through 24 years 162/3 400
Appraisers Association -60- 1995 - 1999 Mou
25 through 29 years 20 480
30 years and up 23 1/3 560
Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on
a pro rata basis as provided in Section 36-1 .006 of
Board Resolution No. 81/1165.
13.4 Bridaed Service. Employees who are rehired
and have their service bridged in accordance with .the
provisions of this MOU shall accrue vacation in
accordance with the accrual formula above. Prior
service time which has been bridged shall count
toward longevity accrual.
13.5 Accrual Durina Leave Without Pay. No
employee who has been granted a leave without pay
or unpaid military leave shall accrue any vacation
credit during the time of such leave, nor shall an
employee who is absent without pay accrue vacation
credit during the absence.
13.6 Vacation Allowance for Separated
Employees. On separation from County service, an
employee shall be paid for any unused vacation
credits at the employee's then current pay rate.
13.7 Preference. Preference of vacation shall be
given to employees according to their seniority in their
department as reasonably as possible, unless
otherwise provided in the supplemental sections of
this Agreement or other departmental policies.
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SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose
of paid sick leave is to ensure employees against loss
of pay for temporary absences from work due to
illness or injury. It is a benefit extended by the County
and may be used only as authorized; it is not paid
time off which employees may use for personal
activities.
14.2 Credits To and Chara_es Aaainst Sick Leave.
Sick leave credits accrue at the rate of eight (8)
working hours credit for each completed month of
service, as prescribed by County Salary Regulations.
Employees who work a portion of a month are entitled
to a pro rata share of the monthly sick leave credit
computed on the same basis as is partial month
compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minute)
increments.
Unused sick leave credits accumulate from year to
year.
When an employee is separated other than through
retirement, accumulated sick leave credits shall be
canceled, unless the separation results from layoff, in
which case the accumulated credits shall be restored
if reemployed in a permanent position within the
period of lay off eligibility.
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As of the i date of retirement, an employee's
accumulated sick leave is converted to retirement on
the basis of one day of retirement service credit for
each day of accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick
Leave. As indicated above, the primary purpose of
paid sick leave is to ensure employees against loss of
pay for temporary absences from work due to illness
or injury. The following definitions apply:
Immediate Family: Includes only the spouse, son,
stepson, daughter, stepdaughter, father, stepfather,
mother, stepmother, brother, sister, grandparent,
grandchild, niece, nephew, father-in-law, mother-in-
law, daughter-in-law, son-in-law, brother-in-law, sister-
in-law, foster children, aunt, uncle, cousin,
stepbrother, or stepsister of an employee and/or
includes any other person for whom the employee is
the legal guardian or conservator, or any person who
is claimed as a "dependent" for IRS reporting
purposes by the employee.
Employ: Any person employed by ' Contra Costa
County in an allocated position in the County service.
Paid Sick Leave Credits: Sick leave credits provided
for by County Salary Regulations and memoranda of
understanding.
Condition/Reason: With respect to necessary verbal
contacts and confirmations which occur between the
department and the employee when sick leave is
Appraisers Association -63- 1995 - 1999 MOU
requested or verified, a brief statement in non-
technical terms from the employee regarding inability
to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used,
subject to appointing authority approval, by an
employee in pay status, but only in the following
instances:
A. Temporary Illness or Injury of an Employee.
Paid sick leave credits may be used when the
employee is off work because of a temporary
illness or injury.
B. Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
disabling physical injury or illness and is
thereby , prevented from engaging in any
County occupation for which the employee is
qualified by reason of education, training or
experience. Sick leave may be 'used by
permanently disabled employees until all
accruals of the employee have been exhausted
or until the employee is retired by the
Retirement Board, subject to the following
conditions:
1 . An application for retirement due to
disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such
disability is received by the appointing
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authority with i"thirty (30) days of the start
of use of sick leave for permanent
disability.
3. The appointing authority may review
medical evidence and order further
examination as deemed necessary, and
may terminate use of sick leave when
such further examination demonstrates
that the employee is not disabled, or when
the appointing authority determines that
the medical evidence submitted by the
employee is insufficient, or where the
above conditions have not been met.
C. Communicable Disease. An employee may
use paid sick leave credits when under a
physician's order to remain secluded due to
exposure to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or
contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery therefrom, shall
be allowed to utilize sick leave credit to the
maximum accrued by such employee during
the period of such disability under the
conditions set forth below:
1 . Application for such leave must be made
by the employee to the appointing
authority accompanied by a written
statement of disability from the employee's
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attending physician. The statement must
address itself to the employee's general
physical condition having considered the
nature of the work performed by the
employee, and it must indicate the date of
the commencement of the disability as well
as the date the physician anticipates the
disability to terminate.
2. If an employee does not apply for leave
and the appointing authority believes that
the employee is not able to properly
perform her work or that her general health
is impaired due to disability caused or
contributed to by pregnancy, miscarriage,
abortion, childbirth or recovery therefrom
the employee shall be required to undergo
a physical examination by a physician
selected by the County. Should the
medical report so recommend, a
mandatory leave shall be imposed upon
the employee for the duration of the
disability.
3. Sick leave may not be utilized after the
employee has been released from the
hospital unless tht: employee has provided
the County with a written statement from
her attending physician stating that her
disability continues and the projected
dates of the employee's recovery from
such disability.
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E. Medical and Dental Appointments. An
employee may use paid sick leave credits:
1 . For working time used in keeping medical
and dental appointments for the
employee's own care; and
2. For working time used by an employee for
pre-scheduled medical and dental
appointments for an immediate family
member.
F. Emergency Care of Family[. An employee may
use paid sick leave credits for working time
used in cases of illness or injury to an
immediate family member.
G. Death of Family Member. An employee may
use paid sick leave credits for working time
used because of a death in the employee's
immediate family or of the employee's
domestic . partner, but this shall not exceed
three (3) working days, plus up to two (2) days
of work time for necessary travel. Use of
additional accruals including sick leave when
appropriate may be authorized in conjunction
with the bereavement leave at the discretion of
the appointing authority.
H. Legal Ad ption of—a Child. Paid sick leave
credits may be used by an employee upon
adoption of the child.
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I. Accumulated paid sick leave credits may not
be used in the following situations:
1 . Vacation. Paid sick leave credits may not
be used for an employee's illness or injury
which occurs while he is on vacation but
the County Administrator may authorize it
when extenuating circumstances exist and
the appointing authority approves.
2. Not in Pay Status. Paid sick leave credits
may not be used when the employee
would otherwise be eligible to use paid
sick leave credits but is not in pay status.
14.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the department head. The following
procedures apply:
A. Employee Responsibilities
1 . Employees are responsible for notifying
their department of an absence prior to the
commencement of their work shift or as
soon thereafter as possible. Notification
shall include the reason and possible
duration of the absence.
2. Employees are responsible for keeping
their department informed on a continuing'
basis of their condition and probable date
of return to work.
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3. Employees allr`e responsible for obtaining
advance approval from their supervisor for
the scheduled time of pre-arranged
personal or family medical and dental
appointment.
4. Employees are encouraged to keep the
department advised of (1 ) a current
telephone number to which sick leave
related inquiries may be directed, and (2)
any condition(s) and/or restriction(s) that
may reasonably be imposed regarding
specific locations and/or persons the
department may contact to verify the
employee's sick leave.
B. Department Responsibilities. The use of sick
leave may properly be denied if these
procedures are not followed. Abuse of sick
leave on the part of the employee is cause for
disciplinary action.
Departmental approval of sick leave is a
certification of the legitimacy of the sick leave
claim. The department head or designee may
make reasonable inquiries about employee
absences. The department may require
medical verification for an absence of three (3)
or more working days. The department may
also require medical verification for absences
of less than three (3) working days for probable
cause if the employee had been notified in
advance in writing that such verification was
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necessary. Inquiries may be made in the
following ways:
1 . Calling the employee's residence
telephone number or other contact
telephone number provided by the
employee if telephone notification was not
made in accordance with departmental
sick leave call-in guidelines. These
inquiries shall be subject to any restrictions
imposed by the employee under Section
14.4.A.
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another
form established for that purpose, as
employee certification of the legitimacy of
the claim.
3. Obtaining the employeets written
statement of explanation regarding the
sick leave claim.
4. Requiring the employee to obtain a
physician's certificate or verification of the
employee's illness, date(s) the employee
was incapacitated, and the employee's
ability to return to work, as specified
above.
5. In absences of an extended nature,
requiring the employee to obtain from their
physician a statement of progress and
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anticipated date on which the employee
will be able to return to work, as specified
above.
.Department heads are responsible for
establishing timekeeping procedures which will
insure the submission of a time card covering
each employee absence and for operating their
respective offices in accordance with these
policies and with clarifying regulations issued
by the Office of the County Administrator.
To help assure uniform policy application, the
Human Resources Director or designated
management staff of the County Human
Resources Department should be contacted
with respect to sick leave determinations about
which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally
incapacitated for the performance of duty
is subject to dismissal, suspension or
demotion, subject to the County
Employees Retirement Law of 1937. An
.rappointing authority, after giving notice.
may place an employee' on leave if the
appointing authority has filed an
application for disability retirement for the
employee, or whom the appointing
authority believes to be temporarily or
permanently physically or mentally
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incapacitated for the performance of the
employee's duties.
B. An appointing authority who has
reasonable cause to believe that there are
physical or mental health conditions
present in an employee which endanger
the health or safety of the employee, other
employees or the public, or which impair
the employee's performance of duty, may
order the employee to undergo, at County
expense and on the employee's paid time,
a physical, medical and/or psychiatric
examination by a licensed physician and
receive a report of the findings on such
examination. If the examining physician
recommends that treatment for physical or
mental health problems, including leave,
are in the best interests of the employee or
the County in relation to the employee
overcoming any disability and/or
performing his or her duties, the appointing
authority may direct the employee to take
such leave and/or undergo such treatment.
C. Leave due to temporary or permanent
disability shall be without prejudice to the
employee's right to use sick leave,
vacation or any other benefit to which the
employee is entitled other than regular
salary. The Human Resources Director
may order lost pay restored for good
cause and subject to the employee's duty
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to mitigate damages.
D. Before an employee' returns to work from
any absence for illness or injury, other
leave of absence or disability leave
exceeding two (2) weeks - in duration, the
appointing authority may order the
employee to undergo at County expense a
physical, medical and/or psychiatric
examination by a licensed physician, and
may consider a report of the findings on
such examination. If the report shows that
such employee is physically or mentally
incapacitated for the performance of duty,
the appointing authority may take such action
as he deems necessary in accordance with
appropriate provisions of this MOU.
14.6 Workers' Compensation.
A permanent non-safety employee shall receive eighty-
seven percent (87%) of regular monthly salary for all
accepted claims filed with the County on or after January
1 , 1997.
A. Employees who leave work as a result of an on-the-
job injury will have the balance of that day charged
to sick leave and/or vacation accruals. This will be
considered as the last day worked for purposes of
determining Workers' Compensation benefits.
B. Three (3) consecutive calendar days following
the last day worked constitutes a waiting period
before Workers' Compensation starts. The time
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the employee is scheduled to work during this
waiting period will be charged to the employee's
sick leave and/or vacation accruals. In order to
qualify for Workers' Compensation, the
employee must be under the care of a physician.
Temporary compensation is payable on the first
three (3) days of disability when the injury
necessitates hospitalization, or when the
disability exceed fourteen (14) days.
A permanent employee shall continue to
receive full regular salary during any
period of compensable temporary disability
absence. "Compensable temporary
disability absence" for the purpose of this
section, is any absence due to work-
connected disability which qualifies for
temporary disability compensation under
Workers' Compensation Law, set forth in
Division 4 of the California Labor Code.
When any disability becomes permanent,
the salary provided in this Section shall
terminate. The employee shall return to
the County all temporary disability
payments received from any County-
funded wage replacement program. No
charge shall be made against sick leave or
vacation for these salary payments. Sick
leave and vacation rights shall not accrue
for those periods during which salary
payments are made.
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The maximum period for the described
salary continuation-for any one injury or
illness shall be one (1 ) year from the date
of temporary disability.
C. Continuing pay begins at the same time
that temporary Workers' Compensation
starts and continues until the temporary
disability ends, or until one (1 ) year has
expired, whichever comes first. All
continuing pay under the Workers'
Compensation Program will be cleared
through the Human Resources
Department, Benefits Division.
Whenever an employee who has been
injured on the job and has returned to work
is required by an attending physician to
leave work for treatment during working
hours, the employee shall be allowed time
off up to three (3) hours for such treatment
without loss of pay or benefits. This
provision applies only to injuries that have
been accepted by the County as job
connected injuries.
D. Full Pay Beyond One Year. If an injured
employee remains eligible for temporary
disability beyond one (1 ) year, full salary
will continue by integrating sick leave
and/or vacation accruals with Workers'
Compensation benefits. If salary
integration is no longer available, Workers'
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Compensation benefits will be paid directly
to the employee as prescribed by Workers'
Compensation laws.
E. Rehabilitation Integration. An injured
employee who is eligible for Workers'
Compensation rehabilitation temporary
disability benefits and whose disability is
medically permanent and stationary will
continue to receive full salary by
rehabilitation temporary disability benefits
until those accruals are exhausted.
Thereafter, the rehabilitation temporary
disability benefits will be paid directly to
the employee..
F. Health Insurance. The County contribution
to the employee's group insurance plan(s)
continues during the continuing pay period
and during integration of sick leave or
vacation with Workers' Compensation
benefits.
G. Method of Integration. An employee's sick
leave and/or vacation charges shall be
calculated as follows:
C = 8 [1 - (W - S)]
C = Sick leave or vacation charge per day
(in hours)
W = Statutory Workers' Compensation for
a month
S = Monthly Salary
Appraisers Association -76- 1995 - 1999 MOU
14.7 Rehabilitation Ptog_ram_. It is understood that
the benefits specified.above in this Section 14 shall be
coordinated with the rehabilitation program as
determined by the Labor-Management Committee.
14.8 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay
or an unpaid military leave shall accrue any sick leave
credits during the time of such leave, nor shall an
employee who is absent without pay accrue sick leave
credits during the absence.
14.9 Disability Insurance Review Committee.
The County shall establish a Disability Insurance
Review Committee consisting of one (1 )
representative from each employee organization and
four (4) management representatives to review and
recommend to the Director of Human Resources the
feasibility of implementing a self-funded and self-
administered disability insurance program.
14.10 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)
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Proaram Design. Effective April 1 , 1994, the
County Human Resources Department will begin
operation of a Catastrophic Leave Bank which is
designed to assist any County employee who has
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exhausted all paid accruals due to a serious or
catastrophic illness, injury, or condition of the
employee or family member. The program
establishes and maintains a Countywide bank wherein
any employee who wishes to contribute may authorize
that a portion of his/her accrued vacation,
compensatory time, holiday compensatory time or
floating holiday be deducted from those account(s)
and credited to the Catastrophic Leave Bank. Upon
approval, credits from the Catastrophic Leave Bank
may be transferred to, a requesting employee's sick
leave account so that employee may remain in paid
status for a longer period of time, thus partially
ameliorating the financial impact of the illness, injury,
or condition.
Catastrophic illness or injury is defined as a critical
medical condition, a long-term major physical
impairment or disability which manifests itself during
employment.
15.2 Operation. The plan will be administered
under the direction of the Human Resources Director.
The Human Resources Department will be
responsible for receiving and recording all donations
of accruals and for initiating transfer of credits from
the Bank to the recipient's sick leave account.
Disbursement of accruals will be subject to the
approval of a six (6) member committee composed of
three (3) members appointed by the County
Administrator and three (3) members appointed by the
majority representative employee organizations. The
committee shall meet as necessary to consider all
Appraisers Association -78- 1995 - 1999 MOU
requests for credits and shall make determinations as
to the appropriateness of the request and the amount
of accruals to be awarded. Consideration of all
requests by the committee will be on an anonymous
requestor basis.
Hours transferred .from the Catastrophic Leave Bank
to a recipient will be in the form of sick leave accruals
and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must
have permanent status, must have exhausted all time
off accruals to a level below eight (8) hours total, have
applied for a medical leave of absence and have
medical verification of need.
Donations are irrevocable and may be made in
minimum blocks of four (4) hours per donations from
balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time
accounts.
Time donated will be converted to a dollar value and
the dollar value will be converted back to sick leave
accruals at the recipient's base hourly rate when
disbursed. Credits will not be on a straight hour-for-
hour basis. All computations will be on a standard
173.33 basis, except that employees on other than a
forty (40) hour week will have hours prorated
according to their status.
Any recipient will be limited to a total of one thousand
and forty (1040) hours or its equivalent per
Appraisers Association -79- 1995 - 1999 MOU
catastrophic event; each donor will be limited 'to one
hundred twenty (120) hours per calendar year.
No element of this plan is grievable. All appeals from
either a donor or recipient will be resolved on a final
basis by the Director of Human Resources.
This Catastrophic Leave Bank program is adopted on
a twelve (12) month pilot program ending April 1 ,
1995. Its continuation will be subject to consideration
of administrative ease of operation, cost and
acceptance by employees.
No employee will have any entitlement to catastrophic
leave benefits. The award of Catastrophic Leave will
be at the sole discretion of the committee, both as to
amounts of benefits awarded and as to persons
awarded benefits. Benefits may be denied, or
awarded for less than six (6) months. The committee
will be entitled to limit benefits in accordance with
available contributions and to choose from among
eligible applicants, on an anonymous basis, those
who will receive benefits.
Any unused hours transferred to a recipient will be
returned to the Catastrophic Leave Bank.
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee who has
permanent status may be granted a leave of absence
without pay upon written request, approved by the
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appointing authority; provided, however, that leaves
for pregnancy, pregnancy disability, serious health
conditions, and family care shall be granted in
accordance with applicable state and federal law.
16.2 General Administration - Leaves of
Absence. Requests for leave without pay shall be
made upon forms prescribed by the Director of
Human Resources and shall state specifically the
reason for the request, the date when it is desired to
begin the leave, and the probable date of return.
A. Leave without pay may be granted for any
of the following reasons:
1 . Illness or disability;
2. pregnancy;
3. parental;
4. to take a course of study such as will:
(a) increase the employee's use-
fulness on return to the position;
5. for other reasons or circumstances
acceptable to the appointing authority.
B. An employee must request family care
leave at least thirty (30) days before the
leave is to begin if the need for the leave is
foreseeable. If the need is not
foreseeable, the employee must provide
Appraisers Association -81- 1995 - 1999 MOU
written notice to the employer within five
(5) days of learning of the event by which
the need for family care leave arises.
C. A leave without pay may be for a period
not to exceed one (1 ) year, provided the
appointing authority may extend such
leave for additional periods. The
procedure in granting extensions shall be
the same as that in granting the original
leave, provided that the request for
extension must be made not later than
thirty (30) calendar days before the
expiration of the original leave.
D. Nevertheless, a leave of absence for the
employee's serious health condition or for
family care shall be granted to an
employee who so requests it for up to
eighteen (18) weeks in each calendar year
period in accordance with Section 16.5
below.
E. Whenever an employee who has been
granted a leave without pay desires to
return before the expiration of such leave,
the employee shall submit a request to the
appointing authority in writing at least
fifteen (15) days in advance of the
proposed return. Early return is subject to
prior approval by the appointing authority.
The Human Resources Department shall
be notified promptly of such return.
Appraisers Association -82- 1995 - 1999 MOLD
F. Except in the case of leave of absence
due to family care, pregnancy, pregnancy
disability, illness, disability, or serious
health condition, the decision of the
appointing authority on granting or denying
leave or early return from leave shall be
subject-to appeal to the Human Resources
Director and not subject to appeal through
the grievance procedure set forth in this
MOU.
16.3 Furlough Days Without Pay. Subject to the
prior written approval of the appointing authority,
employees may elect to take furlough days or hours
without pay (pre-authorized absence without pay), up
to a maximum of fifteen (15) calendar days for any
one period. Longer pre-authorized absences without
pay are considered leaves of absence without pay.
Employees who take furlough time shall have their
compensation for the portion of the month worked
computed in accord with Section 5.8 (Compensation
for Portion of Month) of this MOU. Full time and part-
time employees who take furlough time shall have
their vacation, sick leave, floating holiday, and any
other payroll computed accruals computed as though
they had worked the furlough time. When computing
vacation sick leave, floating holiday, and other accrual
credits for employees taking furlough time, this
provision shall supersede Section 12.1 , 13.11 13.37
and 14.2 of this MOU regarding the computation of
vacation, sick leave, floating holiday, and other
accrual credits as regards furlough time only. For
payroll purposes, furlough time (absence without pay
Appraisers Association -83- 1995 - 1999 MOU
with prior authorization of the appointing authority)
shall be reported separately from other absences
without pay to the Auditor-Controller. The existing
VTO program. shall be continued for the life of the
contract.
16.4 Military Leave. Any employee who is 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.
An employee who has been granted a military leave
shall not, by reason of such absence, suffer any loss
of vacation, holiday, or sick leave privileges which
may be accrued at the time of such leave, nor shall
the employee be prejudiced thereby with reference to
salary adjustments or continuation of employment.
For purposes of determining eligibility for salary
adjustments or seniority in case of layoff or
promotional examination, time on military leave shall
Appraisers Association -84- 1995 - 1999 mou
be considered as time in County service.
Any employee who has been granted a military leave,
may upon return, be required to furnish such evidence
of performance of military service or of honorable
discharge as the Director of Human Resources may
deem necessary.
16.5 Family Care Leave or Medical Leave. Upon
request to the appointing authority, in each calendar
year any employee who has permanent status shall
be entitled to at least eighteen (18) weeks leave (less
if so requested by the employee) for:
A. medical leave of absence for the employee's
own serious health condition which makes the
employee unable to perform the functions of
the employee's position; or
B. family care leave of absence without pay for
reason of the birth of a child of the employee,
the placement of a child with an employee in
connection with the adoption or foster care of
the child by the employee, or the serious illness
or health condition of a child, parent, spouse,
or domestic partner of the employee.
16.6 Certification. The employee may be asked to
provide certification of the need for family care leave
or medical leave. Additional period(s) of family care
or medical leave may be granted by the appointing
authority.
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16.7 Intermittent Use of Leave. The eighteen (18)
week entitlement may be in broken periods,
intermittently on a regular or irregular basis, or may
include reduced work schedules depending on the
specific circumstances and situations surrounding the
request for leave. The eighteen (18) weeks may
include use of appropriate available paid leave
accruals when accruals are used to maintain pay
status, but use 'of such accruals is not required
beyond that specified in Section 16.12 below. When
paid leave accruals are used for a medical or family
care leave, such time shall be counted as a part of the
eighteen (18) week entitlement.
16.8 Aga_reaate Use for Spouses. In the situation
where husband and wife are both employed by the
County, the family care of medical leave entitlement
based on the birth, adoption or foster care of a child is
limited to an aggregate for both employees together of
eighteen (18) weeks during each calendar year
period. Employees requesting family care leave are
required to advise their appointing authority(ies) when
their spouse is also employed by the County.
16.9 Definitions. For medical and family care
leaves of absence under this section, the following
definitions apply:
A. Child: A biological, adopted, or foster child,
stepchild, legal ward, conservatee or a child
who is under eighteen (18) years of age for
whom an employee stands in loco parentis or
for whom the employee is the guardian or
Appraisers Association -86 1995 - 1999 MOu
conservator, or an adult dependent child of the
employee.
B. Parent:, A biological, foster, or adoptive parent,
a step-parent, legal guardian, conservator, or
other person standing in loco parentis to a
child.
C. Spouse: A partner in marriage as defined in
California Civil Code Section 4100.
D. Domestic Partner: An unmarried person,
eighteen (18) years or older, to whom the
employee is not related and with whom the
employee resides and shares the common
necessities of life.
E. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition
which warrants the participation of a family
member to provide care during a period of
treatment or supervision and involves either
inpatient care in a hospital, hospice or
residential health care facility or continuing
treatment or continuing supervision by a health
care provider (e.g. physician or surgeon) as
defined by state and federal law.
F. Certification for Family Care Leave: A written
communication to the employer from a health
care provider of a person for whose care the
leave is being taken which need not identify the
serious health condition involved, but shall
Appraisers Association -87- 1995 - 1999 MOu
contain:
1 . the date, if known, on which the serious
health condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which
the employee needs to render care or
supervision;
4. a statement that the serious health
condition warrants the participation of a
family member to provide care during
period of treatment or supervision;
5. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate that the intermittent leave or
reduced leave schedule is necessary for
the care of the individual or will assist in
their recovery, and its expected duration.
G. Certification for Family Medical Leave: A
written communication from a health care
provider of an employee with a serious health
condition or illness to the employer, which need
not identify the serious health condition
involved, but shall contain:
1 . the date, if known, on which the serious
health condition commenced;
Appraisers Association -88- 1995 - 1999 MOU
2. the probable duration of the condition;
s,
3. a statement that the'employee is unable to
perform the functions of the employee's
job;
4. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave
schedule and its expected duration.
H. Comparable Positions: A position with the
same or similar duties and pay which can be
performed at the same or similar geographic
location as the position held prior to the leave.
Ordinarily, the job assignment will be the same
duties in the same program area located in the
same city, although specific clients, caseload,
co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
16.10 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section
14.3.D (Sick Leave Utilization for Pregnancy
Disability), that time will not be considered a part of
the eighteen (18) week family care leave period.
16.11 Group Health Plan Coverage. Employees
who were members of one of the group health plans
prior to commencement of their leave of absence can
maintain their health plan coverage with the County
contribution by maintaining their employment in pay
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status as described in Section 16.12. During the
eighteen (18) weeks of an approved medical or family
care leave under Section 16.6 above, the County will
continue its contribution for such health plan coverage
even if accruals are not available for use to maintain
pay status as required under Section 16.12. In order
to maintain such coverage, employees are required to
pay timely the full' employee contribution to maintain
their group health plan coverage, either through
payroll deduction or by paying the County directly.
16.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first
twelve (12) month period of any leave of
absence without pay, an employee may
elect to maintain pay status each month by
using available sick leave (if so entitled
under Section 14.3 - Policies Governing
the Use of Paid Sick Leave), vacation,
floating holiday, compensatory time off or
other accruals or entitlements; in other
words, during the first twelve (12) months,
a leave of absence without pay may be
"broken" into segments and accruals used
on a monthly basis at the employee's
discretion. After the first twelve (12)
months, the leave period may not be
"broken" into segments and accruals may
not be used, except when required by LTD
Benefit Coordination or SDI/Sick Leave
Integration or as provided in the sections
below.
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B. Family Care or Medical Leave. During the
eighteen (18) weeks of an approved
medical or family care leave, if a portion of
that leave will be on a leave of absence
without pay, the employee will be required
to use at least one tenth (0.1 ) hour of sick
leave (,if so entitled under Section 14.3 -
Policies Governing the Use of Paid Sick
Leave), vacation, floating holiday,
compensatory time off or other accruals or
entitlements if such are available, although
use of additional accruals is permitted
under subsection A. above.
C. Leave of Absence/Lona Term Disability
(LTD) Benefit Coordination. An eligible
employee who files an LTD claim and
concurrently takes a leave of absence
without pay will be required to use
accruals as provided in Section B herein
during the eighteen (18) weeks entitlement
period of a medical leave specified above.
If an eligible employee continues beyond
the eighteen (18) weeks entitlement period
on a concurrent leave of absence/LTD
claim, the employee may choose to
maintain further pay status only as allowed
under subsection A. herein.
D. Sick leave accruals may not be used
during any leave of absence, except as
allowed under Section 14.3 - Policies
Governing the Use of Paid Sick Leave.
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16.13 Leave of Absence Replacement and
Reinstatement. Any permanent employee who
requests reinstatement to the classification held by
the employee in the same department at the time the
employee was granted a leave of absence, shall be
reinstated to a position in that classification and
department and then only on the basis of seniority. In
case of severance from service by reason of the
reinstatement of a permanent employee, the
provisions of Section 11 (Seniority, Workforce
Reduction, Layoff and Reassignment) shall apply.
16.14 Reinstatement from Family Care Medical
Leave. In the case of a family care or medical leave,
an employee on a 5/40 schedule shall be reinstated to
the same or comparable position if the return to work
is after no more than ninety (90) work days of leave
from the initial date of a continuous leave, including
use of accruals, or within the equivalent on an
alternate work schedule. A full time employee taking
an intermittent or reduced work schedule leave shall
be reinstated to the same or comparable position if
the return to work on a full schedule is after no more
than seven hundred twenty (720) hours, including use
of accruals, of intermittent or reduced schedule leave.
At the time the original leave is approved, the
appointing authority shall notify the employee in
writing of the final date to return to work, or the
maximum number of hours of leave, in order to
guarantee reinstatement to the same or comparable.
position. An employee on a schedule other than 5/40
shall have the time frame for reinstatement to the
same or comparable position adjusted on a pro rata
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basis.
16.15 Salary Review While oh Leave of Absence.
The salary of an employee who is on leave of
absence from a County position on any anniversary
date and who has not been absent from the position
on leave without pay more than six (6) months during
the preceding year, shall be reviewed on the
anniversary date. Employees on military leave shall
receive salary increments that may accrue to them
during the period of military leave.
16.16 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty
after a leave request has been disapproved, revoked,
or canceled by the appointing authority, or at the
expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
16.17 Non-Exclusivity. Other MOU language on
this subject, not in conflict, shall remain in effect.
SECTION 17 - JURY DUTY AND WITNESS DUTY
Jury Duty. For purposes. of this Section, jury duty
shall be defined as any time an employee is obligated
to report to the court.
1 . When called for jury duty, County employees,
like other citizens, are expected to discharge
their jury duty responsibilities.
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2. Employees shall advise their department as
soon as possible if scheduled to appear for jury
duty.
3. If summoned for jury duty in a Municipal,
Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County
pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave
without pay and retain all fees and expenses
paid to them.
4. When an employee is summoned for jury duty
selection or is selected as a juror in a
Municipal, Superior or Federal Court,
employees may remain in a regular pay status
if they waive all fees (other than mileage),
regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a
regular pay status and waive or surrender
all fees (other than mileage), the employee
shall obtain from the Clerk or Jury
Commissioner a certificate indicating the
days attended and noting that, fees other
than mileage are waived or surrendered.
The employee shall furnish the certificate
to his department where it will be retained
as a department record. No
"Absence/Overtime Record" is required.
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b. An employee who elects to retain all fees
must take leave (vacation, floating holiday,
etc.) or leave without pay. No court
certificate is required but an
"Absence/Overtime Record" must be
submitted to the department payroll clerk.
5. Employees 'are not permitted to engage in any
employment regardless. of shift assignment or
occupation before or after daily jury service that
would affect their ability to properly serve as
jurors.
6. An employee on short notice standby to report
to court, whose job duties make short notice
response impossible or ,impractical, shall be
given alternate work assignments for those
days to enable them to respond to the court on
short notice.
7. When an employee is required to serve on jury
duty, the County will adjust that employee's
work schedule to . coincide with a Monday to
Friday schedule for the remainder of their
service, unless the employee requests
otherwise. Participants in 9/80 or 4/10 work
schedules will not receive overtime or
compensatory time credit for jury duty on their
scheduled days off.
8. Permanent-intermittent employees are entitled
to paid jury duty leave only for those days on
which they were previously scheduled to work.
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Witness Duty. Employees called upon as a witness or
an expert witness in a case arising in the course of
their work or the work of another department may
remain in their regular pay status and turn over to the
County all fees and expenses paid to them, other than
mileage allowance, or they may take vacation leave or
leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private
cases or personal matters (e.g., accident suits and
family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
SECTION 18 - HEALTH & WELFARE, LIFE &
DENTAL CARE
18.1 County Programs. The County will continue
the existing County Group Health Plan program of
medical, dental and life insurance coverage through
Delta Dental Plan, Safeguard Dental Plan, Aetna Life
Insurance and the medical insurance options of
Kaiser-Permanente Foundation Health Plan, and the
Contra Costa County Health Plan, to all permanent
employees regularly scheduled to work twenty (20) or
more hours per week. Employees may choose single
medical and family dental if eligible. Effective
February 1 , 1994 the QualMed Health Plan will be
added. During the term of this MOU, all conditions
and agreements regarding health, dental and related
benefits contained in the January 13, 1994 Agreement
(Attachment B) between the County and the Labor
Coalition shall be in effect.
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For the term of this Agreement, the County will not
discontinue or modify any health or dental plan
currently provided. However, if a provider
discontinues service to the County, the County shall
immediately, upon knowledge of this potential, meet
and confer regarding a replacement.
18.2 Rate Information. The County Benefits
Division will make health and dental plan rate
information available upon request to employees and
departments. In addition, the County Benefits
Division will publish and distribute to employees and
departments information about rate changes as they
occur during the year.
18.3 Medicare Rates. Corresponding Medicare
rates for employees covered under this MOU shall be
as follows: for Employee Only on Medicare by taking
the Employee Only rate for the option selected and
subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one (1 )
enrollee; for Employee and Dependent(s) with one (1 )
member on Medicare by taking the Employee and
Dependent(s) rate for the option selected and
subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one
enrollee; for Employee and Dependent(s) with two
members on Medicare by taking the Employee and
Dependent(s) rate for the option selected and
subtracting the monthly Part B Medicare premium
withheld from Social Security payments for two
enrollees.
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18.4 Partial Month. The County's contribution to
the Health Plan premium is payable for any month in
which the employee is paid. If an employee is not
paid enough compensation in a month to pay the
employee share of the premium, the employee must
make up the difference by remitting the amount
delinquent to the Auditor-Controller. The
responsibility for ' this payment rests with the
employee. If payment is not made, the employee
shall be dropped from the health plan. An employee
is thus covered by the health plan for the month in
which compensation is paid.
18.5 Coveraae Durina Absences. An employee
on approved leave shall be allowed to continue his/her
health plan coverage at the County group rate for
twelve (12) months provided that the employee shall
pay the entire premium for the Health Plan during said
leave.
An employee on leave in excess of twelve (12)
months may continue health plan coverage by
converting to an individual health plan option (if
available) or continuing group coverage subject to the
provisions of the Consolidated Omnibus Budget
Reduction Act (COBRA) provided the employee pays
the entire cost of coverage, plus any administrative
fees, for the option selected. The entire cost of
coverage shall be paid at a place and time specified
by the County. Late payment may result in
cancellation of health plan coverage with no
reinstatement allowed.
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An employee who terminates County employment
may convert to individualhealth plan coverage, if
available, or may continue County group health plan
coverage to the extent provided under COBRA by
making premium payments to the County at a time
and place specified by the County.
18.6 Retirement Coverago. Upon , retirement,
employees may remain in the same County group
medical plan if, immediately before their retirement,
they are either active subscribers to one of the County
Health Plans or, if on authorized leave of absence
without pay, they have retained individual conversion
membership from the County plan. Upon termination
of 1st Choice Health Plan, subscribers may enroll in
any health plan, offered by Contra Costa County
effective February 1 , 1994.
18.7 Dual Coverage. If a husband and wife both
work for the County and one of them is laid off, the
remaining eligible shall be allowed to enroll or transfer
into the health coverage combination of his/her
choice.
An eligible employee who is no longer covered for
medical or dental coverage through a spouse's
coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within
thirty (30) days of the date coverage is no longer
afforded under the spouse's plan.
18.8 Child Care. The County will continue to
support the concept of non-profit child care facilities
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similar to the "Kid's at Work" program established in
the Public Works Department.
18.9 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 $2,400 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 cannot be
recovered by the employee.
18.10 PERS Lona 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 in County facilities during non-work hours
(i.e.: coffee breaks, lunch hour).
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.—Porti�.:
18.11 Deferred Retirement. Effective two (2)
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 twenty-four (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 thirty (30)
days before their separation from county
service.
3. Deferred retirees who elect continued health
benefits hereunder may maintain continuous
Appraisers Association -101- 1995 - 1999 MOU
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 eleventh (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 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 (3)
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 twenty-four (24) months after separation
from County service.
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6. Deferred retirees are required to meet the same
eligibility provisions for health/dental plans as
active/retired employees.
SECTION 19 - PROBATIONARY PERIOD
19.1 Duration. All appointments from officially
promulgated employment lists for original entrance or
promotion shall be subject to a probationary period.
This period shall be from six (6) months to two (2)
years duration.
19.2 Classes With Probation Periods Over Six (61
Months. Listed below are those classes represented
by the Association which have probation periods in
excess of six (6) months:
Appraiser Aide One (1 ) year
Junior Appraiser One (1 ) year
19.3 Revised Probationary Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be
subject to the revised probationary period.
19.4 Criteria. The probationary, period shall date
from the time of appointment to a permanent position
after certification from an eligible list. It shall not
include time served under provisional appointment or
under appointment to limited term positions or any
period of continuous leave of absence without pay or
period of work-connected disability exceeding fifteen
(15) calendar days.
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For those employees appointed to permanent-
intermittent positions with a one (1 ) year probation
period, probation will be considered completed upon
serving two thousand (2,000) hours after appointment
except that in no instance will this period be less than
one (1 ) year from the beginning of probation. if a
permanent-intermittent probationary employee is
reassigned to full time, credit toward probation
completion in the full time position shall be prorated
on the basis of one hundred seventy-three (173.33)
hours per month.
19.5 Rejection Durina (Probation. An employee
who is rejected during the probation period and
restored to the eligible list shall begin a new
probationary period if subsequently certified and
appointed.
A. Notwithstanding any other provisions of
this section, an employee (probationer)
shall have the right to appeal from any
rejection during the probationary period
based on political or religious affiliations or
opinions, Association activities, or race,
color, national origin, sex, age, disability or
sexual orientation.
B. The appeal must be written, must be
signed by the employee and set forth the
grounds and facts by which it is claimed
that grounds for appeal exist under
Subsection A and must be filed through
the Director of Human Resources to the
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Merit Board" by 5:00 p.m. on the seventh
(7t".) calendar day after the date of delivery
to the employee of notice of rejection.
C The Merit Board shall consider the appeal,
and if it finds probable cause to believe
that the rejection may have been based on
grounds prohibited in Subsection A, it may
refer the matter to a Hearing Officer for
hearing, recommended findings of fact,
conclusions of law and decision, pursuant
to the relevant provisions of the Merit
Board rules in which proceedings the
rejected probationer has the burden of
proof.
D. If the Merit Board finds no probable cause
for a hearing, it shall deny the appeal. If,
after hearing, the Merit Board upholds the
appeal, it shall direct that the appellant be
reinstated in the position and the appellant
shall begin a new probationary period
unless the Merit Board specifically
reinstates the former period.
19.6 Regular Appointment. The regular
appointment of a probationary employee shall begin
on the day following the end of the probationary
period, subject to the condition that the Director of
Human Resources receive from the appointing
authority a statement in writing that the services of the
employee during the probationary period were
satisfactory and that the employee is recommended
Appraisers Association -105- 1995 - 1999 MOU
for permanent appointment. A probationary employee
may be rejected at any time during the probation
period without regard to the Skelly provisions of this
MOU, without notice and without right of appeal or
hearing. If the appointing authority has not returned
the probation report, a probationary employee may be
rejected from the, service within a reasonable time
after the probation period for failure to pass probation.
If the appointing authority fails to submit in a timely
manner the proper written documents certifying that a
probationary employee has served in a satisfactory
manner and later acknowledges it was his or her
intention to do so, the regular appointment shall begin
on the day following the end of the probationary
period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee
had been promoted or transferred from an eligible list,
shall be restored to a position in the department from
which the employee was promoted or transferred.
An employee dismissed for other than disciplinary
reasons within six (6) months after being promoted or
transferred from a position in the Merit System to a
position not included in the Merit System shall be
restored to a position in the classification in the
department from which the employee was promoted
or transferred.
A probationary employee who has been rejected or
has resigned during probation shall not be restored to
Appraisers Association -106- 1995 - 1999 MOU
the eligible list from which the employee was certified
unless the employee receives the affirmative
recommendation from the appointing authority and is
certified by the Human Resources Director, whose
decision is final. The Director of Human Resources
shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom
the person was rejected from the same eligible list,
unless such certification is requested in writing by the
appointing authority.
19.7 Layoff During Probation. An employee who
is laid off during probation, if reemployed in the same
class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full
probationary period. An employee appointed to a
permanent position from a layoff or reemployment list
is subject to a probation period if the position is in a
department other than the department from which the
employee separated, displaced or voluntarily demoted
in lieu of layoff. An appointment from a layoff or
reemployment list is not subject to a probation period
if the position is in the department from which the
employee separated, displaced or voluntarily demoted
in lieu of layoff.
19.8 Refection During Probation of Layoff
EmploM. An employee who has achieved
permanent status in the class before layoff and who
subsequently is appointed from the layoff list and then
Appraisers Association -107- 1995- 1999 MOU
rejected during the probation period shall be
automatically restored to the layoff list, unless
discharged for cause, if the person is within the period
of layoff eligibility. The employee shall begin a new
probation period if subsequently certified and
appointed in a different department or classification
than that from which the employee was laid off.
SECTION 20 - PROMOTION
20.1 Competitive Exam. Promotion shall be - by
competitive examination unless otherwise provided in
this MOU.
20.2 Promotion Poky. The Director of Human
Resources, upon request of an appointing authority,
shall determine whether an examination is to be
called on a promotional basis.
20.3 Open Exam. If an examination for one of the
classes represented by the Association is proposed to
be announced on an open only basis, the Director of
Human Resources shall give five (5) days prior notice
of such proposed announcement and shall meet at
the request of the Association to discuss the reasons
for such open announcement.
20.4 Promotion Via Reclassification Without
Examination. Notwithstanding other provisions of
this Section, an employee may be promoted from one
classification to a higher classification and his position
reclassified at the request of the appointing authority
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and under the following conditions:
A. An evaluation of the position(s) in question
must show that the duties and responsibilities
have significantly increased and constitute a
higher level of work.
B. The incumbent of the position must have
performed at the higher level for one (1 ) year.
C. The incumbent must meet the minimum
education and experience requirements for the
higher class.
D. The action must have approval of the Human
Resources Director.
E. The Association approves such action.
The appropriate rules regarding probationary status
and salaryon promotion are applicable.
20.5 Requirements for Promotional Standing. In
order to qualify for an examination called on a
promotional basis, an employee must have
probationary or permanent status in the merit system
and must possess the minimum qualifications for the
class. Applicants will be admitted to promotional
examinations only if the requirements are met on or
before the final filing date. If an employee who is
qualified on a promotional employment list is
separated from the merit system, except by layoff, the
employee's name shall be removed from the promo-
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tional list.
20.6 Seniority Credits. Employees who have
qualified to take promotional examinations and who
have earned a total score, not including seniority
credits, of seventy percent (70%) or more, shall
receive, in addition to all other credits, five one-
hundredths of one' percent (.05%) for each completed
month of service as a permanent County employee
continuously preceding the final date for filing
application for said examination. For purposes of
seniority credits, leaves of absence shall be
considered as service. Seniority credits shall be
included in the final percentage score from which the
rank on the promotional list is determined. No
employee, however, shall receive more than a total of
five percent (5%) credit for seniority in any
promotional examination.
20.7 Physical Examination. County employees
who are required as part of the promotional
examination process to take a physical examination
shall do so on County time at County expense.
SECTION 21 - TRANSFER
21 .1 Conditions. The following conditions are
required in order to qualify for transfer:
A. The position shall be in the same class, or if in
a different class, shall have been determined
by the Director of Human Resources to be
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appropriate for 5' transfer on the basis of
minimum qualifications and qualifying
procedure;
B. the employee shall have permanent status in
the merit system and shall be in good standing;
C. the appointing authority or authorities involved
in the transaction shall have indicated their
agreement in writing;
D. the employee concerned shall have indicated
agreement to the change in writing;
E. the Director of Human Resources shall have
approved the change.
Notwithstanding the foregoing, transfer may also be
accomplished through the regular appointment
procedure provided that the individual desiring
transfer has eligibility on a list for a class for which
appointment is being considered.
21 .2 Procedure. Any employee or appointing
authority who desires to initiate a transfer may inform
the Director of Human Resources in writing of such
desire stating the reasons therefore. The Director of
Human Resources shall, if he or she considers that
the reasons are adequate and that the transfer will be
for the good of the County service and the parties
involved, inform the appointing authority or authorities
concerned and the employee of the proposal and may
take the initiative in accomplishing the transfer.
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The County will provide the Association with a list of
administrative/personnel officers of each County
department. It is the responsibility of employees to
contact County departments and inform them of their
desire to transfer. Employees who transfer from one
department to another shall serve a three (3) month
probationary period.
SECTION 22 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded
to the Human Resources Department by the
appointing authority immediately on receipt, and shall
indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the
appointing authority in writing to the employee and to
the Human Resources Department and shall indicate
the effective date of termination.
22.1 Resignation in Good Standing. A
resignation giving the appointing authority written
notice at least two (2) weeks in advance of the last
date of service (unless the appointing, authority
requires a longer period of notice, or consents to the
employee's terminating on shorter notice) is a
resignation in good standing.
22.2 Constructive Resionation. A constructive
resignation occurs and is effective when:
A. An employee has been absent from duty for
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five (5) consecutive working days without
leave; and
B. five (5) more consecutive working days have
elapsed without response by the employee
after the mailing of a notice of resignation by
the appointing authority to the employee at the
employee's last known address.
22.3 Effective Resignation. A resignation is
effective when delivered or spoken to the appointing
authority, operative either on that date or another date
specified.
22.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the
employee and the appointing authority.
22.5 Coerced Resignations.
A. Time Limit. A resignation which the
employee believes has been coerced by
the appointing authority may be revoked
within seven (7) calendar days after its
expression by serving written notice on the
Director of Human Resources and a copy
on the appointing authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could
have believed that the resignation was
coerced, it shall be revoked and the
employee returned to duty effective on the
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day following the appointing authority's
acknowledgment without loss of seniority
or pay.
C. Contest. Unless, within seven (7) days of
the receipt of the notice, the appointing
authority acknowledges that the
resignation could have been believed to be
coerced, this question should be handled
as an appeal to the Merit Board. In the
alternative, the employee may file a written
election with the Director of Human
Resources waiving the employee's right of
appeal to the Merit Board in favor of the
employee's appeal rights under the
grievance procedure contained in Section
24 of this MOU, beginning with Step 3.
D. Disposition. If a final decision is rendered
that determines that the resignation was
coerced, the resignation shall be deemed
revoked and the employee returned to
duty effective on the day following the
decision but without loss of seniority or
pay, subject to the employee's duty to
mitigate damages.
SECTION 23 - DISMISSAL, SUSPENSION.
DEMOTION & REDUCTION IN SALARY
23.1 Cause for Disci linary Action. The
appointing authority may dismiss, suspend, demote or
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reduce in salary, any employee for cause. Reduction
in salary shall neither exceed five percent (5%) of the
employee's base salary nor extend for a period of
more than three (3) months. The following are
sufficient causes for such action (the list is indicative
rather than inclusive of restrictions and dismissal,
suspension, demotion, or reduction in salary may be
based on reasons other than those specifically
mentioned):
A. absence without leave,
B. conviction of any criminal act involving moral
turpitude,
C. conduct tending to bring the merit system into
disrepute,
D. disorderly or immoral conduct,
E. incompetence or inefficiency,
F. insubordination,
G. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or
drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
H. neglect of duty, i.e. non-performance of
properly assigned responsibilities,
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I. negligent or willful damage to public property or
waste of public supplies or equipment,
J. violation of any lawful or reasonable regulation
or order given by a supervisor or Department
Head,
K. willful violation of any of the provisions of the
Merit System Ordinance or Personnel
Management Regulations,
L. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment,
M. misappropriation of County funds or property,
N. unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam
and/or treatment authorized by this MOU,
O. dishonesty or theft,
P. excessive or unexcused absenteeism and/or
tardiness.
Q. sexual harassment, including but not limited to
unwelcome sexual advances, requests for
sexual favors, and other verbal or physical
conduct of a sexual nature, when such conduct
has the purpose or effect of affecting
employment decisions concerning an
individual, or unreasonably interfering with an
Appraisers Association -116- 1995 - 1999 MOu
individual's work` 'performance, or creating an
intimidating and hostile::work environment.
23.2 Skelly Requirements. Before taking a
disciplinary action to dismiss, suspend for more than
five (5) work days (four (4) work days for employees
on "4-10" work week), or demote an employee, the
appointing authority shall cause to be served
personally or by certified mail, on the employee, a
Notice of Proposed Action, which shall contain the
following:
A. A statement of the action proposed to be taken;
B. A copy of the charges, including the acts or
omissions and grounds upon which the action
is based.;
C. If it is claimed that the employee has violated a
rule or regulation of the County, department or
district, a copy of said rule shall be included
with the notice;
D. A statement that the employee may review and
request copies of materials upon which the
proposed action is based;
E. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
23.3 Employee Res n e. The employee upon
whom a Notice of Proposed Action has been served
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shall have seven (7) calendar days to respond to the
appointing authority either orally or in writing before
the proposed action may be taken. Upon request of
the employee and for good cause, the appointing
authority may extend in writing the period to respond.
If the employee's response is not filed within seven
(7) days or during any extension, the right to respond
is lost.
23.4 Leave Pending Employee Response.
Pending response to a Notice of Proposed Action
within the first seven (7) days or extension thereof, the
appointing authority, for cause specified in writing,
may place the employee on temporary leave of
absence, with pay.
23.5 Length of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered
by an arbitrator, an adjustment board or the Merit
Board.
23.6 Procedure on Dismissal, Suspensions
Reduction in Pay, or Demotion.
A. In any disciplinary action to dismiss,
suspend, reduce the pay of or demote an
employee having permanent status in a
position in the merit system, after having
complied with the Skelly requirements
where applicable, the appointing authority
shall make an order in writing stating
specifically the causes for the action.
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B. Said order of dismissal, suspension or
demotion shall be filed with the Director of
Human Resources, showing by whom and
the date a copy was served upon the
employee to be dismissed, suspended,
reduced in pay or demoted, either
personally or by certified mail, to the
employee's ' last known mailing address.
The order shall be effective either upon
personal service or deposit in the U. S.
Postal Service.
C. The employee may appeal an order of
dismissal, suspension, temporary reduction
in pay or demotion either to the Merit Board
or through the procedures of Section 24 -
Grievance Procedure of this MOU provided
that such appeal is filed in writing with the
Human Resources Director within ten (10)
calendar days after service of said order.
An employee may not both appeal to the
Merit Board and file a grievance under
Section 24 of this MOU.
23.7 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.
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SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition and Procedural Step. A
grievance is any dispute which involves the
interpretation or application of any provision of this
MOU excluding, however, those provisions of this
MOU which specifically provide that the decision of
any County official shall be final, the interpretation or
application of those provisions not being subject to the
grievance procedure. The Association may represent
the grievant at any stage of the process. Grievances
must be filed within thirty (30) days of the incident or
occurrence about which the claims to have a
grievance and shall be processed in the following
manner:
�te1 . Any employee or group of employees who
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment
shall discuss the complaint with the grievant's
immediate supervisor, who shall meet with the
grievant within five (5) days of receipt of a written
request to hold such meeting.
t 2. If a grievance is not satisfactorily resolved in
Step 1 above, the grievant may submit the grievance
in writing within ten (10) work days to such
management official as the Department Head may
designate. This formal written grievance shall state
which provision of the MOU has been misinterpreted
or misapplied, how misapplication or misinterpretation
has affected the grievant to the grievant's detriment,
and the redress the grievant seeks. A copy of each
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written communication o`n a grievance shall be filed
with the Director , of Human Resources. The
Department Head or his or her designee shall have
ten (10) work days in which to respond to the
grievance in writing.
Ste�3_. If a grievance is not satisfactorily resolved in
Step 2 above, the grievant may appeal in writing
within ten (10) work days to the Human Resources
Director. The Human Resources Director or his or her
designee shall have twenty (20) work days in which to
investigate the merit of the complaint and to meet with
the Department Head and the grievant and attempt to
settle the grievance and respond in writing.
Ste�4. No. grievance may be processed under this
Section which has not first been filed and investigated
in accordance with Step 3 above and filed within ten
(10) work days of the written response of the Human
Resources Director or his/her designee. If the parties
are unable to reach a mutually satisfactory accord on
any grievance which arises and is presented during
the term of this MOU, such grievance shall be
submitted in writing to an Adjustment Board
comprised of three (3) Association representatives, no
more than two (2) of whom shall be either an
employee of the County or an elected or appointed
official of the Association presenting this grievance,
and three (3) representatives of the County, no more
than two (2) of whom shall be either an employee of
the County or a member of the staff of an organization
employed to represent the County in the meeting and
conferring process. Where the parties agree, the
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Adjustment Board may be comprised of two (2)
Association representatives and two (2) County
representatives. The Adjustment Board shall meet
within twenty (20) work days of receipt of the written
request and render a decision. If the County fails to
meet the time limits specified in Step 4 and the
grievant demands .in writing that an Adjustment Board
be convened, the County will convene an Adjustment
Board within ten (10) work days or the grievance will
move to arbitration upon demand.
Ste�S. If an Adjustment Board is unable to arrive at a
majority decision, either the grievant or the County
may require that the grievance be referred to an
impartial arbitrator who shall be designated by mutual
agreement between the grievant and the Human
Resources Director. Such request shall be submitted
within twenty (20) work days of the rendering of the
Adjustment Board decision. Within twenty (20) days
of the request for arbitration the parties shall mutually
select an arbitrator who shall render a decision within
thirty (30) work days from the date of final submission
of the grievance including receipt of the court
reporter's transcript and post-hearing briefs, if any.
The fees and expenses of the arbitrator and of the
Court Reporter shall be shared equally by the grievant
and the County. Each party, however, shall bear the
costs of its own presentation, including preparation
and post hearing briefs, if any.
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24.2 Scope of Adiustment Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and
arbitrators on matters properly before them
shall be final and binding on the parties
hereto, to the extent permitted by law.
B. No Adjustment Board and no arbitrator
shall entertain, hear, decide or make
recommendations on any dispute unless
such dispute involves a position in a unit
represented by the Association which has
been certified as the recognized employee
organization for such unit and unless such
dispute falls within the definition of a
grievance as set forth in Subsection 24.1
above.
C. Proposals to add to or change this MOU or
to change written agreements
supplementary hereto shall not be
arbitrable and no proposal to modify,
amend or terminate this MOU, nor any
matter or subject arising out of or in
connection with such proposals, may be
referred to arbitration under this Section.
Neither any Adjustment Board nor any
arbitrator shall have the power to amend or
modify this MOU or written agreements
supplementary hereto or to establish any
new terms or conditions of employment.
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D. If the Human, Resources Director, in
pursuance of the procedures outlined in
Step 3 above, or the Adjustment Board in
pursuance of the provisions of Step 4
above, resolve a grievance which involves
suspension or discharge, they may agree
to payment for lost time or to reinstatement
with or without payment for lost time.
E. No change in this MOU or interpretations
thereof (except interpretations resulting
from Adjustment Boards or arbitration
proceedings hereunder) will be recognized
unless agreed to by the County and the
Association.
24.3 Time Limits. The time limits specified above
may be waived by mutual agreement of the parties to
the grievance. If the County fails to meet the time
limits specified in Steps 1 through 3 above, the
grievance will automatically move to the next step. If
a grievant fails to meet the time limits specified in
Steps 1 through 5 above, the grievance will be
deemed to have been settled and withdrawn.
24.4 Association Notification. An official with
whom a formal grievance is filed by a grievant who is
included In a unit represented by the Association,
shall give the Association a copy of the grievance.
24.5 Compensation Complaints. All complaints
involving or concerning the payment of compensation
shall be initially filed in writing with the Human
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Resources Director. Only complaints which allege
that employees . .are not being compensated in
accordance with the provisions of this MOU shall be
considered as grievances. Any other matters of
compensation are to be resolved in the meeting and
conferring process, if not detailed in the MOU which
results from such meeting and conferring process
shall be deemed ' withdrawn until the meeting and
conferring process is next opened for such
discussion. No adjustment shall be retroactive for
more than two (2) years from the date upon which the
complaint was filed.
No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
Board or arbitration proceedings hereunder) will be
recognized unless agreed to by the County and the
Association.
24.6 StrikeMork Stoppage.age. During the term of
this MOU, the Association, its members and
representatives, agree that it and they will not engage
in, authorize, sanction or support any strike,
slowdown, stoppage of work, sickout or refusal to
perform customary duties.
In the case of a legally-declared lawful strike against a
private or public sector employer which has been
sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket
line, provided the employee advises his or her
supervisor as soon as possible, and provided further
Appraisers Association -125- 1995 - 1999 MOU
that an employee may be required to cross a picket
line where the performance .of his or her duties is of
an emergency nature and/or failure to perform such
duties might cause or aggravate a danger to public
health or safety.
24.7 Merit Board.
A. All grievances of employees in
representation units represented by the
Association shall be processed under
Section 24 unless the employee elects to
apply to the Merit Board on matters within
its jurisdiction.
B. No action under Steps 1 , 2 and 3 of
Subsection 24.1 above shall be taken if
action on the complaint or grievance has
been taken by the Merit Board, or if the
complaint or grievance is pending before
the Merit Board.
24.8 Filing by Association. The Association may
file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator
or the Board of Supervisors violates a provision of this
MOU.
SECTION 25 - RETIREMENT
25.1 Contribution. Pursuant to Government Code
Section 31581 .1 , the County will continue to pay fifty
Appraisers Association -126- 1995 - 1999 MOu
-V;�a
percent (50%) of the retirement contributions normally
required of employees. Such payments shall continue
for the duration of this MOU, and shall terminate
thereafter. Employees shall be responsible for
payment of the employees' contribution for the
retirement cost-of-living program, as determined by
the Board of Retirement of the Contra Costa County
Employees' Retirement Association, without the
County paying any part of the employee's share. The
County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
25.2 Tier III. 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
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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 . 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
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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 (12) and each twelfth (12th)
shall be augmented by an amount equal to
the County's common pooled fund interest
which would have accrued if one (1 ) twelfth
(12th) had been invested in the first month of
the past year, two (2) twelfths (12ths) 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
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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 11 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.
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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
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for the period covering October 1 , 1997 through
such termination date, without interest, in lieu of
the Tier III Retirement Plan.
SECTION 26 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall
govern reimbursement for training and shall limit
reimbursement for career development training to two
hundred seventeen dollars ($217) per semester or
one hundred sixty two dollars and fifty cents ($162.50)
per quarter, not to exceed six hundred fifty dollars
($650) per year. Effective July 1 , 19969
reimbursement under the above limits for the cost of
books for career development shall be allowable.
SECTION 27 - MILEAGE
The mileage allowance for use of personal vehicles
on County business shall be two cents ($.02) per mile
above the Internal Revenue Service base rate. The
base rate shall be adjusted to reflect changes in this
rate on the date it becomes effective or the first of the
month following announcement of the changed rate
by the Internal Revenue Service, whichever is later.
SECTION 28 - PERSONNEL FILES
An employee shall have the right to inspect and
review any official record(s) relating to his or her
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performance as an employee, or to a grievance
concerning the employee which is kept or maintained
by the County in the employee's personnel history
folder on file in the Human Resources Department.
The contents of such records shall be made available
to the employee for inspection and review at
reasonable intervals during the regular business hours
of the County.
The County shall provide an opportunity for the
employee to respond in writing to any information
which is in the employee's personnel file about which
he or she disagrees. Such response shall become a
permanent part of the employee's personnel record.
The employee shall be responsible for providing the
written responses to be included as part of the
employee's permanent personnel record.
This section does not apply to the records of an
employee relating to the investigation of a possible
criminal offense, medical records and information or
letter of reference.
Employees have the right to review their official
personnel files, which are maintained in the Human
Resources Department or by their department. In a
case involving a grievance or disciplinary action, the
employee's designated representative may also
review his/her personnel file with specific written
authorization from the employee.
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SECTION 29 = REIMB RSEMENT FOR MEAL
EXPENSES
Employees shall be reimbursed for meal expenses
under the following circumstances and in the amount
specified:
A. When the employee is required by his/her
Department Head to attend a meeting
concerning County business or County affairs;
B. When the employee is required to be out of
his/her regular or normal work area during a
meal hour because of a particular work
assignment;
C. When the employee is required to stay over to
attend consecutive or continuing afternoon and
night sessions of a board or commission.
D. When the employee is required to incur
expenses as host for official guests of the
County, work as a member of an examining
board, official visitors, and speakers or honored
guests at banquets or other official functions;
E. When the employee is required to work three
(3) or more hours of overtime; in this case he
or she may be reimbursed in accordance with
the Administrative Bulletin on Expense
Reimbursement.
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Meal costs will be reimbursed only when eaten away
from home or away from the facility in the case of
employees at 24-hour institutions.
Procedures and definitions relative to reimbursement
for meal expenses shall be in accordance with the
Administrative Bulletin on Expense Reimbursement.
SECTION 30 - FLEX-TIME
It is understood that Resolution No. 75/1037
pertaining to flex-time may be applied to the Property
Appraisers' Unit as well as other County employees.
Nothing contained in this MOU prohibits the
Department Head from implementing a flex-time
system for employees in the Property Appraisers' unit.
The Department Head, prior to implementation, shall
discuss the implementation of any flex-time system
involving employees represented by the Appraisers'
Association with the Association. Then the
department shall determine if said flex-time is feasible
following a trial period and then shall submit the plan
to the County Administrator for approval. Upon written
request to the Labor Relations Manager, the
Appraisers' Association may request to meet with the
Department Head for the purpose of proposing an
alternate flexible work schedule.
SECTION 31 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request
Appraisers Association -135- 1995 - 1999 MOU
for personnel to fill a position in a class for which no
reemployment or employment list is available, or in a
class for which no eligible or insufficient eligibles to
complete the 'certification will accept appointment to
the position, the Director of Human Resources may
authorize the appointing authority to appoint any
person who possesses the minimum qualifications for
the class as set ' forth in the class specifications,
provided that the names of eligibles available and the
names of persons who have indicated the intention to
take the next examination for the class shall be
referred to the appointing authority at the time
authorization is issued.
In no case shall a permanent position be filled by a
provisional appointment for a period exceeding six (6)
calendar months, except under the following
conditions:
A. If an examination has been announced for the
class and recruitment of applicants is in
process, the Director of Human Resources
may authorize a continuation of provisional
appointments until an eligible list is established;
and
B. In the case of a provisional appointment to a
permanent position vacated by a leave of
absence, such provisional appointment may be
continued for the duration of said leave.
A provisional appointment shall be terminated within
thirty (30) days after the date of certification of
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eligibles from an appropriate eligible list.
All decisions of the Director of Human Resources
relative to provisional appointments are final and not
subject to the grievance procedure.
SECTION 32 - UNFAIR LABOR PRACTICE
Either the County or the Association 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.
SECTION 33 - LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals)
The length of service credits of each employee of the
County shall date from the beginning of the last period
of continuous County employment (including
temporary, provisional and permanent status, and
absences on approved leave of absence). When an
employee separates from a permanent position in
good standing and within two (2) years is reemployed
in a permanent County position, or is reemployed in a
permanent County position from a layoff list within the
period of layoff eligibility, service credits shall include
all credits accumulated at time of separation, but shall
not include the period of separation. The Human
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Resources Director shall determine these matters
based on the employee status records in his
department.
SECTION 34 - PERM. PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated
vacation and sick leave benefits. They are eligible for
health, dental and life insurance benefits at
corresponding premium rates providing they work at
least fifty percent (50%) of full time. If the employee
works at least fifty percent (50%) of full time, County
retirement participation is also included.
SECTION 35 - PERSONAL PROPERTY
REIMBURSEMENT
The loss or damage to personal property of
employees is subject to reimbursement under the
following conditions:
A. The loss or damage must result from an event
which is not normally encountered or
anticipated on the job and which is not subject
to the control of the employee.
B. Ordinary wear and tear of personal property
used on the job is not compensated.
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C. Employee tools or equipment provided without
the express approval of the Department Head
and automobiles are excluded from
reimbursement.
D. The loss or damage must have occurred in the
line of duty. ,
E. The loss or damage was not a result of
negligence or lack of proper care by the
employee.
F. The personal property was necessarily worn or
carried by the employee in order to adequately
fulfill the duties and requirements of the job.
G. The loss or damage to employee's eyeglasses,
dentures or other prosthetic devices did not
occur simultaneously with a job-connected
injury covered by Workers' Compensation.
H. The amount of reimbursement shall be limited
to the actual cost to repair , damages.
Reimbursement for items damaged beyond
repair shall be limited to the actual value of the
item at the time of loss or damage but not more
than the original cost.
I. The burden of proof of loss rests with the
employee.
J. Claims for reimbursement must be processed
in accordance with the Administrative Bulletin
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on Compensation for Loss or Damage to
Personal Property.
SECTION 36 - PERMANENT-INTERMITTENT
EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for
prorated vacation and sick leave benefits.
SECTION 37 - PERMANENT-INTERMITTENT
EMPLOYEES HEALTH PLAN
A permanent-intermittent employee represented by
Contra Costa County Appraisers' Association may
participate in the County Group Health Plan of
medical, dental and life insurance coverage wholly at
the employee's expense. The County will not
contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly
premium appropriately and punctually. Failure to
meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health
Plan and reinstatement may only be effectuated
during the annual open enrollment period.
SECTION 38 - PROVISIONAL EMPLOYEE
BENEFITS
Provisional employees who are not permanent
employees of the County immediately prior to their
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provisional appointment are eligible for vacation and
sick leave benefits.
Provisional employees may participate in the County
Group Health Plan of medical, dental and life
insurance coverage wholly at the employee's
expense. The County will not contribute to the
employee's monthly premium. The employee will be
responsible for paying the monthly premium
appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the
annual open enrollment period.
SECTION 39 - EDUCATIONAL INCENTIVE
Effective March 1 , 1994 classes represented by the
Association will be entitled to a salary differential of
one and one-half percent (1 .5%) of base pay or a
minimum of fifty dollars ($50) per month, whichever is
greater, for possession of a certification for
educational achievement from at least one of the
following:
1 . American Institute of Real Estate Appraisers-
Residential Member (RM) designation;
2. State Board of Equalization-Advanced
Appraiser certification;
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3. International Association of Assessing Officers
- Residential Evaluation Specialist (RES);
4. Society.of Auditor Appraisers - Master Auditor-
Appraiser (MAA) designation;
5. Society of Real Estate Appraisers - Senior
Residential Appraiser (SRA) designation;
6. Any other certification approved by the County
Assessor and the Director of Human
Resources.
SECTION 40 - SPECIAL STUDIES. ETC,
A. Evaluations. In response to proposals by
several employee organizations, the County agrees to
meet with labor representatives to discuss a County-
wide performance system/process, but not a County-
wide performance evaluation form.
B. Attendance Program. There shall be convened
a Labor-Management Committee to develop an
attendance program for County employees.
C. Bi-Weekly Pay. 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
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payroll system which `are within the scope of
bargaining and/or 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
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.
D. 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.
E. 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
Appraisers Association -143- 1995 - 1999 MOU
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
Appraisers Association -144- 1995 - 1999 MOU
consideration.
F. 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.
G. Flex Time. After the annual assessment rolls
have been processed, the Assessor will consider
continuation of the annual 4/10 summer schedule,
which begins July 1St of each year.
H. Ergonomics. The Assessor agreed to conduct an
ergonomic/safety study of work areas to be completed
by December 1997. Any enhancements will be made
in accordance with the provisions of Administrative
Bulletin 426.
I. Vacations. Upon Closing of the assessment roll
in July 1997, the Assessor, or his designee, will meet
with the Association to discuss a change in the
vacation policy in relation to the current
limitations/restrictions.
Appraisers Association -145- 1995 - 1999 MOU
SECTION 41 - ADOPTfON
The provisions of this MOU shall be made applicable
on the dates, indicated and upon approval by the
Board of Supervisors. Resolutions and Ordinances,
where necessary, shall be prepared and adopted in
order to implement these provisions. It is understood
that where it is 'determined that an Ordinance is
required to implement any of the foregoing provisions,
said provisions shall become effective upon the first
day of the month following thirty (30) days after such
Ordinance is adopted.
SECTION 42 - SCOPE AGREEMENT AND
SEPARABILITY OF PROVISION
42.1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU fully and
completely incorporates the understanding of the
parties hereto and constitutes the sole and entire
agreement between the parties in any and all matters
subject to meet and confer. Neither party shall, during
the term of this MOU demand any change herein,
provided that nothing herein shall prohibit the parties
from changing the terms of this MOU by mutual
agreement.
42.2 Separability of Provisions. Should any
section, clause or provision of this MOU be declared
illegal, unlawful, or unenforceable, by final judgment
of a court of competent jurisdiction, such invalidation
of such section, clause or provision shall not
Appraisers Association -146- 1995 - 1999 MOU
invalidate the remaining portions hereof, and such
remaining portions shall remain in full force and effect
for the duration of this MOU.
42.3 Personnel Manaaement Reaulations.
Where a specific provision contained in a section of
this MOU conflicts with a specific provision contained
in a section of the Personnel Management
Regulations, the provision of this MOU shall prevail.
Those provisions of the Personnel Management
Regulations within the scope of representation which
are not in conflict with the provisions of this MOU and
those provisions of the Personnel Management
Regulations which are not within the scope of
representation shall be considered in full force and
effect.
42.4 Duration of Agreement. This Agreement
shall continue in full force and effect from October 1 ,
1995 to and including September 30, 1999. Said
Agreement shall automatically renew from year to
year thereafter unless either party gives written notice
to the other prior to sixty (60) days from the aforesaid
termination date of its intention to amend, modify or
terminate the Agreement.
SECTION 43 - PAST PRACTICES & EXISTING
MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices
not specifically authorized by ordinance or by
resolution of the Board of Supervisors is not
Appraisers Association -147- 1995 - 1999 mou
guaranteed by this MOU; provided, however, that
beginning with the effective date of ,this 'MOU, the
Association may claim a violation of a past practice. If
the Association can demonstrate that such past
practice exists by virtue of having been acknowledged
and agreed to by Management and representatives of
the Association, or by employees represented by the
Association who reach agreement with a Department
Head on a specific policy covering a group of
employees such as a reassignment policy, the alleged
violation of said past practice will be subject to the
grievance procedure. Those practices which have
been agreed to by Management and not approved by
the Department Head must be confirmed and
approved by the Department Head. within six (6)
months from the below execution date of this MOU in
order to be considered a past practice pursuant to this
provision.
DATE: ( 2 1c) -7
CONTRA COSTA COUNTY APPRAISERS'
ASSOCIATION
� - L
Appraisers Association -148- 1995 - 1999 MOU
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla., and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
Subject:
Approval of the 1995-1999 Memorandum )
of Understanding with Western Council of )
Engineers 1 Resolution No. 97/ 675
The Contra Costa Board of Supervisors.RESOLVES THAT:
1. On ..December 3, 1996 the Labor Relations Manager submitted a letter of Understanding
dated November 21 , 1996 which reflected negotiated agreements reached between the
parties on terms and conditions of employment affecting employees represented by
Western Council of Engineers.
2. The Memorandum of Understanding with Western Council of Engineers incorporating the
agreed-upon terms and conditions mentioned above is attached.
3. This Board having considered said Memorandum of Understanding, the same is approved.
4. If an Ordinance(s) is required to implement any of the foregoing provisions, the Board of
Supervisors will adopt said Ordinance(s).
5. This Resolution is effective as of October 1, 1995.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED December 16, 1997
Phil Batchelor,Clerk of the Board of
Supervisors and
County Administrator
By Deputy
Orig Dept: Human Resources Department (Kathy Ito at 5-1785)
cc: Labor Relations Unit
Human Resources Department Staff
Auditor-Controller's Office
Western Council of Enginee! '
f
f
WESTERN COUNCIL OF ENGINEERS
TABL' E OF CONTENTS
DEFINITIONS ................................................................... 2
SECTION 1 COUNCIL RECOGNITION ......................... 6
SECTION 2 COUNCIL SECURITY
2.1 Dues Deduction................................................ 6
2.2 Communicating With Employees ..................... 7
2.3 Use of County Buildings ................................... 9
2.4 Advance Notice .............................................. 10
2.5 Written Statement for New Employees .......... 10
2.6 Distribution of Materials.................................. 11
2.6 Section 11 'of 1977-79 MOU ........................... 11
SECTION 3 NO DISCRIMINATION .............................. 11
SECTION 4 OFFICIAL COUNCIL REPRESENTATIVES
4.1 Attendance at Meetings ................................. 12
4.2 Council Representatives ................................ 14
SECTION 5 SALARIES
5.1 General Wage Increases................................ 14
5.2 Entrance Salary.............................................. 15
5.3 Anniversary Dates .......................................... 15
5.4 Increments Within Range ............................... 17
5.5 Part-Time Compensation ............................... 18
5.6 Compensation for Portion of Month................ 18
5.7 Position Reclassification................................. 19
5.8 Salary Reallocation & Salary on Reallocation 19
5.9 Salary on Promotion....................................... 21
5.10 Salary on Appointment From a Layoff List ..... 22
5.11 Salary on Involuntary Demotion ..................... 23
5.12 Salary on Voluntary Demotion........................ 23
5.13 Transfer.......................................................... 24
5.14 Pay for Work in Higher Classification ............. 25
5.15 Payment......................................................... 27
5.16 Pay Warrant Errors ........................................ 28
SECTION 6 DAYS & HOURS OF WORK .................... 29
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime ........................................................ 29
7.2 Compensatory Time....................................... 30
7.3 Fair Labor Standards Act Provisions .............. 34
SECTION 8 CALL BACK TIME.................................... 35
SECTION 9 ON-CALL DUTY ....................................... 35
SECTION 10 SHIFT DIFFERENTIAL............................. 35
SECTION 11 SENIORITY, WORKFORCE REDUCTION
LAYOFF & REASSIGNMENT
11 .1 Workforce Reduction...................................... 36
11 .2 Separation Through Layoff............................. 39
11 .3 Notice ............................................................. 46
11 .4 Special Employment Lists .............................. 46
11 .5 Reassignment of Laid Off Employees ............ 46
11 .6 Further Study ................................................. 47
SECTION 12 HOLIDAYS
12.1 Holidays Observed ......................................... 47
12.2 Application of Holiday Credit .......................... 48
12.3 Permanent Part-Time Employees .................. 50
12.4 4/10 Shift Holidays ......................................... 50
12.5 9/80 Shift Holidays ......................................... 50
12.6 Accrual of Holiday Time & Credit ................... 51
SECTION 13 VACATION
13.1 Vacation Allowance........................................ 52
13.2 Vacation Accrual Rates .................................. 53
13.3 Bridging of Service ......................................... 54
13.4 Accrual During Leave Without Pay................. 54.
13.5 Vacation Allowance for Separated Employees54
13.6 Preference...................................................... 54
13.7 Vacation Leave on Reemployment from a
LayoffList....................................................... 54
SECTION 14 SICK LEAVE
14.1 Purpose.......................................................... 55
14.2 Credits to & Charges Against Sick Leave....... 55
14.3 Policies Governing Use of Paid Sick Leave ... 56
14.4 Administration of Sick Leave .......................... 62
14.5 Disability......................................................... 65
14.6 Workers' Compensation ................................. 71
14.7 Coordination of Benefits ................................. 75
14.8 Accrual During Leave Without Pay................. 75
14.9 Disability Insurance Review Committee ......... 75
14.10 Sick Leave Coalition....................................... 75
14.11 Confidentiality of Information/Records............ 75
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design ............................................. 76
15.2 Operation ....................................................... 76
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay ......................................... 79
16.2 General Administration - Leaves of Absence . 79
16.3 Furlough Days Without Pay............................ 81
16.4 Military Pay..................................................... 82
16.5 Family Care Leave or Medical Leave ............. 83
16.6 Intermittent Use of Leave ............................... 84
16.7 Aggregate Use for Spouse ............................. 85
16.8 Definitions ...................................................... 85
16.9 Pregnancy Disability Leave ............................ 88
16.10 Group Health Plan Coverage ......................... 88
16.11 Leave Without Pay - Use of Accruals ............. 89
16.12 Leave of Absence Replacement &
Reinstatement ................................................ 91
16.13 Reinstatement From Family Care Medical
- « -
Leave ............................................................. 91
16.14 Salary Review While on Leave of Absence.... 92
16.15 Unauthorized Absence ................................... 92
16.16 Non-Exclusivity............................................... 92
SECTION 17 JURY DUTY AND WITNESS DUTY ......... 92
SECTION 18 HEALTH AND WELFARE, LIFE AND
DENTAL CARE
18.1 County Programs ........................................... 96
18.2 Rate Information............................................. 96
18.3 Medicare Rates .............................................. 97
18.4 Partial Month .................................................. 97
18.5 Coverage During Absences ........................... 98
18.6 Retirement Coverage ..................................... 99
18.7 Dual Coverage ............................................... 99
18.8 Health Care Spending Account .................... 100
18.9 PERS Long Term Care ................................ 100
18.10 Deferred Retirement..................................... 101
18.11 Child Care .................................................... 103
SECTION 19 PROBATIONARY PERIOD
19.1 Duration ....................................................... 103
19.2 Revised Probationary Period........................ 103
19.3 Criteria ......................................................... 103
19.4 Rejection During Probation .......................... 104
19.5 Regular Appointment ................................... 106
19.6 Layoff During Probation................................ 107
19.7 Rejection During Probation of Layoff
Employee
..................................................... 108
SECTION 20 PROMOTION
20.1 Competitive Exam ........................................ 108
20.2 Promotion Policy .......................................... 108
20.3 Open Exams ................................................ 109
20.4 Promotion Via Reclassification Without
Examination ................................................. 109
20.5 Requirements for Promotional Standing....... 110
20.6 Seniority Credits........................................... 110
20.7 Physical Examinations ................................. 111
SECTION 21 TRANSFER
21 .1 Conditions .................................................... 111
21 .2 Procedure..................................................... 112
SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing...................... 113
22.2 Constructive Resignation ............................. 1 .13
22.3 Effective Resignation ................................... 113
22.4 Revocation ................................................... 114
22.5 Coerced Resignations .................................. 114
SECTION 23 DISMISSAL, SUSPENSION, TEMPORARY
REDUCTION IN PAY AND DEMOTION
23.1 Sufficient Cause for Action ........................... 115
23.2 Skelly Requirements .................................... 117
23.3 Employee Response .................................... 118
23.4 Leave Pending Employee Response ........... 118
23.5 Length of Suspension .................................. 119
23.6 Procedure on Disciplinary Action ................. 119
23.7 Weingarten Rights........................................ 120
SECTION 24 GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps................... 120
24.2 Scope of Adjustment Board and Arbitration
Decisions...................................................... 123
24.3 Time Limits................................................... 125
24.4 Council Notification ...................................... 125
24.5 Compensation Complaints ........................... 125
24.6 Strike/Work Stoppage .................................. 126
24.7 Merit Board................................................... 126
24.8 Filing by Council ........................................... 127
SECTION 25 RETIREMENT
25.1 Contribution .................................................. 127
25.2 Tier III ........................................................... 128
SECTION 26 TRAINING REIMBURSEMENT .............. 133
- Vii -
SECTION 27 MILEAGE REIMBURSEMENT ............... 133
SECTION 28 PERSONNEL FILES............................... 134
SECTION 29 PROFESSIONAL DEVELOPMENT
29.1 Professional Development Reimbursement . 135
29.2 Continuing Education Allowance .................. 137
29.3 Professional Examination Time Off.............. 138
SECTION 30 FLEX-TIME ............................................. 138
SECTION 31 BOOK REIMBURSEMENT..................... 139
SECTION32 SAFETY SHOES & PRESCRIPTION
SAFETY EYEGLASSES.......................... 139
SECTION 33 SERVICE AWARDS ............................... 140
SECTION 34 REIMBURSEMENT FOR MEAL
EXPENSES............................................. 140
SECTION 35 PERSONAL PROPERTY
REIMBURSEMENT ................................ 141
SECTION 36 LENGTH OF SERVICE DEFINITION ..... 143
- Viii -
SECTION 37 PERMANENT PART-TIME EMPLOYEE
BENEFITS .............................................. 143
SECTION 38 PERMANENT-INTERMITTENT EMPLOYEE
BENEFITS .............................................. 144
SECTION 39 PERMANENT-INTERMITTENT EMPLOYEE
HEALTH PLAN....................................... 144
SECTION 40 PROVISIONAL EMPLOYEE BENEFITS 145
SECTION 41 REGISTRATION DIFFERENTIAL .......... 145
SECTION 42 MALPRACTICE COVERAGE................. 146
SECTION 43 DEPENDENT CARE SALARY
CONTRIBUTION..................................... 146
SECTION 44 SPECIAL STUDIES
44.1 Attendance Program .................................... 146
44.2 Bi-Weekly Pay Periods................................. 147
44.3 Grievance procedure.................................... 147
44.4 Wellness Incentive program ......................... 148
44.5 Differentials .................................................. 149
..................................... ...
44.6 Ergonomic Evaluation .................................. 149
SE TION 45 ADOPTION ............................................. 156
SECTION 46 SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
46.1 Scope of Agreement .................................... 151
46.2 Separability of Provisions ............................. 151
46.3 Personnel Management Regulations ........... 151
46.4 Duration of Agreement ................................. 152
SECTION 47 UNFAIR LABOR PRACTICE.................. 152
SECTION 48 PAST PRACTICES & EXISTING MOV-51 52
ATTACHMENTS
ATTACHMENT A - PROJECT POSITIONS
ATTACHMENT B - CLASS & SALARY LISTING
- X -
k
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
WESTERN COUNCIL OF ENGINEERS
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Division 34 of
Board of Supervisors' Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is
the representative of Contra Costa County in employer-
employee relations matters as provided in Board of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith
regarding wages, hours and other terms and conditions of
employment for the employees in units in which the
Council is the recognized representative, have freely
exchanged information, opinions and proposals and have
endeavored to reach agreement on all matters relating to
the employment conditions and employer-employee
relations covering such employees.
This MOU shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the
County and appropriate fire districts, as the joint
R
WESTERN COUNCIL OF -1- 1995-1999 MOU
ENGINNERS
recommendations of the undersigned for salary . and
employee benefit adjustments for the period commencing
October 1 , 1995 and ending September 30, 1999.
Special provisions and restrictions pertaining to Project
employees covered by this MOU are contained in
Attachment A which is attached hereto and made a part
hereof.
DEFINITIONS:
APwintina Authority: Department Head unless
otherwise provided by statute or ordinance.
Class: A group of positions sufficiently similar with
respect to the duties and responsibilities that similar
selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each
position allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
CouW: Contra Costa County.
Demotion: The change of a permanent employee to
WESTERN COUNCIL OF -2- 1995-1999 MOU
ENGINNERS
Demotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step, is lower than the top step of the class
which the employee formerly occupied except as provided
for under Transfer or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
Director of Human Resources: The person designated
by the County Administrator to serve as the Assistant
County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or
reemployment or layoff list for a given classification.
Employee: A person who is an incumbent of a position or
who is on leave of absence in accordance with provisions
of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons, who have been
found qualified for employment in a specific class.
Layoff List: A list of persons who have occupied positions
allocated to a class in the Merit System and who have
been involuntarily separated by layoff, 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.
WESTERN COUNCIL OF -3- 1995-1999 MOU
ENGINNERS
Permanent-Intermittent Position: Any position which
requires the services of an incumbent for an indefinite
period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite
period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
Permanent Status: Appointment to a position which must
be confirmed by successful completion of the probationary
period specified for the class.
Project Employee: An employee who is engaged in a
time limited program or service by reason of limited or
restricted funding. Such positions are typically funded
from outside sources but may be funded from County
revenues.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided
for under Transfer or as otherwise provided for in this
WESTERN COUNCIL OF -4- 1995-1999 MOU
ENGINNERS
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling
for the regular full time, part-time or intermittent
employment of a person.
Reallocation: The act of reassigning an individual position
from one class to another class at the same range of the
salary schedule or to a class which is allocated to another
range that is within five (5) percent of the top step, except
as otherwise provided for in the. Personnel Management
Regulations, deep class resolutions or other ordinances.
Reclassification: The act of changing the allocation of a
position by raising it to a higher class or reducing it to a
lower class on the basis of significant changes in the kind,
difficulty or responsibility of duties performed in such
position.
Reemployment List: A list of persons, who have occupied
positions allocated to any class in the merit system and,
who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel
Management Regulations governing reemployment.
Resianation: The voluntary termination of permanent
service with the County.
WESTERN COUNCIL OF -5- 1995-1999 MOU
ENGINNERS
Temporary Employment: Any employment in .the merit
system which will require the services of an incumbent for
a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
The change of an employee who has permanent
status in a position to another position in the same class in
a different department, or to another position in a class
which is allocated to a range on the salary plan that is
within five (5) percent at top step as the class previously
occupied by the employee.
SECTION 1 - COUNCIL RECOGNITION
The Council is formally recognized as the exclusive
representative for the employees assigned to the
Professional Engineer Unit and has been certified as such
pursuant to Board Resolution 81/1165.
SECTION 2 - COUNCIL SECURITY
2.1 ' Dues Deduction. Pursuant to Chapter 34-26 of
Board Resolution 81/1165 only a majority representative
may have dues deduction and as such the Council has the
exclusive privilege of dues deduction for all members in its
units.
WESTERN COUNCIL OF -6- 1995-1999 MOU
ENGINNERS
Dues deduction shall be based on the voluntary written
authorization of the employee which shall remain in effect
so long as the employee remains in a unit represented by
the Council unless such authorization is canceled in writing
by the employee. The dues deduction shall be for an
amount specified by the Council. The Council shall
indemnify, defend, and hold the County harmless against
any claims made and against any suit instituted against
the County on account of dues deduction. The Council
shall refund to the County any amounts paid to it in error
upon presentation of supporting evidence.
2.2 Communicatina With Empllo__v_ ees. The Council
shall be allowed to use designated portions of bulletin
boards or display areas in public portions of County
buildings or in public portions of offices in which there are
employees represented by the Council, provided the
communications displayed have to do with official
organization business such as times and places of
meetings and further provided that the employee
organization appropriately posts and removes the
information. The Department Head reserves the right to
remove objectionable materials after notification to and
discussion with the Council.
Representatives of the Council, not on County time, shall
be permitted to place a supply of employee literature at
specific locations in County buildings if arranged through
the Labor Relations Manager; said representatives may
WESTERN COUNCIL OF -7- 1995-1999 MOU
ENGINNERS
distribute employee organization literature in work areas
(except work areas not open to the public) if the nature of
the literature and the proposed method of distribution are
compatible with the work environment and work in
progress.
Such placement and/or distribution shall not be performed
by on duty employees.
The Council shall be allowed access to work locations in
which it represents employees for the following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
D. to represent an employee on a grievance, and/or
to contact a council officer on a matter within the
scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area,
and the visit will not interfere with County services.
WESTERN COUNCIL OF -8- 1995-1999 MOU
ENGINNERS
VY
2.3 Use of County Build as. The Council shall be
allowed the use of areas normally used for meeting
purposes for meetings of County employees during non-
work hours when:
A. Such space is available and its use by the
Council is scheduled twenty-four (24) hours in
advance;
B. There is no additional cost to the County;
C., It does not interfere with normal County
operations;
D. Employees in attendance are not on duty and are
not scheduled for duty;
E. The meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Council shall maintain proper order at the meeting, and
see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally
used in the conduct of business meetings, such as desks,
chairs, ashtrays, and blackboards) is strictly prohibited,
even though it may be present in the meeting area.
WESTERN COUNCIL OF -91 1995-1999 MOU
ENGINNERS
2.4 Advance Notice. The Council shall, except in
cases of emergency, have the right to reasonable notice of
any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with
the body considering the matter.
The listing of an item on a public agenda or the mailing of
a copy of a proposal at least seventy-two (72) hours
before the item will be heard, or the delivery of a copy of
the proposal at least twenty-four (24) hours before the item
will be heard, shall constitute notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board determines it must
act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical
after its action.
2.5 Written Statement for New Employees. The
County will provide a written statement to each new
employee hired into a classification in any of the
bargaining units represented by the Council, that the
employee's classification is represented by the Council
and the name of a representative of the Council. The
County will provide the employee with a packet of
information which has been supplied by the Council and
approved by the County. The County will also provide the
WESTERN COUNCIL OF -10- 1995-1999 MOU
ENGINNERS
addresses of new employees , to the Council if the
employee consents in writing to the County providing this
information to the Council.
2.6 Distribution of Materials. The Council may
distribute materials to designated Council representatives
through the County distribution channels if approved by
the Human Resources Director or his designee. The
decision of the Human Resources Director is final and not
subject to the grievance procedure. This privilege may be
revoked in the event of abuse after the Human Resources
Director consults with the Council.
2.7 Section 11 of 1977-79 . Section 11 of the
1977-1979 MOU between the County and Western
Council of Engineers.:shall be continued for the duration of
this MOU.
SECTION 3 - 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 disability unless
WESTERN COUNCIL OF -11- 1995-1999 MOU
ENGINNERS
that disability prevents the person from meeting the
minimum standards established for the position or from
carrying out the duties of the position safely or in a manner
that does not endanger the health of such person. 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.
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.
SECTION 4 - OFFICIAL COUNCIL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated
as official council representatives shall be allowed to
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attend meetings held ,byCounty, agencies during regular
working hours on County time as follows:
A. If their attendance is required by the County at a
specific meeting;
B. If their attendance is sought by a hearing body or
presentation of testimony or other reasons;
C. If their attendance is required for meetings
scheduled at reasonable times agreeable to all
parties, required for settlement of grievances filed
pursuant to Section 24 (Grievance Procedure) of
this Memorandum.
D. If they are designated as a Council representative
in which case they may utilize a reasonable time
at each level of the proceedings to assist an
employee to present a grievance, provided the
meetings are scheduled at reasonable times
agreeable to all parties.
E. If they are designated as spokesperson or
representative of the Council and as such make
representations or presentations at meetings or
hearings on wages, salaries and working
conditions; provided in each case advance
arrangements for time away from the employee's
work station or assignment are made with the
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appropriate Department Head, and the County
agency calling the meeting is responsible for
determining that the attendance of the particular
employee(s) is required.
4.2 Council Representative. Official representatives
of the Council shall be.'allowed time off on County time for
meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the
Labor Relations Manager or other management
representatives on matters within the scope of
representation, provided that the number of such
representatives shall not exceed two (2) without prior
approval of the Labor Relations Manager, and that
advance arrangements for the time away from the work
station or assignment are made with the appropriate
Department Head.
SECTION 5 - SALARIES
5.1 General Waae Increases.
A. The following wage increase schedule shall apply
to all employees represented by Western Council
of Engineers:
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Effective 07/01/96 30 levels (3.0439%)
Effective 10/01/97 20 levels (2.0191 %) plus Tier
III or 30 levels (3.0439%)
Effective 10/01/98 35 levels (3.5602%)
5.2 Entrance Salary. New employees shall generally
be appointed at the minimum step of the salary range
established, for the particular class of position to which the
appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum
of the range..
5.3 Anniversary Dates. Except as may otherwise
be provided for in deep class resolutions, anniversary
dates will be set as follows:
A. New Emgl� off. The anniversary date of a new
employee is the first day of the calendar month
after the calendar month when the employee
successfully completes six (6) months service
provided however, if an employee began work on
the first regularly scheduled workday of the
month the anniversary date is the first day of the
calendar month when the employee successfully
completes six (6) months service.
B. Promotions. The anniversary date of a promoted
employee is determined as for a new employee in
Subsection 5.2.A. above.
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C. Demotions. The anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion was
effective.
D. Transfer. Reallocation and Reclassification. The
anniversary date of an employee who' is
transferred to another position or one whose
position has been reallocated or reclassified to a
class allocated to the same salary range or to a
salary ,range which is within five percent (5%) of
the top step of the previous classification,
remains:unchanged.
E. ReemUlo ments. The anniversary of an
employee appointed from a reemployment list to
the first step of the applicable salary range and
not required to serve a probation period is
determined in the same way as the anniversary
date is determined for a new employee who is
appointed the same date, classification and step
and who then successfully completes the
required probationary period.
F. Notwithstanding other provisions of this Section
5, the anniversary of an employee who is
appointed to a classified position from outside the
County's merit system at a rate above the
minimum salary for the employee's new class, or
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who is transferred from another governmental
entity to this County's merit system, is one (1 )
year from the first year of the calendar month
after the calendar month when the employee was
appointed or transferred; provided, however,
when the appointment or transfer is effective on
the employee's first regularly scheduled work day
of that month, his anniversary is one (1 ) year
after the first calendar day of that month.
5.4 Increments Within Range. The performance of
each employee, except those of employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in
Section 5.4 to determine whether the salary of the
employee shall be advanced to the next higher step in the
salary range. Advancement shall be granted on the
affirmative recommendation of the appointing authority,
based on satisfactory performance by the employee. The
appointing authority may recommend denial of the
increment or denial subject to one additional review at
some specified date before the next anniversary. (Which
must be set at the time the original report is returned).
Except as herein provided, increments within range shall
not be granted more frequently than once a year, nor shall
more than one (1 ) step within-range increment be granted
at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends
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denial of the within range increment on some particular
anniversary date, but recommends a special salary review
at some date before the next anniversary the special
salary review shall not affect the regular salary review on
the next anniversary date. Nothing herein shall be
construed to make the granting of increments mandatory
on the County. If an operating department verifies in
writing that an administrative or clerical error was made in
failing to submit the documents needed to advance an
employee to the next salary step on the first of the month
when eligible, said advancement shall be made retroactive
to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee
shall be paid a monthly salary in the same ratio to the full
time monthly rate to which the employee would be entitled
as a full time employee under the provisions of this
Section 5 as the number of hours per week in the
employee's part-time work schedule bears to the number
of hours in the full time work schedule of the department.
5.6 Compensation for Portion of Month. Any
employee who works less than any full calendar month,
except when on authorized paid leave, shall receive as
compensation for services an amount which is in the same
ratio to the established monthly rate as the number of days
worked is to the actual working days in such employee's
normal work schedule for the particular month; but if the
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.. ..- . }: .'•iiia.
employment is intermittent, compensation shall be on an
hourly basis.
5.7 Position Reclassification. An employee who is
an incumbent of a position which is reclassified to a class
which is allocated to the same range of the basic salary
schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as
the employee received under the previous classification.
An incumbent of a position which is reclassified to a class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as
before the reclassification, but if such salary is greater
than the maximum of the range of the class to which the
position has been reclassified, the salary of the incumbent
shall be reduced to the maximum salary for the new
classification. The salary of an ; incumbent of a position
which is reclassified to a class which is allocated to a
range of the basic salary schedule greater than the range
of the class of the position before it was reclassified shall
be governed by the provisions of Section 5.9 - Salary on
Promotion.
5.8 salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is reallocated to a
salary range above or below that to which it was
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previously allocated, when the number of steps
remain the same, shall be compensated at the
same step in the new salary range the employee
was receiving in the range to which the class was
previously allocated. If the reallocation is from
one salary range with more steps to a range with
fewer steps or vice versa, the employee shall be
compensated at the step on the new range which
is in the same percentage ratio to the top step of
the new range as was the salary received before
reallocation to the top step of the old range, but in
no case shall any employee be compensated at
less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated
from a salary range with more steps to a salary
range with fewer steps on the salary schedule,
apart from the general salary increase or
decrease described in 5.8.A. above, each
incumbent of a position in the reallocated class
shall be placed upon the step of the new range
which equals the rate of pay received before the
reallocation. In the event that the steps in the
new range do not contain the same rates as the
old range, each incumbent shall be placed at the
step of the new range which is next above the
salary rate received in the old range, or if the new
range does not contain a higher step, at the step
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which is next lower than the salary received in the
old range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated
to a salary range the same as above or below the
salary range of the employee's previous class,
the incumbent shall be placed at the step in the
new class which equals the rate of pay received
before reallocation. In the event that the steps in
the range for the new class do not contain the
same rates as the range for the old class, the
incumbent shall be placed at the step of the new
range which is next above the salary rate
received in the old range; or if the new range
does not contain a higher:; step, the incumbent
shall be placed at the step which is next lower
than the salary received *in the old range.
D. In the event of reallocation to a deep class, the
provisions of the deep class resolution and
incumbent salary allocations, if any, shall
supersede Section 5.8.
5.9 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
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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.
5.10 Salary on Appointment From a Layoff List. In
the event of the appointment of a laid off employee from
the layoff list to the class from which the employee was
laid off, the employee shall be appointed at the step which
the employee had formerly attained in the higher class
unless such step results in an increase of less than five
percent (5%), in which case the salary shall be adjusted to
the step in the new range which is five percent (5%)
greater than the next higher step, if the new range permits
such adjustment.
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5.11 Salary on Involuntary Demotion. Any employee
who is demoted, except as provided under Section 5.13,
shall have his/her salary reduced to the monthly salary
step in, the range for the class of position to which he has
been demoted next lower than the salary received before
demotion. In the event this decrease is less than five
percent (5%), the employee's salary shall be adjusted to
the step in the new range which is five percent (5%) less
than the next lower step; provided however, that the next
step shall .not be less than the minimum salary for the
lower class.
Whenever the demotion is the result of layoff, cancellation
of positions or displacement by another employee with
greater seniority rights, the salary of the demoted
employee shall be that step on the salary range which
he/she would have achieved had he/she been
continuously in the position to which he/she has been
demoted, all within-range increments having been granted.
5.12 Salary ,on Voluntary Demotion. Whenever any
employee voluntarily demotes to a position in a class
having a salary schedule lower than that of the class from
which he or she demotes, his or her salary shall remain
the same if the steps in his or her new (demoted) salary
range permit, and if not, new salary shall be set at the step
next below former salary.
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5.13 Transfe . An employee who is transferred from
one position to another as described under "Transfer" shall
be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer.
In the event that the steps in the range for the new class
do not contain the same rates as the range for the old
class, the employee shall be placed at the step of the new
range which is next above the salary rate received in the
old range; or if the new range does not contain a higher
step, the employee shall be placed at the step which is
next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a
deep class, as provided in the appropriate deep class
resolutions, the salary of the employee shall be set as
provided in the deep class resolutions at a step not to
exceed a five percent (5%) increase in the employee's
base salary.
However, if the deep class transfer occurs to or from a
deep class with specified levels identified for certain
positions and their incumbents, the employee's salary in
the new class shall be set in accordance with the section
on "Salary on Promotion" if the employee is transferring to
another class or to a level in a deep class for which the
salary is at least five percent (5%) above the top base step
of the deep class level or class in which they have status
currently.
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5.14 Pay for Work in Higher Classification. When
an employee in a permanent position in the merit system
is required to work in a classification for which the
compensation is greater than that to which the employee
is regularly assigned, the employee shall receive
compensation for such work at,the rate of pay established
for the higher classification pursuant to Section 5.9 -
Salary on Promotion of the Memorandum. Effective with
the ratification of this MOU, pay for work in a higher
classification will commence on the 73rd hour of the
assignment, under the following conditions:
A. The employee is assigned to a program service,
or activity ` established by the Board of
Supervisors which is reflected in an authorized
position which has been classified and assigned
to the Salary Schedule.
B. The nature of the departmental assignment is
such that the employee in the lower classification
becomes fully responsible for the duties of the
position of the higher classification.
C. Employee selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classification.
D. Pay for work in a higher classification shall not be
utilized as a substitute for regular promotional
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procedures provided in this MOU.
E. Higher pay assignments shall not exceed six (6)
months except through reauthorization.
F. If approval is granted for pay for work in a higher
classification and the assignment is terminated
and later reapproved for the same employee
within thirty (30) days no additional waiting period
will be required.
G. Any incentives (e.g., the education,incentive) and
special differentials (e.g., bilingual differential and
hazardous duty differential) accruing to the
employee in his/her permanent position shall
continue.
H. During the period of work for higher pay in a
higher classification, an employee will retain
his/her permanent classification, and anniversary
and salary review dates will be determined by
time in that classification; 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
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employees appointed to the higher class
immediately following termination of the
assignment, shall remain unchanged.
I. Allowable overtime pay, shift differentials and/or
work location differentials will be paid on the
basis of the rate of pay for the higher class.
5.15 Payment. On the tenth ' (1 Oth) day of each
month, the Auditor will draw a warrant upon the Treasurer
in favor of each employee for the amount of salary due the
employee for the preceding month; provided, however,
that each employee (except those paid on an hourly rate)
may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the
twenty-fifth (25th) day of each month, draw his/her warrant
upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3)
or, less, at the employee's option, of the employee's basic
salary of the previous month except that it shall not exceed
the amount of the previous month's basic salary less all
requested or required deductions.
The election to receive an advance shall be made on or
before April 30 or October 31 of each year or during the
first month of employment by filing on forms prepared by
the Auditor-Controller a notice of election to receive salary
advance.
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Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the case of an election made pursuant to this Section
5.15 all required or requested deductions from salary shall
be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
5.16 Pav Warrant Errors. If an employee receives a
pay warrant which has an error in the amount of
compensation to be received and if this error occurred as
a result of a mistake by the Auditor-Controller's
Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new
warrant issued within forty eight (48) hours, exclusive of
Saturdays, Sundays and holidays from the time the
Department is made aware of and verifies that the pay
warrant is in error.
Pay errors found in employee pay shall be corrected as
soon as possible as to current pay rate but that no
recovery of either overpayments or underpayments to an
employee shall be made retroactively except for the six (6)
month period immediately preceding discovery of the pay
error. This provision shall apply regardless of whether the
error was made by the employee, the appointing authority
or designee, the Director of Human Resources or
designee, or the Auditor-Controlleror designee. Recovery
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of fraudulently accrued over or underpayments are
excluded from this section_ for both parties.
SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty (40)
hours between 12:01 :a.m. Monday to 12:00 midnight
Sunday, usually five (5) eight (8) hour days; however,
where operational requirements of a department require
deviations from the usual pattern of five (5) eight (8) hour
days per work week, an employee's work hours may be
scheduled to meet these requirements. The Department
Head shall prepare written schedules in advance to
support all deviations, including the complete operational
cycle contemplated.
The work week for employees in the 4/10 shift is four (4)
ten (10) hour working days during a work week consisting
of any seven (7) day period. If the County wants to
eliminate any existing 4/10 shift and substitute a 5/8 shift
or to institute a 4/10 shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change
of shift assignment), it will meet and confer with the Union
prior to implementing said new shift.
SECTION 7 - OVERTIME & COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
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performed in excess of forty (40) hours per week or eight
(8) hours per day. Overtime for 4/10 shift employees is
any work performed beyond ten (10) hours per day or forty
(40) hours per week. All overtime shall be compensated
for at the rate of one and one-half (1-1/2) times the
employee's base rate of pay (not including shift and other
special differentials).
Overtime for permanent employees is earned and credited
in a minimum of one-half (1/2) hour increments and is
compensated by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in
positions which work around the clock shall be provided a
choice as to whether they shall be paid at the overtime
rate or shall receive compensatory time off at the rate of
one and one-half (1 1/2) hours compensatory time off for
each hour worked. Such compensatory time off, and the
accumulation thereof shall be in addition to the total
vacation accumulation permitted under the terms of this
MOU. The specific provision of this accumulation are set
forth in Section 12.6 of this MOU. Regular overtime for
twenty-four (24) hour institutional employees may be
accrued as compensatory time in accordance with Section
7.2 of this MOU.
7.2 CompensaWry Time. The following provisions
shall apply:
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e^r1A4 1
A. Employees may periodically elect to accrue
compensatory time off` in lieu of overtime pay.
Employees shall make a choice, which will
remain in effect for a period of one fiscal year
July 1 - June 30. Eligible employees must notify
their Department Head or his/her designee of
their intention to accrue compensatory time off at
least seven (7) calendar days prior to July 1 of
each year.
B. The names of those employees electing to
accrue compensatory time off shall be placed on
a list maintained by the department. Employees
who become eligible (i.e., newly hired employees,
employees promoting, demoting, etc.) for
compensatory time off in accordance with these
guidelines, after the list has been compiled, will
be paid for authorized overtime hours worked
until the preparation of the next annual list, unless
such employees specifically request in writing to
the Department Head or his designee that they
be placed on the list currently in effect.
C. Compensatory time off shall be accrued at the
rate of one and one-half (1 -1/2) times the actual
authorized overtime hours worked by the
employee.
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D. Employees may not accrue a compensatory time
off balance that exceeds one-hundred twenty
(120) hours. Once a one-hundred twenty (120)
hour balance has been attained, authorized
overtime hours will be paid at the overtime rate. If
the employee's balance falls below one-hundred
twenty (120) hours, the employee shall again
accrue compensatory time off for authorized
overtime hours worked until the employee's
balance again reaches one-hundred twenty (120)
hours.
E. Accrued compensatory time off shall be carried
over for use in the next fiscal year; however, as
provided in D. above, accrued compensatory time
off balances may not exceed one-hundred twenty
(120) hours.
F. The use of accrued compensatory time off shall
be by mutual agreement between the Department
Head or his designee and the employee.
Compensatory time off shall not be taken when
the employee should be replaced by another
employee who would be eligible to receive, for
time worked, either overtime payment or
compensatory time accruals as provided for in
this Section. This provision may be waived at the
discretion of the Department Head or his or her
designee.
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G. When an employee promotes, demotes or
transfers from one classification eligible for
compensatory time off to another classification
eligible for compensatory time off within the same
department, the employee's accrued
compensatory time off balance will be carried
forward with the employee.
H. Compensatory time accrual balances will be paid
off when an employee moves from one
department to another through promotion,
demotion or transfer. Said payoff will be made in
accordance with the provisions and salary of the
class from which the employee is .promoting,
demoting or transferring as set forth in I. below.
I. Since employees accrue compensatory time off
at the rate of one and one-half (1 -1/2) hours for
each hour of authorized overtime worked,
accrued compensatory time balances will be paid
off at the straight time rate (two-thirds (2/3) the
overtime rate) for the employee's current salary
whenever:
1 . the employee changes status and is no
longer eligible for compensatory time off;
2. the employee promotes, demotes or
transfers to another department;
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3. the employee separates from County
service;
4. the employee retires.
J. The Office of the County Auditor-Controller will
establish timekeeping procedures to administer
this Section.
7.3 Fair Labor Standards Act Provisions. The Fair
Labor Standards Act as amended, may govern certain
terms and conditions of the employment of employees
covered by this MOU. It is anticipated that compliance
with the Act may require changes in some of the County
policies and practices currently in effect or agreed upon. It
is determined by the County that certain working
conditions, including but not limited to work schedules,
hours of work, method of computing overtime, overtime
pay, and compensatory time off entitlements or use, must
be changed to conform with the Fair Labor Standards Act,
such terms and conditions of employment shall not be
controlled by this MOU but shall be subject to modification
by the County to conform to the Federal Law without
further meeting and conferring. The County shall notify the
Union (employee organizations) and will meet and confer
with said organization regarding the implementation of
such modifications.
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SECTION 8-- CALL BACK TIME
Any employee who is called back to duty shall be paid at
the appropriate rate for the actual time worked plus one (1 )
hour. Such employee called back shall be paid a
minimum of two (2) hours at the appropriate rate for each
call back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the
employee is actually on duty during which an employee is
not required to be on County premises but stand ready to
immediately report for duty and must arrange so that
his/her superior can reach him/her on ten (10) minutes
notice or less. An employee assigned to on-call time shall
be paid one (1 ) hour of straight time credit for each four (4)
hours on such on-call time unless otherwise provided in
the supplemental sections of this Agreement. Where on-
call arrangements exist, the appointing authority shall
designate which employees are on-call unless otherwise
provided in the supplemental sections of this Agreement.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees
shall receive five percent (5%) above their base salary
rate.
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To qualify for shift differential, an employee must have a
regularly assigned daily work schedule which requires:
A. Completion of more than one and one-half (1 -1/2)
hours over the normal actual working time; or
B. At least four (4) hours of actual working time from
5:00 p.m. through 9:00 a.m. inclusive. However,
employees who have been regularly working a
shift qualifying for shift differential immediately
preceding the commencement of a vacation, paid
sick leave period, paid disability or other paid
leave, will have shift differential included in
computing the pay for their leave. The paid leave
of an employee who is on a rotating shift
schedule shall include the shift differential that
would have. been received had the employee
worked the shift for which the employee was
scheduled during such period. Shift differential
shall only be paid during paid sick leave and paid
disability as provided above for the first thirty (30)
calendar days of each absence.
SECTION 11 - SENIORITY, WORKFORCE REDUCTIONS
LAYOFF & REASSIGNMENT
11 .1 Workforce Reduction. In the event that funding
reductions or shortfalls in funding occur in a department or
are expected, which may result in layoffs, the department
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^Yy;
will notify the union and take the following actions:
A. Identify the classifications) in which position
reductions may be required due to funding
reductions or shortfalls.
B. Advise employees in those classifications that
position reductions may occur in their
classifications.
C. Accept voluntary leaves of absence from
employees in those classifications which do not
appear to be potentially impacted by possible
position reductions when such leaves can be
accommodated by the department.
D. Consider employee requests to reduce their
position hours from full time to part time to
alleviate the impact of the potential layoffs.
E. Approve ' requests for reduction in hours, lateral
transfers, and voluntary demotions to vacant,
funded positions in classes not scheduled for
layoffs within the department, as well as to other
departments not experiencing funding reductions
or shortfalls when it is a viable operational
alternative for the department(s).
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F. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment Team (TET)
program to:
1 . Maintain an employee skills inventory bank
to be used as a basis for referrals to other
employment opportunities.
2. Determine if there are other positions to
which employees may be transferred.
3. Refer interested persons to vacancies which
occur in other job classes for which they
qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off
employees in areas . such as resume
preparation, alternate career counseling, job
search strategy, and interviewing skills.
G. When it appears to the Department Head and/or
Labor Relations Manager that the Board of
Supervisors may take action which will result in
the layoff of employees in a representation unit,
the Labor Relations Manager shall notify the
Council of the possibility of such layoffs and shall
meet and confer with the Council regarding the
implementation of the action.
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11 .2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having
permanent status in position(s) in the merit
service may be laid off when the position is no
longer necessary, or for reasons of economy,
lack of work, lack of funds or for such other
reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order ofLa oy_ff. The order of layoff in a
department shall be based on inverse seniority in
the class of positions, the employee in that
department with least seniority being laid off first
and so on.
C. Layoff By [moi placement.
1 . In the Same Class. A laid off permanent full
time employee may displace an employee in
the department having less seniority in the
same - class who occupies a permanent-
intermittent or permanent part-time position,
the least senior employee being displaced
first.
2. In the Same Level or Lower Class. A laid off
or displaced employee who had achieved
permanent status in a class at the same or
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lower salary level as determined by the
salary schedule in effect at the time of layoff
may displace within the department and in
the class of an employee having less
seniority; the least senior employee being
displaced , first, and so on with senior
displaced' employees displacing junior
employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent part-
time employees may displace only
employees holding permanent positions of
the same type respectively.
2. A permanent full time employee may
displace any intermittent or part-time
employee with less seniority 1 ) in the same
class or, 2) in a class of the same or lower
salary level if no full time employee in a class
at the same or lower salary level has less
seniority than the displacing employees.
3. Former permanent full time employees who
have voluntarily become permanent part-
time employees for the purpose of reducing
the impact of a proposed layoff with the
written approval of the Director of Human
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Resources or designee retain their
permanent full time employee seniority rights
for layoff purposes only and may in a later
layoff displace a full time employee with, less
seniority as provided in these rules.
E. ni rity.a An employee's seniority within a
class for layoff and displacement purposes
shall be determined by adding the
employee's length of service in the particular
class in question to the employee's length of
service in other classes at the same or
higher salary levels as determined by the
salary schedule in effect at the time of layoff.
Employees reallocated or transferred without
examination from one class to another class
having a salary within five percent (5%) of
the former class,. , as provided in Section
305.2, shall carry the seniority accrued in the
former class into the new class. Employees
reallocated to a new deep class upon its
initiation or otherwise reallocated to a deep
class because the duties of the position
occupied are appropriately described in the
deep class shall carry into the deep class the
seniority accrued or carried forward in the
former class and seniority accrued in other
classes which have been included in the
deep class. Service for layoff and
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displacement purposes includes only the
employee's last continuous permanent
County employment. Periods of separation
may not be bridged to extend such service
unless the separation is a result of layoff in
which case bridging will be authorized if the
employee is reemployed in a permanent
position within the period of layoff eligibility.
Approved leaves of absence as provided for
in these rules and regulations shall not
constitute a period of separation. In the
event of ties in seniority rights in the
particular class in question, such ties shall be
broken by length of last continuous
permanent County employment. If there
remain ties in seniority rights, such ties shall
be broken by counting total time in the
department in permanent employment. Any
remaining ties shall be broken by random
selection among the employees involved.
F. Eliaibility 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 displacement, the person's name shall be
placed on the layoff list for the class of positions
from which that person has been removed.
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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
who have transferred in lieu of layoff or
displacement.' Names shall be listed in order of
layoff seniority in the class from which laid off,
displaced, demoted or transferred on the date of
layoff, the most senior person listed first. In case
of ties in seniority, the seniority rules shall apply
except that where there is a class seniority tie
between persons laid off from different depart-
ments, the tie(s) shall be broken by length of last
continuous permanent County employment with
remaining ties broken by random selection
among the employees involved.
H. Duration of Layoff and Reemployment Rigbts.
The name of any person granted reemployment
privileges shall continue on the appropriate list for
a period of two (2) years. Persons placed on
layoff lists shall continue on the appropriate list
for a period of four (4) years.
1. Certification of Persons From Layoff Lists. Layoff
lists contain the name(s) of person(s) laid off,
displaced or demoted by displacement or volun-
tarily demoted in lieu of layoff or displacement or
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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.
J. Removal of Names from Reemployment & Lavoff
Lists. The Director of Human Resources may
remove the name of any eligible from a
reemployment or layoff list for any reason listed
below:
1 . For any cause stipulated in Section 404.1 of
the Personnel Management Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3. On receipt of a statement from the
appointing authority or eligible that the
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7= s:
y .
eligible declines certification or indicates no
further desire for appointment in the class.
4. If three (3) offers of permanent appointment
to the - class for which the eligible list was
established have been declined by the
eligible.
5. If the eligible fails to respond to the Director
of Human Resources or the appointing
authority within ten (10) days to written
notice of certification mailed to the person's
last known address.
6. If the person on the reemployment or layoff
list is appointed to another position in the
same or lower classification, the name of the
person shall be removed.
7. However, if the first permanent appointment
of a person on a layoff list is to a lower class
which has a top step salary lower than the
top step of the class from which the person
was laid off, the name of the person shall not
be removed from the layoff list. Any
subsequent appointment of such person
from the layoff list shall result in removal of
that person's name.
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K. Removal of Names from Reemployment and
Layoff Certifications. The Director of Human
Resources may remove the name of any eligible
from a reemployment or layoff certification if the
eligible fails to respond within five (5) days to a
written notice of certification mailed to the
person's last known address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
11 .4 Special Employment Lists. The County will
establish a TET Employment Pool which will include the
names of all laid off County employees. Special
employment lists for job classes may be established from
the pool. Persons placed on a special employment list
must meet the minimum qualifications for the class. An
appointment from such a list will not affect the individual's
status on a layoff list(s).
11 .5 Reassianment of Laid Off Employees.
Employees who displaced within the same classification
from full time to part-time or intermittent status in a layoff,
or who voluntarily reduced their work hours to reduce the
impact of layoff, or who accepted a position of another
status than that from which they were laid off upon referral
from the layoff list, may request reassignment back to their
pre-layoff status (full time or part-time or increased hours).
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The request must be in writing in accord with each
department's reassignment bid or selection process.
Employees will be advised of the reassignment procedure
to be followed to obtain reassignment back to their former
status at the time of the workforce reduction. The most
senior laid off employee in this status who requests such a
reassignment will, be selected for the vacancy; except
when amore senior laid off individual remains on the layoff
list and has not been appointed back to the class from
which laid off, a referral from the layoff list will be made to
fill the vacancy.
11 .6 Further Study. The County agrees to meet with
the Labor Coalition for study of the concept of employee's
waiver of displacement rights in a layoff.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe
the following holidays:
A. January 1 st, known as New Year's Day
Third Monday in January known as Dr. M. L.
King Jr. Day
Third Monday in February, known as Presidents'
Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
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November 11 th, known as Veteran's Day
Fourth Thursday in November, known as
Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may
by resolution designate as holidays.
B. Each full time employee shall accrue two (2)
hours of personal holiday credit per month. Such
personal holiday time may be taken in increments
of one-tenth (1/10) hour, and preference of
personal holidays shall be given to employees
according to their seniority in their department as
reasonably as possible. No employee may
accrue more than forty (40) hours of personal
holiday credit beginning January 1 , 1988. On
separation from County service, an employee
shall be paid for any unused personal holiday
credits at the employee's then current pay rate.
12.2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to be applied:
A. Employees on the five (5) day Monday through
Friday work schedule shall be entitled to a
holiday whenever a holiday is observed pursuant
to the schedule cited above.
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B. Employees on a work schedule other than
Monday through Friday shall be entitled to credit
for any holiday, whether worked or not, observed
by employees on the regular schedule.
C. For all employees, if a work day falls on a
scheduled holiday they shall receive overtime pay
or equivalent compensatory time credit (holiday
credit) for working the holiday or if a holiday falls
on the day off of an employee, the employee
shall be given straight time pay or equivalent
compensatory time credit and unless otherwise
provided for in other Sections of this Agreement.
D. If any holiday listed in Section 12.1 .A. above, falls
on a Saturday, it shall * be celebrated on the
preceding Friday. If any holiday listed in Section
12.1 .A. falls on a Sunday, it shall be celebrated
on the following Monday. For employees in
positions assigned to units or services on a shift
operational cycle which includes a Saturday or
Sunday as designated by the appointing authority
(rather than Monday through Friday eight (8)
hours per day or a designated 4-10 or 9-80
schedule) holidays shall be observed on the day
on which the holiday falls regardless if it is a
Saturday or Sunday.
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12.3 Permanent Part-Time Employees. Permanent
part-time and permanent-intermittent employees who work
on a holiday shall receive overtime pay or compensatory
time credit for all hours worked, up to a maximum of eight
(8).
12.4 4/10 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work
day falls on a scheduled holiday they shall
receive overtime pay or equivalent compensatory
time credit (holiday credit) for working the holiday
for the first eight (8) hours worked, or if a holiday
falls on the day off of an employee, the employee
shall be given straight time pay or equivalent
compensatory time credit for eight (8) hours.
B. Absence on Holiday. The maximum time charged
to sick leave, vacation or leave without pay on a
holiday shall be two (2) hours.
12.5 9/80 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work
day falls on a scheduled holiday, they shall
receive overtime pay or equivalent compensatory
time credit (holiday credit) for working the holiday
for the first eight (8) hours worked; or if a holiday
falls on the day off of an employee, the employee
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shall be given straight time pay or equivalent
compensatory time credit for eight (8) hours.
B. Absence on Holiday. The maximum time charged
to sick leave, vacation, or leave without pay on a
holiday shall be one (1 ) hour.
12.6 Accrual of Holiday Time & Credit. Employees
entitled to holiday credit shall be permitted to elect
between pay or compensatory time off in recognition of
holidays worked.
The following procedures shall apply to this selection:
A. Any person who is eligible and who elects to
accrue holiday credit must agree to do so for a
full fiscal year (July 1 through June 30) or the
remainder thereof.
B. Employees starting work after a list of those
electing to accrue holiday credit has been
submitted to the Auditor and approved will be
paid overtime unless they specifically request in
writing within seven (7) calendar days to be
placed on the holiday credit accrual list.
C. Holiday time shall be accrued at the rate
specified above to a maximum of eight (8) hours
worked by the employee.
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D. Accrued holiday credit may not be accumulated
in excess of two hundred eighty-eight (288)
working hours, exclusive of regular vacation
accruals. After two hundred eighty-eight (288)
hours, holiday time shall be paid at the rates
specified above.
E. Accrued holiday credit may be taken off at times
determined by mutual agreement of the
employee and the department head.
F. Accrued holiday credit shall be paid off only upon
a change in status - of the employee such as
separation, transfer to another department or
reassignment to a permanent-intermittent
position.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent
positions are entitled to vacation with pay. Accrual is
based upon straight time hours of working time per
calendar month of service and begins on the date of
appointment to a permanent position. Increased accruals
begin on the first of the month following the month in which
the employee qualifies. Accrual for portions of a month
shall be in minimum amounts of one (1 ) hour calculated on
the same basis as for partial month compensation
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j 1 .,o
pursuant to Section 5.6 of this MOU. Vacation credits may
not be taken during the first six' (6) calendar months of
employment (not necessarily synonymous with
probationary status) except where sick leave is exhausted;
and none shall be allowed in excess of actual accrual at
the time vacation is taken. Vacation may be taken in
increments of 1/10 hour.
13.2 Vacation Accrual Rates. The rates at which
vacation credits accrue and the maximum accumulation
thereof are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11 -1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a
pro rata basis as provided in Section 36-1 .006 of Board
Resolution 81/1165.
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13.3 Bridgina of Service. Employees who are rehired
and have their service bridged in accordance with the
provisions of this MOU shall have their prior service time
count toward longevity accrual.
13.4 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay or
unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who
is absent without pay accrue vacation credit during the
absence.
13.5 Vacation Allowance for Separated Em loovees.
On separation from County service, an employee shall be
paid for any unused vacation credits at the employee's
then current pay rate.
13.6 Preference. Preference of vacation shall be
given to employees according to their seniority in their
department as reasonably as possible unless otherwise
provided in the supplemental sections of this Agreement.
13.7 Vacation Leave on Reemployment from a
Layoff List. Employees with six (6) months or more
service in a permanent position prior to their layoff, who
are employed from a layoff list, shall be considered as
having completed six months tenure in a permanent
position for the purpose of vacation leave. The appointing
authority or designee will advise the Auditor-Controller's
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Payroll Unit in each case where such vacation is
authorized so that appropriate Payroll system override
actions can be taken.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of
paid sick leave is to ensure employees against loss of pay
for temporary absences from work due to illness or injury.
It is a benefit extended by the County and may be used
only as authorized; it is D_Q# paid time off which employees
may use for personal activities.
14.2 Credits To and Charges Aaainst Sick Leave.
Sick leave credits accrue at the rate of eight (8) working.
hours credit for each completed month of service, as
prescribed by County Salary Regulations. Employees who
work a portion of a month are entitled to a pro rata share
of the monthly sick leave credit computed on the same
basis as is partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minute)
increments.
Unused sick leave credits accumulate from year to year.
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When an employee is separated other than through
retirement, accumulated sick leave credits shall be
canceled, unless the separation results from layoff, in
which case the accumulated credits shall be restored if
reemployed in a permanent position within the period of
lay off eligibility.
As of the date of retirement, an employee's accumulated
sick leave is converted to retirement on the basis of one
day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick
Leave. As indicated above, the primary purpose of paid
sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury.
The following definitions apply:
Immediate Familv: Includes only the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law,
son-in-law, brother-in-law, sister-in-law, foster children,
aunt, uncle, cousin, stepbrother, or stepsister of an
employee and/or includes any other person for whom the
employee is the legal guardian or conservator, or any
person who is claimed as a "dependent" for IRS reporting
purposes by the employee.
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Employee: Any person employed .by Contra Costa County
in an allocated position in the County service.
Paid Sick Leave Credits: Sick leave credits provided for
by County Salary Regulations and memoranda of
understanding.
Condition/Reason: With respect to necessary verbal
contacts and confirmations which occur between the
department and the employee when sick leave is
requested or verified, a brief statement in non-technical
terms from the employee regarding inability to work due to
injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject
to appointing authority approval, by an employee in pay
status, but only in the'following instances:
A. Temporary Illness or Inju[y of an Employee. Paid
sick leave credits may be used when the
employee is off work because of a temporary
illness or injury.
B. Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
disabling physical injury or illness and is thereby
prevented from engaging in any County
occupation for which the employee is qualified by
reason of education, training or experience. Sick
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leave may be used by permanently disabled
employees until all accruals of the employee
have been exhausted or until the employee is
retired by the Retirement Board, subject to the
following conditions:
1 . An application for retirement due to disability
has been filed with the Retirement Board.
2. Satisfactory medical evidence of such
disability is received by the appointing
authority within thirty (30) days of the start of
use of sick leave for permanent disability.
3. The appointing authority may review medical
evidence and order further examination as
deemed necessary, and may terminate use
of sick leave when such further examination
demonstrates that the employee is not
disabled, or when the appointing authority
determines that the medical evidence
submitted by the employee is insufficient, or
where the above conditions have not been
met.
C. Communicable Disease. An employee may use
paid sick leave credits when under a physician's
order to remain secluded due to exposure to a
communicable disease.
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D. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or
contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery therefrom, shall
be allowed to utilize sick leave credit to the
maximum accrued by such employee during the
period of such disability under the conditions set
forth below:
1 . Application for such leave must be made by
the employee to the appointing authority
accompanied by a written statement of
disability from the employee's attending
physician. The statement must address itself
to the employee's general physical condition
having .considered the nature of the work
performed by the employee, and it must
indicate the date of the commencement of
the disability as well as the date the
physician anticipates the disability to
terminate.
2. If an employee does not apply for leave and
the appointing authority believes that the
employee is not able to properly perform her
work or that her general health is impaired
due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth
or recovery therefrom the employee shall be
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required to undergo a physical examination
by a physician selected by the County.
Should the medical report so recommend, a
mandatory leave shall be imposed upon the
employee for the duration of the disability.
3. Sick leave may, not be utilized after the
employee has been released from the
hospital unless the employee has provided
the County with a written statement from her
attending physician stating that her disability
continues and the projected dates of the
employee's recovery from such disability.
E. Medical & Dental Appointments. An employee
may use paid sick leave credits:
1 . For working time used in keeping medical
and dental appointments for the employee's
own care; and
2. For working time used by an employee for
pre-scheduled medical and dental
appointments for an immediate family
member.
F. Emergency Care of Family. An employee may
use paid sick leave credits for working time used
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in cases of illness or injury to an immediate family
member.
G. Death of Family Member. An employee may use
paid sick leave credits for working time used
because of a death in the employee's immediate
family or of the employee's domestic partner, but
this shall not exceed three (3) working days, plus
up to two (2) days of work time for necessary
travel. Use of additional accruals including sick
leave when appropriate may be authorized in
conjunction with the bereavement leave at the
discretion of the appointing authority.
H. Legal adoption of a Child. Paid sick leave credits
may be used by an employee upon adoption of
the child.
I. Accumulated paid sick leave credits may not be
used in the following situations:
1 . Vacation. Paid sick leave credits may not be
used for an employee's illness or injury which
occurs while he is on vacation but the
County Administrator may authorize it when
extenuating circumstances exist and the
appointing authority approves.
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2. Not in Pay Status. Paid sick leave credits
may not be used when the employee would
otherwise be eligible to use paid sick leave
credits but is not in pay status.
14.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the department head. The following
procedures apply:
A. Employee Responsibilities
1 . Employees are responsible for notifying their
department of an absence prior to the
commencement of their work shift or as soon
thereafter as possible. Notification shall
include the reason and possible duration of
the absence.
2. Employees are responsible for keeping their
department informed on a continuing basis of
their condition and probable date of return to
work.
3. Employees are responsible for obtaining
advance approval from their supervisor for
the scheduled time of pre-arranged personal
or family medical and dental appointment.
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4. Employees are encouraged to keep the
department'' advised of (1 ) a current
telephone number to which sick leave related
inquiries may be directed, and (2) any
condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific
locations ' and/or persons the department
may contact to verify the employee's sick
leave.
B. Department Responsibilities. The use of sick
leave may properly be denied if these procedures
are not followed. Abuse of sick leave on the part
of the employee is cause for disciplinary action.
Departmental approval of sick leave is a
certification of the legitimacy of the sick leave
claim. The department head or designee may
make reasonable inquiries about employee
absences. The department may require medical
verification for an absence of three (3) or more
working days. The department may also require
medical verification for absences of less than
three (3) working days for probable cause if the
employee had been notified in advance in writing
that such verification was necessary. Inquiries
may be made in the following ways:
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1 . Calling the employee's residence telephone
number or other contact telephone number
provided by the employee if telephone
notification was not made in accordance with
'departmental sick leave call-in guidelines.
These inquiries shall be subject to any
restrictions imposed by the employee under
Section 14.4.A.
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another
form established for that purpose, as
employee certification of the legitimacy of the
claim.
3. Obtaining the employee's written statement
of explanation regarding the sick leave claim.
4. Requiring the employee to obtain a
physician's certificate or verification of the
employee's illness, date(s) the employee
was incapacitated, and the employee's ability
to return to work, as specified above.
5. In absences of an extended nature, requiring
the employee to obtain from their physician a
statement of progress and anticipated date
on which the employee will be able to return
to work, as specified above.
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Department heads are responsible for
establishing timekeeping procedures which
will insure the submission of a time card
covering each employee absence and for
operating their respective offices in
accordance with these policies and with
clarifying regulations issued by the Office of
the County Administrator.
To help assure uniform policy application,
the Human Resources Director or
designated management staff of the County
Human Resources Department should be
contacted with respect to sick leave
determinations about which the department
is in doubt.
14.5 Disabilitv.
A. An employee physically or mentally incapacitated
for the performance of duty is subject to
dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An
appointing authority after giving notice may place
an employee on leave if the appointing authority
has filed an application for disability retirement for
the employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
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performance of the employee's duties.
B. An appointing authority who has reasonable
cause to believe that there are physical or mental
health conditions present in an employee which
endanger the health or safety of the employee,
other employee's, or the public, or which impair
the employee's performance of duty, may order
the employee to undergo at County expense and
on the employees paid time a physical, medical
and/or psychiatric examination by a licensed
physician and receive a report of the findings on
such examination. If the examining physician
recommends that treatment for physical or mental
health problems, including leave, are in the best
interests of the employee or the County in
relation to the employee overcoming any
disability and/or performing his or her duties the
appointing authority may direct the employee to
take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability
shall be without prejudice to the employee's right
to use sick leave, vacation, or any other benefit to
which the employee is entitled other than regular
salary. The Human Resources Director may
order lost pay restored for good cause and
subject to the employee's duty to mitigate
damages.
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D. Before an employee returns to work from any
absence for illness or injury, other leave of
absence or disability leave, exceeding two (2)
weeks in duration, the appointing authority may
order the employee to undergo at County
expense a physical, medical, and/or psychiatric
examination by a licensed physician, and may
consider a report of the findings on such
examination. If the report shows that such
employee is physically or mentally incapacitated
for the performance of duty, the appointing
authority may take such action as he deems
necessary in accordance with appropriate
provisions of this MOU.
E. Before an employee is placed on an unpaid leave
of absence or suspended because of physical or
mental incapacity under (A) or (B) above, the
employee shall be given notice of the proposed
leave of absence or suspension by letter or
memorandum, delivered personally or by certified
mail, containing the following:
1 . a statement of the leave of absence or
suspension proposed;
2. the proposed dates or duration of the leave
or suspension which may be indeterminate
until a certain physical or mental health
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condition has been attained by the
employee;
3. a statement of the basis upon which the
action is being taken;
4. a statement that the employee may review
the materials upon which the action is taken;
.5. a statement that the employee has until a
specified date (not less than seven (7) work
days from personal delivery or mailing of the
notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing
authority for cause specified in writing may place
the employee on a temporary leave of absence,
with pay.
G. The employee to whom the notice has been
delivered or mailed shall have seven (7) work
days to respond to the appointing authority either
orally or in writing before the proposed action
may be taken.
H. After having complied with the notice
requirements above, the appointing authority may
order the leave of absence or suspension in
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writing stating specifically the basis upon which
the action is being taken, delivering the order to
the employee either personally or by certified
mail, effective either upon personal delivery or
deposit in the U.S. Postal Service.
I. An employee who is placed on leave or
suspended under this section may, within ten (10)
calendar days after personal delivery or mailing
to the employee of the order, appeal the order in
writing through the Director of Human Resources
to the Merit Board. Alternatively, the employee
may file a written election with the Director of
Human Resources waiving the employee's right
to appeal to the Merit Board in favor of appeal to
a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board
or the Disability Review Arbitrator, the employee
has the burden of proof to show that either:
1 . the physical or mental health condition cited
by the appointing authority does not exist, or
2. the physical or mental health condition does
exist, but it is not sufficient to prevent,
preclude, or impair I the employee's
performance of duty, or is not sufficient to
endanger the health or safety of the
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employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and
appeal shall be transmitted by the Director of
Human Resources to the Merit Board for hearing
under the Merit Board's Procedures, Section
1114-1128 inclusive. Medical reports submitted
in evidence in such hearings shall remain
confidential information and shall not be a part of
the public record.
L. If the appeal is to a Disability Review Arbitrator,
the employee (and his representative) will meet
with the County's representative to mutually
select the Disability Review Arbitrator, who may
be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized
specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The
decision of the Disability Review Arbitrator shall
be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1 . The arbitrator may affirm, modify or revoke
the leave of absence or suspension.
2. The arbitrator may make his decision based
only on evidence submitted by the County
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and the employee.
3. The arbitrator may order back pay or paid sick
leave credits for any period of leave of absence
or suspension if the leave or suspension is
found not to be sustainable, subject to the
employee's duty to mitigate damages.
4. The .arbitrator's fees and expenses shall be
paid one-half by the County and one-half by
the employee or employee's association.
14.6 Workers' Compensation.
A permanent non-safety employee shall receive eighty-
seven percent (87%) of regular monthly salary for all
accepted claims filed with the County. on or after January 1 ,
1997.
A. Employees who leave work as a result of an on-
the-job injury will have the balance of that day
charged to sick leave and/or vacation accruals.
This will be considered as the last day worked for
purposes of determining Workers' Compensation
Benefits.
B. Three (3) consecutive calendar days following the last
day worked constitutes a waiting period before
Workers' Compensation starts. The time the
employee is scheduled to work during this waiting
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period will be charged to the employee's sick leave
and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be under
the care of a physician. Temporary compensation is
payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the
disability exceeds fourteen (14) days.
A permanent employee shall continue to receive
full regular salary during any period of
compensable temporary disability absence.
"Compensable temporary disability absence" for
the purpose of this Section, is any absence due
to work connected disability which qualifies for
temporary disability compensation under
Workers' Compensation Law set forth in Division
4 of the California Labor Code. When any
disability becomes permanent, the salary
provided in this Section shall terminate. The
employee shall return to the County all temporary
disability payments received from any County
funded wage replacement program. No charge
shall be made against sick leave or vacation for
these salary payments. Sick leave and vacation
rights shall not accrue for those periods during
which salary payments are made.
The maximum period for the described salary
continuation for any one injury or illness shall be
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one year from the date of temporary disability.
C. Continuing pay begins at the same time that
temporary Workers' Compensation starts and
continues until the temporary disability ends, or
until one (1 ) year has expired, whichever comes
first. All continuing pay under the Workers,'
Compensation Program will be cleared through
the County Administrator's Office, Risk
Management Division.
Whenever an employee who has been injured on
the job and has returned to work is required by an
attending physician to leave work for treatment
during working hours the employee shall be
allowed time off up to three (3) hours for such
treatment without loss of pay or benefits. This
provision applies only to injuries that have been
accepted by the County as a job connected
injury.
D. Full pay beyond one year. if an injured employee
remains eligible for temporary disability beyond
one year, full salary will continue by integrating
sick leave and/or vacation accruals with workers'
compensation benefits. If salary integration is no
longer available, workers' compensation benefits
will be paid directly to the employee as
prescribed by workers' compensation laws.
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1
E. Rehabilitation Integration. An injured employee
who is eligible for workers' compensation
rehabilitation temporary disability benefits and
whose disability is medically permanent and
stationary will continue to receive salary- by
integrating sick leave and/or vacation accruals
with workers' compensation rehabilitation
temporary disability benefits until those accruals
are exhausted. Thereafter, the rehabilitation
temporary disability benefits will be paid directly
to the employee.
F. Health Insurance. The County contribution to the
employee's group insurance plan(s) continues
during the continuing pay period and during
integration of sick leave or vacation with workers'
compensation benefits.
G. Method of Integration:
An employee's sick leave and/or vacation
charges shall be calculated as follows:
C = 8 [1 - (W - S)]
C = sick leave or vacation charge per day (in hours)
W = statutory workers' compensation for a month
S = monthly salary
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14.7 Coordination of Benefits. It is understood that
the benefits specified above in this Section - 14 shall' be
coordinated with the rehabilitation program as determined
by the labor/management committee.
14.8 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay or an
unpaid military leave shall accrue any sick leave credits
during the time of such leave nor shall an employee who is
absent without pay accrue sick leave credits during the
absence.
14.9 Disability Insurance Review Committee. The
County shall establish a Disability Insurance Review
Committee consisting of one (1 ) representative from each
employee organization and four (4) management
representatives to review and recommend to the Director
of Human Resources the feasibility of implementing a self-
funded and self-administered disability insurance program.
14.10 Sick Leave Coalition. The County agrees to
meet and confer with a coalition of employee
organizations, including this council, to revise the County-
wide Sick Leave Policy. Such meet and confer sessions
shall take place during the term of this MOU.
14.11 Confidentiality of Information/Records Any
use of employee medical records will be governed by the
Confidentiality of Medical Information Act (Civil Code
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Sections 56 to 56.26).
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. Effective April 1 , 1994, the
County Human Resources Department will begin operation
of a Catastrophic Leave Bank which is designed to assist
any County employee who has exhausted all paid accruals
due to a serious or catastrophic illness, injury, or condition
of the employee or family member. The program
establishes and maintains a Countywide bank wherein any
employee who wishes to contribute may authorize that a
portion of his/her accrued vacation, compensatory time,
holiday compensatory time or floating holiday be deducted
from those account(s) and credited to the Catastrophic
Leave Bank. Upon approval, credits from the Catastrophic
Leave Bank may be transferred to a requesting
employee's sick leave account so that employee may
remain in paid status for a longer period of time, thus
partially ameliorating the financial impact of the illness,
injury, or condition.
Catastrophic illness or injury is defined as a critical
medical condition, a long-term major physical impairment
or disability which manifests itself during employment.
15.2 Qperation. The plan will be administered under
the direction of the Human Resources Director. The
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Human Resources Department will be responsible for
receiving and recording all donations of accruals and for
initiating transfer of credits from the Bank to the recipient's
sick leave account. Disbursement of accruals will be
subject to the approval of a six (6) member committee
composed of three (3) members appointed by the County
Administrator and three (3) members appointed by the
majority representative employee organizations. The
committee shall meet as necessary to consider all
requests for credits and shall make determinations as to
the appropriateness of the request and the amount of
accruals to be awarded. Consideration of all requests by
the committee will be on an anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to a
recipient will be in the form of sick leave accruals and shall
be treated as regular sick leave accruals.
To receive credits under this plan, an employee must have
permanent status, must have exhausted all time off
accruals to a level below eight (8) hours total, have applied
for a medical leave of absence and have medical
verification of need.
Donations are irrevocable and may be made in minimum
blocks of four (4) hours per donations from balances in the
vacation, holiday, floating holiday, compensatory time, or
holiday compensatory time accounts.
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Time donated will be converted to a dollar value and the
dollar value will be converted back to sick leave accruals
at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All
computations will be on a standard 173.33 basis, except
that employees on other than a forty (40) hour week will
have hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty
(1040) hours or its equivalent per catastrophic event; each
donor will be limited to one hundred twenty (120) hours
per calendar year.
No element of this plan is grievable. All appeals from
either a donor or recipient will be resolved on a final basis
by the Director of Human Resources.
This Catastrophic Leave Bank program is adopted on a
twelve (12) month pilot program ending April 1 , 1995. Its
continuation will be subject to consideration of
administrative ease of operation, cost and acceptance by
employees.
No employee will have any entitlement to catastrophic
leave benefits. The award of Catastrophic Leave will be at
the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awarded benefits.
Benefits may be denied, or awarded for less than six (6)
months. The committee will be entitled to limit benefits in
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ry h
accordance with available , contributions and to choose
from among eligible applicants, 'on -an anonymous basis,
those who will receive benefits.
Any unused hours transferred - to a recipient will be
returned to the Catastrophic Leave Bank.
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee who has
permanent status may be granted a leave of absence
without pay upon written request, approved by the
appointing authority; provided, however, that leaves for
pregnancy, pregnancy disability, serious health conditions,
and family care shall be granted in accordance with
applicable state and federal law.
16.2 General Administration " Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when
it is desired to begin the leave, and the probable date of
return.
A. Leave without pay may be granted for any of the
following reasons:
1 . Illness, disability or serious health condition;
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2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will
increase the employee's usefulness on
return to the position;
5. for other reasons or circumstances
acceptable to the appointing authority.
B. An employee must request family care leave at
least thirty (30) days before the leave is to begin
if the need for the leave is foreseeable. If the
need is not foreseeable, the employee must
provide written notice to the employer within five
(5) days of learning of the event by which the
need for family care leave arises.
C. A leave without pay may be for a period not to
exceed one (1 ) year, provided the appointing
authority may extend such leave for additional
periods. The . procedure in granting extensions
shall be the same as that in granting the original
leave, provided that the request for extension
must be made not later than thirty (30) calendar
days before the expiration of the original leave.
D. Nevertheless, a leave of absence for the
employee's serious health condition or for family
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care shall be granted to an employee who so
requests it for up to eighteen (18) weeks in each
calendar year period in accordance with Section
16.5 below.
E. , Whenever an employee who has been granted a
leave without pay desires to return before the
expiration of such leave, the employee shall
submit a request to the appointing authority in
writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior
approval by the appointing authority. The Human
Resources Department shall be notified promptly
of such return.
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
illness, disability, or serious health condition, the
decision of the appointing authority on granting or
denying leave or early return from leave shall be
subject to appeal to the Human Resources
Director and not subject to appeal through the
grievance procedure set forth in this MOU.
16.3 Furlough Days Without Pay. Subject to the
prior written approval of the appointing authority,
employees may elect to take furlough days or hours
without pay (pre-authorized absence without pay), up to a
maximum of fifteen (15) calendar days for any one period.
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Longer pre-authorized absences without pay are
considered leaves of absence without pay. Employees
who take furlough time shall have their compensation for
the portion of the month worked computed in accord with
Section 5.6 (Compensation for Portion of Month) of this
MOU. Full time and part-time employees who take
furlough time shall have their vacation, sick leave, floating
holiday, and any other payroll computed accruals
computed as though they had worked the furlough time.
When computing vacation sick leave, floating holiday, and
other accrual credits for employees taking furlough time,
this provision shall supersede Section 12.1 , 13.1 , 13.3,
and 14.2 of this MOU regarding the computation of
vacation, sick leave, floating holiday, and other accrual
credits as regards furlough time only. For payroll
purposes, furlough time (absence without pay with prior
authorization of the appointing authority) shall be reported
separately from other absences without pay to the Auditor-
Controller. The existing VTO program shall be continued
for the life of the contract.
16.4 Military Leave. Any employee who is 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
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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.
An employee who has been granted a military leave shall
not, by reason of such absence, suffer any loss of
vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee
be prejudiced thereby with reference to salary adjustments
or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in
. case of layoff or promotional examination, time on military
leave shall be considered as time in County service.
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidence of
performance of military service or of honorable discharge
as , the Director of Human Resources may deem
necessary.
16.5 Family Care Leave or Medical Leave. Upon
request to the appointing authority, in each calendar year
any employee who has permanent status shall be entitled
to at least eighteen (18) weeks leave (less if so requested
by the employee) for:
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A. medical leave of absence for the employee's own
serious health condition which makes the
employee. unable to perform the functions of the
employee's position; or
B. family care leave of absence without pay for
reason of the birth of a child of the employee, the
placement of a child with an employee in
connection with the adoption or foster care of the
child by the employee, or the serious illness or
health condition of a child, parent, spouse, or
domestic partner of the employee.
16.6 Intermittent Use of Leave. The employee may
be asked to provide certification of the need for family care
leave or medical leave. Additional period(s) of family care
or medical leave may be granted by the appointing
authority.
The eighteen (18) week entitlement may be in broken
periods, intermittently on a regular or irregular basis, or
may include reduced work schedules depending on the
specific circumstances and situations surrounding the
request for leave. The eighteen (18) weeks may include
use of appropriate available paid leave accruals when
accruals are used to maintain pay status, but use of such
accruals is not required beyond that specified in Section
16.12 below. When paid leave accruals are used for a
medical or family care leave, such time shall be counted
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as a part of the eighteen (1:8) week entitlement.
16.7 Aaareaate Use for Spouse. In the situation
where husband and wife are both employed by the
County, the family care of medical leave entitlement based
on the birth, adoption or foster care of a child is limited to
an aggregate for both employees together of eighteen (18)
weeks during each calendar year period. Employees
requesting family care leave are required to advise their
appointing authority(ies) when their spouse is also
employed by the County.
16.8 Definitions. For medical and family care leaves
of absence under this section, the following definitions
apply:
A. Child: A biological, adopted, or foster child,
stepchild, legal ward, conservatee or a child who
is under eighteen (18) years of age for whom an
employee stands in loco parentis or for whom the
employee is the guardian or conservator, or an
adult dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
C. Souse: A partner in marriage as defined in
California Civil Code Section 4100.
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D. Domestic Partner: An unmarried person,
eighteen (18) years or older, to whom the
employee is not related and with whom the
employee resides and shares the common
necessities of life.
E. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient: care in a
hospital, hospice or residential health care facility
or continuing treatment or continuing supervision
by a health care provider (e.g. physician or
surgeon) as defined by state and federal law.
F. Certification for Family Care Leave: A written
communication to the employer from a health
care provider of a person for whose care the
leave is being taken which need not identify the
serious health condition involved, but shall
contain:
1 . the date, if known, on which the serious
health condition commenced;
2. the probable duration of the condition;
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to'
3. an estimate of the amount of time which the
employee needs to render care or
supervision;
4. a statement that the serious health condition
warrants the participation of a family member
to provide care during period of treatment or
supervision;
5. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate that the intermittent leave or reduced
leave schedule is necessary for the care of
the individual or will assist in their recovery,
and its expected duration.
G. Certification for Medical Leave: A written
communication from a health care provider of an
employee with a serious health condition or
illness to the employer, which need not identify
the serious health condition involved, but shall
contain:
1 . the date, if known, on which the serious
health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to
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perform the functions of the employee's job;
4. if for.. intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave schedule
and its expected duration.
H. Comparable Positions: A position with the same
or similar duties and pay which can be performed
at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job
assignment will be the same duties in the same
program area located in the same city, although
specific clients, caseload, co-workers,
supervisor(s), or other staffing may have changed
during an employee's leave.
16.9 Pregnancy Disability Leave. Insofar as
Pregnancy disability leave is used under Section 14.3.D
(Sick Leave Utilization for Pregnancy Disability), that time
will not be considered a part of the eighteen (18) week
family care leave period.
16.10 Group Health Plan Coverage. Employees who
were members of one of the group health plans prior to
commencement of their leave of absence can maintain
their health plan coverage with the County contribution by
maintaining their employment in pay status as described in
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Section 16.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 16.6
above, the County will continue its contribution for such
health plan coverage even if accruals are not available for
use to maintain pay status as required under Section
16.12. In order to maintain such coverage, employees are
required to pay timely the full employee contribution to
maintain their group health plan coverage, either through
payroll deduction or by paying the County directly.
16.11 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve
(12) month period of any leave of absence
without pay, an employee may elect to maintain
pay status each month by using available sick
leave (if so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation,
floating holiday, compensatory time off or other
accruals or entitlements; in other words, during
the first twelve (12) months, a leave of absence
without pay may be "broken" into segments and
accruals used on a monthly basis at the
employee's discretion. After the first twelve (12)
months, the leave period may not be "broken"
into segments and accruals may not be used,
except when required by LTD Benefit
Coordination or SDI/Sick Leave Integration or as
provided in the sections below.
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B. Family Care or Medical Leave. During the
eighteen (18) weeks of an approved medical or
family care leave, if a portion of that leave will be
on a leave of absence without pay, the employee
will be required to use at least 0.1 hour of sick
leave (if so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation
floating holiday, compensatory time off or other
accruals or entitlements if such are available,
although use of additional accruals is permitted
under subsection A. above.
C. Leave of Absence/Long Term Disability
Benefit Coordination. An eligible employee who
files an LTD claim and concurrently takes a leave
of absence without pay will be required to use
accruals as provided in Section B herein during
the eighteen (18) week entitlement period of a
medical leave specified above. If an eligible
employee continues beyond the eighteen (18)
week entitlement period on a concurrent leave of
absence/LTD claim, the employee may choose to
maintain further pay status only as allowed under
subsection A. herein.
D. Sick leave accruals may not be used during any
leave of absence, except as allowed under
Section 14.3 - Policies Governing the Use of Paid
Sick Leave.
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r'a`c
16.12 Leave of Absence Replacement &
Reinstatement. Any permanent`' employee who requests
reinstatement to the classification held by the employee in
the same department at the time the employee was
granted a leave of absence, shall be reinstated to a
position in. that classification and department and then only
on the basis of seniority. In case of severance from
service by reason of- the reinstatement of a permanent
employee, the provisions of Section 11 (Seniority,
Workforce Reduction, Layoff,- & Reassignment Seniority)
shall apply.
16.13 Reinstatement From Family Care Medical
Leave. In the case of a family care or medical leave, an
employee on a 5/40 schedule shall be reinstated to the
same or comparable .position if the return to work is after
no more than ninety (90) work days of leave from the initial
date of a continuous leave, including use of accruals, or
within the equivalent on an alternate work schedule. A full
time employee taking an intermittent or reduced work
schedule leave shall be reinstated to the same or
comparable position if the return to work on a full schedule
is after no more than seven hundred twenty (720) hours,
including use of accruals, of intermittent or reduced
schedule leave. At the time the original leave is approved,
the appointing authority shall notify the employee in writing
of the final date to return to work, or the maximum number
of hours of leave, in order to guarantee reinstatement to
the same or comparable position. An employee on a
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schedule other than 5/40 shall have the time frame for
reinstatement to the same or comparable position adjusted
on a pro rata basis.
16.14 Salary Review While on Leave of Absence.
The salary of an employee who is on leave of absence
from a County position on any anniversary date and who
has not been absent from the position on leave without
pay more than six (6) months during the preceding year,
shall be reviewed on the anniversary date. Employees on
military leave shall receive salary increments that may
accrue to them during the period of military leave.
16.15 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty after
a leave request has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration of
a leave, shall be without pay. Such absence may also be
grounds for disciplinary action.
16.16 Non-Exclusivity. Other NIOU language on this
subject, not in conflict, shall remain in effect.
SECTION 17 - JURY DUTY AND WITNESS DUTY
Duty. For purposes of this Section, jury duty shall be
defined as any time an employee is obligated to report to
the court.
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1 . When called for jury duty,, County employees, like
other citizens, are expected to discharge their
jury duty responsibilities.
2. Employees shall advise their department as soon
as possible if scheduled to appear for jury duty.
3. If summoned for jury duty in a Municipal,
Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County
pay status, or they'may take paid leave (vacation,
floating holiday, etc.) or leave without pay and
retain all fees and expenses paid to them.
4. When an employee is summoned for jury duty
selection or is selected as a juror in a Municipal,
Superior or Federal Court, employees may
remain in a regular pay status if they waive all
fees (other than mileage), regardless of shift
assignment and the following shall apply:
a. If an employee elects to remain in a regular
pay status and waive or surrender all fees
(other than mileage), the employee shall
obtain from the Clerk or Jury Commissioner
a certificate indicating the days attended and
noting that fees other than mileage are
waived or surrendered. The employee shall
furnish the certificate to his department
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where it will be retained as a department
record. No "Absence/Overtime Record" is
required.
b. An employee who elects to retain all fees
must take leave (vacation, floating holiday,
etc.) or ' leave without pay. No court
certificate is required but an
"Absence/Overtime Record" must be
submitted to the department payroll clerk.
5. Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that
would affect their ability to properly serve as
jurors.
6. An employee on short notice standby to report to
court, whose job duties make short notice
response impossible or impractical, shall be given
alternate work assignments for those days to
enable them to respond to the court on short
notice.
7. When an employee is required to serve on jury
duty, the County will adjust that employee's work
schedule to coincide with a Monday to Friday
schedule for the remainder of their service,
unless the employee requests otherwise.
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Participants in 9/80 or .4/10 work schedules will
not receive overtime or compensatory time credit
for jury duty on their scheduled days off.
8. Permanent-intermittent employees are entitled to
paid jury duty leave only for those days on which
they were previously scheduled to work.
Witness Dutv. Employees called upon as a witness or an
expert witness in a case arising in the course of their work
or the work of another department may remain in their
regular pay status and turn over to the County all fees and
expenses paid to them other than mileage allowance or
they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases
or personal matters (e.g., accident suits and family
relations) shall take vacation leave or leave without pay
and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty as set forth in Section 17
of this MOU. Employees shall advise their,department as
soon as possible if scheduled to appear for witness duty.
Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were
previously scheduled to work.
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SECTION 18 - HEALTH & WELFARE, LIFE & DENTAL
CARE
18.1 County Programs. The County will continue the
existing County Group Health Plan program of medical,
dental and life insurance coverage through Delta Dental
Plan, Safeguard Dental Plan, Aetna Life Insurance and the
medical insurance options of Kaiser-Permanente
Foundation Health Plan, and the Contra Costa County
Health Plan (CCHP), to all permanent employees regularly
scheduled to work twenty (20) or more hours per week.
Effective February 1 , 1994 the QualMed Health Plan will
be added. During the term of this MOU, all conditions and
agreements regarding health, dental and related benefits
contained in the January 13, 1994 Agreement (attached as
Exhibit A) between the County and the Labor Coalition
shall be in effect.
18.2 Rate Information. The County Benefits Division
will make health and dental plan rate information available
upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to
employees and departments information about rate
changes as they occur during the year.
The County's contribution to the health plan premium is
payable for any month in which the employee is paid. If an
employee is not paid enough compensation in a month to
pay the employee share of the premium, the employee
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must make up the difference ,.by, remitting the amount
delinquent to the Auditor-Controller. The responsibility for
this payment rests with the employee. If payment is not
made, the employee shall be dropped from the health
plan. An employee is thus covered by the health .plan for
the month in which compensation is paid.
An employee who is on approved leave of absence may
convert to individual health plan coverage within thirty (30)
days of the commencement of leave.
18.3 Medicare Rates. Corresponding Medicare rates
for employees covered under this MOU shall be as
follows: for Employee Only on Medicare by taking the
Employee Only rate for the option selected and subtracting
the, monthly Part B Medicare premium withheld from Social
Security payments for one enrollee; for Employee and
Dependent(s) with one member on Medicare by taking the
Employee and Dependent(s) rate for the option selected
and subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one enrollee;
for Employee and Dependent(s) with two members on
Medicare by taking the Employee and Dependent(s) rate
for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments
for two enrollees.
18.4 Partial Month. The County's contribution to the
Health Plan premium is payable for any month in which
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the employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the
premium, the employee must make up the difference by
remitting the amount delinquent to the Auditor-Controller.
The responsibility for this payment rests with the
employee. If payment is not made, the employee shall be
dropped from the health plan. An employee is thus
covered by the health plan for the month in which
compensation is paid.
18.5 Coveraae During Absences. An employee on
approved leave shall be allowed to continue his/her health
plan coverage at the County group .rate for twelve (12)
months provided that the employee shall pay the entire
premium for the Health Plan during said leave.
An employee on leave in excess of twelve (12) months
may continue health plan coverage by converting to an
individual health plan option (if available) or continuing
group coverage subject to the provisions of the
Consolidated Omnibus Budget Reduction Act (COBRA)
provided the employee pays the entire cost of coverage,
plus any administrative fees, for the option selected. The
entire cost of coverage shall be paid at a place and time
specified by the County. Late payment may result in
cancellation of health plan coverage with no reinstatement
allowed.
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An employee who terminates County employment is only
covered through the month in which he is credited with
compensation but may convert to individual health plan
coverage, if available, or may continue County Group
health plan coverage to the extend provided under
COBRA by making premium payments to the County at a
time and place specified by the County.
18.6 Retirement Coverage. Upon retirement,
employees may remain in the same County group medical
plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if
on authorized leave of absence without pay they have
retained individual conversion, membership from the
County plan.
18.7 Dual Coverage. If a husband and wife both work
for the County and one of them is laid off, the remaining
eligible shall be allowed to enroll or transfer into the health
coverage combination of his/her,choice.
An eligible employee who is no longer covered for medical
or dental coverage through a spouse's coverage shall be
allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under, the spouse's
plan.
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18.8 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 $2,400 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 cannot be recovered by
the employee.
18.9 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 meeting scheduled by PERS Long Term
Care on County facilities during non-work hours. (i.e.:
coffee breaks, lunch hour).
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f >
18.10 Deferred Retirement. . Effective two (2) 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 twenty-four (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 thirty (30) days
before their separation from county service.
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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 eleventh (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 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 (3) 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
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l_.
monthly retirement allowance within not more than
twenty-four (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.
18.11 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.
SECTION 19 - PROBATIONARY PERIOD
19.1 Duration. All appointments from officially
-promulgated employment lists for original entrance or
promotion shall be subject to a probationary period. This
period shall be from six (6) month to two (2) years
duration.
19.2 Revised Probationary Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be
subject to the revised probationary period.
19.3 Criteria. The probationary period shall date from
the time of appointment to a permanent position after
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certification from an eligible list. It shall not include time
served under provisional appointment or under
appointment to limited term positions or any period of
continuous leave of absence without pay or period of work
connected disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent
positions with a six (6) month probation period, probation
will be considered completed upon serving one thousand
(1 ,000) hours after appointment except that in no instance
will this period be less than six (6) calendar months from
the beginning of probation. If a permanent-intermittent
probationary employee is reassigned to full time, credit
toward probation completion in the full time position shall
be prorated on the basis of one hundred seventy-three
(173) hours per month.
19.4 Reiection Durina Probation. An employee who
is rejected during the probation period and restored to the
eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from Rejection. Notwithstanding any
other provisions of this section, an employee
(probationer) shall have the right to appeal from
any rejection during the probationary period
based on political or religious affiliations or
opinions, Council activities, or race, color,
national origin, sex, age, disability, or sexual
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�r
orientation.
B. The appeal must be written, must be signed by
the employee and set forth the grounds and facts
by which it is claimed that grounds for appeal
exist under Subsection (A) and must be filed
through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th)
calendar day after the date of delivery to the
employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if
it finds probable cause to believe that the
rejection may have been based on grounds
prohibited in Subsection (A), it may refer the
matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law
and decision, pursuant to the relevant provisions
of the Merit Board rules in which proceedings the
rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after hearing,
the Merit Board upholds the appeal, it shall direct
that the appellant be reinstated in the position
and the appellant shall begin a new probationary
period unless the Merit Board specifically
reinstates the former period.
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19.5 Reaular Appointment. The regular appointment
of a probationary employee shall begin on the day
following the end of the probationary period, subject to the
condition that the Director of Human Resources receive
from the appointing authority a statement in writing that the
services of the employee during the probationary period
were satisfactory and that the employee is recommended
for permanent appointment. A probationary employee may
be rejected at any time during the probation period without
regard to the Skelly provisions of this MOU, without notice
and without right of appeal or hearing except as provided
in Section 19.4.A. If the appointing authority has not
returned the probation report, a probationary employee
may be rejected from the service within a reasonable time
after the probation period for failure to pass probation. If
the appointing authority fails to submit in a timely manner
the proper written documents certifying that a probationary
employee has served in a -satisfactory manner and later
acknowledges it was his or her intention to do so, the
regular appointment shall begin on the day following the
end of the probationary period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee had
been promoted or transferred from an eligible list, shall be
restored to a position in the department from which the
employee was promoted or transferred.
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i.
An employee dismissed for other than disciplinary reasons
within six (6) months after being promoted or transferred
from a position in the Merit System to a position not
included in the Merit System shall be restored to a position
in the classification in the department from which the
employee was promoted or transferred.
A probationary employee who has been rejected or has
resigned during probation shall not be restored to the
eligible list from which the employee was certified unless
the employee receives the affirmative recommendation
from the appointing authority and is certified by the Human
Resources Director whose decision is final. The Director
of Human Resources shall not certify the name of a
person restored to the eligible list to the same appointing
authority by whom the person was rejected from the same
eligible list, unless such certification is requested in writing
by the appointing authority.
19.6 Layoff During Probation. An employee who is
laid off during probation, if reemployed in the same class
by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full probationary
period. An employee appointed to a permanent position
from a layoff or reemployment list is subject to a probation
period if the position is in a department other than the
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department from which the employee separated,
displaced, or voluntarily demoted in lieu of layoff. An
appointment from ,, a layoff or reemployment list is not
subject to a probation period if the position is in the
department from which the employee separated, displaced
or voluntarily demoted in lieu of layoff.
19.7 Resection During Probation of Lavo�flF
Employee. An employee who has achieved permanent
status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the
probation period shall be automatically restored to the
layoff list, unless discharged for cause, if the person is
within the period of layoff eligibility. The employee shall
begin a new probation period of subsequently certified and
appointed in a different department or classification than
that from which the employee was laid off.
SECTION 20 - PROMOTION
20.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in this
MOU.
20.2 Promotion Policy. The Director of Human
Resources, upon request of an appointing authority, shall
determine whether an examination is to be called on a
promotional basis.
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.L.
20,3 Open Exams. If an examination for one of the
classes represented by the Council is proposed to be
announced on an Open only basis the Director of Human
Resources shall give five (5) days prior notice of such
proposed announcement and shall meet at the request of
the Council to discuss the reasons for such open
announcement.
20.4 Promotion via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his position
reclassified at the request of the appointing authority and
under the following conditions:
A. An evaluation of the position(s) in question must show
that the duties and responsibilities have significantly
increased and constitute a higher level of work.
B. The incumbent of the position must have performed at
the higher level for one (1 ) year.
C. The incumbent must meet the minimum education and
experience requirements for the higher class.
D. The action must have approval of the Human
Resources Director.
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E. The Council approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
20.5 Requirements for Promotional Standing. In
order to qualify for an examination called on a promotional
basis, an employee must have probationary or permanent
status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing date. ' If an employee who is
qualified on a promotional employment list is separated
from the merit system, except by layoff, the employee's
name shall be removed from the promotional list.
20.6 Senioritv Credits. Employees who have
qualified to take promotional examinations and who have
earned a total score, not including seniority credits, of
seventy percent (70%) or more, shall receive, in addition
to all other credits, five one-hundredths of one percent
(.05%) for each completed month of service as a
permanent County employee continuously preceding the
final date for filing application for said examination. For
purposes of seniority credits, leaves of absence shall be
considered as service. Seniority credits shall be included
in the final percentage score from which the rank on ,the
promotional list is determined. No employee, however,
shall receive more than a total of five percent (5%) credit
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for seniority in any promotional examination.
20.7 Physical Examinations. County employees who
are required as part of the promotional examination
process to take a physical examination shall do so on
County time at County expense.
-SECTION 21 - TRANSFER
21 .1 Conditions. The following conditions are required
in order to qualify for transfer:
A. The position shall be in the same class, or if in a
different class shall have been determined by the
Director of Human Resources to be appropriate for
transfer on the basis of minimum qualifications and
qualifying procedure.
B. The employee shall have permanent status in the merit
system and shall be in good standing.
C. The appointing authority or authorities involved in the
transaction shall have indicated their agreement in
writing.
D. the employee concerned shall have indicated
agreement to the change in writing.
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E. the Director of Human Resources shall have approved
the change.
Notwithstanding the foregoing, transfer 'may also be
accomplished through the regular appointment procedure
provided that the individual desiring transfer has eligibility
on a list for a class for which appointment is being
considered.
21 .2 Procedure. Any employee or appointing
authority who desires to initiate a transfer may inform the
Director of Human Resources in writing of such desire
stating the reasons therefor. The Director of Human
Resources shall if he or she considers that the reasons
are adequate and that the transfer will be for the good of
the County service and the parties involved, inform the
appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in
accomplishing the transfer.
SECTION 22 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the
Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective
date of termination. Oral resignation shall be immediately
confirmed by the appointing authority in writing to the
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employee and to the Human Resources Department and
shall indicate the effectivedate of termination.
22.1 Resignation in Good Standing. A resignation
giving the appointing authority written notice at least two
(2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice)
is a resignation in good standing.
22.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
A. An employee has been absent from duty for five (5)
consecutive working days without leave, and;
B. Five (5) more consecutive working days have elapsed
without response by the employee after the mailing of a
notice of resignation by the appointing authority to the
employee at the employee's last known address.
C. Employees working a 4/10 schedule shall have
constructively resigned if four (4) days elapse as
provided in "A" above followed by four (4) more days as
provided in "B" above.
22.3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
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22.4 Revocation. A resignation that ' is effective is
revocable only by written concurrence of the employee
and the appointing authority.
22.5 Coerced Resianations.
A. Time Limit. A resignation which the employee believes
has been coerced by the appointing authority may be
revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of
Human Resources and a copy on the appointing
authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have believed
that the resignation was coerced, it shall be revoked
and the employee returned to duty effective on the day
following the appointing authority's acknowledgment
without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of
the notice, the appointing authority acknowledges that
the resignation could have been believed to be
coerced, this question should be handled as an appeal
to the Merit Board. In the alternative, the employee
may file a written election with the Director of Human
Resources waiving the employee's right of appeal to
the Merit Board in favor of the employee's appeal rights
under the grievance procedure contained in Section 24
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of the MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the employee
returned to duty effective on the day following the
decision but without loss of seniority or pay, subject to
the employee's duty to mitigate damages.
SECTION 23 - DISMISSAL SUSPENSION,
TEMPORARY REDUCTION IN PAY, AND DEMOTION
23.1 Sufficient Cause for Action. The appointing
authority may dismiss, suspend, temporarily reduce the
pay of, or demote any employee for cause. A temporary
reduction in pay is not to exceed more than five percent
(5%) for ,a period of three (3) months. The following are
sufficient causes for such action; the list is indicative rather
than inclusive of restrictions and dismissal, suspension,
reduction in pay, or demotion may be based on reasons
other than those specifically mentioned:
A. absence without leave,
B. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system into
disrepute,
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D. disorderly or immoral conduct,
E. incompetence or inefficiency,
F. insubordination,
G. being at work under the influence of liquor or drugs,
carrying onto the premises liquor or drugs or
consuming or using liquor or drugs during work hours
and/or on County premises,
H. neglect of duty (i.e. non-performance of assigned
responsibilities),
1. negligent or willful damage to public property or waste
of public supplies or equipment,
J. violation of any lawful or reasonable regulation, or order
given by a supervisor or Department Head,
K. willful violation of any of the provisions of the merit
system ordinance or Personnel Management
Regulations,
L. material and intentional misrepresentation or
concealment of any fact in connection with obtaining
employment,
M. misappropriation of County funds or property,
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N. unreasonable failure or refusal to undergo any physical,
medical and/or psychiatric exam and/or treatment
authorized by this MOU,
O. dishonesty or theft,
P. excessive or unexcused absenteeism and/or tardiness,
Q. sexual harassment, including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning an
individual, or unreasonably interfering with an
individual's work performance, or creating an
intimidating and hostile working environment.
23.2 Skelly R uiremeOAS. Before taking a
disciplinary action to dismiss, suspend, for more than five
(5) work days (four (4) work days for employees on 4/10
work week), reduce the pay of, or demote an employee,
the appointing authority shall cause to be served
personally or by certified mail, on the employee, a Notice
of Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions
and grounds upon which the action is based.
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C. If it is claimed that the employee has violated a rule or
regulation of the County, department or district, a copy
of said rule shall be included with the notice.
D. A statement that the employee may review and request
copies of materials 'upon which the proposed action is
based.
E. A statement that the employee has seven (7) calendar
days to respond to the appointing authority either orally
or in writing.
23.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served shall
have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed
action may be taken. Upon request of the employee and
for good cause, the appointing authority may extend in
writing the ,period to respond. If the employee's response
is not filed within seven (7) days or any extension, the right
to respond is lost.
23.4 Leave Pendingvee Resat. Pending
response to a Notice of Proposed Action within the first
seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the
employee on temporary leave of absence, with pay.
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23.5 Lenath of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered by an
arbitrator, an adjustment board or the Merit Board.
23.6 Procedure on Dismissal, Suspensions
Temporary Reduction in Pad[, or Disciplinary
Demotion.
A. In any disciplinary action to dismiss, suspend,
temporarily reduce the pay of, or demote. an employee
having permanent status in a position in the merit
system, after having complied with the Skelly
requirements where applicable, the appointing authority
shall make an order in writing stating specifically the
causes for the action.
B. Service of Order. Said order of dismissal, suspension,
temporary reduction in pay, or demotion shall be filed
with the Director of Human Resources, showing by
whom and the. date a copy was served upon the
employee to be dismissed, suspended, temporarily
reduced in pay, ' or demoted, either personally or by
certified mail to the employee's last known mailing
address. The order shall be effective either upon per-
sonal service or deposit in the U. S. Postal Service.
C. Employee Appeals from Order. The employee may
appeal an order of dismissal, suspension, temporary
reduction in pay, or demotion either to the Merit Board
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or through the procedures of Section 24 - Grievance
Procedure of this MOU provided that such appeal is
filed in writing.. with the Human Resources Director
within ten (10) calendar days after service of said order.
An employee may not both appeal to the Merit Board
and file a grievance under Section 24 of this MOU.
23.7 Weingarten Rights. In accordance with
applicable Federal law, an employee is entitled to have a
union representative present at an investigatory interview
with the employee's supervisor when the employee
reasonably believes that disciplinary action might result. It
is the responsibility of the employee to request the
presence of a union representative, and when such a
request is made by the employee, the investigatory
interview shall be temporarily recessed for a reasonable
period of time until a union representative can be present.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps. A grievance
is any dispute which involves the interpretation or
application of any provision of this MOU excluding,
however, those, provisions of this MOU which specifically
provide that the decision of any County official shall be
final, the interpretation or application of those provisions
not being subject to the grievance procedure. The Council
may represent the employee at any stage of the process.
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Grievances must be filed within. thirty (30) days of the
incident or occurrence about which the employee claims to
have a grievance and shall be processed in the following
manner:
Steffi. Any employee or group of employees who
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment shall
discuss the complaint with the grievant's immediate
supervisor, who shall meet with the grievant within five (5)
days of receipt of a written request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step
1 above, the grievant may submit the grievance in writing
within ten (10) work days to such management official as
the Department Head may designate. This formal written
grievance shall state which provision of the MOU has .been
misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's
detriment, and the redress the grievant seeks. A copy of
each written communication on a grievance shall be filed
with the Director of Human Resources. The Department
Head or his or her designee shall have ten (10) work days
in which to respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step
2 above, the grievant may appeal in writing within ten (10)
workdays to the Human Resources Director. The Human
Resources Director or his or her designee shall have
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twenty (20) work days in which to investigate the merit of
the complaint and to meet with the Department Head and
the grievant and attempt to settle the grievance and
respond in writing.
Step No grievance may be processed under this
Section which has not.-first been filed and investigated in
accordance with Step 3 above and filed within ten (10)
work days of the written response of the Human
Resources Director or designee. If the parties are unable
to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this MOU,
such grievance shall be submitted in writing to an
Adjustment Board comprised of three (3) Council
representatives, no more than two (2) of whom shall be
either an employee of the County or an elected or
appointed official of the Council presenting this grievance,
and three (3) representatives of the County, no more than
two (2) of whom shall be either an employee of the County
or a member of the staff of an organization employed to
represent the County in the meeting and conferring
process. Where the parties agree, the Adjustment Board
may be comprised of two (2) Council representatives and
two (2) County representatives. The Adjustment Board
shall meet within twenty (20) work days of receipt of the
written request and render a decision. If the County fails to
meet the time limits specified in Step 4 and the grievant
demands in writing that an Adjustment Board be
convened, the County will convene an Adjustment Board
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within ten (10) work days of receipt of the original request.
Step 5. If an Adjustment Board is unable to arrive at a
majority decision, either the grievant (or the County, when
alleging a violation of Section 24.6 below) may require that
the grievance be referred to an impartial arbitrator who
shall be designated by mutual agreement between the
grievant and the Human Resources Director. Such
request shall be submitted within twenty (20) workdays of
the rendering of the Adjustment Board decision. Within
twenty (20) days of the request for arbitration the parties
shall mutually select an arbitrator who shall render a
decision within thirty (30) work days from the date of final
submission of the grievance including receipt of the court
reporter's transcript and post-hearing briefs, if any. The
fees and expenses . of the arbitrator and of the Court
Reporter shall be shared equally by the grievant and the
County. Each party, however, shall bear the costs of its
own presentation, including preparation and post hearing
briefs, if any.
24.2 Scope of Adjustment Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators on
matters properly before them shall be final and binding
on the parties hereto, to the extent permitted by law.
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B. No Adjustment Board and no arbitrator shall entertain,
hear, decide or make recommendations on any dispute
unless such dispute involves a position in a unit
represented by the Council which has been certified as
the recognized employee organization for such unit and
unless such dispute falls within the definition of a
grievance as set forth in Step 1 above.
C. Proposals to add to or change this MOU or to change
written agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend, or
terminate this MOU, nor any matter or subject arising
out of or in connection with such proposals, may be
referred to arbitration under this Section. Neither any
Adjustment Board nor any arbitrator shall have the
power to amend or modify this MOU or written
agreements supplementary hereto or to establish any
new terms or conditions of employment.
D. If the Human Resources Director in pursuance of the
procedures outlined in Step 3 above, or the Adjustment
Board in pursuance of the provisions of Step 4 above
resolve a grievance which involves suspension or
discharge, they may agree to payment for lost time or
to reinstatement with or without payment for lost time.
E. No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
Boards or arbitration proceedings hereunder) will be
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recognized unless agreed to by the County and the
Council.
24.3 Time Limits. The time limits specified above may
be waived by mutual agreement of the parties to the
grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will
automatically move to the next step. If a grievant fails to
meet the time limits specified in Steps 1 through 5 above,
the grievance will be deemed to have been settled and
withdrawn.
24.4 Council Notification. An official, with whom a
formal grievance is filed by a grievant who is included in a
unit represented by the Council in the grievance, shall give
the Council a copy of the grievance.
24.5 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Human Resources
Director. Only complaints which allege that employees are
not being compensated in accordance with the provisions
of this MOU shall be considered as grievances. Any other
matters of compensation are to be resolved in the meeting
and conferring process, if not detailed in the MOU which
results from such meeting and conferring process shall be
deemed withdrawn until the meeting and conferring
process is next opened for such discussion. No
adjustment shall be retroactive for more than six (6)
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months from the date upon which the complaint was filed.
No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Board or
arbitration proceedings hereunder) will be recognized
unless agreed to by the County and the Council.
24.6 StrikeMork Stoppage. During the term of this
MOU, the Council, its members and representatives,
agree that it and they will not engage in, authorize,
sanction, or support any strike, slowdown, stoppage of
work, sick-out, or refusal to perform customary duties.
In , the case of a legally declared lawful strike against a
private or public sector employer which has been
sanctioned and approved by the labor body or union
having jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket line,
provided the employee advises his or her supervisor as
soon as possible, and provided further that an employee
may be required to cross a picket line where the
performance of his or her duties is of an emergency nature
and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
24.7 Merit Board. All grievances of employees in
representation units represented by the Council shall be
processed under Section 24 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
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`Sr s
No action under Steps .3, 4 and. . 5 of Subsection 24.1
above shall be taken if action on the complaint or
grievance has been taken by the - Merit Board, or if the
complaint or grievance is pending before the Merit Board.
24.8 Filing by Council. The Council may file a
grievance at Step 3 on'behalf of affected employees when
action by the County Administrator or the Board of
Supervisors violates a provision of this MOU.
SECTION 25 - RETIREMENT
25.1. Contribution
Pursuant to Government Code Section 31581 .1 , the
County will continue to pay fifty percent (50%) of the
retirement contributions normally required of employees.
Such payments shall continue for the duration of this
MOU, and shall terminate thereafter. Employees shall be
responsible for payment of the employees' contribution for
the retirement cost of living program as determined by the
Board of Retirement of the Contra Costa County
Employees' Retirement Association without the County
paying any part of the employees share. The County will
pay the remaining one-half (1/2) of the retirement cost-of-
living program contribution.
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25.2 Tier-1211. 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
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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 i I
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
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
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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
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T:'
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.
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.
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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.
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r,
SECTION 26 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall
govern reimbursement for training and shall limit
reimbursement for career development training to $217
per semester or $162.50 per quarter, not to exceed $650
per year, except as otherwise provided in the
supplemental sections of this MOU. Effective July 1 , 1996
reimbursement under the above limits for the cost of books
for career development training shall be allowable.
SECTIQN 27 - MILEAGE REIMBURSEMENT
A. Reimbursement for Use of Personal Vehicle.
The mileage allowance for use of personal vehicles on
County business shall be paid according to the rates
allowed by the Internal Revenue Service (currently $.31
per mile) and shall be adjusted to reflect changes in
this rate on the date it becomes effective or the first of
the month following announcement of the changed rate
by the Internal Revenue Service, whichever is later.
B. Charge for Use of Home Garaged County Vehicle.
Employees hired after July 1 , 1994 who are assigned
vehicles to garage at home will be charged the IRS
mileage rate for all commute miles driven outside the
limits of Contra Costa County that exceed thirty (30)
miles round-trip in any one day.
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SECTION 29 - PERSONNEL FILES
An employee shall have the right to inspect and review
any official record(s) relating to his or her performance as
an employee or to a grievance concerning the employee
which is kept or maintained by the County in the
employee's personnel' file in the Human Resources
Department or in the employee's personal history file in
their department. The contents of such records shall be
made available to the employee for inspection and review
at reasonable intervals during the regular business hours
of the County.
The County shall provide an opportunity for the employee
to respond in writing to any information which is in the
employee's personnel file about which he or she
disagrees. Such response shall become a permanent part
of the employee's personnel record. The employee shall
be responsible for providing the written responses to be
included as part of the employee's permanent personnel
record.
All documents pertaining to disciplinary actions shall be
placed in an official personnel file maintained by the
Human Resources Department or in an official personnel
file maintained by their department. Copies of written
reprimands or memoranda pertaining to an employee's
unsatisfactory performance which are to be placed in the
employee's personnel file shall be given to an employee
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who shall have the right to respond in writing to said
documents. Letters of reprimand are subject to the
grievance procedure but shall not be processed past Step
3 unless said letters are used, in a subsequent discharge,
suspension or demotion of the employee. Copies of
letters of commendation which are to be placed in the
employee's personnel file will be given to the employee.
Employees have the right to review their official personnel
files which are maintained in the Human Resources
Department or by their department. In a case involving a
grievance or disciplinary action, the employee's
designated representative may also review 'his/her
personnel file with specific written authorization from the
employee.
SECTION 29 - PROFESSIONAL DEVELOPMENT
29.9 Professional Development Reimbursement.
Each full-time employee shall be eligible to claim up to
$275.00 per year for professional development during the
duration of this MOU. For each two (2) year period,
starting January 1 , 1994, eligible employees will be
allowed reimbursement under this Section to a total of
$550.
Allowable expenses include the following activities and
materials directly. related to the profession in which the
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individual is engaged as a County employee:
A. Membership dues to professional organizations.
B. Registration fees for attendance at professional
meetings, conferences, and seminars.
C. Books, journals, and periodicals.
D. Tuition and textbook reimbursement for accredited
college or university classes.
E. Professional license fees required by the employee's
classification.
F. Application and examination fees for registration as a
professional engineer, architect, or engineer-in-training.
G. Certain job-related instruments, computer software and
computer hardware from a standardized County
approved list or with Department Head approval,
provided each Engineer complies with the provisions of
the Computer Use and Security Policy adopted by the
Board of Supervisors and manuals.
Exclusions:
Items specifically not authorized for purchase with these
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funds include, but are not necessarily limited to the
following:
A. Health program memberships and physical fitness
equipment.
B. Equipment or supplies not specifically required for or
directly related to participation in a professional
conference, seminar or workshop.
C. General office supplies.
D. Magazine subscriptions, newspapers, periodicals, or
journals or general circulation such as Time,
Newsweek, Press Democrat Newspaper, etc.
E. Time planners or calendar-type books.
29.2 Continuina Education Allowance. Employees
in classifications represented by the Western Council of
Engineers shall be eligible to receive a 2.5% Continuing
Education Allowance effective the first of the month
following adoption of the Memorandum of Understanding
by the Board of Supervisors. The employee must annually
complete at least sixty (60) hours of approved education or
training or at least three (3) semester units of department
approved college credit or approved combination thereof.
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29.3 Qrofessional Examination Time Off. Effective
July 1 , 1992 employees will be permitted, one time only
during their career :with the County, to be granted release
time with pay to participate in any part of the examination
for Professional Engineer, Land Surveyor or Architect.
Specific language to be developed.
SECTION 30 - FLEX-TIME
It is understood that Resolution No. 75/1037 pertaining to
flex-time may be applied to the Professional Engineers
Unit as well as other County employees. Nothing
contained in this MOU prohibits the Department Head from
implementing a flex-time system for employees in the
Professional Engineers Unit. The Department Head, prior
to implementation, shall discuss the implementation of any
flex-time system involving employees represented by the
Western Council of Engineers with the Council. Then the
department shall determine if said flex-time is feasible
following a trial period and then shall submit the plan to the
County Administrator for approval. Upon written request
to the Labor Relations Manager, Western Council of
Engineers may request to meet with the Department Head
for the purpose of proposing an alternate flexible work
schedule.
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SECTION 31 - BOOK REIMBURSEMENT
The County agrees to reimburse members of the
Professional Engineers Unit for the full cost of books
purchased when, the books are required for job related
training for which the employee receives full
reimbursement of registration fees and/or tuition.
SECTION 32 - SAFETY SHOES AND PRESCRIPTION
SAFETY EYEGLASSES
The County shall reimburse employees for safety shoes
and prescription safety eyeglasses in those classifications
the County has determined are eligible for such
reimbursement. For each two (2) year period starting
January 1 , 1994, eligible employees will be allowed
reimbursement for the purchase and repair of safety shoes
up to a maximum of one hundred sixty ($160). There is no
limitation on the number of shoes or number of repairs
allowed.
The County will reimburse eligible employees for up to one
(1 ) pair per year of prescription safety eyeglasses which
are approved by the County and are obtained from such
establishment as required by the County.
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SECTION 33 - SERVICE AWARDS
The County shall continue its present policy with respect to
service awards including time off; provided, however, that
the type of award given shall be at the sole discretion of
the County.
SECTION 34 - REIMBURSEMENT FOR MEAL
EXPENSES
Employees shall be reimbursed for meal expenses under
the following circumstances and in the amount specified:
A. When the employee is required by his/her Department
Head to attend a meeting concerning County business
or County affairs.
B. When the employee is required to be out of his/her
regular or normal work area during a meal hour
because of a particular work assignment.
C. When the employee is required to stay over to attend
consecutive or continuing afternoon and night sessions
of a board or commission.
D. When the employee is required to incur expenses as
host for official guests of the County; work as members
of examining boards, official visitors, and speakers or
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i9:n
honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or
more hours of overtime; in this case he or she may be
reimbursed in accordance with the Administrative
Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from
home or away from the facility in the case of employees at
twenty-four (24) hour institutions.
Procedures and definitions relative to reimbursement for
meal expenses shall be in accordance with the
Administrative Bulletin on Expense Reimbursement.
SECTION 35 - PERSONAL PROPERTY
REIMBURSEMENT
The loss or damage to personal property of employees is
subject to reimbursement under the following conditions.
A. The loss or damage must result from an event which is
not normally encountered or anticipated on the job and
which is not subject to the control of the employee.
B. Ordinary wear and tear of personal property used on
the job is not compensated.
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C. Employee tools or equipment provided without the
express approval of the department head and
automobiles are, excluded from reimbursement.
D. The loss or damage must have occurred in the line of
duty.
E. The loss or damage was not a result of negligence or
lack of proper care by the employee.
F. The personal property was necessarily worn or carried
by the employee in order to adequately fulfill the duties
and requirements of the job.
G. The loss or damage to employees eyeglasses,
dentures or other prosthetic devices did not occur
simultaneously with a job connected injury covered by
workers' compensation.
H. The amount of reimbursement shall be limited to the
actual cost to repair damages. Reimbursement for
items damaged beyond repair shall be limited to the
actual value of the item at the time of loss or damage
but not more than the original cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in
accordance with the Administrative Bulletin on
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Compensation for Loss or. Damage to Personal
Property.
SECTION 36 - LENGTH OF SERVICE DEFINITION (for
service awards and vacation accruals)
The length of service credits of each employee, of the
County shall date from the beginning of the last period of
continuous County employment (including temporary,
provisional, and permanent status, and absences on
approved leave of absence). When an employee
separates from a permanent position in good standing- and
within two years is reemployed in a permanent County
position or is reemployed in a permanent County position
from a layoff list within the period of layoff eligibility,
service credits shall include all credits accumulated at time
of separation, but shall . not include the period of
separation. The Human Resources Director shall
determine these matters based on the employee status
records in his department.
SECTION 37 -- PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated vacation
and sick leave benefits. They are eligible for health, dental
and life insurance benefits at corresponding premium rates
WESTERN COUNCIL OF -143- 1995-1999 MOU
ENGINNERS
providing they work at least fifty percent (50%) of full time.
If the employee works at least fifty percent (50%) of full
time, County retirement participation is also included.
SECTION 38 - PERMANENT-INTERMITTENT
EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
SECTION 39 - PERMANENT-INTERMITTENT
EMPLOYEES HEALTH PLAN
A permanent intermittent employee represented by
Western Council of Engineers may participate in the
County Group Health Plan of combined medical, dental
and life insurance coverage wholly at the employee's
expense. The County will not contribute to the employee's
monthly premium. The employee will be responsible for
paying the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean automatic
and immediate withdrawal from the County Group Health
Plan and reinstatement may only be effectuated during the
annual open enrollment period.
WESTERN COUNCIL OF -144- 1995-1999 MOU
ENGINNERS
SECTION 40 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees
of the County immediately prior to their provisional
appointment, are eligible for vacation and sick leave
benefits.
Provisional employees may participate in the County
Group Health Plan of combined medical, dental and life
insurance coverage wholly at the employee's expense.
The County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the
monthly premium appropriately and punctually. Failure to
meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan
and reinstatement may only be effectuated during the
annual open enrollment period.
SECTION 41 - REGISTRATION DIFFERENTIAL
The County agrees to pay a thirty dollar ($30) per month
salary differential to all incumbents of Assistant
Architectural Engineer positions who possess a valid
California Certificate of Registration as a Civil Engineer,
Mechanical Engineer, Electrical Engineer or Architect.
WESTERN COUNCIL OF -145- 1995-1999 MOU
ENGINNERS
SECTION 42 - MALPRACTICE COVERAGE
The County's obligation to defend and indemnify its
employees is prescribed by California Government Code
Sections 825 et seq. and 995 et seq. This Section shall be
enforceable only at law in accordance with the applicable
law, but shall not be subject to the grievance provisions of
this MOU.
SECTION 43 - DEPENDENT CARE SALARY
CONTRIBUTION
Subject to the applicable provisions of the Internal
Revenue Service, employees may contribute up to five
thousand dollars ($5,000) each calendar year from their
salaries for approved dependent care; only eligible
employees may contribute for such expenses; there is no
County contribution for dependent care.
Reimbursements are made on a monthly basis subject to
submission of itemized statements, adequate
accumulation of the salary contribution, proof of payment,
and applicable County administrative procedures.
SECTION 44 - SPECIAL STUDIES
44.1 Attendance Proaram. There shall be convened
WESTERN COUNCIL OF -146- 1995-1999 MOU
ENGINNERS
a Labor-Management ., . Committee to develop an
attendance program for County employees.
44.2 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
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.
44.3 Grievance Procedure. Following completion of
these negotiations, but no later than November 1 , 1996,
WESTERN COUNCIL OF -147- 1995-1999 MOU
ENGINNERS
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.
44.4 Wellness Incentive IProaram. 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.
Proaram D 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.
Forma . A point value system for .program participation
will be developed wherein each wellness activity and
program will be assigned a point value. Points will
WESTERN COUNCIL OF -148- 1995-1999 MOU
ENGINNERS
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.
44.5 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.
44.6 Ergonomic Evaluation. A member of the Risk
Management staff is available to assess work stations at
the employee's request. Both the employer and the
employee agree to follow recommendations made by Risk
Management or other professionals who assess the work
WESTERN COUNCIL OF -149- 1995-1999 MOU
ENGINNERS
station in accordance with Administrative Bulletin 426.
SECTION 45 - ADOPTION
The provisions of this MOU shall be made applicable on
the dates indicated and upon approval by the Board of
Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it
is determined that an Ordinance is required to implement'
any of the foregoing provisions, said provisions shall
become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
SECTION 46 - SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
46.1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU fully and completely
incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the
parties in any and all matters subject to meet and confer.
Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall
prohibit the parties from changing the terms of this MOU
by mutual agreement.
WESTERN COUNCIL OF -150- 1995-1999 MOU
ENGINNERS
46.2 Separability of.Provisions. Should any section,
clause or provision of this MOU be declared illegal,
unlawful, or unenforceable, by final judgment of a court of
competent jurisdiction, such invalidation of such section,
clause or provision shall not invalidate the remaining
portions hereof, and such remaining portions shall remain
in full force and effect for the duration of this MOU.
46.3 Personnel Management Regulations. Where a
specific provision contained in a section of this MOU
conflicts with a specific provision contained in a section of
the Personnel Management Regulations, the provision of
this MOU shall prevail. Those provisions of the Personnel
Management Regulations within the scope of
representation which are not in conflict with the provisions
of this MOU and those provisions of the Personnel
Management Regulations which are not within the scope
of representation shall be considered in full force and
effect.
46.4 Duration of Agreement. This Agreement shall
continue in full force and effect from October 1 , 1995 to
and including September 30, 1999. Said Agreement shall
automatically renew from year to year thereafter unless
either party gives written notice to the other prior to sixty
(60) days from the aforesaid termination date of its
intention to amend, modify or terminate the Agreement.
WESTERN COUNCIL OF -151- 1995-1999 MOU
ENGINNERS
SECTION 47 - UNFAIR LABOR PRACTICE
Either the County or the Council may file an unfair labor
practice as defined in Chapter 34-22 of Board Resolution
81/1165 against the other. Allegations of an unfair labor
practice, if not resolved in discussions between the
parties, may be heard by a mutually agreed upon impartial
third party.
SECTION 48 - PAST PRACTICES AND EXISTING
MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not
specifically authorized by ordinance or by resolution of the
Board of Supervisors is not guaranteed by this MOU;
provided, however, that only during the term of this MOU
which expires September 30, 1999 the Council may claim a
violation of a past practice. If the Council can demonstrate
that such past practice exists by virtue of having been
acknowledged and agreed to by Management and
representatives of the Council or by employees represented
by the Council who reach agreement with a Department Head
on a specific policy covering a group of employees such as a
reassignment policy, the alleged violation of said past practice
will be subject to the grievance procedure. Those practices
which have been agreed to by Management and not
approved by the Department Head must be confirmed and
approved by the Department Head within six (6) months from
the below execution date of this MOU in order to be
considered a past practice pursuant to this provision.
WESTERN COUNCIL OF -152- 1995-1999 MOU
ENGINNERS
c .
DATE:
CONTRA COSTA COUNTY WESTERN COUNCIL OF
ENGINEERS
WESTERN COUNCIL OF -153- 1995-1999 MOU
ENGINNERS
,1
ATTACHMENT A
PROJECT POSITIONS
The Western Council of Engineers and the County have met and conferred in good
faith regarding wages, hours and other terms and conditions of employment for
employees in project classes which, except for the project designation, would be
represented by Western Council of Engineers. For example, Assistant Architectural
Engineer is represented by Western Council of Engineers, therefore, it has been
agreed that Assistant Architectural Engineer-Project will also be represented by
Western Council of Engineers.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Western Council of Engineers shall be assigned to
bargaining units in accordance with the provisions of Section 34-12 of Board
Resolution 81/1165.
The Council and the County understand that the meet and confer process with
respect to the conditions of employment for project classifications is unique and, --
therefore, differs from other regular classes represented by Western Council of
Engineers in the following respects: --=
1. Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without regard
to the provisions of this Memorandum of Understanding, without right of
appeal or hearing or recourse to the grievance procedure specified herein;
and
3. any provision of this Memorandun of Understanding which pertains to layoff
or seniority are not applicable to project employees.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: , None
Subject: '
Approval of the 1995-1999 Memorandum of)
Understanding with AFSCME. Local 512 )
Resolution No. 97/ 676
The Contra Costa Board of Supervisors RESOLVES THAT:
1 . On November 19, 1996 the Labor Relations Manager submitted a letter of Understanding
dated November 18, 1996 which reflected negotiated agreements reached between the
parties on terms and conditions of employment affecting employees represented by
AFSCME, Local 512.
2. The Memorandum of Understanding with AFSCME, Local 512 incorporating the agreed-
upon terms and conditions mentioned above is attached.
3. This Board having considered said Memorandum of Understanding, the same is approved.
4. If an Ordinance(s) is required to implement any of the foregoing provisions, the Board of
Supervisors will adopt said Ordinance(s).
5. This Resolution is effective as of October 1, 1995.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN. 4}J
ATTESTED
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
BY �`�� �� Deputy
Orig Dept: Human Resources Department (Kathy Ito at 5-1785)
cc: Labor Relations Unit
Human Resources Department Staff
Auditor-Controller's Office
AFSCME, Local 512
1
PROFESSIONAL & TECHNICAL EMPLOYEES
AFSCME, LOCAL 512
TABLE OF CONTENTS
DEFINITIONS ................................................. ............... 2
SECTION 1 UNION RECOGNITION .............................. 6
SECTION 2 UNION SECURITY
2.1 Dues Deduction................................................ 7
2.2 Agency Shop.................................................... 7
2.3 Maintenance of Membership .......................... 11
2.4 Union Dues Form ........... ..
..................... ......... 12
2.5 : Withdrawal of Membership............................. 13
2.6 Communicating with Employees .................... 14
2.7 Use of County Buildings ................................. 15
2.8 Advance Notice .............................................. 16
2.9 Written Statement for New Employees .......... 17
2. 10 Section 18 of 1977/79 MOU ........................... 17
2. 11 P.E.O.P.L.E. ................................................... 17
SECTION 3 NO DISCRIMINATION ............................... 18
SECTION 4 SHOP STEWARDS & OFFICIAL
REPRESENTATIVES
4.1 Attendance at Meetings ................................. 19
4.2 Union Representatives ................................... 20
4.3 Release Time for Training .............................. 21
SECTION 5 SALARIES
5.1 General Wage Increases...... ........................... 21
5.2 New Pay Equity Master Agreement ............... 22
5.3 Entrance Salary.............................................. 25
5.4 Certification Rule ............................................ 26
5.5 Anniversary Dates .......................................... 28
5.6 Increments Within Range ............................... 29
5.7 Part-Time Compensation ..........................29
5.8 Compensation for Portion of Month and P.I.
Compensation ................................................ 30
5.9 Position Reclassification................................. 30
5.10 Salary Reallocation & Salary on Reallocation 31
5. 11 Salary on Promotion....................................... 33
5.12 Salary on Involuntary Demotion ..................... 33
5.13 Salary on Voluntary Demotion........................ 33
5.14 Transfer.......................................................... 34
5.15 Pay for Work in Higher Classification ............. 35
5. 16 Building Supervisor Differential ...................... 38
5.17 Payment ......................................................... 38
5. 18 Pay Warrant Errors ........................................ 39
5.19 Social Service Staff Specialist Unit-Equity
Adjustment ..................................................... 40
SECTION 6 DAYS & HOURS OF WORK .................... 40
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime ........................................................ 42
7.2 Compensatory Time....................................... 43
7.3 Fair Labor Standards Act Provisions .............. 46
SECTION 8 CALL BACK TIME.................................... 47
SECTION 9 ON-CALL DUTY ....................................... 47
SECTION 10 SHIFT DIFFERENTIAL............................. 47
SECTION 11 SENIORITY, WORKFORCE REDUCTION
LAYOFF & REASSIGNMENT
11 .1 Workforce Reduction...................................... 48
11 .2 Separation Through Layoff............................. 51
11 .3 Notice .......... .. .. .................................. 57
11 .4 Special Employment Lists .............................. 57
11 .5 Reassignment of Laid Off Employees ............ 58
11 .6 Further Study ................................................. 58
SECTION 12 HOLIDAYS
12.1 Holidays Observed ......................................... 59
12.2 Application of Holiday Credit .......................... 60
12.3 Permanent Part-Time Employees .................. 61
12.4 4/10 Shift Holidays ............... .......................... 61
12.5 9/80 Shift Holidays ......................................... 62
12.6 Accrual of Holiday Time & Credit ................... 62
SECTION 13 VACATION
13. 1 -Vacation Allowance ........................................ 64
13.2 Vacation Leave on Reemployment from a
LayoffList..................................................... 64
13.3 Vacation Accrual Rates .................................. 65
13.4 Accrual During Leave Without Pay................. 66
13.5 Vacation Allowance for Separated Employees66
13.6 Preference...................................................... 66
13.7 Prorated Accruals........................................... 66
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave ................................... 67
14.2 Credits to & Charges Against Sick Leave....... 67
14.3 Policies Governing Use of Paid Sick Leave ... 68
14.4 Administration of Sick Leave .......................... 73
14.5 Disability......................................................... 76
14.6 Accrual During Leave Without Pay................. 82
14.7 Integration of SDI With County Sick Leave
Program ......................................................... 82
14.8 Disability Insurance Review Committee ......... 84
14.9 Employee Annual Health Examination ........... 84
14. 10 Confidentiality of Information/Records............ 75
SECTION 15 CATASTROPHIC LEAVE BANK
15. 1 Program Design ............................................. 85
15.2 Operation ....................................................... 86
SECTION 16 STATE DISABILITY INSURANCE (SDI)
16.1 General Provisions ......................................... 88
16.2 Procedures ..................................................... 90
16.3 Method of Integration ..................................... 91
16.4 Definition ........................................................ 92
16.5 Conversion to the New SDI Program ............. 92
SECTION 17 WORKER'S COMPENSATION ................ 93
SECTION 1$ LEAVE OF ABSENCE
18.1 Leave Without Pay ......................................... 97
18.2 General Administration - Leaves of Absence . 97
18.3 Furlough Days Without Pay............................ 99
18.4 Military Pay................................................... 100
18.5 Family Care Leave or Medical Leave ........... 101
18.6 Certification ... ............................................... 102
18.7 Intermittent Use of Leave ............................. 102
18.8 Aggregate Use for Spouse ........................... 103
18.9 Definitions .................................................... 103
18. 10 Pregnancy Disability Leave .......................... 106
18.11 Group Health Plan Coverage ....................... 106
18.12 Leave Without Pay - Use of Accruals ........... 107
18. 13 Leave of Absence Replacement &
Reinstatement .............................................. 108
18.14 Reinstatement From Family Care Medical
Leave ........................................................... 109
18.15 Salary Review While on Leave of Absence .. 110
18.16 Unauthorized Absence ................................. 110
-
18.17 Non-Exclusivity............................................. 110
SECTION 19 JURY DUTY AND WITNESS DUTY
19. 1 Jury Duty ...................................................... 111
19.2 Witness Duty ................................................ 113
SECTION 20 HEALTH AND WELFARE LIFE AND
DENTAL CARE
20.1 County Programs ......................................... 114
20.2 Rate Information........................................... 114
20.3 Medicare Rates ............................................ 114
20.4 Partial Month ................................................ 115
20.5 Coverage During Absences ......................... 115
20.6 Retirement Coverage.................................... 116
20.7 Dual Coverage ............................................. 117
20.8 Health Care Spending Account .................... 117
20.9 PERS Long Term Care ................................ 117
20.10 Deferred Retirement..................................... 118
SECTION 21 PROBATIONARY PERIOD
21 .1 Duration ....................................................... 120
21 .2 Probation Periods Over Six Months ............. 121
21 .3 Revised Probationary Period........................ 121
21 .4 Criteria ......................................................... 121
21 .5 Rejection During Probation .......................... 122
21 .6 Regular Appointment ................................... 123
21 .7 Layoff During Probation................................ 125
- Vi -
21 .8 Rejection During Probation of Layoff
Employee .. ............. . . ............................. 125
SECTION 22 PROMOTION
22.1 Competitive Exam ........................................ 126
22.2 Promotion Policy .......................................... 126
22.3 Open Exams ................................................ 126
22.4 Promotion Via Reclassification Without
Examination ................................................. 126
22.5 Requirements for Promotional Standing....... 127
22.6 Seniority Credits ............................................ 127
22.7 Denial Review .............................................. 128
22.8 Release Time for Examinations ................... 128
SECTION 23 TRANSFER
23.1 Transfer Conditions ...................................... 111
23.2 Transfer Policy ............................................. 129
23.3 Transfer Procedure ...................................... 130
23.4 Transfer List ................................................. 131
23.5 Reassignment of Work Location .................. 131
SECTION 24 RESIGNATIONS
24. 1 Resignation in Good Standing...................... 132
24.2 Constructive Resignation ............................. 132
24.3 Effective Resignation ................................... 133
24.4 Revocation ................................................... 133
. 24.5 Coerced Resignations .................................. 133
24.6 Eligibility for Reemployment ................... ...... 134
- vii -
SECTION 25 DISMISSAL, SUSPENSION, TEMPORARY
REDUCTION IN PAY AND DEMOTION
25. 1 Sufficient Cause for Action ........................... 135
25.2 Skelly Requirements .................................... 137
25.3 Employee Response .................................... 138
25.4 Leave Pending Employee Response ........... 138
25.5 Length of Suspension .................................. 139
23.6 Procedure on Disciplinary Action ................. 139
23.7 Weingarten Rights........................................ 140
SECTION 26 GRIEVANCE PROCEDURE
26.1 Definition and Procedural Steps ................... 140
26.2 Scope of Adjustment Board and Arbitration
Decisions...................................................... 143
26.3 Time Limits................................................... 145
26.4 Union Notification ......................................... 145
26.5 Compensation Complaints ........................... 145
26.6 Strike/Work Stoppage .................................. 146
26.7 Merit Board................................................... 146
26.8 Filing by Union .............................................. 147
26.9 Disputes Over Existence of Grievance......... 147
26.10 Disqualification From Taking an Exam ......... 147
SECTION 27 BILINGUAL PAY ................................... 147
SECTION 28 RETIREMENT
25.1 Contribution .................................................. 148
25.2 Tier III ........................................................... 149
- viii -
SECTION 29 REIMBURSEMENT
29. 1 Training Reimbursement .............................. 154
29.2 Personal Property Reimbursement .............. 154
29.3 Reimbursement For Meals ........................... 156
;v
SECTION 30 CLASSIFICATION .................................. 157
SECTION 31 SAFETY & SAFETY EQUIPMENT
REIMBURSEMENT
31 .1 VDT Users Eye Examination ........................ 158
31 .2 Reopener ..................................................... 159
31 .3 Safety Shoe & Safety Eyeglass
Reimbursement............................................ 159
SECTION 32 MILEAGE...........:.................................... 160
SECTION 33 STAGGERED WORK SCHEDULE ........ 160
SECTION 34 MEAL PERIODS ..................................... 162
SECTION 35 PERFORMANCE EVALUATION ............ 163
SECTION 36 DISCIPLINARY ACTIONS ...................... 163
SECTION 37 PERSONNEL FILES............................... 163
SECTION 38 SERVICE AWARDS ............................... 165
- 1X -
SECTION 39 REASSIGNMENTS
39.1 Request for Reassignment........................... 165
39.2 Involuntary Reassignments ........................ .. 166
39.3 Social Service Staff Specialists Unit............. 167
SECTION 40 UNFAIR LABOR PRACTICE.................. 168
SECTION 41 LENGTH OF SERVICE DEFINITION ..... 168
SECTION 42 PERMANENT PART-TIME EMPLOYEE
BENEFITS .............................................. 169
SECTION 43 PERMANENT-INTERMITTENT EMPLOYEE
BENEFITS .............................................. 170
SECTION 44 PERMANENT-INTERMITTENT EMPLOYEE
HEALTH PLAN ....................................... 170
SECTION 45 PROVISIONAL EMPLOYEE BENEFITS 170
SECTION 46 WORK PROCESSING/VDT
DIFFERENTIALS
46.1 Buyout of Differential .................................... 171
46.2 Continuing Differentials ................................ 171
SECTION 47 ENGINEERING TECH SPECIAL ISSUES
47.1 Rotational Advisory Committee .................... 172
47.2 Engineering Tech Bid Procedure ................. 172
- X -
47.3 Flexible Work Week ...................................... 174
47.4 Continuing Education Allowance .................. 174
SECTION 48 CLASSIFICATION STUDIES
48.1 District Attorney Family Support Clerical
Supervisors .................................................. 175
48.2 Other Clerical Supervisor Positions.............. 175
SECTION 49 SHERIFF'S DEPARTMENT SHIFT &
HOLIDAY AGREEMENT ........................ 175
SECTION 50 SHERIFF'S NON-SWORN MANAGEMENT
UNIT
50.1 Continuing Education Allowance .................. 176
50.2 Uniform Allowance ....................................... 177
SECTION 51 MEAL ................................................... 177
SECTION 52 SPECIAL STUDIES/PROJECTS ............ 177
SECTION 53 SPECIAL BENEFITS .............................. 182
SECTION 54 ADOPTION ............................................ 150
SECTION 55 DURATION OF AGREEMENT ............... 186
SECTION 56'5COPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
46.1 Scope of Agreement .................................... 187
46.2 Separability of Provisions ............................. 187
46.3 Personnel Management Regulations ........... 187
,SECTION 57 PAST PRACTICES & EXISTING MOU'S 188
ATTACHMENTS
EXHIBITS
SUBJECT INDEX
- Yli -
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL AND TECHNICAL EMPLOYEES
LOCAL 512, AFSCME, AFL-CIO
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Division 34 of
Board of Supervisors' Resolution 81/1165 and has been
jointly prepared by the parties.
The Labor Relations Officer (County Administrator) is the
representative of Contra Costa County in employer-Labor
Relations matters as provided in Board of Supervisors'
Resolution 81/1165.
The parties have met and conferred in good faith
regarding wages, hours and other terms and conditions of
employment for the employees in units in which the Union
is the recognized representative, have freely exchanged
information, opinions and proposals and have endeavored
to reach agreement on all matters relating to the
employment conditions and employer-Labor Relations
cove--, :ng such employees.
This MOU shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the
AFSCME Local 512 -1- 1995-1999 MOU
County and appropriate fire districts, as the joint
recommendations of the undersigned for salary and
employee benefit adjustments for the period commencing
October 1 , 1995 and ending September 30, 1999.
Special provisions and restrictions pertaining to Project
employees covered by this MOU are contained in
Attachment A which is attached hereto and made a part
hereof.
DEFINITIONS:
Alternative Work Schedules means one or more of the
following:
1 . 9/80: Eight (8) nine-hour work days plus an eight-hour
work day with one day off within a two (2) week work
period.
2. 4/10: Four (4) ten-hour work days within the work
week.
3. 5/8: Five (5) eight-hour work days within a work
week where the work hours are other than the
standard 8:00 a.m. to 5:00 p.m. (also known as flex
time).
Meal breaks for any of the above schedules may be either
one half (1 /2) hour or one (1 ) hour.
AFSCME Local 512 -2- 1995-1999 MOu
Appointing Authority: Department Head unless
otherwise provided by statute or ordinance.
Class: A group of positions sufficiently similar with
respect to the duties and responsibilities that similar
selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each
K. position allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
County: Contra Costa County.
Demotion: - The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is lower than the top step of the class
which the employee formerly occupied except as provided
for under "Transfer" or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Director of Human Resources: The person designated
by the County Administrator to serve as the Assistant
County Administrator-Director of Human Resources.
Eli i I : Any person whose name is on an employment
or reemployment or layoff list for a given class.
AFSCME Local 512 -3- 1995-1999 MOU
Employee: A person who is an incumbent of a position or
who is on leave of absence in accordance with provisions
of this MOU and whose position is held pending his return.
Employment List: A list of persons, who have been
found qualified for employment in a specific class.
Layoff List: A list of persons who have occupied
positions allocated to a class in the Merit System and who
have been involuntarily separated by layoff or
displacement, or demoted by displacement, or have
voluntarily demoted in lieu of layoff or displacement, or
have transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position which
requires the services of an incumbent for an indefinite
period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite
period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period. .
AFSCME Local 512 -4- 1995-1999 MOU
Project Employee: An employee, who is engaged in a
time limited program or service by reason of limited or
restricted funding. Such positions are typically funded
from outside sources but may be funded from County
revenues.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided
for under "Transfer" or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling
for the regular full time, part-time or intermittent
employment of a persona
Reallocation: The act of reassigning an , individual
position from one class to another class at the same range
of the salary schedule or to a class which is allocated to
another range that is within five percent (5%) of the top
step, except as otherwise provided for in the Personnel
Management Regulations, deep class resolutions or other
ordinances.
Reclassification: The act of changing the allocation of a
position by raising it to a higher class or reducing it to a
lower class on the basis of significant changes in the kind,
AFSCME Local 512 -5- 1995-1999 MOU
difficulty or responsibility of duties performed in such
position.
Reemployment List: A list of persons, who have
occupied positions allocated to any class in the merit
system and, who have voluntarily separated and are
qualified for consideration for reappointment under the
Personnel Management Regulations governing
reemployment.
Resignation: The voluntary termination of permanent
employment with the County.
Temporary Employment: Any employment which will
require the services of an incumbent for a limited period of
time, paid on an hourly basis, not in an allocated position
or in permanent status.
Transfer: The change of an employee who has
permanent status in a position to another position in the
same class in a different department, or to another
position in a class which is allocated to a range on the
salary plan that is within five percent (5%) at top step as
the class previously occupied by the employee.
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee
AFSCME Local 512 -6- 1995-1999 MOU
organization for the representation units listed below, and
such organization has been certified as such pursuant to
Board of Supervisors' Resolution 81/1165.
Engineering Technician Unit
Income Maintenance Program Unit
Clerical Supervisory Unit
Social Service Staff Specialist Unit
Probation Supervisor Unit
Sheriffs Non-Sworn Management Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of
Board Resolution 81 /1165, only a. majority representative
may have dues deduction and as such the Union has the
exclusive, privilege of dues deduction for all employees in
its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and
non-discriminatory representation to all employees in
all classes in the units for which this section is
applicable regardless of whether they are members of
the Union.
AFSCME Local 512 -7- 1995-1999 MOU
B. All employees employed in a representation unit on or
after the effective date of this MOU and continuing
until the termination of the MOU, shall as a condition
of employment either:
1 . Become and remain a member of the Union or;
2. Pay to the Union, an agency shop fee in an
amount which does not exceed an amount which
may be lawfully collected under applicable
constitutional, statutory, and case law, which
under no circumstances shall exceed the monthly
dues, initiation fees and general assessments
made during the duration of this MOU. It shall be
the sole responsibility of the Union to determine
an agency shop fee which meets the above
criteria; or
3. Do both of the following:
a.Execute a written declaration that the employee
is a member of a bona fide religion, body or
sect which has historically held a conscientious
objection to joining or financially supporting any
public employee organization as a condition of
employment; and
b.Pay a sum equal to the agency shop fee
described in Section 2.2.B.2 to a non-religious,
AFSCME Local 512 -8- 1995-1999 MOU
non-labor, charitable fund chosen by the
employee from the following charities: Family
and Children's Trust Fund, Child Abuse
Prevention Council and Battered Women's
Alternative.
C. The Union shall provide the County with a copy of the
Union's Hudson Procedure for the determination and
protest of its agency shop fees. The County shall
provide a copy of the Union's Hudson Procedure to
every employee hired into a class represented by the
Union after the effective date of this MOU. The Union
shall provide a copy of said Hudson Procedure to
every fee payer covered by this MOU within one (1 )
month from the date it is approved and annually
thereafter, and as a condition to any change in the
agency shop fee. Failure by an employee to invoke
the Union's Hudson Procedure within one (1 ) month
after actual notice of the Hudson Procedure shall be a
waiver by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply
during periods that an employee is separated from the
representation unit but shall be reinstated upon the
return of the employee to the representation unit. The
term separation includes transfer out of the unit, layoff
and leave of absence with a duration of more than
AFSCME Local 512 -9- 1995-1999 MOU
thirty (30) days.
E. The Union shall provide the Director of Human
Resources with copies of a financial report patterned
after Form LM-2 pursuant to the Labor Management
Disclosure Act of 1959. Such report shall be available
to employees in the unit. Failure to file such a report
not later than June 1 of each calendar year shall result
in the termination of all agency fee deductions without
jeopardy to any employee, until said report is filed.
F. Compliance.
1 . An employee employed in or hired into a job
class represented by the Union shall be provided
with an "Employee Authorization for Payroll
Deduction" form by the Human Resources
Department.
2. If the form authorizing payroll deduction is not
returned within thirty (30) calendar days after
notice of this agency shop fee provision and the
Union's Hudson Procedure and the Union dues,
agency shop fee, initiation fee or charitable
contribution required under Section 2.2.13.3 are
not received, rind the employee has not timely
invoked the Union's Hudson Procedure, or if
invoked, the employee's Hudson Procedure rights
have been exhausted, the Union may, in writing,
AFSCME Local 512 -10- 1995-1999 MOU
direct that the..County withhold the agency shop
fee and the initiation fee from the employee's
salary, in which case the employee's monthly
salary shall be reduced by an amount equal to
the agency shop fee and the County shall pay an
equal amount to the Union.
G. The Union shall indemnify, defend, and save the
County harmless against any and all claims,
demands, suits, orders, judgments, or other forms of
liability that arise out of or by reason of this Union
security section or action taken or not taken by the
County under this Section. This includes, but is not
limited to, the County's Attorneys' fees and costs. The
provisions of this subsection shall not be subject to the
grievance procedure.
H. The County Human Resources Department shall
monthly furnish a list of all new hires to the Union.
I. In the event that employees . in a bargaining unit
represented by the Union vote to rescind Agency
Shop, the provisions of Sections 2.3 and 2.4 shall
apply to dues-paying members of the Union.
2.3 Maintenance of Membershia. All employees in
the Income Maintenance Program Unit, Clerical
Supervisory Unit, Social Service Staff Specialist Unit,
Probation Supervisor Unit, Engineering Technician Unit
AFSCME Local 512 -11- 1995-1999 MOU
and Sheriffs Non-Sworn Management Unit who are
currently paying dues to the Union and all employees in
that unit who hereafter become members of the Union
shall as a condition of continued employment pay dues to
the Union for the duration of this MOU and each year
thereafter so long as the Union continues to represent the
class to which the employee is assigned, unless the
employee has exercised the option to cease paying dues
in accordance with Section 2.5.
2.4 Union Dues Form. Employees hired into
classifications assigned in bargaining units cited in Section
2.3 above shall, as a condition of employment at the time
of employment, complete a Union dues authorization form
provided by the Union and shall have deducted from their
paychecks the membership dues of the Union. Said
employee shall have thirty (30) days from the date of hire
to decide if he/she does not want to become a member of
the Union. Such decision not to become a member of the
Union must be made in writing to the Auditor-Controller
with a copy to the Labor Relations Division within said
thirty (30) day period. If the employee decides not to
become a member of the Union, - any Union dues
previously deducted from the employee's paycheck shall
be returned to the employee and said amount shall be
deducted from the next dues deduction check sent to the
Union. If the employee does not notify the County in
writing of the decision not to become a member within the
thirty (30) day period, he/she shall be deemed to have
AFSCME Local 512 -12- 1995-1999 MOU
voluntarily agreed to pay the dues.of the Union.
Each such dues authorization form referenced above shall
include .a statement that the Union and the County have
entered into a MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition
,of employment, and that such authorization may be
revoked within the first thirty (30) days of employment
upon proper written notice by the employee within said
thirty (30) day period as set forth above. Each such
employee shall, upon completion of the authorization form,
receive a copy of said authorization form which shall be
deemed proper notice of his or her right to revoke said
`',authorization.
2.5 Withdrawal of Membership. By notifying the
Auditor-Controller's Office- in writing, between August 1 ,
1999 and August 31 , 1999, any employee assigned to a
classification in the Income Maintenance Program Unit,
Clerical Supervisory Unit, Social Service Staff Specialist
Unit, Probation Supervisor Unit and Sheriffs Non-Sworn
Management Unit may withdraw from Union membership
and discontinue paying dues as of the payroll period
commencing September 1 , 1999, discontinuance of dues
payments to then be reflected in the September . 10th
paycheck. Imme Mately upon the close of the above
mentioned thirty (30) day period the Auditor-Controller
shall submit to the Union a list of the employees who have
rescinded their authorization for dues deduction.
AFSCME Local 512 -13- 1995-1999 MOU
2.6 Communicating With Employees. The Union
shall be allowed to use designated portions of bulletin
boards or display areas in public portions of County
buildings or in public portions of offices in which there are
employees represented by the Union, provided the
communications displayed have to do with matters within
the scope of representation and further provided that the
employee organization appropriately posts and removes
the information. The Department Head reserves the right
to remove objectionable materials after consultation with
the Union.
Representatives of the Union, not on County time, shall be
permitted to place a supply of employee literature at
specific locations in County buildings if arranged through
the Department Head or designated representative; said
representatives may distribute employee organization
literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed
method of distribution are compatible with the work
environment and work in progress.
Such placement and/or distribution shall not be performed
by on duty employees.
The Union shall be allowed access to work locations in
which it represents employees for the following purposes:
A. to post literature on bulletin boards;
AFSCME Local 512 -14- 1995-1999 MOU
B. to arrange for use of.a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
D. to represent an employee on a grievance and/or to
contact a Union officer on a matter within the scope of
representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the above
Purposes is the reason for the visit, will be made with the
'.'departmental representative in charge of the work area
and the visit will not interfere with County services.
2.7 Use of County Buildings. The Union shall .be
allowed the use of areas normally used for meeting
purposes for meetings of County employees during non-
work hours. when:
A. such space is available and its use by the Union is
scheduled twenty-four (24) hours in advance;
B. there is no additional cost to the County;
C. it does not interfere with normal County operations;
AFSCME Local 512 -15- 1995-1999 MOU
D. employees in attendance are not on duty and are not
scheduled for duty;
E. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Union shall maintain proper order at the meeting and see
that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally
used in the conduct of business meetings such as desks,
chairs, ashtrays and blackboards) is strictly prohibited,
even though it may be present in the meeting area.
2.8 Advance Notice. The Union shall, except in
cases of emergency, have the right to reasonable notice of
any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with
the body considering the matter.
The listing of an item on a public agenda, or the mailing of
a copy of a proposal at least seventy-two (72) hours
before the item will be heard, or the delivery of a copy of
the proposal at least twenty-four (24) hours before the item
will be heard, shall constitute notice.
AFSCME Local 512 -16- 1995-1999 MOU
In cases of emergency when the .Board, or boards and
commissions designated by the Board, determines it must
act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical
after its action.
2.9 Written Statement for New . Employees. The
County will provide a written statement to each new
employee _ hired into a classification in any of the
bargaining units represented by the Union, that the
employee's classification is represented by the Union and
the name of a representative of the Union. The County
will provide the employee with a packet of information
which has been supplied by the Union and approved by
the County.
2.10 Section 18 of 1977/79. MOU. Section 18 of the
1977-1979 MOU between the County and Associated
County Employees/AFSCME shall continue for the
duration of this MOU.
2.11 P.E.O.P.L.E. Employees in classifications
represented by Professional & Technical Employees,
Local 512, AFSCME, may make voluntary, monetary
monthly contributions to P.E.O.P.L.E., said contributions to
be deducted from employees' pay by the Count_; and
remitted to AFSCME, P.E.O.P.L.E. (Public Employees
Organized to Promote Legislative Equality).
AFSCME Local 512 -17- 1995-1999 MOU
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, sex, sexual orientation or Union
activities against any employee or applicant for
employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State
and Federal law there shall be no discrimination because
of age. There shall be no discrimination against any
disabled person solely because of such disability unless
that 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.
Americans With Disabilities Act (ADA). The County
and the Union 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
-1OU, the Union will be advised of any such proposed
accommodation. Upon request, the County will meet and
confer with the Union on the impact of such
accommodation. If the County and the Union do not reach
AFSCME Local 512 -18- 1995-1999 MOU
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 Americans With Disabilities Act.
SECTION 4 - SHOP STEWARDS AND OFFICIAL
REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated
as shop stewards or official representatives of the Union
shall be allowed to attend meetings held by County
'agencies during regular working hours on County time as
follows:
A. If their attendance . is required by the County at a
specific meeting;
B. if their attendance is sought by a hearing body or
presentation of testimony or other reasons;
C. if their attendance is required for meeting required for
settlement of grievances filed pursuant to Section 26 -
Grievance Procedure of this Memorandum;
D. if they are designated as a shop steward, in which
case they may utilize a reasonable time at each level
of the proceedings to assist an employee to present a
AFSCME Local 512 -19- 1995-1999 MOU
grievance;
E. if they are designated as spokesperson or
representative of the Union and as such make
representations or presentations at meetings or
hearings on wages, salaries and working conditions
provided in each case advance arrangements for time
away from the employee's work station or assignment
are made with the appropriate department head, and
the County agency ,calling the meeting is responsible
for determining that the attendance of the particular
employee(s) is required;
F. to attend examination appeal board hearings to assist
an employee in making a presentation.
4.2 Union Representative. Official representatives
of the Union shall be allowed time off on County time for
meetings during regular working hours when formally
meeting and conferring in `good faith or consulting with the
Labor Relations Officer or other management
representatives on matters within the scope of
representation, provided that the number of such
representatives shall not exceed two (2) without prior
approval of the Labor Relations Officer, and that advance
arrangements for the time away from the work -tation or
assignment are made with the appropriate Department
Head.
AFSCME Local 512 -20- 1995-1999 MOU
Engineering Technician Unit. - 2
Income Maintenance Program Unit - 2
Clerical Supervisory Unit - 2
Social Service Staff Specialist Unit - 2
Probation Supervisor Unit - 2
Sheriff's Non-Sworn Management Unit - 2
4.3 Release Time for Training. The County shall
provide the. Union a maximum of fifty (50) total hours per
year of release time for Union designated stewards or
officers to attend Union-sponsored training programs.
Requests for release time shall be provided in writing to
the Department and County Human Resources at least
fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each request
and notify the affected employee: whether such request is
approved, within one (1 ) week of receipt.
SECTION 5 - SALARIES
5. 1 General Wage Increases.
A. The following wage increases are effective for
employees represented by AFSCME, Local 512.
Effective 07/01/96 30 levels (3.043%)
Effective 10/01/97 20 levels (2.019%) plus Tier III
AFSCME Local 512 -21- 1995-1999 MOU
or 30 levels (3.043%)
Effective 10/01/98 35 levels (3.560%)
B. Effective January 1 , 1999 the class of Clerical
Supervisor shall receive a 20 (2.019%) level pay
increase.
C. Effective January 1 , 1998 and January 1 , 1999 the
classes of Supervising Assessment Clerk, Account
Clerk Supervisor, Health Services Appointment
Systems Coordinator, and Ambulatory Care Clinic
Coordinator shall receive a 10 (1 .004%) level increase.
5.2 New Pay Equity Master Aareement. The
County and the below listed Employee Organizations
which participated in the Pay Equity Study jointly agree to
provisions in this new Pay Equity Master Agreement
executed in May 1995.
In executing this agreement, both the County and the
participating Employee Organizations (CCCEA Local One,
AFSCME Locals 2700 and 512, SEIU 535, California
Nurses Association, Western Council of Engineers and the
Appraisers' Association) state their intent that (1 ) the
provisions of the Pay Equity Master Agreement contained
herein shall stand separate f-Orn other terms and
conditions of employment _which may be negotiated and
adopted in the MOU between the County and the
individual participating Employee Organizations, and that
AFSCME Local 512 -22- 1995-1999 MOU
(2) provisions of the Pay Equity Master Agreement will
remain in place as the basis under which .all represented
pay equity classes will be granted adjustments until all
remaining classes reach the trend line or until such time as
the parties mutually agree to modify or terminate this
agreement.
This agreement shall be presented to the Contra Costa
County Board of Supervisors as the joint recommendation
of the undersigned.
1 . Scope of Agreement. The County and the
participating Employee Organizations agree that
provisions contained herein will fully supersede and
replace the February, 1993 Supplemental MOU on
Pay Equity.
2. Adoption of Fixed Payout Formula. The County and
the participating Employee Organizations agree to
adopt a pay equity fixed payout formula described
below in 3. Which will remain in effect until all pay
equity classes are adjusted to the trend line, or until
such time as the parties mutually agree to modify or
terminate this agreement.
3. Operation of Formula. The equity fixed payout
formula shall be computed as follows: The annual
value of the general salary increase for all
classifications represented only by the participating
AFSCME Local 512 -23- 1995-1999 MUu
Employee Organizations (CCCEA Local One,
AFSCME Locals 2700 and 512, SEIU Local 535,
California Nurses Association, Western Council of
Engineers and the Appraisers' Association) and
Management and Unrepresented employees, shall be
totaled and multiplied by a factor of twenty percent
(20%).
The fixed amount of money derived from this
calculation shall constitute the total pay equity
increase for all classes below the trend line
represented by the participating Employee
Organizations and for all Management and
Unrepresented classes below the trend line.
The manner in which the pay equity increase will be
distributed to all represented classes below the trend
line shall be determined by the participating Employee
Organizations who shall consider only (1 ) whether
classes farthest from the trend line shall receive a
greater percentage adjustment than classes closer to
the trend line, and (2) at what percentage distance
below the trend line to apply any differing percentage
adjustment.
If upon review, the County finds that the manner in
which the Employee Organizations have structured
the distribution is unacceptable, the County and the
Employee Organizations shall meet and confer.
AFSCME Local 512 -24- 1995-1999 MOU
max„
4. Effective Dates, The County agrees that any pay
equity increases will be effective ninety (90) days
from the effective date of any general salary
increases.
5. Indemnification. Each participating union will promise
not to bring or support comparable worth or pay equity
litigation against Contra Costa County or any agent,
servant, officer, or employee of Contra Costa County
and further promise that in the event litigation
advancing comparable worth or pay equity claims is
brought against the County or any of its agents,
servants, officers, or employees, within five (5) years
from the effective date ' of this agreement by any
person(s) employed or formerly employed in a
class(es) represented by the participating unions, the
union(s) representing such class(es) shall each pay
up to five thousand dollars ($5000) of the County's
attorney fees and costs; provided that the union is not
named as a co-defendant in such litigation.
5.3 Entrance Salarv. New employees shall generally
be appointed at the minimum step of the salary range
established for the particular class of position to which the
appointment is made. Howe,;<mIr, the appointing authority
may fill a particular position at a step above the minimum
of the range.
AFSCME Local 512 -25- 1995-1999 MOU
5.4 Certification Rule.
A. Open Em llQyment List. On each 'request for
personnel from an open employment list, ten (10)
names shall be certified. If more than one (1 )
position is to be filled in any class in a department
at the same time from the same request for
personnel, the number of names to be certified
from an open employment list shall be equal to
the number of positions to be filled plus nine (9).
B. Promotional Em I�oyment List. On each request
for personnel from a promotional employment list,
five (5) names shall be certified. If more than one
(1 ) position is to be filled in any class in a
department at the same time from the same
request for personnel, the number of names to be
certified from a promotional employment list shall
be equal to the number of positions to be filled
plus four (4).
5.5 Anniversary Date. Except as may otherwise be
provided for in deep class resolutions, anniversary dates
will be set as follows:
A. New Employees. The anniversary date of a new
employee is the first day of the calendar month after
the calendar month when the employee successfully
completes six (6) months service; provided however, if
AFSCME Local 512 -26- 1995-1999 MOU
an employee began work on the first regularly
scheduled workday of the month, the anniversary date
is the first day of the calendar month when the
employee successfully completes six (6) months
service.
B. Promotions. The anniversary date of a promoted
employee is determined as for a new employee in
Subsection 5.5.A above.
C. Demotions. The anniversary of a demoted employee
is the first day of the calendar month after the
calendar month when the demotion was effective.
D. Transfer Reallocation and Reclassification. The
anniversary date of an employee who is transferred to
another position or one - whose position has been
reallocated or reclassified to a class allocated to the
same salary range or to a salary range which is within
five percent (5%) of the top step of the previous
classification, remains unchanged.
E. Reemplovments. The anniversary of an employee
appointed from a reemployment list to the first step of
the applicable salary range and not required to serve
a probation period is determined in the same way as
the anniversary date is determined for a new
employee who is appointed the same date,
classification and ' step and who then successfully
AFSCME Local 512 -27- 1995-1999 MOU
completes the required probationary period.
F. Outside Appointment. Notwithstanding other
provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position
from outside the County's merit system at a rate
above the minimum salary for the employee's new
class, or who is transferred from another
governmental entity to this County's merit system, is
one (1 ) year from the first day of the calendar month
after the calendar month when the employee was
appointed or transferred; provided, however, when the
appointment or transfer is effective on the employee's
first regularly scheduled work day of that month,
his/her anniversary is one (1 ) year after the first
calendar-day of that month.
5.6 Increments Within Ranae. The performance of
each employee, except employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in
Section 5.5 to determine whether the salary of the
employee shall be advanced to the next higher step in the
salary range. Advancement shall be granted on the
affirmative recommendation of the appointing authority,
based on satisfactory performance by the employee. The
appointing authority may recommend denial of the
increment or denial subject to one additional review at
some specified date before the next anniversary, such
AFSCME Local 512 -28- 1995-1999 MOU
date to be set at the time the original report is returned.
This decision may be appealed through the grievance
procedure.
Except as herein provided, increments within range shall
not be granted more frequently than once a year, nor shall
".more than one (1 ) step within-range increment be granted
at one time, except as otherwise provided in deep-class
resolutions. .-In case an appointing authority recommends
denial of the within range increment on some particular
anniversary date, but recommends a special salary review
at some date before the next anniversary, the special
. salary review shall not affect the regular salary review on
the next anniversary date. Nothing herein shall be
construed to make the granting of increments mandatory
on the County. If an operating department verifies in
writing that an administrative or; clerical error was made in
failing to submit the documents needed to advance an
employee to the next salary step on the first of the month
when eligible, said advancement shall be made retroactive
to the first of the month when eligible.
5.7 Part-Time Compensation. A part-time employee
shall be paid a monthly salary in the same ratio to the full
time monthly rate to which the employee would be entitled
as a full time employee under the provisions of this
Section 5 as the number of hours per week in the
employee's part-time work schedule bears to the number
of hours in the full time work schedule of the department.
AFSCME Local 512 -29- 1995-1999 MOU
5.8 Compensation for Portion of Month and
Permanent-Intermittent Compensation. Any employee
who works less than any full calendar month, except when
on earned vacation or authorized sick leave, shall receive
as compensation for services an amount which is in the
same ratio to the established monthly rate as the number
of days worked is to the actual working days in such
employee's normal work schedule for the particular month;
but if the employment is intermittent, compensation shall
be on an hourly basis, which is calculated on the number
of hours in the month worked plus five percent (5%)
above the salary step earned.
5.9 Position Reclassification. An employee who is
an incumbent of a position which is reclassified to a class
which is allocated to the same range of the basic salary
schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as
the employee received under the previous classification.
An incumbent of a position which is reclassified to a class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as
before the reclassification, but if such salary is. greater
than the maximum of the range of the class to which the
position has been reclassified, the salary of the incumbent
shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position
which is reclassified to a class which is allocated to a
AFSCME Local 512 -30- 1995-1999 MOU
. ".,'. .,:zmit= i,.r•
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's:➢1.,
range of the basic salary,:schedu,le ,.greater than the range
of the class of the position before it was reclassified shall
be governed by the provisions of Section 5.11 - Salary on
Promotion.
5.10 Salary Reallocation and Salary on
Reallocation.
A. In a general salary increase or decrease, an employee
in a class which is reallocated to a salary range above
or below that to which it was previously allocated,
when the number of steps remain the same, shall be
compensated at the same step in the new salary
range the employee was receiving in the range to
which the class, was previously allocated. If the
reallocation is from one salary range with more steps
to a range with fewer -,steps or vice versa, the
employee shall be compensated at the step on the
new range which is in the same percentage ratio to
the top step of the new range as was the salary
received before reallocation to the top step of the old
range, but in no case shall any employee be
compensated at less than the first step of the range to
which the class is allocated.
B. In the event that a classification is reallocated from a
salary range with more steps to a salary range with
fewer steps on the salary schedule, apart from the
general salary increase or decrease described in
AFSCME Local 512 -31 - 1995-1999 MOU
5.10.A above, each incumbent of a position in the
reallocated class shall be placed upon the step of the
new range which equals the rate of pay received
before the reallocation. In the event that the steps in
the new range do not contain the same rates as the
old range, each incumbent shall be placed at the step
of the new range which is next above the salary rate
received in the old range, or if the new range does not
contain a higher step, at the step which is next lower
than the salary received in the old range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated to a
salary range the same as above or below the salary
range of the employee's previous class, the incumbent
shall be placed at the step in the new class which
equals the rate of pay received before reallocation. In
the event that the steps in the range for the new class
do not contain the same rates as the range for the old
class, the incumbent shall be placed at the step of the
new range which is next above the salary rate
received in the old range; or if the new range does not
contain a higher step, the incumbent shall be placed
at the step which is next lower than the salary
received in the old range.
D. In the event of reallocation to a deep class, the
provisions of the deep class resolution and incumbent
salary allocations, if any, shall supersede Section
AFSCME Local 512 -32- 1995-1999 MOU
5.11 .
5.11 Salary on Promotion. Any employee who is
appointed to a position of a class allocated to a higher
salary range than the class previously occupied, except as
provided under Section 5.13, shall receive the salary in the
new salary range which is next higher than the rate
received before promotion. in the event this increase is
less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five
percent (5%) greater than the next higher step; provided,
however, that the next step shall not exceed the maximum
salary for the higher class. 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:
5.12 Salary on Involuntary Demotion. Any employee
who is demoted, except as provided under Section 5.14,
shall have his/her salary reduced to the monthly salary
AFSCME Local 512 -33.- 1995-1999 MOU
step in the range for the class of position to which he/she
has been demoted next lower than the salary received
before demotion. In the event this decrease is less than
five percent (5%), the employee's salary shall be adjusted
to the step in the new range which is five percent (5%)
less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the
lower class.
Whenever the demotion is the result of layoff, cancellation
of positions or displacement by another employee with
greater seniority rights, the salary of the demoted
employee shall be that step on the salary range which
he/she would have achieved had he/she been
continuously in the position to which he/she has been
demoted, all within-range increments having been granted.
5.13 Salary on Voluntary Demotion. Whenever any
employee voluntarily demotes to a position in a class
having a salary schedule lower than that of the class from
which he or she demotes, his or her salary shall remain
the same if the steps in his or her new (demoted) salary
range permit, and if not, new salary shall be set at the step
next below former salary.
5.14 Transfer. An employee who is transfeirred from
one position to another as described under "Transfer" shall
be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer.
AFSCME Local 512 -34- 1995-1999 MOU
In the event that the steps in the, range for the new class
do not contain the same rates as the range for the old
class, the employee shall be placed at the step of the new
range which is next above the salary rate received in the
old range; or if the new range does not contain a higher
step, the employee shall be placed at the step which is
i next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a
deep class, as provided in the appropriate deep class
resolutions, the salary of the employee shall be set as
provided in the deep class resolutions at a step not to
exceed a five percent (5%) increase in the employee's
base salary.
However, if;-Ahe deep class transfer occurs to or from a
deep class with specified levels identified~ for certain
positions and their incumbents, the employee's salary in
the new class shall be set in accordance with the section
on "Salary on Promotion" if the employee is transferring to
another class or to a level in a deep class for which the
salary is at least five percent (5%) above the top base step
of the deep class level or class in which they have status
currently.
5.15 Pay for Work in Higher Classification. When
an employee in a permanent position in the merit system
is required to work in a classification for which the
compensation is greater than that to which the employee
AFSCME Local 512 -35- 1995-1999 MOU
is regularly assigned, the employee shall receive
compensation for such work at the rate of pay established
for the higher classification pursuant to Subsection 5. 11
Salary on Promotion of this Memorandum, commencing
on the 73rd consecutive hour in the assignment, under the
following conditions:
A. The employee is assigned to a program service, or
activity established by the Board of Supervisors which
is reflected in an authorized position which has been
classified and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such
that the employee in the lower classification becomes
fully responsible for the duties of the position of the
higher classification.
C. Employee selected for the assignment will normally be
expected to meet the minimum qualifications for the
higher classification.
D. Pay for work in a higher classification shall not be
utilized as a substitute for regular promotional
procedures provided in this Memorandum.
E. Higher pay assignments shall not exceed six (6)
months except through reauthorization.
AFSCME Local 512 -36- 1995-1999 MOU
F. If approval is granted for pay for work in a higher
classification and the assignment is terminated and
later reapproved for the same employee within thirty
(30) days no additional waiting period will be required.
G. Any incentives (e.g., the education incentive) and
special differentials (e.g., bilingual differential and
hazardous duty differential) accruing to the employee
in his/her permanent position shall continue.
H. During the period of work for higher pay in a higher
classification, an employee will retain his/her
permanent classification, and anniversary and salary
review dates will be determined by time in that
classification; 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.
I. Allowable overtime pay, shift differentia.; and/or work
location differentials will be paid on the basis of the
rate of pay for the higher class.
AFSCME Local 512 -37- 1995-1999 MOU
5.16 Building pervisor Differential. Institutional
Supervisor I's in Juvenile Hall will receive a seven and one
half percent (7.5%) differential premium pay when
assigned as Building Supervisor, commencing with the
first hour worked while substituting for the Institutional
Supervisor II. The effective date for the differential will be
January 1 , 1997.
5.17
Payment. On the tenth (10th) day of each
month, the Auditor will draw a warrant upon the Treasurer
in favor of each employee for the amount of salary due the
employee for the preceding . month; provided, however,
that each employee (except those paid on an hourly rate)
may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the
twenty-fifth (25th) day of each month, draw his/her warrant
upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3)
or less, at the employee's option, of the employee's basic
salary of the previous month except that it shall not exceed
the amount of the previous month's basic salary less all
requested or required deductions.
The election to receive an advance shall be made on or
before April 30 or October 31 of each year or during the
first month of employment by filing on forms prepared by
the Auditor-Controller a notice of election to receive salary
advance.
AFSCME Local 512 -38- 1995-1999 MOU
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the. case of an election made pursuant to this Section,
all required or requested deductions from salary shall be
taken from the second installment, which is payable on the
tenth (10th) day of the following month.
5.18 Pay Warrant Errors. If an employee receives a
pay warrant which has an error in the amount of
compensation to be received and if this error occurred as
. a result of a mistake by the Auditor-Controller's
,. Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new
warrant issued within forty-eight (48) hours, exclusive of
Saturdays, Sundays and holidays from the time the
Department is made aware of and verifies that the pay
warrant is in error.
Pay errors in employee pay shall be corrected as soon as
possible as to current pay rate but that no recovery of
either overpayments or underpayments to an- employee
shall be made retroactively except for the two (2) year
period immediately preceding discovery of the pay error.
This provision shall apply regardless of whether the error
was made by the employee, the appointing authority or
designee, the Director of Human Resources or designee,
or the Auditor-Controller or designee.
AFSCME Local 512 -39- 1995-1999 MOU
Recovery of fraudulently accrued over or underpayments
are excluded from this section for both parties.
When the County notifies an employee of an overpayment
and proposed repayment schedule and the employee
wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined. If
requested by the employee, a Union representative may
be present at a meeting with management to discuss a
repayment schedule in- the case of overpayments to the
employee.
5.19 Social Service Staff Specialist Unit - Equity
Adiustment. Effective the first day of the month following
Board approval of this MOU, the salary range of the Senior
Social Service Information Systems Analyst class shall be
increased thirty five (35) levels to C3-2110 which will
reestablish parity with the Social Service Program Analyst
class. This linkage shall continue throughout the term of
this MOU or until the Social Service Program Analyst class
reaches the Pay Equity trend line, whichever is sooner.
SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty (40)
hours between 12:01 a.m. Monday to 12:00 midnight
Sunday, usually five (5) eight (8) hour days. However,
where operational requirements of a department require
AFSCME Local 512 -40- 1995-1999 MOU
deviations from the usual.. pattern of five (5) eight (8) hour
days per work week, an employee's work hours may be
scheduled to meet these requirements. The Department
Head shall prepare written schedules in advance to
support all deviations, and encompassing the complete
operational cycle contemplated.
The work week for employees in the 4/10 shift is four (4)
ten (10) hour working days during a work week consisting
of any seven (7) day period. If the County wants to
eliminate any existing 4/10 shift and substitute a 5/8 shift
or to institute a 4/10 shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change
of shift assignment), it will meet and confer with the Union
prior to implementing said new shift.
The Probation Department agrees to establish a pilot 9/80
work schedule program for those Institutional Supervisor I
employees who work the graveyard shift at Juvenile Hall
with the following conditions:
A. The 9/80 program does not negatively impact the
operations of the Juvenile Hall graveyard shift;
B. The 9/80 program will not result in additional staff
costs;
C. The 9/80 program will be reviewed six (6) months after
implementation; and
AFSCME Local 512 -41- 1995-1999 MOU
D. The 9/80 work schedule will be optional to the
assigned Institutional Supervisor I employee.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty (40) hours per week or eight
(8) hours per day. Overtime for 4/10 shift employees is any
work performed beyond ten (10) hours per day or forty
(40) hours per week. All overtime shall be compensated
for at the rate of one and one-half (1 -1/2) times the
employee's base rate of pay (not including shift and other
special differentials).
Overtime for permanent employees is earned and credited
in a minimum of one-half (1/2) hour increments and is
compensated by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in
positions which work around the clock (such as the County
hospital, the Sheriffs office and jails, and the juvenile hall
and boys' ranch) shall be provided a choice as to whether
they shall be paid at the overtime rate or shall receive
compensatory time off at the rate of one and one-half (1 -
1/2) hours compensatory Mme off for each hour worked.
Such compensatory time off, and the accumulation thereof
shall be in addition to the total vacation accumulation
permitted under the terms of this MOU. The specific
AFSCME Local 512 -42- 1995-1999 MOU
provision of this accumulation is set forth in Section 13.3 of
this MOU. Regular overtime for twenty-four (24) hour
institutional employees may be accrued as compensatory
time in accordance with Section 7.2 of this MOU.
7.2 Compensatory Time. The following provisions
shall apply:
A. Employees may periodically elect to accrue
compensatory time off in lieu of overtime pay. Eligible
employees must notify their Department Head or his
or her designee of their intention to accrue
compensatory time off or to receive overtime pay at
least thirty (30) days in advance of the change.
B. The names of those employees electing to accrue
compensatory time off shall be placed on a list
maintained by the Department. Employees who
become eligible (i.e., newly hired employees,
employees promoting, demoting, etc.) for
compensatory time off in accordance with these
guidelines must elect to accrue compensatory time or
they will be paid for authorized overtime hours
worked.
C. Compensatory time off shall be accrued at the rate of
one and one-half (1 -1 /2) times the actual authorized
overtime hours worked by the employee.
AFSCME Local 512 -43- 1995-1999 MOU
D. Employees may not accrue a compensatory time off
balance that exceeds one hundred twenty (120) hours
(i.e., eighty (80) hours at time and one-half). Once the
maximum balance has been attained, authorized
overtime hours will be paid at the overtime rate. If the
employee's balance falls below one hundred twenty
(120) hours, the employee shall again accrue
compensatory time off for authorized overtime hours
worked until the employee's balance again reaches
one hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over
for use in the next fiscal year; however, as provided in
D. above, accrued compensatory time off balances
may not exceed one hundred twenty (120) hours.
F. Employees may not use more than one hundred
twenty (120) hours of compensatory time off in any
fiscal year period (July 1 - June 30).
G. The use of accrued compensatory time off shall be by
mutual agreement between the Department Head or
his/her designee and the employee. Compensatory
time off shall not be taken when the employee should
be replaced by another employee who would be
eligible to receive, for time worked, either overtime
payment or compensatory time accruals as provided
for in this Section. This provision may be waived at
the discretion of the Department Head or his or her
AFSCME Local 512 -44- 1995-1999 MOU
designee.
H. When an employee promotes, demotes or transfers
from one classification eligible for compensatory time
off to another classification eligible for compensatory
time off within the same department, the employee's
accrued compensatory time off balance will be carried
forward with the employee.
I. Compensatory time accrual balances will be paid off
when an employee moves from one department to
another through promotion, demotion or transfer. Said
payoff will be made in accordance with the provisions
and salary of the class from which the employee is
promoting, demoting or transferring as set forth in J.
below.
J. Since employees accrue compensatory time off at the
rate of one and one-half (1 -1/2) hours for each hour of
authorized overtime worked, accrued compensatory
time balances will be paid off at the straight time rate
(two-thirds (2/3) the overtime rate) for the employee's
current salary whenever:
1 . the employee changes status and is no longer
eligible for compensatory time off;
2. the employee promotes, demotes or transfers to
another department;
AFSCME Local 512 -45- 1995-1999 MOU
3. the employee separates from County service;
4. the employee retires.
K. The Office of the County Auditor-Controller will
establish timekeeping procedures to administer this
Section.
7.3 Fair Labor Standards Act Provisions. The Fair
Labor Standards Act, as amended, may govern certain
terms and conditions of the employment of employees
covered by this MOU. It is anticipated that compliance
with the Act may require changes in some of the County
policies and practices currently in effect or agreed upon. If
it is determined by the County that certain working
conditions, including but not limited to work schedules,
hours of work, method of computing overtime, overtime
pay and compensatory time off entitlements or use, must
be changed to conform with the Fair Labor Standards Act,
such terms and conditions of employment shall not be
controlled by this MOU but shall be subject to modification
by the County to conform to the Federal Law, without
further meeting and conferring. The County shall notify the
Union (employee organizations) and will meet and confer
with said organization regarding the implementation of
such modification.
AFSCME Local 512 -46- 1995-1999 MOU
SECTION 8 -- CALL-BACK TIME
Any employee who is called back to duty shall be paid at
the appropriate rate for the actual time worked plus one (1 )
hour. Such employee called back shall be paid a
minimum of two (2) hours at the appropriate rate for each
call-back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the
employee is actually on duty during which an employee is
not required to be on County premises but stand ready to
immediately report for duty and must arrange so that
his/her superior can reach him/her on ten (10) minutes
notice or less. An employee assigned to on-call time shall
be paid one (1 ) hour of straight time credit for each four (4)
hours on such on-call time unless otherwise provided in
the supplemental sections of this Agreement. Where on-
call arrangements exist, the Department Head shall
designate which employees are on-call unless otherwise
provided in the supplemental sections of this Agreement.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees
shall receive five percent (5%) above their base salary
AFSCME Local 512 -47- 1995-1999 MOU
rate.
To qualify for shift differential, an employee must have a
regularly assigned daily work schedule which requires:
A. Completion of more than one and one-half (1 -1/2)•
hours over the normal actual working time; or
B. at least four (4) hours of actual working time from 5:00
p.m. through 9:00 a.m. inclusive. However,
employees who have been regularly working a shift
qualifying for shift differential immediately preceding
the commencement of a vacation, paid sick leave
period, paid disability or other paid leave, will have
shift differential included in computing the pay for their
leave. The paid leave of an employee who is on a
rotating shift schedule shall include the shift
differential that would have been received had the
employee worked the shift for which the employee
was scheduled during such period. Shift differential
shall only be paid during paid sick leave and paid
disability as provided above for the first thirty (30)
calendar days of each absence.
SECTION 11 - SENIORITY, WORKFORCE REDUCTION
LAYOFF & REASSIGNMENT
11 .1 Workforce Reduction. In the event that funding
AFSCME Local 512 -48- 1995-1999 MOU
reductions or shortfalls'in funding occur in a department or
are expected, which may result in layoffs, the department
will notify the union and take the following actions:
A. Identify the classification(s) in which position
reductions may be required due to funding reductions
or shortfalls.
B. Advise employees in those classifications that position
reductions may occur in their classifications.
C. Accept voluntary leaves of absence from employees
in those ..classifications which do not appear to be
potentially impacted by possible position reductions
when such leaves can be accommodated by the
department.
D. Consider employee requests to reduce their position-
hours
ositionhours from full time to part time to alleviate the impact
of the potential layoffs.
E. Approve requests for reduction in hours, lateral
transfers, and voluntary demotions to vacant, funded
positions in classes not scheduled for layoffs within
the department, as well as to other departments not
experiencing funding reductions or shortfalls when it is
a viable operational alternative for the department(s).
AFSCME Local 512 -49- 1995-1999 MOU
Tactical Employment Team program (TET) to:
1 . Maintain an employee skills inventory bank to be
used as a basis for referrals to other employment
opportunities.
2. Determine if there are other positions to which
employees may be transferred.
3. Refer interested persons to vacancies which
occur in other job classes for which they qualify
and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in
areas such as resume preparation, alternate
career counseling, job search strategy, and
interviewing skills.
G. When it appears to the Department Head and/or
Labor Relations Officer that the Board of
Supervisors may take action which will result in the
layoff of employees in a representation unit, the
Labor Relations Officer shall notify the Union of the
possibility of such layoffs and shall meet and confer
with the Union regarding the implementation of the
action.
AFSCME Local 512 -50- 1995-1999 MOU
11 .2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having
permanent status in position(s) in the merit service
may be laid off when the position is no longer
necessary, or for reasons of economy, lack of work,
lack of funds or for such other reason(s) as the Board
of Supervisors deems sufficient for abolishing the
position(s).
B. Order of Layoff. The order of layoff in a department
shall be based on inverse seniority in the class of
positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1 . In the Same Class. A laid off permanent full time
employee may displace an employee in the
department having less seniority in the same
class who occupies a permanent-intermittent or
permanent part-time position, the least senior
employee being displaced first.
2. In the Same Level or Lower Class. A laid off or
displaced empioyee who had achieved
permanent status in a class at the same or lower
salary level as determined by the salary schedule
in effect at the time of layoff may displace within
AFSCME Local 512 -51- 1995-1999 MOU
the department and in the class of an employee
having less seniority; the least senior employee
being displaced first, and so on with senior
displaced employees displacing junior
employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent part-time
employees may displace only employees holding
permanent positions of the same type respec-
tively.
2. A permanent full time employee may displace
any intermittent or part-time employee with less
seniority 1 ) in the same class or, 2) in a class of
the same or lower salary level if no full time
employee in a class at the same or lower salary
level has less seniority than the displacing
employees.
3. Former permanent full time employees who have
voluntarily become permanent part-time
employees for the purpose of reducing the impact
of a proposed layoff with the written approval of
the Director of Human Resources or designee
retain their permanent full time employee
seniority rights for layoff purposes only and may
in a later layoff displace a full time employee with
AFSCME Local 512 -52- 1995-1999 MOU
less-,,seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for
layoff and displacement purposes shall be determined
by adding the employee's length of service in the
particular class in question to the employee's length of
service in other classes at the same or higher salary
levels as determined by the salary schedule in effect
at the .time of layoff. Employees reallocated or
transferred without examination from one class to
another class having a salary within five (5%) percent
of the former class, as provided in Section 305.2 of
the PMRs, shall carry the seniority accrued in the
former class into the new class. Employees,
reallocated to a new deep class upon its initiation or
otherwise reallocated to a deep class because the
duties of the position occupied are appropriately
described in the deep class shall carry into the deep
class the seniority accrued or carried forward in the
former class and seniority accrued in other classes
which have been included in the deep class. Service
for layoff and displacement purposes includes only
the employee's last continuous permanent County
employment. Periods of separation may not be
bridged to extend such service unless the separation
is a result of layoff in which case bridging will be
authorized if the employee is reemployed in a
permanent position within the period of layoff
eligibility. Approved leaves of absence as provided
AFSCME Local 512 -53- 1995-1999 MOU
for in these rules and regulations shall not constitute a
period of separation. In the event of ties in seniority
rights in the particular class in question, such ties
shall be broken by length of last continuous
permanent County employment. If there remain ties
seniority rights, such ties shall be broken by
counting total time in the department in permanent
employment. . Any remaining ties shall be broken by
random selection among the employees involved.
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 displacement, the
person's name shall be placed on the layoff list for the
class of positions from which that person has been
removed.
G. Order of Names on Lav ff. 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, demoted or transferred on the date of
layoff, the most senior person listed first. In case of
AFSCME Local 512 -54- 1995-1999 MOU
r"YY+v
ties in seniority, the, seniority rules shall apply except
that where there is a class seniority tie between
persons laid off from different departments, the tie(s)
shall be broken by length of last continuous
permanent County employment with remaining ties
broken by random selection among the employees
involved.
H. Duration of Layoff and Reemployment Rights. The
name of any person granted reemployment privileges
shall continue on the appropriate list for a period of
two (2) .years. Persons placed on layoff lists shall
continue on the appropriate list for a period of four (4)
years.
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 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
AFSCME Local 512 -55- 1995-1999 MOU
appointed at the same step of the salary range the
employee held on the day of layoff.
J. Removal of Names from Reem IIQyment & Layoff
Lists. The Director of Human Resources may remove
the name of any eligible from a reemployment or layoff
list for any reason listed below:
1 . For any cause stipulated in Section 404.1 of the
Personnel Management Regulations.
2. On evidence that the eligible cannot be located
by postal authorities.
3. On receipt of a statement from the appointing
authority or eligible that the eligible declines
certification or indicates no further desire for
appointment in the class.
4. If three (3) offers of permanent appointment to
the class for which the eligible list was
established have been declined by the eligible.
5. If the eligible fails to respond to the Director of
Human Resources or the appointing authority
within ten (10) days to written notice of cer-
tification mailed to the person's last known
address.
AFSCME Local 512 -56- 1995-1999 MOU
6. If the person on the reemployment or layoff list is
appointed to another position in the same or
lower classification, the name of the person shall
be removed.
7. However, if the first permanent appointment of a
person on a layoff list is to a lower class which
has a top step salary lower than the top step of
the class from which the person was laid off, the
name of the person shall " not . be removed from
the layoff list. Any subsequent appointment of
such person from the layoff list shall result in
removal of that person's name.
K. Removal of Names from Reemployment and Layoff
Certifications. The Director of Human Resources may
remove the name of any eligible from a reemployment
or layoff certification if the eligible fails to respond
within five (5) days to a written notice of certification
mailed to the person's last known address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
11 .4 Saecial Employment Lists. The County will
establish a TET Employment Pool which will include the
names of all laid off County employees. Special
employment lists for job classes may be established from
AFSCME Local 512 -57- 1995-1999 MOU
the pool. Persons placed on a special employment list
must meet the minimum qualifications for the class. An
appointment from such a list will not affect the individual's
status on a layoff list(s).
11 .5 Reassignment of Laid Off Employees.
Employees who displaced within the same classification
from full time to part-time or intermittent status in a layoff,
or who voluntarily reduced their work hours to reduce the
impact of layoff, or who accepted a position of another
status than that from which they were laid off upon referral
from the layoff list, may request reassignment back to their
pre-layoff status (full time or part-time or increased hours).
The request must be in writing in accord with each
department's reassignment bid or selection process.
Employees will be advised of the reassignment procedure
to be followed to obtain reassignment back to their former
status at the time of the workforce reduction. The most
senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except
when a more senior laid off individual remains on the layoff
list and has not been appointed back to the class from
which laid off, a referral from the layoff list will be made to
fill the vacancy.
11 .6 Further Study. The County agrees to meet with;
the Labor Coalition for study of the concept of employee's
waiver of displacement rights in a layoff.
AFSCME Local 512 -58- 1995-1999 MOU
SECTION 12;_ HOLIDAYS
12.1 Holidays Observed. The County will observe
the following holidays:
A. January 1 st, known as New Year's Day
Third Monday in January known as
Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as
Thanksgiving Day,
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by
resolution designate as holidays.
B. Each employee shall accrue two (2) hours of personal
holiday."credit per month. Such personal holiday time
may be taken in increments of one-half (1/2) hour, and
preference of personal holidays shall be given to
employees according to their seniority in their
department as reasonably as possible. No employee
may accrue more than forty (40) hours of personal
holiday credit beginning January 1 , 1988. On
AFSCME Local 512 -59- 1995-1999 MOu
separation from County service, an employee shall be
paid for any unused personal holiday credits at the
employee's then current pay rate.
12.2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to be applied:
A. Employees on the five (5) day Monday through Friday
work schedule shall be entitled to a holiday whenever
a holiday is observed pursuant to the schedule cited
above.
B. Employees on a work schedule other than Monday
through Friday shall be entitled to credit for any
holiday, whether worked or not, observed by
employees on the regular schedule.
C. For all employees, if a work day falls on a scheduled
holiday they shall receive overtime pay or equivalent
compensatory time credit (Holiday Credit) for working
the holiday, or if a holiday falls on the day off of an
employee, the employee shall be given straight time
pay or equivalent compensatory time credit.
D. If any holiday listed in Section 12.1 .A above falls on a
Saturday, it shall be celebrated on the preceding
Friday. If any holiday listed in Section 12.1 .A falls on
a Sunday, it shall be celebrated on the following
Monday.
AFSCME Local 512 -60- 1995-1999 MOU
The purpose`.of this plan is to equalize holidays between
employees on regular work schedule and those on other
work schedules.
12.3 Permanent Part-Time Employees.-ees.- Permanent
part-time and permanent-intermittent employees who work
on a holiday shall receive overtime pay or compensatory
time credit for all hours worked, up to a maximum of eight
(8). For employees in the Animal Services Department
assigned to units or services on a shift operational cycle
(as designated by the appointing authority) which includes
Saturday (rather than Monday through Friday, eight (8)
hours per day or 9/80 schedule). Holidays will be
observed on the day on which the holiday falls regardless
if it is a Saturday.
12.4 4/10 Shift - Holidays.
A. Holiday Shift Pay. For all employees, if a work day
falls on a scheduled holiday, they shall receive
overtime pay or equivalent compensatory time credit
(Holiday Credit) for working the holiday for the first
eight (8) hours worked; or if a holiday falls on the day
off of an employee, the employee shall be given
straight time pay or equivalent compensatory time
credit for eight (8) hours.
B. Absence on Holiday[. The maximum time charged to
sick leave, vacation or leave without pay on a holiday
AFSCME Local 512 -61- 1995-1999 MOU
shall be two (2) hours.
12.5 9/80 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work day
falls on a scheduled holiday, they shall receive
overtime pay or equivalent compensatory time credit
(Holiday Credit) for working. the holiday for the first
eight (8) hours worked; or if a holiday falls on the day
off of an employee, the employee shall be given
straight time pay or equivalent compensatory time
credit for eight (8) hours.
B. Absence on Holiday. The maximum time charged to
sick leave, vacation, or leave without pay on a holiday
shall be one (1 ) hour.
12.6 Accrual of Holiday Time & Credit. Employees
entitled to holiday credit shall be permitted to elect
between pay at the overtime rate or compensatory time off
in recognition of holidays worked.
The following procedures shall apply to this selection:
A. Any person who is eligible and who elects to accrue
holiday credit must agree to do so for a full fiscal year
(July 1 through June 30), or the remainder thereof.
AFSCME Local 512 -62- 1995-1999 MOU
B. Employees starting work after a list of those electing
to accrue holiday credit has been submitted to the
Auditor and approved, will be paid overtime unless
they specifically requested in writing within seven (7)
calendar days to be placed on the holiday credit
accrual list.
C. Holiday time shall be accrued at the rate specified
above to a maximum of eight (8) hours worked by the
employee.
D. Accrued holiday credit may not be accumulated in
excess of two hundred eighty-eight (288) working
hours exclusive of regular vacation accruals. After
two hundred eighty-eight (288) hours, holiday time
shall be,"paid at the overtime rate as specified above.
E. Accrued holiday credit may be taken off at times
determined by mutual agreement of the employee and
the Department Head.
F. Accrued holiday credit shall be paid off only upon a
change in status of the employee such as separation,
transfer to another department or reassignment to a
permanent-intermittent position.
AFSCME Local 512 -63- 1995-1999 MOU
SECTION 13 - VACATION AND PAID PERSONAL
LEAVE
13.1 Vacation Allowance. Employees in permanent
positions are entitled to vacation with pay. Accrual is
based upon straight time hours of working time per
calendar month of service and begins on the date of
appointment to a permanent position. Increased accruals
begin on the first of the month following the month in which
the employee qualifies. Accrual for portions of a month
shall be in minimum amounts of one (1 ) hour calculated on
the same basis as for partial month compensation
pursuant to Section 5.8 of this MOU. Vacation credits may
be taken in 1/2 hour increments but may not be taken
during the first six (6) months of employment except where
sick leave has been exhausted; and none shall be allowed
in excess of actual accrual at the time vacation is taken.
13.2 Vacation Leave on Reemployment from a
Layoff List. Employees with six (6) months or more
service in a permanent position prior to their layoff, who
are employed from a layoff list, shall be considered as
having completed six (6) months tenure in a permanent
position for the purpose of vacation leave. The appointing
authority or designee will advise the Auditor-Controller's
Payroll Unit in each case where such vacation is
authorized so that appropriate Payroll system override
actions can be taken.
AFSCME Local 512 -64- 1995-1999 MOU
13.3 Vacation Accrual Rates. For employees in the
Social Service Staff Specialist Unit, Probation Supervisor
Unit and Sheriffs Non-Sworn Management Unit, the rates
at which vacation credits accrue and the maximum
accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 1.1 years :10 240
11 years 10-2/3 256
12 years 11 -1/3 272
13 years 12 288
14 years 12-2/3 304
15' through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up .23-1/3 560
For employees in the Income Maintenance Program,
Engineering Technician and the Clerical Supervisory Units,
vacation credits accrue, and the maximum accumulation
thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11 -1 /3 272
AFSCME Local 512 -65- 1995-1999 MOU
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
13.4 Accrual During Leave Without Pay. - No
employee who has been granted a leave without pay or
unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who
is absent without pay accrue vacation credit during the
absence.
13.5 Vacation Allowance for Separated Employees.
On separation from County service, an employee shall be
paid for any unused vacation credits at the employee's
then current pay rate.
13.6 Preference. Vacation shall be given to
employees according to their seniority in their department
as much as is reasonably possible.
13.7 Prorated Accruals. Employees in permanent
part-time and permanent-intermittent positions shall
accrue vacation benefits on a prorated basis as provided
in Section 36-2.006 of Board Resolution 81/1165.
AFSCME Local 512 -66- 1995-1999 MOU
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of
paid sick leave is to ensure employees against loss of pay
for temporary absences from work due to illness or injury.
It is a benefit extended by the County and may be used
only as authorized; it is not paid time off which employees
may use for personal activities.
14.2 Credits To and Charaer s Aaainst Sick Leave.
Sick leave credits accrue at the rate of eight (8) working
hours credit for each completed month of service, as
prescribed by County Salary Regulations. Employees who
work a portion of a month are entitled to a pro rata share
of the monthly sick leave credit computed on the same
basis as is partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minutes)
increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through
retirement, accumulated sick leave credits shall be
canceled, unless the separation results from layoff, in
which case the accumulated credits shall be restored if re-
employed in a permanent position within the period of
layoff eligibility.
AFSCME Local 512 -67- 1995-1999 MOU
As of the date of retirement, an employee's accumulated
sick leave is converted to retirement on the basis of one
day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governina the Use of Paid Sick
Leave. As indicated above, the primary purpose of paid
sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury.
The following definitions apply:
Immediate Family: Includes only the spouse, son,
stepson, daughter, stepdaughter, father, stepfather,
mother, stepmother, brother, sister, grandparent,
grandchild, niece, nephew, father-in-law, mother-in-law,
daughter-in-law, son-in-law, brother-in-law, sister-in-law,
foster children, aunt, uncle, cousin, stepbrother, or
stepsister of an employee and/or includes any other
person for whom the employee is the legal guardian or
conservator, or any person who is claimed as a
"dependent" for IRS reporting purposes by the employee.
Em I�oyee: Any person employed by Contra Costa County
in an allocated position in the County service.
Paid Sick Leave Credits: Sick leave credits provided for
by County Salar % Regulations and memoranda of
understanding.
AFSCME Local 512 -68- 1995-1999 MOU
Condition/Reason: With respect to necessary verbal
contacts and confirmations which occur between the
department and the employee when sick leave is
requested or verified, a brief statement in non-technical
terms from the employee regarding inability to work due to
injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject
to appointing authority approval, by an employee in pay
status, but only in the following instances:
A. Temporary Illness or Injury of an Employee. Paid sick
leave credits may be used when the employee is off
work because of a temporary illness or injury.
B. Permanent Disability Sick , Leave. Permanent
disability means the employee suffers from a disabling
physical, injury or illness and is thereby prevented
from engaging in any County occupation for which the
employee is qualified by reason of education, training
or experience. Sick leave may be used by
permanently disabled employees until all accruals of
the employee have been
exhausted or until the employee is retired by the
Retirement Board, subject to the following conditions:
1 . An application for retirement due to disability has
been filed with the Retirement Board.
AFSCME Local 512 -69- 1995-1999 MOU
2. Satisfactory medical evidence of such disability is
received by the appointing authority within thirty
(30) days of the start of use of sick leave for
permanent disability.
3. The appointing authority may review medical
evidence and order further examination as
deemed necessary, and may terminate use of
sick leave when such further . examination
demonstrates that the employee -is not disabled,
or when the appointing authority determines that
the medical evidence submitted by the employee
is insufficient, or where the above conditions
have not been met.
C. Communicable Disease. An employee may use paid
sick leave credits when under. a physician's order to
remain secluded due to exposure to a communicable
disease.
D. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or contributed
to by pregnancy, miscarriage, abortion, childbirth, or
recovery therefrom, shall be allowed to utilize sick
leave credit to the maximum accrued by such
employee during the period of such usability under
the conditions set forth below:
AFSCME Local 512 -70- 1995-1999 MOU
1 . Application for such leave must be made by the
employee to the appointing authority
accompanied by a written statement of disability
from the employee's attending physician. The
statement must address itself to the employee's
general physical condition having considered the
nature of the work performed by the employee,
and it must indicate the date of the
commencement of the disability as well as the
date the physician anticipates - the disability to
terminate.
2. If an employee does not apply for leave and the
appointing authority believes that the employee is
not able to properly perform her work or that her
general health is impaired due to disability
caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or recovery
therefrom the employee shall be required to
undergo a physical examination by a physician
selected by the County. Should the medical
report so recommend, a mandatory leave shall be
imposed upon the employee for the duration of
the disability.
3. Sick leave may not be utilized after the employee
has been released from the hospital unless the
employee has provided the County with a written
statement from her attending physician stating
AFSCME Local 512 -71- 1995-1999 MOU
that her disability continues and the projected
dates of the employee's recovery from such
disability.
E. Medical and Dental Appointments. An employee may
use paid sick leave credits:
1 . For working time used in keeping medical and
dental appointments for the employee's own care;
and
2. For working time used by an employee for
prescheduled medical and dental appointments
for an immediate family member.
F. _Emergency Care of Family. An employee may use
paid sick leave credits for working time used in cases
of illness or injury to an immediate family member.
G. Death of Family Member. An employee may use paid
sick leave credits for working time used because of a
death in the employee's immediate family or of the
employee's domestic partner, but this shall not
exceed three (3) working days, plus up to two (2) days
of work time for necessary travel. Use of additional
accruals including sick leave when appropriate may
be authorized in conjunction with the bereavement
leave at the discretion of the appointing authority.
AFSCME Local 512 -72- 1995-1999 MOU
H. Legal adoption of a Child - Paid sick leave credits may
be used by an employee upon adoption of the child.
1. Accumulated paid sick leave credits may not be used
in the following situations:
1 . Vacation. Paid sick leave credits may not be
used for an employee's illness or injury which
occurs while he is on vacation but the County
Administrator may authorize it when extenuating
circumstances exist and the appointing authority
approves.
2. Not in Pay Status. Paid sick leave credits may
not be used when the employee would otherwise
be eligible to use paid sick leave credits but is not
in pay status.
14.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the department head. The following
procedures apply:
A. Employee Responsibilities
1 . Employees are responsible for notifying their
department of an absence prior to the
commencement of their work shift or as soon
thereafter as possible. Notification shall include
the reason and possible duration of the absence.
AFSCME Local 512 -73- 1995-1999 MOU
2. Employees are responsible for keeping their
department informed on a continuing basis of
their condition and probable date of return to
work.
3. Employees are responsible for obtaining advance
approval from their supervisor for the scheduled
time of pre-arranged personal or family medical
and dental appointment.
4. Employees are encouraged to keep the
department advised of (1 ) a current telephone
number to which sick leave related inquiries may
be directed, and (2) any condition(s) and/or
restriction(s) that may reasonably be imposed
regarding specific locations and/or persons the
department may contact to verify the employee's
sick leave.
B. Department Responsibilities. The use of sick leave
may properly be denied if these procedures are not
followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action.
Departmental approval of sick leave is a certification
of the legitimacy of the sick leave claim. The
department head or designee may make reasonable
inquiries about employee absences. The department
may require medical verification for an absence of
AFSCME Local 512 -74- 1995-1999 MOU
S ,
three (3) or more working days. The department may
also require medical verification for absences of less
than three. (3) working days for probable cause if the
employee had been notified in advance in writing that
such verification was necessary. Inquiries may be
made in the following ways:
J
1 . Calling the employee's residence telephone
number or other contact telephone number
provided by the employee if telephone notification
,was not made in accordance with departmental
sick leave call-in guidelines. These inquiries shall
be subject to any restrictions imposed by the
employee under Section 14A.A.
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another form
established for that purpose, as employee
certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of
explanation regarding the sick leave claim.
4. Requiring the employee to obtain a physician's
certificate or verification of the employee's illness,
date(s) the emploN le was incapacitated, and the
employee's ability to return to work, as specified
above.
AFSCME Local 512 -75- 1995-1999 MOU
5. In absences of an extended nature, requiring the
employee to obtain from their physician a
statement of progress and anticipated date on
which the employee will be able to return to work,
as specified above.
Department heads are responsible for
establishing timekeeping procedures which will
insure the submission of a time card covering
each employee absence and for operating their
respective offices in accordance with these
policies and with clarifying regulations issued by
the Office of the County Administrator.
To help assure uniform policy application, the
Human Resources Director or designated
management staff of the County Human
Resources Department should be contacted with
respect to sick leave determinations about which
the department is in doubt.
14.5 Disailit .
A. An employee physically or mentally incapacitated for
the performance of duty is subject to dismissal,
suspension or demotion, subject to the County
Employees Retirement Law of 1937.. An appointing
authority may place an employee on leave if the
appointing authority has filed an application for
AFSCME Local 512 -76- 1995-1999 MOU
disability- retirement for the employee or whom the
appointing authority believes to be temporarily
physically or mentally incapacitated for the
performance of the employees duties.
B. An appointing authority who has reasonable cause to
believe that there are physical or mental health
conditions present in an employee which endanger
the health or safety of the employee, other
employees, or the public, or which impair the
employee's performance of duty, may order the
employee to undergo at County expense a physical,
medical and/or psychiatric examination by a licensed
physician and receive a report of the findings on such
examination. If the examining physician recommends
that treatment for physical or mental health problems,
including leave, are in the best interests of the
employee or the County in relation to the employee
overcoming any disability and/or performing his or her
duties the appointing authority may direct the
employee to take such leave and/or undergo such
treatment.
C. Leave due to temporary or permanent disability shall
be without prejudice to the employee's right to use
sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The
Human Resources Director may order lost pay
restored for good cause and subject to the employee's
AFSCME Local 512 -77- 1995-1999 MOU
duty to mitigate damages.
D. Before an employee returns to work from any absence
for illness or injury, other leave of absence or disability
leave, exceeding two weeks in duration, the
appointing authority may order the employee to
undergo at County expense a physical, medical,
and/or psychiatric examination by a licensed
physician, and may consider a report of the findings
on such examination. If the report shows that such
employee is physically or mentally incapacitated for
the performance of duty, the appointing authority may
take such action as, he/she deems necessary in
accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of
absence or suspended because of physical or mental
incapacity under (A) or (B) above, the employee shall
be given notice of the proposed leave of absence or
suspension by letter or memorandum, delivered
personally or by certified mail, containing the
following:
1 . a statement of the leave of absence or
suspension proposed;
2. the proposed dates or duration of the leave or
suspension which may be indeterminate until a
AFSCME Local 512 -78- 1995-1999 MOU
certain physical or mental health condition has
been attained by the employee;
3. a statement of the basis upon which the action is
being taken
4. a statement that the employee may review the
materials upon which the action is taken;
5. a statement that the employee has until a
specified date (not less than seven (7) work days
from personal delivery or mailing of the notice) to
respond to the appointing authority orally or in
writing.
F. Pending response to the notice the appointing
authority for cause 'specified, in writing may place the
employee on a temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered
or mailed shall have seven (7) work days to respond
to the appointing authority either orally or in writing
before the proposed action may be taken.
H. After having complied with the notice requirements
above, the appointing authority may order the leave of
absence or suspension in writing stating specifically
the basis upon which the action is being taken,
delivering the order to the employee either personally
AFSCME Local 512 -79- 1995-1999 MOU
or by certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended
under this section may, within ten (10) calendar days
after personal delivery or mailing to the employee of
the order, appeal the order in writing through the
Director of Human Resources to the Merit Board.
Alternatively, the employee may file a written election
with the Director of Human Resources waiving the
employee's right to appeal to the Merit Board in favor
of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or
the Disability Review Arbitrator, the employee has the
burden of proof to show that either:
1 . the physical or mental health condition cited by
the appointing authority does not exist, or
2. the physical or mental health condition does
exist, but it is not sufficient to prevent, preclude,
or impair the employee's performance of duty, or
is not sufficient to endanger the health or safety
of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and
appeal shall be transmitted by the Director of Human
Resources to the Merit Board for hearing under the
AFSCME Local 512 -80- 1995-1999 MOU
Merit Board's Procedures, Section 1114-1128
inclusive. Medical reports submitted in evidence in
such hearings shall remain confidential information
and shall not be a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the
employee (and his representative) will meet with the
County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto
arbitrator, or a physician, or a rehabilitation specialist,
or some other recognized specialist mutually selected
by the parties. The arbitrator shall hear and review the
evidence. The decision of the Disability Review
Arbitrator shall be binding on both the County and the
employee.
Scope of the Arbitrator's Review.
1 . The arbitrator may affirm, modify or revoke the
leave of absence or suspension.
2. The arbitrator may make his decision based only
on evidence submitted by the County and the
employee.
3. The arbitrator may order back pay or paid sick
leave credits for any period of leave of absence
or suspension if the leave or suspension is found
not to be sustainable, subject to the employee's
AFSCME Local 512 -81- 1995-1999 MOU
duty to mitigate damages.
4. The arbitrator's fees and expenses shall be paid
one-half by the County and one-half by the
employee or employee's association.
M. It is understood that the benefits specified in Sections
14 and 17 shall be coordinated with the rehabilitation
program as determined by the labor-management
committee.
14.6 Accrual Durina Leave Without Pay. No
employee who has been granted a leave without pay or an
unpaid military leave shall accrue any sick leave credits
during the time of such leave nor shall an employee who is
absent without pay accrue sick leave credits during the
absence.
14.7 Intearation of SDI Benefits with the County
T
Sick Leave B n fi Program. Employees eligible for
State Disability Insurance benefits and sick leave benefits
for any portion of disability shall be required to make
application for both benefits. The State Disability
Insurance benefits shall be returned to the County to be
credited to the employees sick leave balance on the
following basis:
A. Integration with State Disability Insurance is automatic
and cannot be waived.
AFSCME Local 512 -82- 1995-1999 MOU
B. The amount credited to the employees sick leave
balance shall be converted to sick leave hours by
dividing the amount received from State Disability
Insurance by the employee's straight-time hourly rate,
at the time of payment, as determined by the
appropriate salary schedule for the employee's class
of employment.
C. If the employee is eligible for State Disability
Insurance benefits, application must be made and the
benefits returned to the County for sick leave credits
so that the principle of integration is completed.
D. In the event an employee is not eligible for sick leave
credits from the County, there will be no integration
and the employee shall not return State Disability
Insurance benefits to the County.
E. In the event an employee receives sick leave benefits
for a portion of the disability period, State Disability
Insurance benefits must be utilized to restore only
those sick leave hours used during the period of
disability.
F. Restoration of sick leave balances shall be rounded to
the nearest one-half (1/2) hour.
G. In no instance will an employee be allowed to
purchase sick leave not accrued.
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H. The County will provide separate accounting for the
purchased sick leave to insure that State Disability
Insurance benefits are not taxable.
14.8 Disability Insurance Review Committee. The
County shall continue the Disability Insurance Review
Committee consisting of one (1 ) representative from each
employee organization and four (4) management
representatives to review and recommend to the Director
of Human Resources the feasibility of implementing a self-
funded and self-administered disability insurance program.
14.9 Employee Annual Health Examination.
Employees of the County who work in a Health Services
Department facility will annually be required to complete a
Health Questionnaire and take a Tuberculosis Skin Test.
A chest X-ray will be required if the employee has
previously had a positive reaction to a tuberculosis skin
test. However, employees will not be required to take X-
ray exams in excess of what is required by applicable
Federal and State laws.
Employees will also be requested to be screened for
Rubella immunity. If the result of the Rubella test is
negative, the appointing authority or designee will
recommend that the employee become immunized. If the
employee has direct patient contact and refuses to
become immunized, said employee will be relocated to an
indirect patient contact area.
AFSCME Local 512 -84- 1995-1999 MOU
14.10 Confidentiality jof 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).
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. Effective April 1 , 1994, the
County Human Resources Department will begin operation
of a Catastrophic Leave Bank which is designed to assist
any County employee who has exhausted all paid accruals
due to a serious or catastrophic illness, injury, or condition
Jof the employee or family member. The program
establishes and maintains a Countywide bank wherein any
employee who wishes to contribute may authorize that a
portion of his/her accrued vacation, compensatory time,
holiday compensatory time or floating holiday be deducted
from those account(s) and credited to the Catastrophic
Leave Bank. Upon approval, credits from the Catastrophic
Leave Bank may be transferred to a requesting
employee's sick leave account so that employee may
remain in paid status for a longer period of time, thus
partially ameliorating the financial impact of the illness,
injury, or condition.
Catastrophic illness or injury is defined as a critical
medical condition, a long-term major physical impairment
or disability which manifests itself during employment.
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15.2 Operation. The plan will be administered under
the direction of the Personnel Director. The Human
Resources Department will be responsible for receiving
and recording all donations of accruals and for initiating
transfer of credits from the Bank to the recipient's sick
leave account. Disbursement of accruals will be subject to
the approval of a six (6) member committee composed of
three (3) members appointed by the County Administrator
and three (3) members appointed by the majority
representative employee organizations. The committee
shall meet as necessary to consider all requests for credits
and shall make determinations as to the appropriateness
of the request and the amount of accruals to be awarded.
Consideration of all requests by the committee will be on
an anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to a
recipient will be in the form of sick leave accruals and shall
be treated as regular sick leave accruals.
To receive credits under this plan, an employee must have
permanent status, must have exhausted all time off
accruals to a level below eight (8) hours total, have applied
for a medical leave of absence and have medical
verification of need.
Donations are irrevocable and may be made in minimum
blocks of eight (8) hours per donations from balances in
the vacation, holiday, floating holiday, compensatory time,
AFSCME Local 512 -86- 1995-1999 MOU
or holiday compensatory time accounts.
Time donated will be converted to a dollar value and the
dollar value will be converted back to sick leave accruals
at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All
computations will be on a standard one hundred seventy
three and thirty three hundredths (173.33) basis, except
that employees on other than a forty (40) hour week will
have hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty
(1040) hours or its equivalent per catastrophic event; each
donor will be limited to one hundred twenty (120) hours
per calendar year.
No element of this plan is grievable. All appeals from
either a donor or recipient will be resolved on a final basis
by the Director of Human Resources. This Catastrophic
Leave Bank program is adopted on a twelve (12) month
pilot program ending April 1 , 1995. Its continuation will be
subject to consideration of administrative ease of
operation, cost and acceptance by employees.
No employee will have any entitlement to catastrophic
leave benefits. The award of Catastroph - Leave will be at
the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awarded benefits.
Benefits may be denied, or awarded for less than six (6)
AFSCME Local 512 -87- 1995-1999 MOU
months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose
from among eligible applicants, on an anonymous basis,
those who will receive benefits.
Any unused hours transferred to a recipient will be
returned to the Catastrophic Leave Bank.
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
Effective July 1 , 1994, the County will begin a six-month
pilot program for employees eligible for State Disability
benefits. At the end of the six (6) month pilot program, the
County will meet and confer to evaluate whether the plan
will be continued. Employees eligible for SDI benefits will
be required to make application for SDI benefits and to
have those benefits integrated with the use of their sick
leave accruals on the following basis:
16.1 General Provisions. The California SDI
program provides disability benefits beginning on the
eighth (8) calendar day of a qualifying disability unless the
employee is hospitalized. Upon hospitalization, benefits
can be payable from the first day of the disability. If the
disability exceeds fourteen (14) calendar days, benefits
can be payable from the first day of the disability. The
maximum period of State disability payments is up to one
(1 ) year. Determination of SDI payments and eligibility to
AFSCME Local 512 -88- 1995-1999 MOU
receive payments is at th`e sole 'discretion of the. State of
California.
Integration means that employees will be required to use
sick leave accruals to supplement the difference between
the amount of the SDI payment and the employee's base
monthly salary. Integration of sick leave with the SDI
benefit is automatic and cannot be waived. Integration
applies to all SDI benefits paid. For employees off on SDI,
the department will make appropriate integration
adjustments, including retroactive adjustments if
necessary. Employees must inform their department of
hospitalization in a timely manner in order for the
department to make appropriate integration adjustments.
State Disability benefit payments will be sent directly to the
employees at their home address by the State of
California.
When there are insufficient sick leave accruals available to
fully supplement the difference between the SDI payment
and the employee's base monthly salary, accruals other
than sick leave may be used. These accruals may be
used only to the extent that total payments do not exceed
the employee's base monthly salary.
16.2 Procedures. Employees with more than 1 .2
hours of sick leave accruals at the beginning of the
disability integration period must integrate their sick leave
AFSCME Local 512 -89- 1995-1999 MOU
accrual usage with their SDI benefit to the maximum
extent possible.
When employees have 1 .2 hours or less of sick leave
accruals at the beginning of the disability integration
period, the department shall automatically use 0.1 hour of
sick leave per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration
with the SDI benefit terminates. An employee may use
any other accruals without reference to or integration .with
the SDI benefit.
When the SDI benefit is exhausted, sick leave integration
terminates. Then the employee may use sick leave or
other accruals.
Employees with no sick leave balance at the beginning of
the disability integration period may use any other accruals
without reference to or integration with the SDI benefit.
Employees whose SDI claims are denied must present a
copy of their claim denial to their department. The
department will then authorize use of unused sick leave
and shall authorize the use of other accruals as
appropriate.
Employees may contact the Human Resources
Department, Benefits Division, for assistance in resolving
AFSCME Local 512 -90- 1995-1999 MOU
problems.
16.3 Method of Intearation. Until an employee has a
balance of 1 .2 hours of sick leave, the employee's sick
leave accrual charges while receiving SDI benefits shall be
calculated each month.
The amount of sick leave charged each employee will be
calculated in the following manner:
The percentage of base monthly salary not covered by the
SDI benefit will be applied to the daily hours in the
employee's schedule and that number of sick leave hours
will be charged against the employee's sick leave
accruals.
For purposes of integration with the SDI program., all full
time employees' schedules will be converted to 8-hour/5-
day weekly . work schedules during the period of
integration.
The formula for full time employees' sick leave integration
charges is shown below:
L = [(S-D) ) S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings
[H = Sx3]
W = Weekly SDI Benefit from State of California SDI
AFSCME Local 512 -91- 1995-1999 MOU
Weekly Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit [D = (W = 7) x C]
L = Sick Leave Charged per Day
Permanent ,part-time, permanent-intermittent employees,
and those full time employees working a light/limited duty
reduced schedule program shall have their sick leave
integration adjusted accordingly.
16.4 Definition. "Base Monthly-Salary" for purposes
of sick leave integration is defined as the salary amount for
the employee's step on the salary schedule for the
employee's permanent classification as shown in the
"Salary" field on the On-Line Payroll Time Reporting
System used by departments for payroll reporting
purposes.
16.5 _Conversion to the New SDI Program. For all
employees receiving SDI benefits prior to July 1 ,- 1994,
conversion to the new SDI program operated by
departmental payroll staff will be coordinated by the
Human Resources Department, Benefits Division.
All employee SDI benefit checks received in the Human
Resources Department "7:nd signed over to the County by
June 30, 1994, will be deposited and used to buy back the
employee's sick leave, with sick leave credits appearing on
the July 10th pay warrants insofar as possible.
AFSCME Local 512 -92- 1995-1999 MOU
All Employee SDI benefit checks received, but not signed
over to the County, by June 30, 1994, will be returned to
the employee. All employee SDI benefit checks received
after June 30, 1994, will be returned to the employee. In
both these situations, no sick leave buy back will be made,
regardless of the calendar period to which the benefit
checks pertain. Program transfer to departmental payroll
staff will be effective July 1 , 1994 for the month of July with
the first computation of SDI benefits and integration with
sick leave under the new program made on the August 10,
1994 pay warrants covering the July 1994 payroll period.
SECTION 17 - WORKERS' COMPENSATION
A permanent non-safety employee shall receive eighty-
seven percent (87%) of regular monthly salary for all
accepted claims filed with the County on or after January
1 , 1997.
A. Employees who leave work as a result of an on-the-
job injury will have the balance of that day charged to
sick leave and/or vacation accruals. This will be
considered as the last day worked for purposes of
determining Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last
day worked constitutes a waiting period before
Workers' Compensation starts. The time the
AFSCME Local 512 -93- 1995-1999 MOU
employee is scheduled to work during this waiting
period will be charged to the employee's sick leave
and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be under
the care of a physician. Temporary compensation is
payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the
disability exceeds fourteen (14) days.
A permanent employee shall continue to receive
applicable regular salary during any period of
compensable temporary disability absence in
accordance with Section 5 of the January 28, 1992
Letter of Agreement between the County and the
Health Care Coalition. "Compensable temporary
disability- absence" for the purpose of this section, is
any absence due to work connected disability which
qualifies for temporary disability compensation under
Workers' Compensation Law set forth in Division 4 of
the California Labor Code. When any disability
becomes permanent, the salary provided in this
section shall terminate. The employee shall return to
the County all temporary disability payments received
by him from any County funded wage replacement
program. No charge shall be made against sick leave
or vacation for these salary payments. Sick leave and
vacation rights shall not accrue for those periods
during which salary payments are made.
AFSCME Local 512 -94- 1995-1999 MOU
The County contribution to ' the employees group
medical plan shall continue during any period of
compensable temporary disability absence.
The maximum period for the described salary
continuation for any one injury or illness shall be one
year from the date of temporary disability.
C. Continuing pay begins at the same time that
temporary Workers' Compensation starts and
continues until the temporary disability ends, the
employee separates from County Service or dies, or
until one (1 ) year has expired, whichever comes first.
All continuing pay under the Workers' Compensation
Program will be cleared through the County
Administrator's Office, Risk Management Division.
Whenever an employee who has been injured on the
job and has returned to work is required by an
attending physician to leave work for treatment during
working hours the employee shall be allowed time off
up to three (3) hours for such treatment without loss of
pay or benefits. This provision applies only to injuries
that have been accepted by the County as a job
connected injury.
D. Applicable Pay_ Beyond One Year. If an injured
employee remains eligible for temporary disability
beyond one (1 ) year, applicable salary will continue by
AFSCME Local 512 -95- 1995-1999 MOU
integrating sick leave and/or vacation accruals with
Workers' Compensation benefits. If salary integration
is no longer available, Workers' Compensation
benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is
eligible for Workers' Compensation Rehabilitation
Temporary Disability benefits and whose disability is
medically permanent and stationary will continue to
receive applicable salary by integrating sick leave
and/or vacation accruals with Workers' Compensation
Rehabilitation Temporary Disability benefits until those
accruals are exhausted.
Thereafter, the Rehabilitation Temporary Disability
benefits will be paid directly to the employee.
F. Health Insurance. The County contribution to the
employee's group insurance plan(s) continues during
the continuing pay period and during integration of
sick leave or vacation with Workers' Compensation
benefits.
G.- Method of Integration. An employee's sick leave
and/or vacation charges shall be calculated as follows:
C - 8 [1 - (W - S)]
C = Sick leave or vacation charge per day (in hours)
W= Statutory Workers' Compensation for a month
AFSCME Local 512 -96- 1995-1999 MOU
S = Monthly salary '''
SECTION 18 - LEAVE OF ABSENCE
18.1 Leave Without Pay. Any employee who has
permanent status may be granted a leave of absence
without pay upon written request, approved by the
appointing authority; provided, however, that leaves for
pregnancy, pregnancy disability, serious health conditions,
and family care shall be granted in accordance with
applicable State and Federal law.
18.2 General Administration - Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when
it is desired to begin the leave, and the probable date of
return.
A. Leave without pay may be granted for any of the
following reasons:
1 . Illness, disability, or serious health condition;
2. pregnancy or pregnCancy disability;
3. family care;
AFSCME Local 512 -97- 1995-1999 MOU
4. to take a course of study such as will increase the
employee's usefulness on return to the position;
5. for other reasons or circumstances acceptable to
the appointing authority.
B. An employee must request family care leave at least
thirty (30) days before the leave is to begin if the need
for the leave is foreseeable. if the need is not
foreseeable, the employee must provide written notice
to the employer within five (5) days of learning of the
event by which the need for family care leave arises.
C. A leave without pay may be for a period not to exceed
one (1 ) year, provided the appointing authority may
extend such. leave for additional periods. The
procedure in granting extensions shall. be the same as
that in granting the original leave, provided that the
request for extension must be made not later than
thirty (30) calendar days before the expiration of the
original leave.
D. Nevertheless, a leave of absence for the employee's
serious health condition or for family care shall be
granted to an employee who so requests it for up to
eighteen (18) weeks in each calendar year period in
accordance with Section 18.5 below.
AFSCME Local 512 -98- 1995-1999 MOU
E. Whenever an employee who has been granted a
leave without pay desires to return before the
expiration of such leave, the employee shall submit a
request to the appointing authority in writing at least
fifteen (15) days in advance of the proposed return.
Early return is subject to prior approval by the
appointing authority. The Human Resources
Department shall be notified promptly of such return.
F. Except in the case of leave of absence due to family
care, pregnancy, pregnancy disability, illness,
disability, or serious health condition, the decision of
the appointing authority on granting or denying leave
or early return from leave shall be subject to appeal to
the Human Resources Director and not subject to
appeal through the grievance procedure set forth in
this MOU.
18.3 Furlough Days Without Pay. Subject to the
prior written approval of the appointing authority,
employees may elect to take furlough days or hours
without pay (pre-authorized absence without pay), up to a
maximum of fifteen (15) calendar days for any one period.
Longer pre-authorized absences without pay are
considered leaves of absence without pay. Employees
who take furlough time shall have their compensation `or
the portion of the month worked computed in accord with
Section 5.8 (Compensation for Portion of Month) of this
MOU. Full time and part-time employees who take
AFSCME Local 512 -99- 1995-1999 MOU
furlough time shall have their vacation, sick leave, floating
holiday, and any other payroll computed accruals
computed as though they had worked the furlough time.
When computing vacation sick leave, floating holiday, and
other accrual credits for employees taking furlough time,
this provision shall supersede Section 13.4, 14.2, 14.6,
and 18.1 of this MOU regarding the computation of
vacation, sick leave, floating holiday, and other accrual
credits as regards furlough time only. For payroll
purposes, furlough time (absence without pay with prior
authorization of the appointing authority) shall be reported
separately from other absences without pay to the Auditor-
Controller. The existing Voluntary Time Off program shall
be continued for the life of the contract.
18.4 Military Leave. Any employee who is 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
AFSCME Local 512 -100- 1995-1999 MOu
loss of standing of any'kind whatsoever..
An employee who has been granted a military leave shall
not, by reason of such absence, suffer any loss of
vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee
be prejudiced thereby with reference to salary adjustments
or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in
case of layoff or promotional examination, time on military
leave shall be considered as time in County service.
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidence of
performance of military service or of honorable discharge
as the Director of Human Resources may deem
necessary.
18.5 Family Care Leave or Medical Leave. Upon
request to the appointing authority, in each calendar year
any employee who has permanent status shall be entitled
to at least eighteen (18) weeks leave (less if so requested
by the employee) for:
A. medical leave of absence for the employee's own
serious health condition which makes the employee
unable to perform the functions of the employee's
position; or
AFSCME Local 512 -101- 1995-1999 MOU
B. family care leave of absence without pay for reason of
the birth of a child of the employee, the placement of a
child with an employee in connection with the adoption
or foster care of the child by the employee, or the
serious illness or health condition of a child, parent,
spouse, or domestic partner of the employee.
18.6 Certification. The employee may be asked to
provide certification of the need for family care leave or
medical leave. Additional period(s) of family care or
medical leave may be granted by the appointing authority.
18.7 Intermittent Use of Leave. The eighteen (18)
week entitlement may be in broken periods, intermittently
on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances
and situations surrounding the request for leave. The
eighteen (18) weeks may include use of appropriate
available paid leave accruals when accruals are used to
maintain pay status, but use of such accruals is not
required beyond that specified in Section . 18. 12 below.
When paid leave accruals are used for a medical or family
care leave, such time shall be counted as a part of the
eighteen (18) week entitlement.
18.8 Acareaate Use for Spouse. In the situation
where husband and wife are both employed by the
County, the family care of medical leave entitlement based
on the birth, adoption or foster care of a child is limited to
AFSCME Local 512 -102- 1995-1999 MOU
an aggregate for both employees together of eighteen (18)
weeks during each calendar year period. Employees
requesting family care leave are required to advise their
appointing authority(ies) when their spouse is also
employed by the County.
18.9 Definitions. For medical and family care leaves
of absence under this section, the following definitions
apply:
A. Child: A biological, adopted, or foster child, stepchild,
legal ward, conservatee or a child who is under
eighteen (18) years of age for whom an employee
stands in loco parentis or for whom the employee is
the guardian or conservator, or an adult dependent
child of the employee.
B. Parent: A biological, foster, or adoptive parent, a
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
C. Souse: A partner in marriage as defined in California
Civil Code Section 4100.
D. Domestic Partner: An unmarried person, eighteen
(18) years or older, to whom the employee is not
related and with whom the employee resides and
shares the common necessities of life.
AFSCME Local 512 -103- 1995-1999 MOU
E. Serious - Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or
continuing treatment or continuing supervision by a
health care provider (e.g. physician or surgeon) as
defined by State and Federal law.
F. Certification for Familv Care Leave: A written
communication to the employer from a health care
provider of a person for whose care the leave is being
taken which need not identify the serious health
condition involved, but shall contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the
employee needs to render care or supervision;
4. a statement that the serious health condition
warrants the participation of a family member to
provide care during period of treatment or
supervision;
AFSCME Local 512 -104- 1995-1999 MOU
5. if for intermittent leave or a reduced work
schedule leave, the certification should indicate
that the intermittent leave or reduced leave
schedule is necessary for the care of the
individual or will assist in their recovery, and its
expected duration.
G. Certification Jor Medical Leave: A written
communication from a health care provider of an
employee with a serious health condition or illness to
the employer, which need not identify the serious
health condition involved, but shall contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to
perform the functions of the employee's job;
4. if for intermittent leave or a reduced work
schedule leave, the certification should indicate
the medical necessity for the intermittent leave or
reduced leave schedule and its expected
.duration.
H. Comparable Positions: A position with the same or
similar duties and pay which can be performed at the
same or similar geographic location as the position
AFSCME Local 512 -105- 1995-1999 MOU
held prior to the leave. Ordinarily, the job assignment
will be the same duties in the same program area
located in the same city, although specific clients,
caseload, co-workers, supervisor(s), or other staffing
may have changed during an employee's leave.
18.9 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 14.3.D
(Sick Leave Utilization for Pregnancy Disability), that time
will not be considered a part of the eighteen (18) week
family care leave period.
18.10 Group Health Plan Coverage. Employees who
were members of one of the group health plans prior to
commencement of their leave of absence can maintain
their health plan coverage with the County contribution by
maintaining their employment in pay status as described in
Section 18. 12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 16.6
above, the County will continue its contribution for such
health plan coverage even if accruals are not available for
use to maintain pay status as required under Section
18.12. In order to maintain such coverage, employees are
required to pay timely the full employee contribution to
maintain their group health plan coverage, either through
payroll deduction or by paying the County directly.
AFSCME Local 512 -106- 1995-1999 MOU
h
18.11 Leave Without Pav - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12)
month period of any leave of absence without pay, an
employee may elect to maintain pay status each
month by using available sick leave (if so entitled
under Section 14.3 - Policies Governing the Use of
Paid Sick Leave), vacation, floating holiday,
compensatory time off or other accruals or
entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may be
"broken" into segments and accruals used on a
monthly basis at the employee's discretion. After the
first twelve (12) months, the leave period may not be
"broken" into segments and accruals may not be
used, except when required by LTD Benefit
Coordination or SDI/Sick Leave Integration under
Section 16 or as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen
(18) weeks of an approved medical , or family care
leave, if a portion of that leave will be on a leave of
absence without pay, the employee will be required to
use at least 0.1 hour of sick leave (if so entitled under
Section 14.3 - Policies Governing the Use of Paid Sick
Leave), vacation floating holiday, compensatory time
off or other accruals or entitlements if such are
available, although use of additional accruals is
permitted under subsection A. above.
AFSCME Local 512 -107- 1995-1999 MOU
C. Leave of Absence/Lona Term Disability(LTD) Benefit
Coordination. An eligible employee who files an LTD
claim and concurrently takes a leave of absence
without pay will be required to use accruals as
provided in Section B herein during the eighteen (18)
week entitlement period of a medical leave specified
above. If an eligible employee continues beyond the
eighteen (18) weeks entitlement period on a
concurrent leave of absence/LTD claim, the employee
may choose to maintain further pay status only as
allowed under subsection A. herein.
D. Sick leave accruals may not be used during any leave
of absence, except as allowed under Section 14.3 -
Policies Governing the Use of Paid Sick Leave.
18.13 Leave of Absence Replacement and
Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in
the same department at the time the employee was
granted a leave of absence, shall be reinstated to a
position in that classification and department and then only
on the basis of seniority. In case of severance from
service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 (Seniority,
Workforce Reduction, Layoff, & Reassignment Seniority)
shall apply.
AFSCME Local 512 -108- 1995-1999 MOU
18.14 Leave of Absence Return. In the Social Service
Department an employee shall have the right to return to
the same class, building, and assignment (position control
number) if the return to work is within eighty-nine (89) con-
secutive days from the initial date the employee started
leave of absence. At such time the leave of absence is
approved by the Appointing Authority, the Social Service
Department shall notify the employee of the final date by
which he/she shall return to be assigned to the same
position control number.
18.15 Reinstatement From Family Care Medical
Leave. In the case of a family care or medical leave, an
employee on a 5/40 schedule shall be reinstated to the
same or comparable position if the .return to work is after
no more than ninety (90) work days of leave from the initial
date of a continuous leave, including use of accruals, or
within the equivalent on an alternate work schedule. A full
time employee taking an intermittent or reduced work
schedule leave shall be reinstated to the same or
comparable position if the return to work on a full schedule
is after no more than seven hundred twenty (720) hours,
including use of accruals, of intermittent or reduced
schedule leave. At the time the original leave is approved,
the appointing authority shall notify the employee in writing
of the final date to retv,#-n to work, or the m1aximum number
of hours of leave, in order to guarantee reinstatement to
the same or comparable position. An employee on a
schedule other than 5/40 shall have the time frame for
AFSCME Local 512 -109- 1995-1999 MOU
reinstatement to the same or comparable position adjusted
on a pro rata basis.
18.16 Salary Review While on Leave of Absence.
The salary of an employee who is on leave of absence
from a County position on any anniversary date and who
has not been absent from the position on leave without
pay more than six (6) months during the preceding year,
shall be reviewed on the anniversary date. Employees on
military leave shall receive salary increments that may
accrue to them during the period of military leave.
18.17 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty after
a leave request has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration of
a leave, shall be without pay. Such absence may also be
grounds for disciplinary action.
18.18 Non-Exclusivity. Other MOU language on this
subject, not in conflict, shall remain in effect.
SECTION 19 - JURY DUTY AND WITNESS DUTY
19.1 Jury Duty. For purposes of this Section, jury
duty shall be defined as any time an employee is obligated
to report to the court.
AFSCME Local 512 -110- 1995-1999 MOU
iy Com.;
1 . When called for jury ," duty, ' County employees, like
other citizens, are expected to discharge their jury
duty responsibilities.
2. Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
3. If summoned for jury duty in a Municipal, Superior, or
Federal Court, or a Coroners jury, employees may
remain in their regular County pay status, or they may
take paid leave (vacation, floating holiday, etc.) or
leave without pay and retain all fees and expenses
paid to them.
4. When an employee is summoned for jury duty
selection or is selected as a juror in a Municipal,
Superior or Federal Court, employees may remain in a
regular pay status if they waive all fees (other than
mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular pay
status and waive or surrender all fees (other than
mileage), the employee shall obtain from the
Clerk or Jury Commissioner a certificate
indicating the days attended and noting that fees
other than mileage are waived or surrendered.
The employee shall furnish the certificate to his
department where it will be retained as a
AFSCME Local 512 -111- 1995-1999 MOU
department record. No "Absence/Overtime
Record" is required.
b. An employee who elects to retain all fees must
take leave (vacation, floating holiday, etc.) or
leave without pay. No court certificate is required
but an "Absence/Overtime Record" must be
submitted to the department payroll clerk.
5. Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that would
affect their ability to properly serve as jurors.
6. An employee on short notice standby to report to
court, whose job duties make short notice response
impossible or impractical, shall be given alternate
work assignments for those days to enable them to
respond to the court on short notice.
7. When an employee is required to serve on jury duty,
the County will adjust that employee's work schedule
to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee
requests otherwise. Participants in 9/80 or 4/10 work
schedules will not receive overtime or compensatory
time credit for jury duty on their scheduled days off.
8. Permanent-intermittent employees are entitled to paid
AFSCME Local 512 -112- 1995-1999 MOu
q^:r.
jury duty leave only'for those -days on which they were
previously scheduled to work.
19.2 Witness Duty. Employees called upon as a
witness or an expert witness in a case arising in the
course of their work or the work of another department
may remain in their regular pay status and turn over to the
County all fees and expenses paid to them, other than
mileage allowance, or they may take vacation leave or
leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases
or personal matters (e.g., accident suits and family
relations) shall take vacation leave or leave without pay
and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty as set forth in Section 19.1
of this MOU. Employees shall advise their department as
soon as possible if scheduled to appear for witness duty.
Permanent-intermittent employees are entitled to paid
witness duty only for those days on which they were
previously scheduled to work.
SECTION 20 - HEALTH AND WELFARE, LIFE AND
DENTAL CARE
20.1 County Programs.. The County will continue the
AFSCME Local 512 -113- 1995-1999 MOU
existing County Group Health Plan program of medical,
dental and life insurance coverage through Delta Dental
Plan, Safeguard Dental Plan, Aetna Life Insurance and the
medical insurance options of Kaiser-Permanente
Foundation Health Plan, and the Contra Costa County
Health Plan (CCHP) to all permanent employees regularly
scheduled to work twenty (20) or more hours per week.
Effective February 1 , 1994 the QualMed Health Plan will
be added. During the term of this MOU, all conditions and
agreements regarding health, dental and related benefits
contained in the January 13, 1994 Agreement (attached as
Exhibit B) between the County and the Labor Coalition
shall be in effect.
20.2 Rate Information. The County Benefits Division
will make health and dental plan rate information available
upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to
employees and departments information about rate
changes as they occur during the year.
20.4 Medicare Rates. Corresponding Medicare rates
for employees covered under this MOU shall be as
follows: for Employee Only on Medicare by taking the
Employee Only rate for the option selected and subtracting
the !monthly Part B Medicate premium withheld from Social
Security payments for one enrollee; for Employee and
Dependent(s) with one member on Medicare by taking the
Employee and Dependent(s) rate for the option selected
AFSCME Local 512 -114- 1995-1999 MOU
and subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one enrollee;
for Employee and Dependent(s) with two members on
Medicare by taking the Employee and Dependent(s) rate
for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments
for two enrollees.
20.5 Partial Month. The County's contribution to the
Health Plan premium is payable for any month in which
the employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the
premium, the employee must make up the difference by
remitting the amount delinquent to the Auditor-Controller.
The responsibility for this payment rests with the
employee. If payment is not made, the employee shall be
dropped from the health plan. An employee is thus
covered by the health plan for the month in which
compensation is paid.
20.6 Coverage During Absences. An employee on
approved leave shall be allowed to continue his/her health
plan coverage at the County group rate for twelve (12)
months provided that the employee shall pay the entire
premium for the Health Plan during said leave.
An employee on leave in excess of twelve (12) months
may continue health plan coverage by converting to an
individual health plan option (if available) or continuing
AFSCME Local 512 -115- 1995-1999 MOU
group coverage subject to the provisions of the
Consolidated Omnibus Budget Reduction Act (COBRA)
provided the employee pays the entire cost of coverage,
plus any administrative fees, for the option selected. The
entire cost of coverage shall be paid at a time and place
specified by the County. Late payment shall result in
cancellation of Health Flan coverage with no reinstatement
allowed.
An employee who terminates County employment may
convert to individual health plan coverage, if available, or
may continue County group health plan coverage to the
extent provided under COBRA by making premium
payments to the County at a time and place specified by
the County.
20.7 Retirement Coverage. Upon retirement,
employees may remain in the same County group medical
plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if
on authorized leave of absence without pay they have
retained individual conversion membership from the
County plan.
20.8 Dual Coverage. If a husband and wife both work
for the County and one of them is laid off, the remaining
eligible shall be allowed to enroll or transfer into the health
coverage combination of his/her choice.
AFSCME Local 512 -116- 1995-1999 MOU
An eligible employee who is no longer covered for medical
or dental coverage through a spouse's coverage shall be
allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's
plan.
20.9 Health Care S endina 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 saving 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 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.
20.10 PERS Long Term Care. The County proposed 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.
AFSCME Local 512 -117- 1995-1999 MOU
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).
20.11 Deferred Retirement Effective two (2) 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 twenty four (24)
AFSCME Local 512 -118- 1995-1999 MOU
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 thirty (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
AFSCME Local 512 -119- 1995-1999 MOIL
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 (3) 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
twenty-four (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.
SECTION 21 - PROBATIONARY PERIOD
21 .1 Duration. All appointments from officially
promulgated employment lists for original entrance or
promotion shall be subject to a probationary period. This
period shall be from six (6) months to two (2) years
duration.
AFSCME Local 512 -120- 1995-1999 MOU
21 .2 Probation Periods Over Six Months. Classes
represented by the Union which have probation periods in
excess of six (6) months: None.
21 .3 Revised Probation Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be
subject to the revised probationary period.
21 .4 Criteria. The probationary period shall date from
the time of appointment to a permanent position after
certification from an eligible list. It shall not include time
served under provisional appointment or under
appointment to limited term positions or any period of
continuous leave of absence without pay or period of work
connected disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent
positions with a six (6) months probation period, probation
will be considered completed upon serving one thousand
(1 ,000) hours after appointment except that in no instance
will this period be less than six (6) calendar months from
the beginning of probation. If a permanent-intermittent
probationary employee is reassigned to full time, credit
toward probation completion in the full time position shall
be prorated on the basis of one hundred seventy-three
(173) hours per month.
21 .5 Rejection During Probation. An employee who
AFSCME Local 512 -121- 1995-1999 MOU
rejected during the probation period and .restored to the
Bible list shall begin a new probationary period if
bsequently certified and appointed.
Appeal from reoection. Notwithstanding any other
provisions of this section, an employee (probationer)
shall have the right to appeal from any rejection
during the probationary period based on political, or
religious or Union activities, or race, color, national
origin, sex, age, disability or sexual orientation.
The appeal must be written, must be signed by the
employee and set forth in the grounds and facts by
which it is claimed that grounds for appeal exist under
Subsection A and must be filed through the Director of
Human Resources to the Merit Board by 5:00 p.m. on
the seventh (7th) calendar day after, the date of
delivery to the employee of notice of rejection.
The Merit Board shall consider the appeal, and if it
finds probable cause to believe that the rejection may
have been based on grounds prohibited in Subsection
A, it may refer the matter to a Hearing Officer for
hearing, recommended findings of fact, conclusions of
law and decision, pursuant to the relevant provisions
of the Merit Board rules in which proceedings the
rejected probationer has the burden of proof.
'SCME Local 512 -122- 1995-1999 MOU
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after hearing, the
Merit Board upholds the appeal, it shall direct that the
appellant be reinstated in the position and the
appellant shall begin a new probationary period unless
the Merit Board specifically reinstates the former
period.
21 .6 Regular Appointment. The regular appointment
of a probationary employee shall begin on the day
following the end of the probationary period, subject to the
condition that the Director of Human Resources receives
from the appointing authority a statement in writing that the
services of the employee during the probationary period
were satisfactory and that the employee is recommended
for permanent appointment. A probationary employee may
be rejected at any time during the probation period without
regard to the Skelly provisions of this MOU, without notice
and without right of appeal or hearing except as provided
in Section 21 .5.A. If the appointing authority has not
returned the probation report, a probationary employee
may be rejected from service within a reasonable time
after the probation period for failure to pass probation. The
appointing authority shall attempt to give a probationary
employee five (5) days notice of said rejection. If the
appointing authority fails to submit in a timely manner the
proper written documents certifying that a probationary
employee has served in a satisfactory manner and later
acknowledges it was his or her intention to do so, the
AFSCME Local 512 -123- 1995-1999 MOU
regular appointment shall. begin on the day following the
end of the probationary period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee had
been promoted or transferred from an eligible list, shall be
restored to a position in the department from which the
employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons
within six (6) months after being promoted or transferred
from a position in the Merit System to a position not
included in the Merit System shall be restored to a position
in the classification in the department from which the
employee was promoted or transferred.
A probationary employee who has been rejected or has
resigned during probation shall not be restored to the
eligible list from which the employee was certified unless
the employee receives the affirmative recommendation
from the appointing authority and is certified by the Human
Resources Director whose decision is final. The Director of
Human Resources shall not certify the name of a person
restored to the eligible list to the same appointing authority
by whom the person was rejected from the same eligible
list, unless such certification is requested in writing by the
appointing authority.
AFSCME Local 512 -124- 1995-1999 MOU
21 .7 Layoff During Probation. An employee who is
laid Off during probation, if reemployed in the same class
by the same department, shall be required to complete
only the balance of the required probation.
.A
If reemployed in another department or in another
classification, the employee shall serve a full probationary
period. An employee appointed to a permanent position
from a layoff or reemployment list is subject to a probation
period if the position is in a department other than the
department from which the employee separated,
displ&ed, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not
subject to a probation period if the position is in the
department from which the employee separated, displaced
or voluntarily demoted in lieu of layoff.
21 .8 Resection Durina Probation of Lavoff
Em l!Qyee. An employee who has achieved permanent
statin in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the
probation period shall be automatically restored to the
layoff list, unless discharged for cause, if the person is
within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and
appointed in a different department or classification than
that from which the employee was laid off.
AFSCME Local 512 -125- 1995-1999 MOU
5
-ECTION 22 - PROMOTION
2.1 Competitive Examination. Promotion shall be
y competitive examination unless otherwise provided in
lis MOU.
2.2 Promotion PolicX. The Director of Human
resources, upon request of an appointing authority, shall
etermine whether an examination is to be called on a
romotional basis.
2.3 Open Exams. If an examination for one of the
lasses represented by the Union is proposed to be
nnounced on an open only basis, the Director of Human
resources shall give five (5) days prior notice of such
roposed announcement and shall meet at the request of
ie Union to discuss the reasons for such open
nnouncement.
2.4 Promotion Via Reclassification Without
xamination. Notwithstanding other provisions of this
,ection, an employee may be promoted from one
lassification to a higher classification and his/her position
:classified at the request of the appointing authority and
nder the following conditions:
An evaluation of the position(s) in question must show
that the duties and responsibilities have significantly
increased and constitute a higher level of work.
,FSCME Local 512 -126- 1995-1999 MOU
B. The incumbent of the position must have performed 'at
the higher level for one (1 ) year.
r
C. The incumbent must meet the minimum education and
experience requirements for the higher class. .
D. The action must have approval of the Human
Resources Director.
E. The Union approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
22.5 Requirements for Promotional Standing. In
order to qualify for an examination called on a promotional
basis, an employee must have probationary or permanent
status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing date. If an employee who is
qualified on a promotional employment list is separated
from the merit system, except by layoff, the employee's
name shall be removed from the promotional list.
22.6 Seniority Credits. Employees who have
qualified to take promotional examinations and who have
earned a total score, not including seniority credits, of
seventy (70) percent or more, shall receive, in addition to
AFSCME Local 512 -127- 1995-1999 MOU
all other credits, five one hundredths of one (.05) percent
for each completed month of service as a permanent
County employee continuously preceding the final date for
filing application for said examination. For purposes of
seniority credits, leaves of absence shall be considered as
service. Seniority credits shall be included in the final
percentage score fromwhich the rank on the promotional
list is determined. No employee, however, shall receive
more than a total of five percent (5%) credit for seniority in
any promotional examination.
22.7 Denial Review. If the department denies an
employee's request for reclassification, upon request of
the Union, the denial will be reviewed by the Human
Resources Director and appointing authority and the
reasons for denial given to the Union in writing.
22.8 Release Time For Examinations. Permanent
employees shall be granted release time from work
without loss of pay to take County promotional
examinations or take interviews for a County promotional
position provided the employee gives the Department
sufficient notice of the need for time off.
SECTION 23 - TRANSFER
23.1 Transfer Conditions. The following conditions
are required in order to qualify for transfer:
AFSCME Local 512 -128- 1995-1999 MOU
A. The position shall be in the same class, or if in a
different class shall have been determined by the
director of Human Resources to be appropriate for
trbnsfer on the basis of minimum qualifications and
gtjalifying procedure;
B. Me employee shall' have permanent status in the merit
sjstem and shall be in good standing;
C. the appointing authority or authorities involved in the
transaction shall have indicated their agreement in
v4iting;
D. tt'je employee concerned shall have indicated
agreement to the change in writing;
E. the Director of Human Resources shall have approved
the change.
Notwithstanding the foregoing, transfer may. also be
accomplished through the regular appointment procedure
provided that the individual desiring transfer has eligibility
on a ) list for a class for which appointment is being
considered.
23.2 Transfer PolicX. Any employee or appointing
authokity who desires to initiate a transfer may inform the
Director of Human Resources in writing of such desire
stating the reasons therefor. The Director of Human
AFSCME Local 512 -129- 1995-1999 MOIL
Resources shall 'if he or .she considers that the reasons
are adequate and that the transfer will be for the good of
the County service and the parties involved, inform the
appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in
accomplishing the transfer.
23.3. Transfer Procedure. The County will provide the
Union with a list of administrative/personnel officers of
each County department. It is the_ responsibility of
employees to contact County .departments and inform
them of their desire to transfer. Employees who transfer
from one department to another shall serve a three (3)
month probationary period. Provisions of this section do
not apply to transfers from eligible lists.
The Human Resources Director will send a list of
employees interested in a transfer to all departments with
each certification (referral) from an employment list for a
vacant position. The appointing authority may contact the
employees interest in a transfer and may choose to
interview them in relation to the vacancy. The decision of
the appointing authority is final. Upon receipt of the proper
documents and in accordance with Sections 23.1 and
23.2, employees will be eligible for transfer upon receipt of
approval of the Director of Human Resources. Nothing in
this section limits the ability of individuals to express their
interest in a transfer without having first made a transfer
application or restricts an appointing authority from making
AFSCME Local 512 -130- 1995-1999 MOU
a transfer appointment of such an individual.,
The County and the Union agree to meet six (6) months
following the adoption of this agreement by the Board of
Supervisors to review the modification made to Sections
23.2 and 23.3.
t
23.4 Transfer List. The Human Resources Director
will send to all departments an updated transfer list on a
monthly basis.
23.5 Rea ient of Work Location. Employees
desirous of reassignment to a position :in the same
classification at another work location shall submit a
request for reassignment in writing to the Department
Head. When openings occur in various work locations,
requests for reassignment will be reviewed with
consideration given to various factors including but not
limited to distance. of employee's residence from desired
work location and relative length of service of the
applicants for a particular location. The Depprtment Head
or designated representative shall make the sole
determination as to assignment of personnel, except as
otherwise provided in the supplemental suctions of this
MOU. This provision applies to intradepartmental
reassignments only. In no event shall reassignments be
utilized for disciplinary purposes.
AFSCME Local 512 -131- 1995-1999 MOU
SECTION 24 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the
Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective
date of termination. Oral resignation shall be immediately
confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and
shall indicate the effective date of termination.
24.1 Resianation in Good Standing. A resignation
giving the appointing authority written notice at least two
(2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice)
is a resignation in good standing. .
24.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
A. An employee has been absent from duty for five (5)
consecutive working days without leave, and;
B. Five (5) more consecutive working days have elapsed
without response by the employee after the mailing of
a notice of resignation by the appointing authority to
the employee at the employee's last known address.
AFSCME Local 512 -132- 1995-1999 MOU
24.3 Effective Resianation. A resignation is effective
when delivered or spoken to the appointing authority,
r operative either on that date or another date specified.
24.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing authority.
24.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing authority
may be revoked within seven (7) calendar days after
its expression, by serving written notice on the
Director of Human Resources and a copy on the
appointing authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have believed
that the resignation was coerced, it shall be revoked
and the employee returned to duty effective on the
day following the appointing authority's
acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt
of the notice, the appointing authority acknowledges
that the resignation could have been believed to be
coerced, this question should be handled as an
appeal to the Merit Board. In the alternative, the
AFSCME Local 512 -133- 1995-1999 MOLD
employee may file a written :election with the Director
of Human Resources waiving the employee's right of
appeal to the Merit Board in favor of the employee's
appeal rights under the grievance procedure
contained in Section 26 of the MOU beginning with
Step 3.
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the
employee returned to duty effective on the day
following the decision but without loss of seniority or
pay, subject to the employee's duty to mitigate
damages.
24.6 Eligibility for Reemployment. Within one (1 )
year of resignation in good standing from County service,
a person who has had permanent status which included
satisfactory completion of probation may make application
by letter to the Director of Human Resources for
placement on a reemployment list as follows: the class
from which the person resigned; or any one class of equal
or lesser rank in the occupational series and in which the
person had previously attained permanent status; or for
any class or deep class which has replaced the class in
which the person previously had status, provided that the
person meets the minimum requirements , for the new
class. If the appointing authority of the department from
which the person resigned recommends reemployment,
AFSCME Local 512 -134- 1995-1999 MOU
the Director of -Human Resources shall grant
reemployment privileges to the person. Consideration of
names from a reemployment list is mandatory if the
appointing authority recommended reemployment of the
individual(s) listed but is optional for other appointing
authorities. Names may be removed from reemployment
lists in accordance with the provisions of Section 11 .2.J of
this MOU.
SECTION 25 - DISMISSAL, SUSPENSION,
TEMPORARY REDUCTION IN PAYS AND DEMOTION
25.1 Sufficient Cause for Action. The appointing
authority may dismiss, suspend, temporarily reduce the
pay of, or demote any employee for cause. A temporary
reduction in pay will not exceed five percent (5%) of base
pay for a period of three (3) months. The following are
sufficient causes for such action; the list is indicative rather
than inclusive of restrictions and dismissal, suspension or
demotion may be based on reasons other than those
specifically mentioned:
A. absence without leave,
B. conviction of any criminal act involving moral
turpitude,
AFSCME Local 512 -135- 1995-1999 MOIL
C. conduct tending to bring the merit system into
disrepute,
D. disorderly or immoral conduct,
E. incompetence or inefficiency,
F. insubordination,
G. being at work under the influence of liquor or drugs,
carrying onto the premises liquor or drugs or
consuming or using liquor or drugs during work hours
and/or on County premises,
H. neglect of duty, i.e., non-performance of assigned
responsibilities,
I. negligent or willful damage to public property or waste
of public supplies or equipment,
J. violation of any lawful or reasonable regulation or
order given by a supervisor or Department Head,
K. willful violation of any of the provisions of the merit
system ordinance or Personnel Management
Regulations,
L. material and intentional misrepresentation or
concealment of any fact in connection with obtaining
employment,
AFSCME Local 512 -136- 1995-1999 MOU
M. misappropriation of County funds or property,
N. unreasonable : failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by this MOU,
O. dishonesty or theft;
P. excessive or unexcused absenteeism and/or
tardiness.
Q. sexual harassment, including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning
an individual, or unreasonably interfering with an
individual's work performance, or creating an
intimidating and hostile working environment.
25.2 Skelly Requirements. Notice of Proposed
Action (Skelly Notice). Before taking a disciplinary action
to dismiss, suspend for more than five (5) work days (four
(4) work days for employees on 4/10 work week), reduce
the pay of or demote an employee, the appointing
authority shall cause to be served personally or by certified
mail on the employee, a Notice of Proposed Action, which
shall contain the following:
AFSCME Local 512 -137- 1995-1999 MOU
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions
and grounds upon which the action is based.
C. If it is claimed that 'the employee has violated a rule or
regulation of the County, department or district, a copy
of said rule shall be included with the notice.
D. A statement that the employee may review . and
request copies of materials upon which the proposed
action is based.
E. A statement that the employee has seven (7) calendar
days to respond to the appointing authority either
orally or in writing.
25.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served shall
have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed
action may be taken. Upon request of the employee and
for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response
is not filed within seven (7) days or during any extension,
the right to respond is lost.
25.4 Leave Pending Employee Response. Pending
response to a Notice of Proposed Action within the first
AFSCME Local 512 -138- 1995-1999 MOU
seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the
employee on temporary leave of absence, with pay.
25.5 Length of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered by an
arbitrator, an adjustment board or the Merit Board.
25.6 Procedure on Dismissal, Suspensions
Temporary Reduction in Pay, or Disciplinary
Demotion.
A. In any disciplinary action to dismiss, suspend,
temporarily reduce the pay of, or demote an employee
having permanent status in a position in the merit
system,, after having complied with the Skelly
requirements where applicable, the appointing
authority shall make an order in writing stating
specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension,
reduction in pay, or demotion shall be filed with the
Director of Human Resources, showing by whom and
the date a copy was served upon the employee to be
dismissed, suspended or demoted, either personally
or by certified mail to the employee's last known
mailing address. The order shall be effective either
upon personal service or deposit in the rU. S. Postal
Service.
AFSCME Local 512 -139- 1995-1999 MOIL
C. EmployeeT Appeals from Order. The employee may
appeal an order of dismissal, suspension, temporary
reduction in pay, or demotion either to the Merit Board
or through the procedures of Section 26 - Grievance
Procedure of this MOU provided that such appeal is
filed in writing with the Human Resources Director
within ten (10) calendar days after service of said
order. An employee may not both appeal to the Merit
Board and file a grievance under Section 26 of this
MOU.
25.6 Weingarten Rights. In accordance with
applicable Federal law, an employee is entitled to have a
Union representative present at an investigatory interview
with the employee's supervisor when the employee
reasonably believes that disciplinary action might result. It
is the responsibility of the employee to request the
presence of a Union representative, and when such a
request is made by the employee, the investigatory
interview shall be temporarily recessed for a reasonable
period of time until a Union representative can be present.
SECTION 26 - GRIEVANCE PROCEDURE
26.1 Definition and Procedural Steoss. A grievance
is any dispute which involves the interpretation or applica-
tion of any provision of this MOU excluding, however,
those provisions of this MOU which specifically provide
AFSCME Local 512 -140- 1995-1999 MOU
that the decision of any County official shall be final, the
interpretation or application of those provisions not being
subject to the grievance procedure. The Union may
represent the grievant at any stage of the process.
Grievances must be filed within thirty (30) days of the
incident or occurrence about which the grievant claims to
have a grievance and shall be processed in the following
manner:
Step Any employee or group of employees who
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment shall
discuss the complaint with the grievant's immediate
supervisor, who shall meet with the grievant within five (5)
days of receipt of a written request to hold such meeting.
Step 2 If a grievance is not satisfactorily resolved in Step
1 above, the grievant may submit the grievance in writing
within ten (10) work days to such management official as
the Department Head may designate. This formal written
grievance shall state which provision of the MOU has been
misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's
detriment, and the redress the grievant seeks. A copy of
each written communication on a grievance shall be filed
with the Director of Human Resources. The Department
Head or his or her designee shall have ten (10) work days
in which to respond to the grievance in writing.
AFSCME Local 512 -141- 1995-1999 MOU
Step If a grievance is not satisfactorily resolved in Step
2 above, the grievant may appeal in writing within ten (10)
work days to the Personnel Director. The Human
Resources Director or his or her designee shall have
twenty (20) work days in which to investigate the merit of
the complaint and to meet with the Department Head and
the grievant and attempt to settle the grievance and
respond in writing.
Step No grievance may be processed under this
Section which has not first been filed and investigated in
accordance with Step 3 above and filed within ten (10)
work days . of the written response of the Human
Resources Director or designee. If the parties are unable
to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this MOU,
such grievance shall be submitted in writing to an
Adjustment Board comprised of three (3) Union
representatives, no more than two (2) of whom shall be
either an employee of the County or an elected or
appointed official of the Union presenting this grievance,
and three (3) representatives of the County, no more than
two (2) of whom shall be either an employee of the County
or a member of the staff of an organization employed to
represent the County in the meeting and conferring
process. Where the parties agree, the Adjustment Board
may be comprised of two (2) Union representatives and
two (2) County representatives. The Adjustment Board
shall meet within twenty (20) work days of receipt of the
AFSCME Local 512 -142- 1995-1999 MOU
written request and render a decision. If the County fails
to meet the time limits specified in Step 4 and the grievant
demands in writing that an Adjustment Board be
convened, the County will convene an Adjustment Board
within ten (10) work days or the grievance will move to
arbitration upon demand.
Sten 5 If an Adjustment Board is unable to arrive at a
majority decision, either the grievant or the County may
require that the grievance be referred to an impartial
arbitrator who shall be designated by mutual agreement
between the grievant and the Personnel Director. Such
request shall be submitted within twenty (20) work days of
the rendering of the Adjustment Board decision. Within
twenty (20) work days of the request for arbitration the
parties shall, mutually select an arbitrator who shall render
a decision within thirty (30) work days from the date of final
submission of the grievance including receipt of the court
reporter's transcript and post-hearing briefs, if any. The
fees and expenses of the arbitrator and of the Court
Reporter shall be shared equally by the grievant and the
County. Each party, however, shall bear the costs of its
own presentation, including preparation and post hearing
briefs, if any.
26.2 Scope of Adjustment Board and Arbitration
D e cisions.
A. Decisions of . Adjustment Boards and arbitrators on
AFSCME Local 512 -143- 1995-1999 MOu
matters properly before them.,shall be final and binding
on the parties hereto, to the extent permitted by law.
B. No Adjustment Board and no arbitrator shall entertain,
hear, decide or make recommendations on any
dispute unless such dispute involves a position in a
unit represented by the Union which has been certified
as the recognized employee organization for such unit
and unless such dispute falls within the definition of a
grievance as set forth in Subsection 26.1 above.
C. Proposals to add to or change this MOU or to change
written agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend, or
terminate this MOU, nor any matter or subject arising
out of or in connection with such proposals, may be
referred to arbitration under this Section. Neither any
Adjustment Board nor any arbitrator shall have the
power to amend or modify this MOU or written
agreements supplementary hereto or to establish any
new terms or conditions of employment.
D. If the Human Resources Director in pursuance of the
procedures outlined in Step 3 above, or the
Adjustment Board in pursuance of the provisions of
Step 4 above resolve a grievance which involves
suspension or discharge, they may agree to payment
for lost time or to reinstatement with or without
payment for lost time.
AFSCME Local 512 -144- 1995-1999 MOU
E. No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
Board or arbitration proceedings hereunder) will be
recognized unless agreed to by the County and the
Union.
26.3 Time Limits. The time limits specified above
may be waived by mutual agreement of the parties to the
grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will
automatically move to the next step. If a grievant fails to
meet the time limits specified in Steps 1 through 3 above,
the grievance will be deemed to have been settled and
withdrawn.
26.4 Union Notification. An official, with whom a
formal grievance is filed by a grievant who is included in a
unit represented by the Union in the grievance, shall give
the Union a copy of the grievance.
26.5 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Personnel Director. Only
complaints which allege that employees are not being
compensated in accordance with the provisions of this
MOU shall be considered as grievances. Any other
matters of compensation are to be resolved in the meeting
and conferring process, if not detailed in the MOU which
results from such meeting and conferring process shall be
AFSCME Local 512 -145- 1995-1999 MOU
deemed withdrawn until the meeting and conferring`
process is next opened for such discussion. No
adjustment shall be retroactive for more than six (6)
months from the date upon which •the complaint was filed.
26.6 StrikeANork Stoppage. During the term of this
MOU, the Union, its members and representatives, agree
that it and they will not engage in, authorize, sanction, or
support any strike, slowdown, stoppage of work, sickout,
or refusal to perform customary duties.
In the case of a legally declared lawful strike against a
private or public sector employer which has been
sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket line,
provided the employee advises his or her supervisor as
soon as possible, and provided further that an employee
may be required to cross a picket line where the
performance of his or her duties is of an emergency nature
and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
26.7 Merit Board.
A. All grievances of employees in representation units
represented by the Union shall be processed under
Section 26 unless the employee elects to apply to the
Merit Board on matters within its jurisdiction.
AFSCME Local 512 -146- 1995-1999 MOU
B. No action under Steps 3, 4, and 5 of Subsection 26.1
above shall be taken if action on the complaint or
grievance has .been taken by the Merit Board, or if the
complaint or grievance is pending before the Merit
Board.
26.8 Filing by Union. The Union may file a grievance
at Step 3 on behalf of affected employees when action by
the County Administrator or the Board of Supervisors
violates a provision of this MOU.
26.9 Disputes Over Existence of Grievance.
Disputes over whether a grievance exists as defined in
Section 26.1 shall be resolved through the grievance
procedure.
26.10 Dis ualification From Taking an Exam. If
disqualified from taking an examination, an employee may
utilize the appeal process specified in the Personnel
Management Regulations for employees disqualified from
taking an examination.
SECTION 27 - BILINGUAL PAY
A salary differential of fifty dollars ($50.00) per month shall
be paid incumbents of positions requiring bilingual
proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be
AFSCME Local 512 -147- 1995-1999 MOU
C•u- Y.
prorated for employees.,working ,less than full time and/or
who are on an unpaid leave of absence for a portion of
any given month. Designation of positions for which
bilingual proficiency is required is the sole prerogative of
the County. Employees shall not be required to translate
without pay except in emergency situations.
Effective July 1 , 1996, the current program differential
shall be increased from fifty dollars ($50) per month to
sixty dollars ($60) per month. Effective October 1 , 1997,
the differential shall be increased to a total of sixty-five
dollars ($65) per month.
SECTION 28 - RETIREMENT
28.1 Contribution. Pursuant to Government Code
Section 31581 .1 , the County will continue to pay fifty (50)
percent of the retirement contributions normally required of
employees. Such payments shall continue for the duration
of this MOU, and shall terminate thereafter. Employees
shall be responsible for payment of the employees'
contribution for the retirement cost of living program as
determined by the Board of Retirement of the Contra
Costa County Employees' Retirement Association without
the County paying any part of the employees share. The
County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
AFSCME Local 512 -148- 1995-1999 MOu
28.2 Tier II . 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
AFSCME Local 512 -149- 1995-1999 MOIL
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 . 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
AFSCME Local 512 -150- 1995-1999 MOu
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 three (3)
million dollars 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
111; 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
AFSCME Local 512 -151- 1995-1999 MOU
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.
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.
AFSCME Local 512 -152- 1995-1999 MOU
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.
AFSCME Local 512 -153- 1995-1999 MOU
SECTION 29 - REIMBURSEMENT
29.1 Training Reimbursement. The County
Administrative Bulletin on Training shall govern
reimbursement for training and shall limit reimbursement
for career development training to two hundred and
seventeen dollars ($217) per semester or one hundred
sixty-two dollars and fifty cents ($162.50) per quarter, not
to exceed six hundred fifty dollars ($650) per year, except
as otherwise provided in the supplemental sections of this
MOU. Effective July 1 , 1996, reimbursement under the
above limits for the costs of books for career development
training shall be allowable.
29.2 Personal Property Reimbursement. The loss or
damage to personal property of employees is subject to
reimbursement under the following conditions:
A. The loss or damage must result from an event which
is not normally encountered or anticipated on the job
and which is not subject to the control of the
employee.
B. Ordinary wear and tear of personal property used on
the job is not compensated.
C. Employee tools or equipment provided without the
express approval of the department head and
automobiles are excluded from reimbursement.
AFSCME Local 512 -154- 1995-1999 MOU
D. The loss or damage must have occurred in the line of
duty.
E. The loss or damage was not a result of negligence or
lack of proper care by the employee.
F. The personal property was necessarily worn or carried
by the employee in order to adequately fulfill the
duties and requirements of the job.
G. The loss or damage to employees eyeglasses,
dentures, or other prosthetic devices did not occur
simultaneously with a job connected injury covered by
worker's compensation.
H. The amount of reimbursement shall be limited to the
actual cost to repair damages. Reimbursement for
items damaged beyond repair shall be limited to the
actual value of the item at the time of loss or damage
but not more than the original cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in
accordance with the Administrative Bulletin on
Compensation for Loss or Damage to the Personal
Property.
AFSCME Local 512 -155- 1995-1999 MOLD
^ t .
29.3 Reimbursement For Meals. Employees shall be
reimbursed for meal expenses under the following
circumstances and in the amount specified in the
Administrative Bulletin on expense reimbursement when:
A. The employee is required by his/her Department Head
to attend a meeting concerning County business or
County affairs.
B. The employee is required to be out of his/her regular
or normal work area during a meal hour because of a
particular work assignment.
C. The employee is required to stay over to attend
consecutive or continuing afternoon and night
sessions of a board or commission.
D. The employee is required to incur expenses as host
for official guests of the County, work as members of
examining boards, official visitors, speakers or
honored guests at banquets or other official functions.
E. The employee is required to work three (3) or more
hours of overtime; in this case he or she may be
reimbursed in accordance with the Administrative
Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from
home or away from the facility in the case of employees at
AFSCME Local 512 -156- 1995-1999 MOU
twenty-four (24) hour institutions.
SECTION 30 - CLASSIFICATION
Existing classes of positions may be abolished or changed
and new classes may 'be added to the classification plan
by the Director of Human Resources subject to approval
by the Board of Supervisors. The County will meet and
confer with the Union on the minimum qualifications and
salary of new classes.
If the County wishes to add duties to classes represented
by the Union, the Union shall be notified, and upon request
of Union representatives of the County, will meet and
consult with the Union over such duties.
SECTION 31 - SAFETY AND SAFETY EQUIPMENT
REIMBURSEMENT
The County shall expend every effort to see to it that the
work performed under the terms and conditions of this
MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient
operations. The Union may recommend safety guidelines,
regulations, training programs and necessary corrective
actions concerning conditions associated with the work
environment. Representatives of the Union may want to
AFSCME Local 512 -157- 1995-1999 MOU
discuss with certain Department Heads the participation of
the employees it represents on existing departmental
safety committees. If a Department Head agrees, the
Union may designate a representative to participate in any
established Safety Committee.
An employee designated by the Union may participate on
each of the established district safety committees within
the Department of Social Service.
31 .1 VDT Users Eye Examination, The County
agrees to provide an annual eye examination on County
time at County expense provided that the employee
regularly uses a video display terminal at least an average
of two (2) hours per day as certified by their department.
Employees certified for examination under this program
must process their request through the Employee Benefits
Division of the County Human Resources Department.
Should prescription VDT eyeglasses be prescribed for the
employee following the examination, the County agrees to
provide, at no cost, the basic coverage which includes a
ten dollar ($10) frame and single vision lenses.
Employees may, through individual arrangement between
the employee and their doctor and solely at the
employee's expense, include bifocal, trifocal or blended
lenses and other care, services or materials not covered
by the Plan. The basic plan coverage, including the
AFSCME Local 512 -158- 1995-1999 MOU
examination, may be credited toward the employee-
enhanced benefit.
31 .2 Reoaener. At the request of the County, Sections
31 .1 and 31 .2 may be reopened during the term of this
MOU to consider alternate programs for providing VDT
user eye examinations.'
31 .3 Safety Shoe &_ Safety Eyeallaas_s
Reimbursement. The County shall reimburse employees
for safety shoes and prescription safety eyeglasses in
those classifications the County has determined eligible for
such reimbursement.
For each two (2) year period starting January 1 , 1994,
eligible employees will be allowed reimbursement for the
purchase and repair of safety shoes up to a maximum of
one hundred sixty dollars ($160). There is no limitation on
the number of shoes or number of repairs allowed other
than the amount allowed.
The County will reimburse eligible employees for up to one
(1 ) pair per year of prescription safety eyeglasses which
are approved by the County and are obtained from such
establishment as required by the County.
AFSCME Local 512 -159- 1995-1999 MOU
SECTION 32 - MILEAGE
The mileage allowance for use of personal vehicles on
County business shall be paid according to the rates
allowed by the Internal Revenue Service shall be adjusted
to reflect changes in this rate on the date it becomes
effective or the first of the month following announcement
of the changed rate by the Internal Revenue Service,
whichever is later.
Mileage from an employee's home to the normal work
location is not reimbursable. The normal work location is
the location to which an employee is regularly assigned.
An employee with more than one (1 ) normal work location
shall be reimbursed for the mileage traveled in the same
work day between those work locations.
When an employee is temporarily reassigned to a different
work location, mileage will be reimbursed in excess of the
normal mileage between the employee's home and the
regular work location.
SECTION 33 - STAGGERED WORK SCHEDULE
The Social Service Department shall continue to operate a
staggered work schedule plan. Office hours shall remain
open to the public from 8:00 a.m. to 5:00 p.m., .Monday
through Friday. Permanent full time employees shall have
AFSCME Local 512 -160- 1995-1999 MOU
the option to select, subject to prior approval of the
department, an eight (8) hour day, forty (40) hour
workweek schedule consisting of work hours which may
be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30
p.m. work schedule. The following shall serve as the basic
criteria for the staggered shift:
A. All employees must be present at their office or
otherwise engaged in the duties of their position
during the core hours of 10:00 a.m. and 3:30 p.m.
B. Work schedules must remain within the hours of 7:00
a.m. and 7:00 p.m.
C. ' The selected staggered work schedule shall consist of
the same hours of work each day except for when a
schedule including one varying eight hour workday is
necessary to provide officer of the day coverage or for
other specific circumstances in which the department
determines that such a varying schedule is
appropriate. The decision of the department head or
designee shall be final.
D. Each employee's proposed staggered schedule must
be submitted in writing and approved by the
Department Head or designee prior to implementation.
E. Changes in staggered schedules shall be requested in
writing and must have, the approval of the Department
AFSCME Local 512 -161- 1995-1999 MOU
'Lrt i'
Head or designee prior to implementation.
F. Conflicting requests for schedules shall be resolved by
the Department Head or designee whose decision
shall be final.
G. It is understood- that an individual employee's
schedule may be changed due to the needs of the
department.
H. In the event this staggered scheduling provision is
found by the department to be inconsistent with the
needs of the department, the department shall so
advise representatives of the Union and the County
and the Union shall meet and confer in an attempt to
resolve the inconsistency.
SECTION 34 - MEAL PERIODS
Representatives of the Union may discuss varying meal
periods (e.g. one-half (1/2) hour versus a one (1 ) hour
meal period), with certain Department Heads. Any change
in the meal period agreed to by the Union and Department
Heads must have final approval from the County
Administrator.
AFSCME Local 512 -162- 1995-1999 MOU
SECTION 35 - PERFORMANCE EVALUATION
In those instances, when there is a written performance
evaluation of an employee and the employee is requested
to sign the evaluation, the employee shall receive a copy
of the evaluation if she/he so requests.
SECTION 36 - DISCIPLINARY ACTIONS
If the employee so requests in writing, a copy of any
written disciplinary action affecting an employee shall be
furnished to the Union.
SECTION 37 - PERSONNEL FILES
Employees shall have the right to inspect and review any
official record(s) relating to his or her performance as an
employee or to a grievance concerning the employee
which is kept or maintained by the County in the
employee's personnel file in the Human Resources
Department. The contents of such records shall be made
available to the employee for inspection and review at
reasonable intervals during the regular business hours of
the County. Copies of written reprimands or memoranda
pertaining to an employee's unsatisfactory performance
which are to be placed in the employee's personnel file
shall be given to the employee who shall have the right to
AFSCME Local 512 -163- 1995-1999 MOU
respond in writing to said documents.
Derogatory material in an employee's personnel file (such
as warning letters) over two (2) years old will not be used
in a subsequent disciplinary action unless directly related
to the action upon which the discipline is taken.
Derogatory material does not include prior suspensions,
demotions or dismissals for cause.
The County shall provide an opportunity for the employee
to respond in writing to any information which is in the
employee's personnel file about which he or she
disagrees. Such response shall become a permanent part
'`of the employee's personnel record. The employee shall
be responsible for providing the written responses to be
included as ...part .of the employee's permanent personnel
record.
This section does not apply to the records of an employee
relating to the investigation of a possible criminal offense,
medical records and information or letters of reference.
Employees have the right to review their official personnel
files which are maintained in the Human Resources
Department or by their department. In a case involving a
grievance or disciplinary action, the employee's
designated representative may also review his/her
personnel file with specific written authorization from the
employee.
AFSCME Local 512 -164- 1995-1999 MOU
SECTION 38 - SERVICE AWARDS
The County shall continue its present policy with respect to
service awards including time off; provided, however, that
the type of award given shall be at the sole discretion of
the County.
SECTION 39 - REASSIGNMENTS
39.1 Request for Reassignment. The Social Service
Department shall continue the vacancy information system
which lists vacant positions which the department has
determined will be filled by intradepartmental
reassignment. Positions shall be listed for five (5) working
days in department offices prior to filling the position.
Permanent full time employees desirous of reassignment
to a position in the same classification at another work
location should submit a request in writing to the Social
Service Department personnel office. Such request will
stay in effect for ninety (90) days from the date it is
submitted. When it is determined that a vacant position
may be filled by intradepartmental transfer, the department
will determine from which district the transfer may be
made based upon the amount and nature of work, and the
names of people from that/those district(s) in the
appropriate classification who have indicated a desire to
transfer to that location will be submitted to the supervisor
AFSCME Local 512 -165- 1995-1999 MOU
who will make a selection. In the. event three (3) names
are not available through this process, then the gaining
supervisor may request additional names from the
reemployment/eligible list.
39.2 Involuntary Reassignments. In the event an
involuntary reassignment must be made, the Social
Service Department will determine the building from which
the employee will be reassigned, based on workload
statistics. The least senior employee in that building in the
appropriate classification will be transferred.
If a vacancy occurs in the same class and in the same
geographic area from which an employee was involuntarily
reassigned, the Department shall offer the position to the
employee who was involuntarily reassigned. If the
employee declines the offer, he/she will not be considered
for any future vacancies in that geographic area except as
provided in Section 39.1 above.
For the purposes of this Section, geographic areas shall
be defined as:
West County 1305 Macdonald Avenue, Richmond
3431 Macdonald Avenue, Richmond
3055 Research Drive, Richmond
3630 San Pablo Dam Road, EI Sobrante
Linus Pauling Drive, Hercules
AFSCME Local 512 -166- 1995-1999 MOU
Central County: 2500 Alhambra Avenue, Martinez
30 Muir Road, Martinez
40 Muir Road, Martinez
500 Court Street, Martinez
40 Douglas Drive, Martinez
East Countv: 4545 Delta Fair Boulevard, Antioch
39.3 ficial Service Staff Specialists Unit. S.S.
Program Analysts, S.S. Information Systems Analysts and
S.S. Sr. Information Systems Analysts (hereinafter
referred to as Analysts) in this unit, shall have the
opportunity to express their desire for reassignments to a
position in the same classification at any time in
accordance.with Section 23.5.
Analysts shall be notified of positions vacant and eligible to
be filled via memo at their work site. The Department shall
interview all interested Analysts in that classification who
have responded to the vacancy notification.
Selection of Analysts for reassignment to vacant positions
will be reviewed with consideration given to various factors
including but not limited to: experience or demonstrated
skill appropriate to the position sought; any previous
involuntary reassignments; seniority within the
classification; operational and programmatic needs of the
Department; location of the work assignment relative to
AFSCME Local 512 -167- 1995-1999 MOU
the Analyst's place of..residence. .The Department Head or
designated representative shall make the sole
determination as to reassignment of personnel.
In the event of an involuntary reassignment, the number of
times an Analyst has been involuntarily reassigned shall
be considered so as to prevent any Analyst from being
involuntarily reassigned more than once in any twelve (1'2)
month period. Analysts involuntarily reassigned will be
given priority consideration to return to the assignment and
location from which they were reassigned should that
vacancy occur and it is determined that the position is to
be refilled.
SECTION 40 - UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor
practice as defined in Chapter 34-22 of Board Resolution
No. 81/1165 against the other. Allegations of an unfair
labor practice, if not resolved in discussions between the
parties, may be heard by a mutually agreed upon impartial
third party.
SECTION 41 - LENGTH OF SERVICE DEFINITION FOR
SERVICE AWARDS AND VACATION ACCRUALS
The length of service credits of each employee of the
AFSCME Local 512 -168- 1995-1999 MOU
County shall date from the beginning of the last period of
continuous County employment (including temporary,
provisional, and permanent status, and absences on
approved leave of absence). When an employee
separates from a permanent position in good standing and
within two (2) years is reemployed in a permanent County
position or is reemployed in a permanent County position
from a layoff list within the period of layoff eligibility,
service credits shall include all credits accumulated at time
of separation, but shall not include the period of
separation. The Director of Human Resources shall
determine these matters based on the employee status
records in his/her department.
SECTION 42 - PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated vacation
and sick leave benefits. They are eligible for health, dental
and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time.
If the employee works at least fifty percent (50%) of full
time, County retirement participation is also included.
AFSCME Local 512 -169- 1995-1999 MOU
�f
SECTION 43 PERMANENT-INTERMITTENT
EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
SECTION 44 - PERMANENT-INTERMITTENT HEALTH
PLAN
A permanent-intermittent employee represented by the
Union may participate in the County Group Health Plan of
medical, dental and life insurance coverage wholly at the
employee's expense. The County will not contribute to the
employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately
and punctually. Failure to meet the premium deadline will
mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 45 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees
of the County immediately prior to their provisional
appointment, are eligible for vacation and sick leave
benefits.
AFSCME Local 512 -170- 1995-1999 MOU
Provisional employees may participate in the County
Croup Health Plan of medical, dental and life insurance
coverage wholly at the employee's expense. The County
will not contribute to the employee's monthly premium.
The employee will be responsible for paying the monthly
premium appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual
open enrollment period.
SECTION 46 - WORD PROCESSINGNDT
DIFFERENTIA.
46.1 Buyout of Differential. Effective April 1 , 1992 all
job classes in the Clerical Supervisory Unit and the Social
Service Staff Specialist Unit will be increased to the
closest salary range available that is fifty dollars. ($50)
higher than the current salary range at the mid-point step
after the general wage increase of thirty (30) levels is
added. Effective May 1 , 1992 employees in the above
units who were receiving VDT or Word Processing
Differential shall no longer receive such differential.
46.2ontinuina Differentials. All job classes in the
Income Maintenance, Probation Supervisor and
Engineering Technician Units that currently are eligible for
VDT or Word Processing Differential shall not have $50.00
AFSCME Local 512 -171- 1995-1999 MOU
added to their salary range. However, employees in these
job classes who are receiving either a VDT or Word
Processing Differential will continue to receive the
differential until such time as they vacate their class.
SECTION 47 ENGINEERING TECHNICIAN SPECIAL
ISSUES
47.1 Rotational Advisory Committee. The Public
Works Department Engineering Rotational Advisory
committee shall be continued through the term of this
MOU. The primary purpose of this Committee shall be to
make recommendations to the Public Works Director on
an annual basis for rotations of Engineering Technicians.
The Committee shall consist of two (2) Engineering
Technicians and various designated management
representatives. The Engineering Technicians shall be
selected by the Union. The Committee may additionally
include a representative of the Union if requested by the
Engineering Technicians representatives.
The Committee may also discuss Engineering Technician
rotation procedures and implementation methods, safety
and training needs and other related matters.
47.2 Enaineerina Technician BiddingProcedure.
When a vacant Senior Level position is made available,
AFSCME Local 512 -172- 1995-1999 MOU
the Public Works Department shall bid the position in the
following manner:
A. All Engineering Technicians-Senior Level and
qualified Engineering Technicians-Journey Level shall
receive a notice of opening.
B. "Qualified" means an employee shall meet the
minimum qualifications of the Engineering Technician-
Senior Level designation.
C. The Departmental Final Selection Interview Panel
shall include at least the Division or Assistant Division
Head for the Division from where the vacancy occurs
and a member of the Administrative Services Division.
D. The bid notice shall be posted for a minimum of three
(3) work days.
E. Selection shall be made from all interested applicants
on the basis of merit and qualifications.
When a vacant Journey Level position is made available,
the Public Works Department shall bid the position in the
following manner:
A. All Engineering Technicians-Journey Level and
qualified Engineering Technicians-Entry Level shall
receive a notice of opening.
AFSCME Local 512 -173- 1995-1999 MOIL
B. "Qualified" means an employee shall meet the
minimum qualifications of the Engineering Technician-
Journey Level designation.
C. The Departmental Final Selection Interview Panel
shall include at least the Division or Assistant Division
Head for the Division from where the vacancy occurs
and a member of the Administrative Services Division.
D. The bid notice shall be posted for a minimum of three
work days.
E. Selection shall be made from all interested applicants
on the basis of merit and qualifications.
47.3 Flexible Work Week. The Public Works
Department shall continue a flexible forty (40) hour
workweek for Engineering Technicians assigned to the
office. Crucial to the continuance of the flexible forty (40)
hour workweek will be the impact on service to the public.
47.4 Continuing Education Allowance. Employees
in classifications in the Engineering Technician Unit shall
be eligible to receive a two and one half (2 1/2%)
Continuing Education Allowance effective the first of the
month following adoption of the Memorandum or
Understanding by the Board of Supervisors. The
employee must annually complete at least sixty (60) hours
of approved education or training or at least three (3)
AFSCME Local 512 -174- 1995-1999 MOU
semester units of department approved college credit or
approved combination thereof.
SECTION 48 - CLASSIFICATION STUDIES
48.1 District Aftorney Family Support Clerical
Supervisors. The County agrees to evaluate the Clerical
Supervisor positions within the Family Support Division of
the District Attorney's office to see if they are properly
classified. This review will be completed by October 1 ,
1992 and a progress report given to the Union by June 30,
1992.
48.2 Other Clerical Supervisor Positions. The
County agrees to review and evaluate as necessary any
Clerical Supervisor position where it is alleged that Office
Manager duties are performed.
SECTION 49 - SHERIFF'S DEPARTMENT SHIFT &
HOLIDAY AGREEMENT
The agreement between the Union on behalf of the
Clerical Supervisory Unit and the Sheriffs Department
concerning shift assignments and holiday coverage in the
Services Division shall remain in effect for the duration of
this agreement.
AFSCME Local 512 -175- 1995-1999 MOU
SECTION 50 SHERIFF'S NON-SWORN
MANAGEMENT UNIT
50.1 Continuing Education allowance.
The County agrees to pay a two and one half (2 Y2%)
percent Continuing Education Allowance for the annual
completion of at least sixty (60) hours of approved
education or training or at least three (3) semester units of
department approved college credit or approved
combination thereof in accordance with the following
criteria:
,. 1 . the application must be submitted, in advance to the
Sheriff's Department, prior to the fiscal year in which
the education or training will occur;
2. education or training must be directly related to the
technical or management duties of the employees job;
3. the course must be reviewed and approved by the
Sheriff's Department Standards and Resources
Bureau in advance;
4. the employee must show evidence of completion with
a passing grade.
AFSCME Local 512 -176- 1995-1999 MOU
50.2 llowance.
Employees in classifications represented by the Sheriff's
Non-Sworn Management Unit identified below will receive
a uniform allowance comparable to employees
represented by the Deputy Sheriffs Association.
Central Identification Bureau Director
Detention Services Supervisor
Director of Food Services-Detention Facilities
Director of Support Services-Detention Facilities
Sheriffs Communication Center Director
Sheriffs Communications Specialist
50.3 into MOU. The County agrees to
extend the terms of the MOU. to include the Sheriffs Non-
Sworn Management Unit except for Sections 7 (Overtime
and Compensory Time), 8 (Call-Back Time) and 9 (On-
Call Duty).
�EGTION 51 - MEALS
Employees represented by the Union who are employed at
the County Hospital and who are required to work on
Thanksgiving, Christmas or New Year's will be provided a
free meal in the Hospital Cafeteria at no cost to the
employee between 8:30 a.m. and 8:30 p.m. only.
AFSCME Local 512 -177- 1995-1999 MOU
y.
SECTION 52 - SPECIAL STUDIES/ PROJECTS/
ADJUSTMENTS
A. The County will conduct a feasibility study during the
term of this MOU to ascertain the advantages and/or
disadvantages to County employees of providing an
Ineligible Deferred Compensation Plan as described
in Section 457(f) of the Internal Revenue Code of
1986.
B. The Social Service Department shall review, on at
least a quarterly basis, the amount and nature of work
of individuals in the Income Maintenance Program
Unit. As possible within budgetary and operational
constraints, the Department will attempt to balance
the amount and nature of work of individuals in that
Unit. There shall be a meeting between the Social
Service Department and the Union, as necessary, to
review and discuss the existing amount and nature of
work, and efforts made and considered to balance
that work. Summary minutes shall be kept of the
discussions and shall be distributed to committee
members prior to the next meeting.
C. The Social Service Department and representatives of
the Income Maintenance Unit of the Union shall meet
to begin consideration of the potential impacts future
automation could have on the amount and nature of
work for this classification.
AFSCME Local 512 -178- 1995-1999 MOU
D. Attendance Program. There shall be convened a
Labor-Management Committee to develop an
attendance program for County employees.
E. The County agrees to meet with representatives of
Local 512 to discuss performance evaluation on a
County-wide basis but not a County-wide
performance form.
F. 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.
G. 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.
AFSCME Local 512 -179- 1995-1999 MOU
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.
1. 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
AFSCME Local 512 -180- 1995-1999 MOU
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.
J. 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
AFSCME Local 512 -181- 1995-1999 MOU
Works Department.
K. 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.
SECTION 53 - SPECIAL BENEFITS
Incumbents Jn all classes in the Social Service Staff
Specialist Unit, Income Maintenance Unit, Clerical
Supervisory Unit, Probation Supervisors Unit and Sheriffs
Non-Sworn Management Unit are eligible to receive the
following benefits:
A. Life Insurance. $35,000 Group Term Life Insurance
will be provided ($40,000 for Probation Supervisors
Unit, $45,000 for Sheriffs Non-Sworn Management
Unit). Premiums for this insurance will be paid by the
County with conditions of eligibility to be reviewed
annually. Provisions of this section do not apply to the
Engineering Technician Unit.
AFSCME Local 512 -182- 1995-1999 MOU
B. LTD. Long-Term Disability Insurance will be provided,
with a replacement limit of eighty-five percent (85%) of
total monthly. base earnings reduced by any
deductible benefits. The premium for this Long-Term
Disability Insurance will be paid by the County.
C. Vacation Buy Back Plan. The County will reimburse
up to one-third (1/3) of an employee's annual vacation
accrual, subject to the following conditions: (a) the
choice can be made only once in each calendar year;
(b) payment shall be based on an hourly rate
determined by dividing the employee's monthly salary
by 173.33; and (c) the maximum number of hours that
may be reimbursed in any year is one-third (1/3) of the
annual accrual at the time of reimbursement.
D. Professional Development. Reimbursement will be
provided for up to one hundred fifty dollars ($150) per
fiscal year for memberships in professional
organizations, subscriptions to professional
publications, attendance fees at job-related
professional development activities, job-related books,
electronic calendars and organizers, and soft and
hardware from a standardized County approved list or
with Department Head . approval, provided each
employee complies with the provisions of the
Computer Use and Security Policy adopted by the
Board of Supervisors. Authorization for individual
professional development reimbursement requests
AFSCME Local 512 -183- 1995-1999 MOU
shall be made by the Department Head.
Reimbursement will occur through the regular demand
process with demands being accompanied by proof of
payment (copy of invoice or canceled check).
E. Longevity Differential. A Longevity Pay Plan will
provide ,a 2-1/2% increase in pay following completion
of ten (10) years of County Service.
F. Paid Personal Leave. Fifty (50) hours of paid personal
leave will be provided during a calendar year. Said
personal leave is provided to recognize both the fact
that these employees do not and will not receive
payment for overtime and the unavailability of
compensatory time off for this group of employees.
G. Deferred Compensation Incentive. , Effective May 1 ,
1992, the County's contribution to eligible employees
who participate in the County's Deferred
Compensation Plan will be forty dollars ($40) per
month. To be eligible for this incentive supplement,
eligible employees must first contribute a Base
Contribution Amount to the Deferred Compensation
Plan as follows:
AFSCME Local 512 -184- 1995-1999 MOU
Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Sa Contribution Amt, Program Eligi� bility
$2,500 & below $250 $50
2501 - 3334 500 50
3335 - 4127 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 100
6668 & above 2250 100
Employees who meet these Base Contribution
Amounts must contribute at least fifty dollars ($50) or
one hundred dollars ($100) per month to remain
eligible for the forty dollars ($40) County supplement.
Employees who discontinue contributions or who
contribute less than the required amount per month for
a period of one (1 ) month or more will no longer be
eligible for the forty dollar ($40) County supplement.
To reestablish eligibility, employees must again make
a Base Contribution Amount as set forth above based
on current monthly salary. Employees with a break in
Deferred Compensation Contributions because of an
approved medical leave, shall not be required to
reestablish eligibility.
AFSCME Local 512 -185- 1995-1999 MOU
Employees with a -break in deferred compensation
contributions because of either an approved medical
leave or approved financial hardship withdrawal shall
.not be required to re-establish eligibility. Further,
employees who lose eligibility due to budgetary
constraints but maintain contributions at the required
level and later return to an eligible position shall not be
required to re-establish eligibility.
Eligible employees who participated in the Deferred
Compensation Plan prior to May 1 , 1992 but were not
eligible to receive the County contribution will be given
credit towards the qualifying base amount for
contributions made after January 1 , 1992.
SECTION 54 - ADOPTION
The provisions of this MOU shall be made applicable on
the dates indicated and upon approval by the Board of
Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it
is determined that an Ordinance is required to implement
any of the foregoing provisions, said provisions shall
become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
AFSCME Local 512 -186- 1995-1999 MOU
SECTION 55 - DURATION OF AGREEMENT
This Agreement shall continue in full force and effect from
October 1 , 1995 to and including September 30, 1999.
Said Agreement shall automatically renew from year to
year thereafter unless either party gives written notice to
the other prior to sixty (60) days from the aforesaid
termination date of its intention to amend, modify or
terminate the agreement.
SECTION 56 - SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISION
56.1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU fully and completely
incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the
parties in any and all matters subject to meet and confer.
Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall
prohibit the parties from changing the terms of this MOU
by mutual agreement.
56.2 Separability of Provisions. Should any section,
clause or provision of this MOU be declared illegal,
unlawful or unenforceable, by final judgment of a court of
competent jurisdiction, such invalidation of such section,
clause or provision shall not invalidate the remaining
AFSCME Local 512 -187- 1995-1999 MOIL
portions hereof, and such remaining portions shall remain
in full force and effect for the duration of this MOU.
56.3. Personnel Management Reaulations. Where a
specific provision contained in a section of this MOU
conflicts with a specific provision contained in a section of
the Personnel Management Regulations, the provision of
this MOU shall prevail. It is recognized, however, that
certain provisions of the Personnel Management
Regulations may be supplementary to the provisions of
this MOU or deal with matters not within the scope of
representation and as such remain in full force and effect.
SECTION 57 - PAST PRACTICES AND EXISTING
MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not
specifically authorized by ordinance or by resolution of the
Board of Supervisors is not guaranteed by this MOU;
provided, however, that only during the term of this MOU
which expires September 30, 1999, the Union may claim a
violation of a past practice. If the Union can demonstrate
that such past practice exists by virtue of having been
acknowledged and agreed to by Management and
representatives of the Union or by employees represented
by the Union who reach agreement with a Department
Head on a specific policy covering a group of employees
such as a reassignment policy, the alleged violation of said
AFSCME Local 512 -188- 1995-1999 MOU
past practice will be subject to the grievance procedure.
Those practices which have been agreed to by
Management and not approved by the Department Head
must be confirmed and approved by the Department Head
within six (6) months from the below execution date of this
MOU in order to be considered a past practice pursuant to
this provision.
Date:
CONTRA COSTA UNTY AFSCME, LOCAL 512
AFSCME Local 512 -189- 1995-1999 MOU
ATTACHMENT A
Contra Personnel Department
Third Floor, Administration Bldg-
COsta 651 Pine Street
COun}` ' Martinez. California 94553.1292•
l�/ (415) 372.4064
Harry O. chlerman
Director or Personnel
July 9, 1985
Mr. Warren Nelson
Representative
United Clerical Employees,
Local 2700, AFSCME
936 Court Street
Martinez, CA 94553
Dear Mr. Nelson:
This side letter is to confirm agreement that the application of seniority
rules for purposes of layoff and departmental seniority issues including but not
limited to, reassignment and vacation scheduling, in the .Income Maintenance Unit
represented by' Local 512, AFSCME will be determined as set forth in Section"12
of the 198345-Memorandum of Understanding between Contra Costa County and
Professional and Technical Employees, Local 512, AFSCME.
" If this conforms to your understanding, please sign the original of this side
letter and return it to me at your earliest convenience. The copy is for your
records
J
Date APPROVED AND ACCEPTED
Contra Costa County' Professio 1 & Technfcal
Employees, Local 512, AFSCME
PAS P.�S
r - Q.itlti,
_.-
cc: Robert Jornl in, Social Service" '.'-
Louise
ervice"'.Louise Aiello, Social Service
tpmAI I
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
ATTACHMENT B
PROJECT POSITIONS
Professional and Technical Employees, AFSCME, Local 512 and the County have met
and conferred in good faith regarding wages, hours and other terms and conditions
of employment for employees in project classes which, except for the project
designation, would be represented by Professional and Technical Employees,
AFSCME, Local 512. For example, Engineering Technician I is represented by
Professional and Technical Employees, therefore, it has been agreed that
Engineering Technician I-Project will also be represented by Professional and
Technical Employees.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Professional and Technical Employees shall be
assigned to bargaining units in accordance with the provisions of Section 34-12.015
of Board Resolution 81/1165.
The Union and the County understand that the meet and confer process with respect
to the conditions of employment for project classifications is unique and, therefore,
differs from other regular classes represented by Professional and Technical
Employees in the following respects:
1. Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without regard
to the provisions of this Memorandum of Understanding, without right of
appeal or hearing or recourse to the grievance procedure specified herein;
and
3. any provision of this Memorandum of Understanding which pertains to layoff
or seniority are not applicable to project employees.
ATTACHMENT D
Contra Per&_.,inel Department
CosCostaThird Floor, Administration Bldg.
Cos 651 Pine Street
County Martinez, California 94553-1292
(415) 372-4064
Harry O. Cisterman
Director of Personnel
December 22, 1981
Ms. Diana Doughtie
United Clerical Employees
Local 2700, AFSCME, Council-57
936 Court Street
Martinez, Ca. 94553
Dear Ms. Doughtie:
This letter is to confirm understandings reached during this year's meet and
confer sessions regarding the certification rule of the Personnel Management
Regulations.
AFSCME Locals 512 and 2700 and the County agree that:
1. On each request for personnel from an open employment list,
ten names shall be certified. If more than one position is
to be filled in any class in a department at the same time
from the same request for personnel, the number of names to
be certified from an open employment list shall be equal to
the number, of positions to be filled plus nine.
2. On each request for personnel from a _promotiona employment list,
five (5) names shall be certified. If more than one position is
to be filled in any class in a department at the same time from the
same request for personnel, the number of.names to be certified from
a promotional employment list shall be equal to the number of positions
to be filled plus four (4).
If the foregoing conforms to your understanding, please indicate your acceptance
and approval in the space provided below.
Date: Z34 /9PI
United Clerical Employees, Local 2700
& Professional and Technical
Contra 'Costa County Employees, Local 512 AFSCME, AFL-CIO
i
By
MGR:ms
Ipm4
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
EXHIBIT A
CONTRA COSTA COUNTY
HEALTH CARE COALITION NEGOTIATIONS
JANUARY 28, 1992
SETTLEMENT AGREEMENT
HEALT11 & DENTAL SUBVENTION ONLY
1. SUBVENTION FOR 1991-1992
CCHP: County will contribute $10 single and $26 family for premium increases; employees
will continue to pay $.01. Dental only coverage at $.01.
1st Choice, Kaiser& Dental: County will contribute 77%toward health and dental premiums
with plan changes indicated below. County subvention for Safeguard B to be the same level
as for Safeguard A not to exceed total premium of Safeguard B.
2. PLAN CHANGES FOR 1991-1992 (All effective 1st of month following open enrollment)
Kaiser:
$3 co-pay on Rx and include COB. County agrees to add maintenance drug program within
60 days of its availability.
1st Choice (PPO pays @ 100%; non-PPO pays @ 80% of UCR after annual $200
deductible.)
• Add office visit coverage for routine pap test.
• Add diabetic training to $300 lifetime limit.
• Add injectable drugs to Rx program with 50% co-pay.
• Cap physical therapy visits at 50 visits per calendar year.
• Change Pharmacy drug program from $2 generic, $8 brand name`to $2 generic, $5
brand name - no exceptions.
• Add $25 co-pay for a non-PPO Emergency Room physician if services provided at a
PPO hospital; balance of bill paid by health plan (no further exceptions as under
current plan).* County will continue current practice of negotiating non-PPO
provider billings for services provided at PPO hospital.
• Add $25 co-pay for a non-PPO Radiologist if services are performed at a PPO
hospital; balance of bill paid by health plan (no further exceptions as under current
plan). Second opinion provisions remain unchanged.*
• Biannual routine eye examinations for corrective lenses only with $10 co-pay.
Annual eye examinations for children to age 18 and adults over 40 with $10 co-pay.
Dental Plan
Continue with current dental program and add Safeguard B option beginning with March
1992 open enrollment. Reopen Delta dental plan for redesign in June 1992. County will
solicit proposals on prepaid dental plans prior to the end of the MOU period. The Request
for Proposal will be made available to all qualified vendors of prepaid dental plans
(including Denticare).
2 -
3.
—3. REOPENER FOR HEALTH PLAN REDESIGN
Effective June 1, 1992, the County and the Health Care Coalition will reopen meet and
confer deliberations on further health plan redesign with the objectives of achieving
improved cost control and service to members,
4. SUBVENTION FOR 1992-1993
CCHP: County will contribute 98%of premium cost for health and dental plans. Dental only
coverage at $.01.
1st Choice, Kaiser & Dental: County will contribute 77% toward health and dental
premiums. County subvention for Safeguard B to be the same level as for Safeguard A not
to exceed total premium of Safeguard B.
If a mutually agreeable range of plan redesign options are achieved by the County and the
Health Care Coalition as a result of the June 1992 reopener, the County will contribute an
additional 3% not to exceed 80%.
5. WORKERS' COMPENSATION
The County will reduce Workers'. Compensation for all non-safety employees to 94% of
monthly salary for all claims filed with the employee's department on or after February 10,
1992 and 88% filed on or after January 1, 1993. All savings generated will be used toward
offsetting chargeable increases in County subvention of premiums for health and dental
plans. If Workers' Compensation becomes taxable, the County agrees to restore the
current benefit level (100% of monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
*$25 co-pay does not apply to annual$1000 maximum out-of-pocket expense per member (includes
$200 deductible). $25 co-pay is waived after $1000 limit is reached.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
i
DATE:_: 4 z DATE:
copro3:hcc
EXHIBIT B
Tentative Agreement
Wages & Health Plan Adjustments
The County and the members of the Labor Coalition agree to jointly recommend that the Board of
Supervisors consider and adopt the following settlement on wages and health plan adjustments for
the period October 1, 1993, to September 30, 1995.
1. Wanes
Effective July 1, 1994, increase salary by 10 levels (1.0045%).
Effective January 1, 1995, increase salary by 10 levels (1.0045%). Any net savings
achieved by the County from the replacement of the 1st Choice Health Plan by the
QualMed Health Plan for those eligible to a salary increase as provided herein and which is
above the cost of the 20 level salary increase shall be added to the 1%salary increase
effective January 1, 1995.The California Nurses Association, IAFF Local 1230, and the
Union of American Physicians and Dentists are exluded from these wage increases and
subvention calculations. The savings shall be computed on a per cap basis as follows:
a. The County's "original cost" shall be computed by adding together the gross subvention
for each represented employee in 1 st Choice for the month of 10-01-93, the sum then
increased by 14%.
b. The County's "current cost" shall be computed by adding together the gross subven-
tions of each represented employee who transferred from 1st Choice to QualMed, for
the month 10-01-94.
c. The amount of money to be provided as additional monthly salary increases shall be the
"original cost" minus the "current cost" minus the monthly cost of the 20 level wage
increases.
2. Coverages Offered
Effective February 1, 1994, the County will offer medical plans including Contra Costa
Health Plan(CCHP), Kaiser, QualMed, Delta Dental, and Safeguard Dental.
3. Health Plan Subvention
Effective 2/1/94:
CCHP = County share 98%
QualMed/Kaiser HMO's = County Share 79%
QualMed PPO =County share 77%to October 31, 1994.
Delta Dental= Increase annual maximum benefit per member from $1,000 to $1,200.
4. Kaiser Copays
Effective February 1, 1994:
Kaiser Office Visit = $3.00; Kaiser Drugs = $3.00
S. Future OualMed PPO Increases
Effective November 1, 1994, the County and Coalition members will equally share (50/50)
the amount of any premium increases.
6. Health Plan Review Committee
The County proposal for a labor/management health plan review committee is accepted.
The Committee shall be comprised of five reps of the Coalition and up to five reps of
management and shall review changes in rates and benefits and if the committee decides it
is advisable to meet with a health plan provider, such contact shall be initiated by the
chairperson.
7. Wellness
The County"proposal on Wellness presented 1/6/94 is accepted and is effective February 1,
1994.
S. Indemnification
The County will indemnify all unions in the Coalition in actions brought regarding
termination of the 1st Choice Health Plan.
9. Runout
The County agrees to assume all runout costs associated with termination of the 1st Choice
Health Plan.
10. Open Enrollment
Open Enr611ment on a one-time basis shall be January, 1994, through February, 1994, and
shall subsequently be in November of each year.
Dated: January 13, 1994
For the County: For the Coalitio
EXHIBIT C
ontra ,
` Personnel Department
Costa1 Administration Bldg.
^` 4 651 Pine Street
County =. ... �.�:a
Martinez. California 94553-1292
5r� CUl`vf`
DATE: April 14, 1992
TO: Department Heads
FROM: Harry D. Cisterman Director of Personne
SUBJECT: Employee Concerns
The employees of many departments are concerned about timely response to their
inquiries/filings regarding the following;
A. Vacation Requests
All department heads are to advise all managers and first line supervisors to
respond to employee vacation requests within ten (10) calendar days of the
receipt for vacation leave.
B. Compensatory Time Off_in Lieu of Overtime Pay
In accordance with the Provisions of the M.O.U. between the County and
AFSCME, Council 57, employees represented by the Union have the option of
receiving overtime for time worked in excess of the regular work schedule or
receiving compensatory time credit. Please insure that all managers and first
line supervisors are informed of this option.
C. Job Performance Deficiencies
Advise all managers and first line supervisors that job performance
deficiencies should be called to the attention of the employee as soon as
discovered and documented as far in advance of the final period of a
performance evaluation (probation) as possible.
Additionally, employees represented by AFSCME, Council 57 should be allowed
reasonable use of a County FAX machine to receive and transmit necessary
documents to the local Union Office.
Thank you for your cooperation.
HDC:sd
cc: Local 2700
Local 512
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier
NOES: None
ABSENT: None ,
ABSTAIN: None
Subject:
Approval of the 1995-1999 Memorandum of )
Understanding with Contra Costa County )
Employees Association, Local No. 1 ) Res. No. 97/ 677
The Contra Costa Board of Supervisors RESOLVES THAT:
1 On November 19, 1996 the Labor Relations Manager submitted a Letter of
Understanding dated November 18, 1996 which reflected negotiated agreements
reached between the parties on terms and conditions of employment affecting
employees represented by CCCEA Local No. 1 (Board Resolution No. 96/497).
2. On January 21, 1997, the Labor Relations Manager submitted a Letter of
Understanding dated January 13, 1997 which amended Board Resolution No.
96/497 by adding provisions which related solely to the Deputy Public Defenders
Unit of Local No. 1.
3. The Memorandum of Understanding with CCCEA Local'No. 1 incorporating the
agreed-upon terms and conditions mentioned in 1. and 2. above is attached.
4. This Board having considered said Memorandum of Understanding, the same is
approved.
5. If an Ordinance(s) is required to implement any of the foregoing provisions, the
Board of Supervisors will adopt said Ordinance(s).
6. This Resolution is effective as of October 1, 1995.
I HEREBY CERTIFY THAT THIS IS A-TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED DerPmbPr 16. 1997
Phil Batchelor,Clerk of the Board of —'
Supervisors and County Administrator
4By , Deputy
Orig. Dept: Human Resources Department (Kathy I a
cc: Labor Relations Unit
Auditor-Controller's Office
County Counsel
All County Departments
CCCEA Local No. 1 V
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY EMPLOYEES' ASSN.
LOCAL NO. 1
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Division 34 of
Board of Supervisors' Resolution 81/1165 and has been
jointly prepared by the parties.
The Labor Relations Manager (County Administrator) is
the representative of Contra Costa County in employer-
employee relations matters as provided in Board of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith
.regarding wages, hours and other terms and conditions of
employment for the employees in units in which the Union
is the recognized representative, have freely exchanged
information, opinions and proposals and have endeavored
to reach agreement on all matters relating to the
employment conditions and employer-employee relations
covering such employees.
This MOU shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the
County and appropriate fire districts, as the joint
recommendations of the undersigned for salary and
employee benefit adjustments for the period commencing
October 111995 and ending September 30, 1999.
CCCEA LOCAL NO. 1 - 1 - 1995-99 MOU
Special provisions and restrictions pertaining to Project
employees covered by this MOU are contained in
Attachment A which is_ attached hereto and made a part
hereof.
DEFINITIONS:
Appointing Authority; Department Head unless
otherwise provided by statute or ordinance.
Class: A group of positions sufficiently similar with
respect to the duties and responsibilities that similar
selection procedures and qualifications may apply and
that the same descriptive title may be used to designate
each position allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
Count Contra Costa County.
Demotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is lower than the top step of the class
which the employee formerly occupied except as provided
for under Transfer or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Human Resources Director: The person designated by
the County Administrator to serve as the Assistant County
Administrator-Human Resources Director.
CCCEA LOCAL NO. 1 - 2 - 1995-99 MOU
Eligible,: Any person whose =riclme is on an employment
or reemployment or layoff lst_�for a given class.
Employee: A person who is an incumbent of a position or
who is on leave of absence in accordance with provisions
of this MOU and whose position is held pending his return.
Employment List: A list of persons who have been found
qualified for employment in a specific class.
Layoff List: A list of persons who have occupied positions
allocated to a class in the Merit System and who have
been involuntarily separated by layoff or displacement or
demoted by displacement, or have voluntarily demoted in
lieu of layoff or displacement, or have transferred in lieu of
layoff or displacement.
Permanent-Intermittent Position: Any position which
requires the services of an incumbent for an indefinite
period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite
period but on a regularly scheduled less than full-time
basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
Project Employee: An employee who is engaged in a
time limited program or service by reason of limited or
restricted funding. Such positions are typically funded
from outside sources but may be funded from County
CCCEA LOCAL NO. 1 - 3 - 1995-99 MOU
revenues.
Promotion: The change of, a permanent employee to
another position in a class allocated to a salary range for
which the top step is higher than the top step of the class
which the employee formerly occupied, except as
provided for under Transfer or as otherwise provided for in
this MOU, in the Personnel Management Regulations, or
in specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling
for the regular full-time, part-time or intermittent
employment of a person.
Reallocation: The act of reassigning an individual
position from one class to another class at the same
range of the salary schedule or to a class which is
allocated to another range that is within five percent (5%)
of the top step, except as otherwise provided for in the
Personnel Management Regulations, deep class
resolutions or other ordinances.
Reclassification: The act of changing the allocation of a
position by raising it to a higher class or reducing it to a
lower class on the basis of significant changes in the kind,
difficulty or responsibility of' duties performed in such
position.
Reemployment List: A list of persons, who have
occupied positions allocated to any class in the merit
system and, who have voluntarily separated and are
qualified for consideration for reappointment under the
Personnel Management Regulations governing
reemployment.
CCCEA LOCAL NO. 1 - 4 -- 1995-99 MOU
Resignation: The voluntarj` termination of permanent
employment with the Count'
Temporary Employment: Any employment in the Merit
System which will require the services of an incumbent for
a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has
permanent status in a position to another position in the
same class in a different department, or to another
position in a class which is allocated to a range on the
salary plan that is within five percent (5%) at top step as
the class previously occupied by the employee.
SECTION 1 - UNION RECOGNITION
The Union is the . formally recognized employee
organization for the representation units listed below, and
such organization has been certified as such pursuant to
Board of Supervisors' Resolution 81/1165.
Agriculture and Animal Control Unit
Attend ant-LVN-Aide Unit
Building Trades Unit
Child Development Unit
Deputy Public Defenders Unit
Engineering Unit
General Services and Maintenance Unit
Head Start Unit
Health Services Unit
Investigative Unit
Legal and Court Clerk Unit
CCCEA LOCAL NO. 1 - 5 - 1995-99 MOU
Library Unit
Probation Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. - Pursuant to Board of
Supervisors' Resolution 8111165, only a majority
representative may have dues deduction and as such the
Union has the exclusive privilege of dues deduction or
agency fee deduction for all employees in its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide
fair and nondiscriminatory representation to all
employee in all classes in the units for which this
section is applicable regardless of whether they
are members of the Union.
B. All employees employed in a representation unit
on or after the effective date of this MOU and
continuing until the termination of the MOU, shall
as a condition of employment either:
1 . Become and remain a member of the Union
or;
2. Pay to the Union, an agency shop fee in an
amount which does not exceed an amount
which may be lawfully collected under
applicable constitutional, statutory, and case
law, which under no circumstances shall
exceed the monthly dues, initiation fees and
CCCEA LOCAL NO. 1 - 6 - 1995-99 MOU
general assessments made during the
duration of this MOU. It shall be the sole
responsibility of the Union to determine an
agency shop fee which meets the above
criteria; or
3. Do both of the following:
a. Execute a written declaration that the
employee is a member of a bona fide
religion, body or sect which has
historically held a conscientious
objection to joining or financially
supporting any public employee
organization as a condition of
employment; and
b. Pay.a sum equal to the agency shop fee
described in Section 2.2.13.2 to a non-
religious, non-labor, charitable fund
chosen by the employee from the
following charities: Family and
Children's Trust Fund, Child Abuse
Prevention Council and Battered
Women's Alternative.
C. The Union shall provide the County with a copy
of the Union's Hudson Procedure for the
determination and protest of its agency shop
fees. The Union shall provide a copy of said
Hudson Procedure to every fee payer covered by
this MOU within one month from the date it is
approved and annually thereafter, and as a
condition to any change in the agency shop fee.
CCCEA LOCAL NO. 1 - 7 - 1995-99 MOU
Failure by an employee to invoke the Union's
Hudson Procedure within one month after actual
notice of the Hudson Procedure shall be a waiver
by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply
during periods that an employee is separated
from the representation unit but shall be
reinstated upon the return of the employee to the
representation unit. The term separation includes
transfer out of the unit, layoff, and leave of
absence with a duration of more than thirty (30)
days.
E. Annually, the Union shall provide the Human
Resources Director with copies of the financial
report which the Union annually files with the
California Public Employee Relations Board.
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 fiscal year shall
result in the termination of all agency shop fee
deductions without jeopardy to any employee,
until said report is filed, and upon mutual
agreement, this time limit may be extended to
one hundred twenty (120) days.
F. Compliance.
1 . An employee employed in or hired into a job
class represented by the Union shall be
provided with an Employee Authorization for
Payroll Deduction card by the Human
CCCEA LOCAL NO. 1 - 8 - 1995-99 MOU
Resources Department.
2. If the form authorizing payroll deduction is
not returned within thirty (30) calendar days
after notice of this agency shop fee provision
and the union dues, agency shop fee,
initiation fee or charitable contribution
required under Section 2.2.13.3 are not
received, the Union may, in writing, direct
that the County withhold the agency shop
fee and the initiation fee from the
employee's salary, in which case the
employee's monthly salary shall be reduced
by an amount equal to the agency shop fee
and the County shall pay an equal amount to
the Union.
G. The Union shall indemnify, defend, and save
the County harmless against any and all
claims, demands, suits, orders, or
judgments, or other forms of liability that
arise out of or by reason of this union
security section, or action taken or not taken
by the County under this Section. This
includes, but is not limited to, the County's
Attorneys' fees and costs. The provisions of
this subsection shall not be subject to the
grievance procedure following the adoption
of this MOU by the County Board of
Supervisors.
H. The County Human Resources Department
shall monthly furnish a list of all new hires to
the Union.
CCCEA LOCAL NO. 1 - 9 - 1995-99 MOU
I. In the event that employees in a bargaining
unit represented by the Union vote to
rescind Agency Shop, the provisions of
Section 2.4 and 2.5 shall apply to dues-
paying members of the Union.
2.3 Dues Form. Employees hired on or after
October 1 , 1981 , in classifications assigned to units
represented by the Union shall, as a condition of
employment, complete a Union dues authorization card
provided by the Union and shall have deducted from their
paychecks the membership dues of the Union. Said
employees shall have thirty (30) days from the date of hire
to decide if he/she does not want to become a member of
the Union. Such decision not to become a member of the
Union must be made in writing to the Auditor-Controller
with a copy to the Labor Relations Service Unit within said
thirty (30) day period. If the employee decides not to
become a member of the Union, any Union dues
previously deducted from the employee's paycheck shall
be returned to the employee and said amount shall be
deducted from the next dues deduction check sent to the
Union. If the employee does not notify the County in
writing of the decision not to become a member within the
thirty (30) day period, he/she shall be deemed to have
voluntarily agreed to pay the dues of the Union.
Each such dues authorization form referenced above shall
include a statement that the Union and the County have
entered into a MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition
of employment, and that such authorization may be
revoked within the first thirty (30) days of employment
upon proper written notice by the employee within said
CCCEA LOCAL NO. 1 _ 10 - 1995-99 MOU
thirty (30) day period as . '§6t ;forth above. Each such
employee shall, upon comp"letion of the authorization
form,' receive a copy of said "authorization form which shall
be deemed proper notice of his/her right to- revoke said
authorization.
2.4 Maintenance of Membership. All employees in
units represented by the Union who are currently paying
dues to the Union and all employees in such units who
hereafter become members of the Union shall as a
condition of continued employment pay dues to the Union
for the duration of this MOU and each year thereafter so
long as the Union continues to represent the position to
which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance
with Section 2.5.
2.5 Withdrawal - of Membership. By notifying the
Auditor-Controller's Department in writing, between
August 1 and August 31 , 1999, any employee may
withdraw from Union membership and discontinue paying
dues as of the payroll period, commencing September 1 ,
1999 discontinuance of dues payments to then be
reflected in the October 10, 1999 paycheck. Immediately
upon close of the above mentioned thirty (30) day period
the Auditor-Controller shall submit to the Union a list of
the employees who have rescinded their authorization for
dues deduction. This can only be accomplished if and
when agency shop would be rescinded.
2.6 Communicating With Employees. The Union
shall be allowed to use designated portions of bulletin
boards or display areas in public portions of County
buildings or in public portions of offices in which there are
CCCEA LOCAL NO. 1 - 11 - 1995-99 MOU
employees represented by the Union, provided the
communications displayed have to do with official
organization business such as times and places of
meetings and further provided that the employee
organization appropriately posts and removes the infor-
mation. The department head reserves the right to remove
objectionable materials after notification to and discussion
with the Union.
Representatives of the Union, not on County time, shall
be permitted to place a supply of employee literature at
specific locations in County buildings if arranged through
the Department Head or designated representative; said
representatives may distribute employee organization
literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed
method of distribution are compatible with the work
environment and work in progress. Such placement
and/or distribution shall not be performed by on duty
employees.
The Union shall be allowed access to work locations in
which it represents employees for the following purposes:
a. To post literature on bulletin boards.
b To arrange for use of a meeting room.
C. To leave and/or distribute a supply of literature
as indicated above.
d. To represent an employee on a grievance,
and/or to contact a union officer on a matter
within the scope of representation.
CCCEA LOCAL NO. 1 - 12 - 1995-99 MOU
In the application of this : provision, it is agreed and
understood that in each - - such instance advance
arrangements, including, disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area,
and the visit will not interfere with County services.
2.7 Use of County Buildings. The Union shall be
allowed the use of areas normally used for meeting
purposes for meetings of County employees during non-
work hours when:
a. Such space is available.
b. There is no additional cost to the County.
C. It does not interfere with normal County
operations.
d. Employees in attendance are not on duty and are
not scheduled for duty.
e. The meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Union shall maintain proper order at the meeting, and see
that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally
used in the conduct of business meetings, such as desks,
chairs, ashtrays, and blackboards) is strictly prohibited,
even though it may be present in the meeting area.
CCCEA LOCAL NO. 1 - 13 - 1995-99 MOU
2.8 Advance Notice. The Union shall, except in
cases of emergency, have the right to reasonable notice
of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and
commissions appointed by the Board, and to meet with
the body considering the matter.
The listing of an item on a public agenda, or the mailing of
a copy of a proposal at least seventy-two (72) hours
before the item will be heard, or the delivery of a copy of
the proposal at least twenty-four (24) hours before the
item will be heard, shall constitute notice.
In cases of emergency when the Board, or boards and
commissions appointed by the Board, determines it must
act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical
after its action.
2.9 Written Statement for New Employees. The
County will provide a written statement to each new
employee hired into a classification in any of the
bargaining units represented by the Union, that the
employee's classification is represented by the Union and
the name of a representative of the Union. The County
will provide the employee with a packet of information
which has been supplied by the Union and approved by
the County.
2.10 Assignment of Classes to Bargaining Units.
The County shall assign new classes in accordance with
the following procedure:
CCCEA LOCAL NO. 1 - 14 - 1995-99 MOU
a. Initial Determination: When a new class title is
established, the Labor Relations Manager shall
review the composition of existing representation
units to determine the appropriateness of
including some or all of the employees in the new
class in one or more existing representation
units, and within a reasonable period of time
shall notify all recognized employee
organizations of his determination.
b. Final Determination. His/her determination is
final unless within ten (10) days after notification
a recognized employee organization requests in
writing to meet and confer thereon.
C. Meet and Confer and other Steps. He/she shall
meet and confer with such requesting
organizations (and with other recognized
employee organizations . where appropriate) to
seek agreement on this matter within sixty (60)
days after the ten (10) day period in Subsection
B, unless otherwise mutually agreed. Thereafter,
the procedures in cases of disagreement,
arbitration referral and expenses, and criteria for
determination shall conform to Board of
Supervisor's Resolution 81/1165.
2.11 Section 18 of 1977-79 MOU. Section 18 of the
1977-1979 MOU between the County and Local No. 1
shall be continued for the duration of this MOU and shall
be applicable to all units currently represented by Local
No. 1 .
CCCEA LOCAL NO. 1 - 15 - 1995-99 MOU
a. Initial Determination. When a new class title is
established, the Labor Relations Manager shall
review the composition of existing representation
units to determine the appropriateness of
including some or all of the employees in the new
class in one or more existing representation
units, and within a reasonable period of time
shall notify all recognized employee
organizations of his determination.
b. Final Determination. His/her determination is
final unless within ten (10) days after notification
a recognized employee organization requests in
writing to meet and confer thereon.
C. Meet and Confer and other Steps. He/she shall
meet and confer with such requesting
organizations (and with other recognized
employee organizations where appropriate) to
seek agreement on this matter within sixty (60)
days after the ten (10) day period in Subsection
B, unless otherwise mutually agreed. Thereafter,
the procedures in cases of disagreement,
arbitration referral and expenses, and criteria for
determination shall conform to Board of
Supervisor's Resolution 81/1165.
2.11 Section 18 of 1977-79 MOU. Section 18 of the
1977-1979 MOU between the County and Local No. 1
shall be continued for the duration of this MOU and shall
be applicable to all units currently represented by Local
No. 1 .
CCCEA LOCAL NO. 1 - 15 - 1995-99 MOU
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH
DISABILITIES ACT
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 disability unless
that disability prevents the person from meeting the
minimum standards established for the position or from
carrying out the duties of the position safely.
The Employer and the Union recognize that the Employer
has an obligation to reasonably accommodate disabled
employees. If by reason of the aforesaid requirement the
Employer contemplates actions to provide reasonable
accommodation to an individual employee in compliance
with the ADA which are in conflict with any provision of
this Agreement, the Union will be advised of such
proposed accommodation. Upon request, the County will
meet and confer with the Union on the impact of such
accommodation. If the County and the Union 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 ADA.
CCCEA LOCAL NO. 1 - 16 - 1995-99 MOU
SECTION 4 - SHOP STEWARDS & OFFICIAL
REPRESENTATIVES
4.1 Attendance at Meetings. Employees
designated as shop stewards or official representatives of
the Union shall be allowed to attend meetings held by
County agencies during regular working hours on County
time as follows:
a. If their attendance is required by the County at a
specific meeting, including meetings of the Board
of Supervisors.
b. If their attendance is sought by a hearing body or
presentation of testimony or other reasons.
C. If their attendance is required for meetings
scheduled at reasonable times agreeable to all
parties, required for settlement of grievances
filed pursuant to Section 25 - Grievance
Procedure of this MOU.
d. If they are designated as a shop steward, in
which case they may utilize a reasonable time at
each level of the proceedings to assist an
employee to present a grievance provided the
meetings are scheduled at reasonable times
agreeable to all parties.
e. If they are designated as spokesperson or
representative of the Union and as such make
representations or presentations at meetings or
hearings on wages, salaries and working
conditions; provided in each case advance
CCCEA LOCAL NO. 1 - 17 - 1995-99 MOU
arrangements for time away from the employee's
work station or assignment are made with the
appropriate department head, and the County
agency calling the meeting is responsible for
determining that the attendance of the particular
employee(s) is required, including meetings of
the Board of Supervisors and Retirement Board
where items which are within the scope of
representation and involving Local No. 1 are to
be discussed.
f. Shop stewards and union officials shall advise,
as far in advance as possible, their immediate
supervisor, or his/her designee, of their intent to
engage in union business. All arrangements for
release time shall include the location, the
estimated time needed and the general nature of
the union business involved (e.g. grievance
meeting, Skelly hearing).
4.2 Union-Sponsored Training Programs. The
County shall provide a maximum of two hundred forty
(240) hours per year of release time for union designated
stewards or officers to attend union-sponsored training
programs.
Requests for release time shall be provided in writing to
the Department and the County Human Resources
Department at least fifteen (15) days in advance of the
time requested. Department Heads will reasonably
consider each request and notify the affected employee
whether such request is approved within one (1 ) week of
receipt.
CCCEA LOCAL NO. 1 _ 18 - 1995-99 MOU
4.3 Union Representatives. Official representatives
of the Union shall be allowed time off on County time for
meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the
Labor Relations Manager or other management
representatives on matters within the scope of
representation, provided that the number of such
representatives shall not exceed the below specified limits
without prior approval of the Labor Relations Officer, and
that advance arrangements for the time away from the
work station or assignment are made with the appropriate
Department Head.
Agriculture and Animal Control 2
Attendant-LVN-Aide 2
Building Trades 2
Child Development 2
Deputy Public Defenders 1
Engineering 2
General Services and Maintenance 6
Head Start 2
Health Services 5
Investigative 2
Legal and Court Clerk 1
Library 2
Probation 2
SECTION 5 - SALARIES
5.1 General Waqe Increases.
A. Cost of Livinq Adjustment. Effective on the dates
indicated, each represented classification shall
CCCEA LOCAL NO. 1 - 19 - 1995-99 MOU
be increased as indicated. These increases shall
not apply to employees in the Head Start and
Child Development units whose salaries are
determined separately as noted in their
respective Unit Items under Section 5.7.
July 1 , 1996: 30 level increase (3.0439%)
October 1 , 1997: 20 level increase (2.0191 %)
plus Tier III Retirement
or
30 level increase (3.0439%)
October 1 , 1998: 35 level increase (3.5602%)
B. 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.
CCCEA LOCAL NO. 1 - 20 - 1995-99 MOU
C. Special Equity Adjustments. In addition to the
increases noted above in A, the classes listed
below shall be increased on the dates indicated
by the number of levels indicated:
Class Levels Date
Forensic Toxicologist 1 20 07/01/96 &
10/01/98
Forensic Toxicologist 11 20 07/01/96 &
10/01/98
Forensic Toxicologist III 20 07/01/96 &
10/01/98
Lead Electrician 40 12/01/96
Lead Steamfitter 40 12/01/96
Lead Painter 40 12/01/96
Lead Carpenter 40 12/01/96
Cytotechnologist 49 12/01196
Sr. Cytotechnologist 49 12/01/96
Histotechnologist 49 12/01/96
Auditor/Appraiser 11 10 11/01/97 &
01/01/98
Sr. Auditor/Appraiser 10 11/01/97 &
01/01/98
5.2 Pay Equity. New Pay Equity Master Agreement.
The County and the below listed Employee Organizations
CCCEA LOCAL NO. 1 - 21 - 1995-99 MOU
which participated in the Pay Equity Study jointly agree to
provisions in this new Pay Equity Master Agreement
executed in May 1995.
In executing this agreement, both the County and the
participating Employee Organizations (CCCEA Local One,
AFSCME Locals 2700 and 512, SEIU 535, California
Nurses Association, Western Council of Engineers and
the Appraisers' Association) state their intent that (1) the
provisions of the Pay Equity Master Agreement contained
herein shall stand separate from other terms and
conditions of employment which may be negotiated and
adopted in Memoranda of Understanding between the
County and the individual participating Employee
Organizations and that (2) the provisions of the Pay Equity
Master Agreement will remain in place as the basis under
which all represented pay equity classes will be granted
adjustments until all remaining classes reach the trend
line or until such time as the parties mutually agree to
modify or terminate this agreement.
This agreement shall be presented to the Contra Costa
County Board of Supervisors as the joint recommendation
of the undersigned.
I . Scope of Agreement
The County and the participating Employee
Organizations agree that provisions contained
herein will fully supersede and replace the
February 1993 Supplemental MOU on Pay
Equity.
CCCEA LOCAL NO. 1 - 22 - 1995-99 MOU
2. Adoption of Fixed Payout Formula
The . County and the participating Employee
Organizations agree to adopt a pay equity fixed
payout formula described below in 3 which will
remain in effect until all pay equity classes are
adjusted to the trend line, or until such time as
the parties mutually agree to modify or terminate
this agreement.
3. Operation of Formula
The pay equity fixed payout formula shall be
computed as follows: The annual value of the
general salary increase for all classifications
represented only by the participating Employee
Organizations (CCCEA Local No. 1 , AFSCME
Locals 2700 and 512, SEIU Local 535, California
Nurses Association, Western Council of
Engineers, and the Appraisers' Association) and
Management and Unrepresented employees,
shall be totaled and multiplied by a factor of
twenty percent (20%).
The fixed amount of money derived from this
calculation shall constitute the total pay equity
increase for all classes below the trend line
represented by the participating Employee
Organizations and for all Management and
Unrepresented classes below the trend line.
The manner in which the pay equity increase will
be distributed to all represented classes below
the trend line shall be determined by the
CCCEA LOCAL NO. 1 - 23 - 1995-99 MOU
participating Employee Organizations who shall
consider only (1) whether classes farthest from
the trend line shall receive a greater percentage
adjustment than classes closer to the trend line,
and (2) at what percentage distance below the
trend line to apply any differing percentage
adjustment.
If upon review, the County finds that the manner
in which the Employee Organizations have
structured the distribution is unacceptable, the
County and the Employee Organizations shall
meet and confer.
4. Effective Dates.
The County agrees that any pay equity increases
will be effective ninety (90) days from the
effective date of any general salary increases.
5. Indemnification
Each participating union will promise not to bring
or support comparable worth or pay equity
litigation against Contra Costa County or any
agent, servant, officer, or employee of Contra
Costa County and further promise that in the
event litigation advancing comparable worth or
pay equity claims is brought against the County
or any of its agents, servant, officers, or
employees, within five (5) years from the
effective date of this agreement between the
County and the participating Employee
Organizations, by any person(s) employed or
formerly employed in a class(es) represented by
CCCEA LOCAL NO. 1 - 24 - 1995-99 MOu
the participating unions, the union(s)
representing such class(es) shall each pay up to
five thousand dollars ($5000) of the County's
attorney fees and costs; provided that the union
is not named as a co-defendant in such litigation.
5.3 Entrance Salary. Except as otherwise permitted
in deep class resolutions, new employees shall generally
be appointed at the minimum step of the salary range
established for the particular class of position to which the
appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum
of the range if mutually agreeable guidelines have been
developed in advance or the Human Resources Director
offers to meet confer with the Union on a case by case
basis each time prior to formalizing the appointment.
5.4 Anniversary Dates. Except as may otherwise
be provided for in deep class resolutions, anniversary
dates will be set as follows:
a. New Employees. The anniversary date of a new
employee is the first day of the calendar month
after the calendar month when the employee
successfully completes six (6) months service
provided however, if an employee began work on
the first regularly scheduled workday of the
month the anniversary date is the first day of the
calendar month when the employee successfully
completes six (6) months service.
b. Promotions. The anniversary date of a promoted
employee is determined as for a new employee
in Subsection 5.4.a above.
CCCEA LOCAL NO. 1 - 25 - 1995-99 MOU
c. Demotions. The "anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion was
effective.
d. Transfer, Reallocation & Reclassification. The
anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified to a
class allocated to the same salary range or to a
salary range which is within five percent (5%) of
the top step of the previous classification,
remains unchanged.
e. Reemployments. The anniversary of an
employee appointed from a reemployment list to
the first step of the applicable salary range and
not required to serve a probation period is
determined in the same way as the anniversary
date is determined for a new employee who is
appointed the same date, classification and step
and who then successfully completes the
required probationary period.
f. Notwithstanding other provisions of this Section
5, the anniversary of an employee who is
appointed to a classified position from outside
the County's merit system at a rate above the
minimum salary for the employee's new class, or
who is transferred from another governmental
entity to this County's merit system, is one (1)
year from the first day of the calendar month
after the calendar month when the employee was
appointed or transferred; provided however,
CCCEA LOCAL NO. 1 - 26 - 1995-99 MOU
when the appointment or transfer is effective on
the employee's first regularly scheduled work day
of that month, his/her anniversary is one (1 ) year
after the first calendar day of that month.
5.5 Increments Within Range. The performance of
each employee, except those of employees already at the
maximum salary step of the appropriate salary range,
shall be reviewed on the anniversary date as set forth in
Section 5.4 to determine whether the salary of the
employee shall be advanced to the next higher step in the
salary range. Advancement shall be granted on the
affirmative recommendation of the appointing authority,
based on satisfactory performance by the employee. The
appointing authority may recommend denial of the
increment or denial subject to one additional review at
some specified date before the next anniversary which
must be set at the time the original report is returned.
Except as herein provided, increments within range shall
not be granted more frequently than once a year, nor shall
more than one (1 ) step within-range increment be granted
at one time, except as otherwise provided in deep class
resolutions. In case an appointing authority recommends
denial of the within range increment on some particular
anniversary date, but recommends a special salary review
at some date before the next anniversary the special
salary review shall not affect the regular salary review on
the next anniversary date. Nothing herein shall be
construed to make the granting of increments mandatory
on the County. If an operating department verifies in
writing that an administrative or clerical error was made in
failing to submit the documents needed to advance an
employee to the next salary step on the first of the month
CCCEA LOCAL NO. 1 - 27 - 1995-99 MOU
when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.6 Part-Time Compensation. A part-time employee
shall be paid a monthly salary in the same ratio to the full-
time monthly rate to which the employee would be entitled
as a full-time employee under the provisions of this
Section 5 as the number of hours per week in the
employee's part-time work schedule bears to the number
of hours in the full-time work schedule of the department.
5.7 Compensation for Portion of Month. Any
employee who works less than any full calendar month,
except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount
which is in the same ratio to the established monthly rate
as the number of days worked is to the actual working
days in such employee's normal work schedule for the
particular. month; but if the employment is intermittent,
compensation shall be on an hourly basis.
5.8 Position Reclassification. An employee who is
an incumbent of a position which is reclassified to a class
which is allocated to the same range of the basic salary
schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range
as the employee received under the previous
classification.
An incumbent of a position which is reclassified to a class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as
before the reclassification, but if such salary is greater
than the maximum of the range of the class to which the
CCCEA LOCAL NO. 1 - 28 - 1995-99 MOU
position has been reclassified, the salary of the incumbent
shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position
which is reclassified to a class which is allocated to a
range of the basic salary schedule greater than the range
of the class of the position before it was reclassified shall
be governed by the provisions of Section 5.10 - Salary on
Promotion.
5.9 Salary Reallocation and Salary on
Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is reallocated to a
salary range above or below that to which it was
previously allocated, when the number of steps
remain the same, shall be compensated at the
same step in the new salary range the employee
was receiving in the range to which the class was
previously allocated. If the reallocation is from
one salary range with more steps to a range with
fewer steps or vice versa, the employee shall be
compensated at the step on the new range which
is in the same percentage ratio to the top step of
the new range as was the salary received before
reallocation to the top step of the old range, but
in no case shall any employee be compensated
at less than the first step of the range to which
the class is allocated.
B. In the event that a classification is reallocated
from a salary range with more steps to a salary
range with fewer steps on the salary schedule,
apart from the general salary increase or
CCCEA LOCAL NO. 1 - 29 - 1995-99 MOu
decrease described in Section 5.9.A above, each
incumbent of a position in the reallocated class
shall be placed upon the step of the new range
which equals the rate of- pay received before the
reallocation. In the event that the steps in the
new range do not contain the same rates as the
old range, each incumbent shall be placed at the
step of the new range which is next above the
salary rate received in the old range, or if the
new range does not contain a higher step, at the
step which is next lower than the salary received
in the old range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated
to a salary range the same as above or below
the salary range of the employee's previous
class, the incumbent shall be placed received in
the old range at the step in the new class which
equals the rate of pay received before
reallocation. In the event that the steps in the
range for the new class do not contain the same
rates as the range for the old class, the
incumbent shall be placed at the step of the new
range which is next above the salary rate
received in the old range; or if the new range
does not contain a higher step, the incumbent
shall be placed at the step which is next lower
than the salary.
D. In the event of reallocation to a deep class, the
provisions of the deep class resolution and
incumbent salary allocations, if any, shall
supersede Section 5. 10.
CCCEA LOCAL NO. 1 - 30 - 1995-99 MOU
5.10 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 5.14, 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 employe_ a 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.
5.11 Salary on Involuntary Demotion. Any employee
who is demoted, except as provided under Section 5.12,
shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he/she
has been demoted next lower than the salary received
before demotion. In the event this decrease is less than
five percent (5%), the employee's salary shall be adjusted
to the step in the new range which is five percent (5%)
less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the
lower class.
CCCEA LOCAL NO. 1 - 31 - 1995-99 MOU
Whenever the demotion is the result of layoff, cancellation
of positions or displacement by another employee with
greater seniority rights, the salary of the demoted
employee shall be that step on the salary range which
he/she would have achieved had he/she been
continuously in the position to which he/she has been
demoted, all within-range increments having been
granted.
5.12 Salary on Voluntary Demotion. Whenever any
employee voluntarily demotes to a position in a class
having a salary schedule lower than that of the class from
which he or she demotes, his or her salary shall remain
the same if the steps in his or her new (demoted) salary
range permit, and if not, the new salary shall be set at the
step next below former salary.
5.13 Transfer. An employee who is transferred from
one position to another as described under Transfer shall
be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer.
In the event that the steps in the range for the new class
do not contain the same rates as the range for the old
class, the employee shall be placed at the step of the new
range which is next above the salary rate received in the
old range; or if the new range does not contain a higher
step, the employee shall be placed at the step which is
next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a
deep class, as provided in the appropriate deep class
resolutions, the salary of the employee shall be set as
provided in the deep class resolutions at a step not to
CCCEA LOCAL NO. 1 - 32 - 1995-99 MOU
exceed a five percent (5%) increase in the employee's
base salary.
However, if the deep class transfer occurs to or from a
deep class with specified levels identified for certain
positions and their incumbents, the employee's salary in
the new class shall be set in - accordance with the section
on Salary on Promotion if the employee is transferring to
another class or to a level in a deep class for which the
salary is at least five percent (5%) above the top base
step of the deep class level or class in which they have
status currently.
5.14 Pay for Work in Higher Classification. When
an employee in a permanent position in the merit system
is required to work in a classification for which the
compensation is greater than that to which the employee
is regularly assigned, the employee shall receive
compensation for such work at the rate of pay established
for the higher classification pursuant to Subsection 5.10 -
Salary on Promotion of this Memorandum, commencing
on the 73rd consecutive hour in the assignment, under the
following conditions:
a. The employee is assigned to a program, service
or activity established by the Board of
Supervisors which is reflected in an authorized
position which has been classified and assigned
to the Salary Schedule.
b. The nature of the departmental assignment is
such that the employee in the lower classification
becomes fully responsible for the duties of the
position of the higher.classification.
CCCEA LOCAL NO. 1 - 33 - 1995-99 MOU
C. Employee selected for the assignment will
normally be expe6ted to meet the minimum
qualifications for the higher classification.
d. Pay for work in a higher classification shall not be
utilized as a promotional procedure provided in
this Memorandum.
e. Higher pay assignments shall not exceed six (6)
months except through reauthorization.
f. If approval is granted for pay for work in a higher
classification and in a higher classification and
the assignment is terminated and later
reapproved for the same employee within thirty
(30) days no additional waiting period will be
required.
g. Any incentives (e.g., the education incentive) and
special differentials (e.g., bilingual differential
and hazardous duty differential) accruing to the
employee in his/her permanent position shall
continue.
h. During the period of work for higher pay in a
higher classification, an employee will retain
his/her permanent classification, and anniversary
and salary review dates will be determined by
time in that classification; 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
CCCEA LOCAL NO. 1 - 34 - 1995-99 MOU
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.
i, Allowable overtime pay, shift differentials and/or
work location differentials will be paid on the
basis of the rate of pay for the higher class.
5.15 Payment. On the tenth (10th) day of each
month, the Auditor will draw a warrant upon the Treasurer
in favor of each employee for the amount of salary due
the employee for the preceding month; provided, however,
that each employee (except those paid on an hourly rate)
may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the
twenty-fifth (25th) day of each month, draw his/her warrant
upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third
(1/3) or less (at the option of the employee) of the
employee's basic salary of the previous month except that
it shall not exceed the amount of the previous month's
basic salary less all requested or required deductions.
The election to receive the advance shall be made on the
prescribed form (form M-208, revised 5/81 ) and submitted
by the fifteenth (15th) of the month to the department
payroll clerk who will forward the card with the Salary
Advance Transmittal/Deviation Report to the Auditor-
Controller payroll section.
Such an election would be effective in the month of the
submission and would remain effective until revoked.
CCCEA LOCAL NO. 1 - 35 - 1995-99 MOU
In the case of an election made pursuant to this Section
5.15 all required or requested: deductions from salary shall
be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty (40)
hours between 12:01 a.m. Monday to 12:00 midnight
Sunday, usually five (5) eight (8) hour days; for twenty-
four (24) hour shift employees of the Health Services
Department, the normal work week is forty (40) hours
between 12:01 a.m. Sunday to 12:00 midnight Saturday.
However, where operational requirements of a department
require deviations from the usual pattern of five (5) eight
(8) hour days per work week, an employee's work hours
may be scheduled to meet these requirements. The
Department Head shall prepare written schedules in
advance to support all deviations encompassing the
complete operational cycle contemplated.
The work week for employees in the 4/10 shift is four (4)
ten (10) hour working days during a work week consisting
of any seven (7) day period. If the County . wants to
eliminate any existing 4/10 shift and substitute a 5/8 shift
or to institute a 4/10 shift which does not allow for three
(3) consecutive days off (excluding overtime days or a
change of shift assignment), or change existing work
schedules or existing hours of work, it will meet and confer
with the Union prior to implementing said new shift or
hours change. This obligation does not apply where there
is an existing system for reassigning employees to
different shifts or different starting/stopping times. Nothing
CCCEA LOCAL NO. 1 - 36 - 1995-99 MOU
herein prohibits affected employees and their supervisor
from mutually agreeing on a change in existing hours of
work provided other employees are not adversely
impacted.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty (40) hours per week or eight
(8) hours per day. Overtime for 4/10 shift employees is
any work performed beyond ten (10) hours per day or
forty (40) hours per week. All overtime shall be comp-
ensated for at the rate of one and one-half (1 -1/2) times
the employee's base rate of pay (not including shift and
other special differentials).
Overtime for permanent employees is earned and
credited in a minimum of one-tenth hour increments and is
compensated by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in
positions which work around the clock (such as the
County hospital, the Sheriffs office and jails, and the
juvenile hall and boys' ranch) shall be provided a choice
as to whether they shall be paid at the overtime rate or
shall receive compensatory time off at the rate of one and
one-half (1 -1/2) hours compensatory time off for each
hour worked. Such compensatory time off, and the
accumulation thereof shall be in addition to the total
vacation accumulation permitted under the terms of this
MOU. The specific provision of this accumulation are set
forth in Section 12.5 of this MOU. Regular overtime for
twenty-four (24) hour institutional employees may be
CCCEA LOCAL NO. 1 - 37 - 1995-99 MOU
accrued as compensatory time in accordance with Section
7.2 of this MOU.
7.2 Compensatory Time. The following provisions
shall apply:
a. Employees may periodically elect to accrue
compensatory time off in lieu of overtime pay.
Eligible employees must notify their Department
Head or his or her designee of their intention to
accrue compensatory time off or to receive
overtime pay at least thirty (30) days in advance
of the change.
b. The names of those employees electing to
accrue compensatory time off shall be placed on
a list maintained by the Department. Employees
who become eligible (i.e., newly hired
employees, employees promoting, demoting,
etc.) for compensatory time off in accordance
with these guidelines must elect to accrue
compensatory time or they will be paid for
authorized overtime hours worked.
C. Compensatory time off shall be accrued at the
rate of one and one-half (1 -1/2) times the actual
authorized overtime hours worked by the
employee.
d. Employees may not accrue a compensatory time
off balance that exceeds one hundred twenty
(120) hours (i.e., eighty (80) hours at time and
one-half). Once the maximum balance has been
attained, authorized overtime hours will be paid
CCCEA LOCAL NO. 1 _ 38 - 1995-99 MOU
at the overtime rate. If the employee's balance
falls below one hundred twenty (120) hours, the
employee shall again accrue compensatory time
off for authorized overtime hours worked until the
employee's balance again reaches one hundred
twenty (120) hours.
e. Accrued compensatory time off shall be carried
over for use in the next fiscal year; however, as
provided in D above`, accrued compensatory time
off balances may not exceed one hundred twenty
(120) hours.
f. The use of accrued compensatory time off shall
be by mutual agreement between the
Department Head or his/her designee and the
employee. Compensatory time off shall not be
taken when the employee should be replaced by
another employee who would be eligible to
receive, for time worked, either overtime
payment or compensatory time accruals as
provided for in this Section. This provision may
be waived at the discretion of the Department
Head or his or her designee.
g. When an employee promotes, demotes or
transfers from one classification eligible for
compensatory time off to another classification
eligible for compensatory time off within the
same department, the employee's accrued
compensatory time off balance will be carried
forward with the employee.
CCCEA LOCAL NO. 1 - 39 - 1995-99 MOU
h. Compensatory time, accrual balances will be paid
off when an employee moves from one
department to another through promotion,
demotion or transfer. Said payoff will be made in
accordance with the provisions and salary of the
class from which the employee is promoting,
demoting or transferring as set forth in I below.
i. Since employees accrue compensatory time off
at the rate of one and one-half (1 -1/2) hours for
each hour of authorized overtime worked, they
shall be paid their accrued hours of
compensatory time at the straight time rate of
pay whenever:
1 . The employee changes status and is no
longer eligible for compensatory time off.
2. The employee promotes, demotes or
transfer to another department.
3. The employee separates from County
service.
4. The employee retires.
j. The Office of the County Auditor-Controller will
establish timekeeping procedures to administer
this Section.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at
the appropriate rate for the actual time worked plus one
CCCEA LOCAL NO. 1 - 40 - 1995-99 MOu
(1) hour. Such employee called back shall be paid a
minimum of two (2) hours at the appropriate rate for each
call back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the
employee is actually on duty during which an employee is
not required to be on County premises but stand ready to
immediately report for duty and must arrange so that
his/her supervisor can reach him/her on ten (10) minutes
notice or less. An employee assigned to on-call time shall
be paid one (1) hour of straight time credit for each four
(4) hours of such on-call time unless otherwise provided in
the supplemental sections of this Agreement. Where on-
call arrangements exist, the Department Head shall
designate which employees are on-call unless otherwise
provided in the supplemental sections of this Agreement.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees
shall receive five percent (5%) above their base salary
rate.
To qualify for shift differential, an employee must have a
regularly assigned daily work schedule which requires:
a. Completion of more than one and one-half (1 -
1/2) hours over the normal actual working time;
or
CCCEA LOCAL NO. 1 - 41 - 1995-99 MOU
b. At least four (4) hours of actual working time from
5:00 p.m. through 9-400 a.m. inclusive. However,
employees who have been regularly working a
shift qualifying for shift differential immediately
preceding the commencement of a vacation,
paid sick leave period, paid disability or other
paid leave, will have shift differential included in
computing the pay for their leave. The paid leave
of an employee who is on a rotating shift
schedule shall include the shift differential that
would have been received had the employee
worked the shift for which the employee was
scheduled during such period. Shift differential
shall only be paid during paid sick leave and paid
disability as provided above for the first thirty (30)
calendar days of each absence.
SECTION 11 - WORKFORCE REDUCTION/LAYOFF/
REASSIGNMENT'
11 .1 Workforce Reduction. In the event that funding
reductions or shortfalls in funding occur in a department or
are expected, which may result in layoffs, the department
will notify the union and take the following actions:
a. Identify the classifications) in which position
reductions may be required due to funding
reductions or shortfalls.
b. Advise employees in those classifications that
position reductions may occur in their
classifications.
CCCEA LOCAL NO. 1 - 42 - 1995-99 MOU
C. Accept voluntary leaves of absence from
employees in those classifications which do not
appear to be potentially impacted by possible
position reductions when such leaves can be
accommodated by the department.
d. Consider employee requests to reduce their
position hours from full-time to part time to
alleviate the impact of the potential layoffs.
e. Approve requests for reduction in hours, lateral
transfers, and voluntary demotions to vacant,
funded positions in classes not scheduled for
layoffs within the department, as well as to other
departments not experiencing funding reductions
or shortfalls when it is a viable operational
alternative for the department(s).
f. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment Team (TET)
program to:
1 : Maintain an employee skills inventory bank
to be used as a basis for referrals to other
employment opportunities.
2. Determine if there are other positions to
which employees may be transferred.
3. Refer interested persons to vacancies which
occur in other job classes for which they
qualify and can use their layoff eligibility.
CCCEA LOCAL NO. 1 - 43 - 1995-99 MOU
4. Establish workshops to aid laid off
employees in areas such as resume
preparation, alternate career counseling, job
search strategy, and interviewing skills.
g. When it appears to the Department Head and/or
Labor Relations Manager that the Board of
Supervisors may take action which will result in
the layoff of employees in a representation unit,
the Labor Relations Manager shall notify the
Union of the possibility of such layoffs and shall
meet and confer with the Union regarding the
implementation of the action.
11 .2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having
permanent status in position(s) in the merit
service may be laid off when the position is no
longer necessary, or for reasons of economy,
lack of work, lack of funds or for such other
reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a
department shall be based on inverse seniority in
the class of positions, the employee in that
department with least seniority being laid off first
and so on.
CCCEA LOCAL NO. 1 - 44 - 1995-99 MOU
C. Layoff By Displacement.
1 . In the Same Class. A laid off permanent full-
time employee may displace an employee in
the department having less seniority in the
same class who occupies permanent-
intermittent or permanent part-time position,
the least senior employee being displaced
fi rst.
2. In the Same Level or Lower Class. A laid off
or displaced employee who had achieved
permanent status in a class at the same or
lower salary level as determined by the
salary schedule in effect at the time of layoff
may displace within the department and in
the class an employee having less seniority;
the least senior employee being displaced
first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent part-
time employees may displace only
employees holding permanent positions of
the same type respectively.
2. A permanent full-time employee may
displace any intermittent or part-time
employee with less seniority 1) in the same
class as provided in Section 11 .2.C.1 or, 2)
in a class of the same or lower salary level
as provided in Section 11 .2.C.2 if no full-time
CCCEA LOCAL NO. 1 - 45 - 1995-99 MOU
employee in a' class at the same or lower
salary level has less seniority than the
displacing employees.
3. Former permanent full-time employees who
have voluntarily become permanent part-
time employees for the purpose of reducing
the impact of a proposed layoff with the
written approval of the Human Resources
Director or designee retain their permanent
full-time employee seniority rights for layoff
purposes only and may in a later layoff
displace a full-time employee with less
seniority as provided in these rules.
E. Seniority. An employee's seniority within a class
for layoff and displacement purposes shall be
determined by adding the employee's length of
service in the particular class in question to the
employee's length of service in other classes at
the same or higher salary levels as determined
by the salary schedule in effect at the time of
layoff. Employees reallocated or transferred
without examination from one class to another
class having a salary within five percent of the
former class, shall carry the seniority accrued in
the former class into the new class. Employees
reallocated to a new deep class upon its initiation
or otherwise reallocated to a deep class because
the duties of the position occupied are
appropriately described in the deep class shall
carry into the deep class the seniority accrued or
carried forward in the former class and seniority
accrued in other classes which have been
CCCEA LOCAL NO. 1 - 46 - 1995-99 MOU
included in the deep class.
Service for layoff and displacement purposes
includes only the employee's last continuous
permanent County employment. Periods of
separation may not be bridged to extend such
service unless the separation is a result of layoff
in which case bridging will be authorized if the
employee is reemployed in a permanent position
within the employee's layoff eligibility. Approved
leaves of absence as provided for in these rules
and regulations shall not constitute a period of
separation. In the event of ties in seniority rights
in the particular class in question, such ties shall
be broken by length of last continuous
permanent County employment. If there remain
ties in seniority rights, such ties shall be broken
by counting total time in the department in
permanent employment. Any remaining ties
shall be broken by random selection among the
employees involved.
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 displacement, the person's name shall be
placed on the Layoff list for the class of positions
from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall
contain the names of persons laid off, displaced,
or demoted as a result of a layoff or
CCCEA LOCAL NO. 1 - 47 - 1995-99 MOU
displacement, or who have voluntarily demoted
or transferred in lieu of layoff or displacement, or
who have transferred in lieu of layoff or
displacement. Names shall be listed in order of
layoff seniority in the class from which laid off,
displaced demoted, or transferred on the date of
layoff, the most senior person listed first. In case
of ties in seniority, the seniority rules shall apply
except that where there is a class seniority tie
between persons laid off from different depart-
ments, the tie(s) shall be broken by length of last
continuous permanent County employment with
remaining ties broken by random selection
among the employees involved..
H. Duration of Layoff & Reemployment Rights. The
name of any person granted reemployment
privileges shall continue on the appropriate list
for a period of two (2) years. Persons placed on
layoff lists shall continue on the appropriate list
for a period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff
lists contain the name(s) of person(s) laid off,
displaced or demoted by displacement or volun-
tarily 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
CCCEA LOCAL NO. 1 - 48 - 1995-99 MOU
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.
J. Removal of Names from Layoff Lists. The
Human Resources Director may remove the
name of any eligible from a layoff list for any
reason listed below:
1 . For any cause stipulated in Section 404.1 of
the Personnel Management Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3. On receipt of a statement from the
appointing authority or eligible that the
eligible declines certification or indicates no
further desire for appointment in the class.
4. If three (3) offers of permanent appointment
to the class for which the eligible list was
established have been declined by the
eligible.
5. If the eligible fails to respond to the Human
Resources Director or the appointing
authority within days ten (10) days to written
notice of certification mailed to the person's
last known address.
CCCEA LOCAL NO. 1 - 49 - 1995-99 MOv
If the person on the reemployment or layoff
list is appointed to another position in the
same or lower classification, the name of the
person shall be removed. However, if the
first permanent appointment of a person on
a layoff list is to a lower class which has a
top step salary lower than the top step of the
class from which the person was laid off, the
name of the person shall not be removed
from the layoff list. Any subsequent
appointment of such person from the layoff
list shall result in removal of that person's
name.
K. Removal of Names from Reemployment and
Layoff Certifications. The Human Resources
Director may remove the name of any eligible
from a reemployment or layoff certification if the
eligible fails to respond within five (5) days to a
written notice of certification mailed to the
person's last known address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (14) work days notice
prior to their last day of employment.
11 .4 Special Employment Lists. The County will
establish a TET Employment Pool which will include the
names of all laid off County employees. Special
employment lists for job classes may be established from
the pool. Persons placed on a special employment list
must meet the minimum qualifications for the class. An
appointment from such a list will not affect the individual's
status on a layoff list(s).
CCCEA LOCAL NO. 1 - 50 - 1995-99 MOU
11 .5 Reassignment of Laid Off Employees.
Employees who displaced within the same classification
from full-time to part-time or intermittent status in a layoff,
or who voluntarily reduced their work hours to reduce the
impact of layoff, or who accepted a position of another
status than that from which they were laid off upon referral
from the layoff list, may request reassignment back to
their pre-layoff status (full- time or part-time or increased
hours). The request must be in writing in accord with each
department's reassignment in,
or selection process.
Employees will be advised of the reassignment procedure
to be followed to obtain reassignment back to their former
status at the time of the workforce reduction. The most
senior laid off employee in this status who requests such
a reassignment will be selected for the vacancy; except
when a more senior laid off individual remains on the
layoff list and has not been appointed back to the class
form which laid off, a referral from the layoff list will be
made to fill the vacancy.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the
following holidays:
a. January 1 st, known as New Year's Day
3rd Monday in January known as Dr. Martin Luther King, Jr. Day
3rd Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11 th, known as Veterans Day
4th Thursday in November, known as Thanksgiving
The day after Thanksgiving
December 25th, known as Christmas Day
CCCEA LOCAL NO. 1 - 51 - 1995-99 MOU
Such other days as the Board of Supervisors
may by resolution designate as holidays.
b. Each full-time employee shall accrue two (2)
hours of personal holiday credit per month. Such
personal holiday time may be taken in
increments of one-tenth hour, and preference of
personal holidays shall be given to employees
according to their seniority in their department as
reasonably as possible. No employee may
accrue more than forty (40) hours of personal
holiday credit. On separation from County
service, an employee shall be paid for any
unused personal holiday credits at the
employee's then current pay rate.
C. Employees in positions which work around the
clock shall in addition to those holidays specified
in Section 12.1 .a celebrate Admission _Day,
Columbus Day, and Lincoln's Day as holidays
but shall not accrue the two (2) hours per month
of personal holiday credit referenced in Section
12. 1 .b above.
12.2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to be applied:
a. Employees on the five (5) day forty (40) hour
Monday through Friday work schedule shall be
entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
b. Employees on a work schedule other than
Monday through Friday shall be entitled to credit
CCCEA LOCAL NO. 1 - 52 - 1995-99 MOU
for any holiday, whether worked or not, observed
by employees on the regular schedule;
conversely, such employees will not receive
credit for any holiday not observed by employees
on the regular schedule even though they work
the holiday.
C. Employees will be paid one and one-half (1 -1/2)
times their basic salary rate for holidays actually
worked in addition to regular pay for the holiday.
The purpose of this plan is to equalize holidays
between employees ' on regular work schedule
and those on other work schedules.
If a holiday falls on the days off of an employee
on a schedule other than Monday through Friday,
the employee shall be given credit for overtime or
granted time off on the employee's next
scheduled work day. Employees who are not
permitted to take holidays because of the nature
of their work are entitled to overtime pay as
specified by this MOU.
If any holiday listed in Section 12. 1 .a above falls
on a Saturday, it shall be celebrated on the
preceding Friday. If any holiday listed in Section
12. 1 .a falls on a Sunday, it shall be celebrated
on the following Monday. For employees in the
Health Services Department (only) assigned to
units or services on a shift operational cycle
which includes Saturday or Sunday as
designated by the appointing authority (rather
than Monday through Friday eight (8) hours per
day or a designated 4/10 or 9/80 schedule)
CCCEA LOCAL NO. 1 - 53 - 1995-99 MOU
holidays shall be observed on the day on which
the holiday falls robardless if it is a Saturday or
Sunday.
12.3 Holiday Credit for Part-Time Employees.
Permanent part-time employees shall receive
holiday credit in the same ratio to the holiday
credit given full-time employees as the number of
hours per week in the part-time employee's sche-
dule bear to the number of hours in the regular
full-time schedule, regardless of whether the
holiday falls on the part-time employee's regular
work day. Permanent part-time and permanent-
intermittent employees who work on a holiday
shall receive overtime pay or compensatory time
credit for all hours worked, up to a maximum of
eight (8).
12.4 4/10 Shift - Holidays.
A. Holiday Shift Pay. Each 4/10 shift employee who
works a full shift on a holiday shall receive time
and one-half for the first eight (8) hours worked in
addition to regular pay for the holiday. Holiday
shift pay shall be subject to provisions of Section
7.
B. Absence on Holiday. The maximum time charged
to sick leave, vacation or leave without pay on a
holiday shall be two (2) hours.
12.5 Accrual of Holiday Time. Employees entitled to
overtime credit in positions which work around the clock
shall be permitted to elect between pay at the overtime
CCCEA LOCAL NO. 1 - 54 - 1995-99 MOU
rate or compensatory time off in recognition of holidays
worked.
The following procedures shall apply to this selection:
a. Any person who is eligible and who elects to
accrue holiday time must agree to do so for a full
fiscal year (July 1 through June 30), or the
remainder thereof, unless otherwise specified by
the Board.
b. Employees starting work after a list of those
electing to accrue holiday time has been
submitted to the Auditor and approved, will be
paid overtime unless they specifically requested
in writing within seven (7) calendar days to be
placed on the accrual list.
C. Holiday time shall be accrued at the rate of one
and one-half (1 -1/2) times the actual hours
worked to a maximum of eight (8) hours worked
by the employee.
d. Holiday time may not be accumulated in excess
of two hundred eighty-eight (288) working hours.
Holiday time may be accrued up to two hundred
eighty-eight (288) hours, exclusive of regular
vacation accruals. After two hundred eighty-
eight (288) hours, holiday time shall be paid at
the overtime rates as specified in Section 7.
e. Accrued holiday time may be taken off at times
determined by mutual agreement of the
employee and the Department Head.
CCCEA LOCAL NO. 1 _ 55 - 1995-99 MOu
f. Accrued holiday time shall be paid off only upon
a change in status of the employee such as
separation, transfer to another department or
reassignment to a permanent-intermittent
position.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent
positions are entitled to vacation with pay. Accrual is
based upon straight time hours of working time per
calendar month of service and begins on the date of
appointment to a permanent position. Increased accruals
begin on the first of the month following the month in
which the employee qualifies. Accrual for portions of a
month shall be in minimum amounts of one (1) hour
calculated on the same basis as for partial month
compensation pursuant to Section 5.8 of this MOU.
Vacation credits may be taken in one-tenth hour (six
minute) increments but may not be taken during the first
six (6) months of employment (not necessarily
synonymous with probationary status) except where sick
leave has been exhausted; and none shall be allowed in
excess of actual accrual at the time vacation is taken.
13.2 Vacation Leave on Reemployment From a
Layoff List. Employees with six months or more service
in a permanent position prior to their layoff, who are
employed from a layoff list, shall be considered as having
completed six months tenure in a permanent position for
the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in
CCCEA LOCAL NO. 1 - 56 - 1995-99 MOU
each case where such vacation is authorized so that
appropriate Payroll system override actions can be taken.
f
13.3 Vacation Accrual = Rates. For employees hired
into a class in any bargaining unit covered by this MOU
prior to September 1 , 1979 the rates at which vacation
credits accrue and the maximum accumulation thereof are
as follows:
Monthly
Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11 -1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 1672/3 400
25 through 29 years 20 480
30 years and up 2371/3 560
For employees hired into a class of one of the following
bargaining units on or after September 1 , 1979 the rates
at which vacation credits accrue, and the maximum
accumulation thereof, are as follows: Agriculture/Animal
Control, Building Trades, Engineering, General Services &
Maintenance, Legal & Court Clerk, and Probation Units.
Monthly
Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
CCCEA LOCAL NO. 1 - 57 - 1995-99 MOU
a
5 through 10 years 10 240
11 years 10,2/3 256
12 years 11 -1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
13.4 Bridged Service Time. Employees who are
rehired and have their service bridged in accordance with
the provisions of this MOU shall accrue vacation in
accordance with the accrual formula for employees hired
after September 1 , 1979. However, prior service time
which has been bridged shall count toward longevity
accrual.
13.5 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay .or
unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who
is absent without pay accrue vacation credit during the
absence.
13.6 Vacation Allowance for Separated Employees.
On separation from County service, an employee shall be
paid for any unused vacation credits at the employee's
then current pay rate.
13.7 Vacation Preference. Use of vacation accruals
is by mutual agreement between the employee and the
supervisor and preference of vacation shall be . given to
employees according to their seniority in their department
CCCEA LOCAL NO. 1 - 58 - 1995-99 MOU
as reasonably as possible unless otherwise provided in
the supplemental sections of this Agreement.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of
paid sick leave is to ensure employees against loss of pay
for temporary absences from .work due to illness or injury.
It is a benefit extended by the County and may be used
only as authorized; it is not paid time off which employees
may use for personal activities..
14.2 Credits to and Charqes Against Sick Leave.
Sick leave credits accrue at the rate of eight (8) working
hours credit for each completed month of service, as
prescribed by County Salary Regulations and Memoranda
of Understanding. Employees who work a portion of a
month are entitled to a pro rata share of the monthly sick
leave credit computed on the same basis as is partial
month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minutes)
increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through
retirement, accumulated sick leave credits shall be
canceled, unless the separation results from layoff, in
which case the accumulated credits shall be restored if
reemployed in a permanent position within the period of
lay off eligibility.
CCCEA LOCAL NO. 1 _ 59 - 1995-99 MOU
As of the date of retiremen# an employee's accumulated
sick leave is converted to retirement on the basis of one
day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick
Leave. As indicated above, the primary purpose of paid
sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury.
The following definitions apply:
"Immediate Family" means and includes only the spouse,
son, stepson, daughter, stepdaughter, father, stepfather,
mother, stepmother, brother, sister, grandparent,
grandchild, niece, nephew, father-in-law, mother-in-law,
daughter-in-law, son-in-law, brother-in-law, sister-in-law,
foster children, aunt, uncle, cousin, stepbrother, or
stepsister of an employee and/or includes any other
person for whom the employee is the legal guardian or
conservator, or any person who is claimed as a
"dependent" for IRS reporting purposes by the employee.
"Employee" means any person employed by Contra Costa
County in an allocated position in the County service.
"Paid Sick Leave Credits" means those sick leave credits
provided for by County Salary Regulations and
memoranda of understanding.
"Condition/Reason". With respect to necessary verbal
contacts and confirmations which occur between the
department and the employee when sick leave is
requested or verified, a brief statement in non-technical
CCCEA LOCAL NO. 1 - 60 - 1995-99 MOU
terms from the employee regarding inability to work due to
injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject
to appointing authority approval, by an employee in pay
status, but only in the following instances:
a. Temporary Illness or Injury of an Employee. Paid
sick leave credits . may be used when the
employee is off work because of a temporary
illness or injury.
b. Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
disabling physical injury or illness and is thereby
prevented from engaging in any County
occupation for which the employee is qualified by
reason of education, training or experience. Sick
leave may be used t by permanently disabled
employees until all accruals of the employee
have been exhausted or until the employee is
retired by the Retirement Board, subject to the
following conditions:
1 . An application for retirement due to disability
has been filed with the Retirement Board.
2. Satisfactory medical evidence of such
disability is received by the appointing
authority within'30 days of the start of use of
sick leave for permanent disability.
CCCEA LOCAL NO. 1 - 61 - 1995-99 MOU
3. The appointin'gauthority may review medical
evidence and order further examination as
deemed necessary, and may terminate use
of sick leave when such further examination
demonstrates that the employee is not
disabled, or when the appointing authority
determines that the medical evidence
submitted by the employee is insufficient, or
where the above conditions have not been
met.
c. Communicable Disease. An employee may use
paid sick leave credits when under a physician's
order to remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or
contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery therefrom, shall
be allowed to utilize sick leave credit to the
maximum accrued by such employee during the
period of such disability under the conditions set
forth below:
1 . Application for such leave must be made by
the employee to the appointing authority
accompanied by a written statement of
disability from the employee's attending
physician. The statement must address itself
to the employee's general physical condition
having considered the nature of the work
performed by the employee, and it must
indicate the date of the commencement of
CCCEA LOCAL NO. 1 - 62 - 1995-99 MOU
the disability as well as the date the
physician anticipates the disability to
terminate.
2. If an employee does not apply for leave and
the appointing authority believes that the
employee is not able to properly perform her
work or that her general health is impaired
due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth
or recovery therefrom the employee shall be
required to undergo a physical examination
by a physician selected by the County.
Should the medical report so recommend, a
mandatory leave shall be imposed upon the
employee for the. -duration of the disability.
3. Sick leave may not be utilized after the
employee has been released from the
hospital unless the employee has provided
the County with a written statement from her
attending physician stating that her disability
continues and the projected dates of the
employee's recovery from such disability.
e. Medical and Dental Appointments. An:.employee
may use paid sick leave credits:
1 . For working time used in keeping medical
and dental appointments for the employee's
own care; and
2. For working time used by an employee for
pre-scheduled medical and dental
CCCEA LOCAL NO. 1 - 63 - 1995-99 MOu
appointments ' or an immediate family
member.
f. Emergency Care of Family. An employee may
use paid sick leave credits for working time used
in cases of illness or injury to an immediate
family member.
g. Death of Family Member. An employee may use
paid sick leave credits for working time used
because of a death in the employee's immediate
family or of the employee's domestic partner, but
this shall not exceed three (3) working days, plus
up to two (2) days of work time for necessary
travel. Use of additional accruals including sick
leave when appropriate may be authorized in
conjunction with the bereavement leave at the
discretion of the appointing authority.
h. Legal Adoption of a Child. Paid sick leave
credits may -be used by an employee upon
adoption of the child.
i. Accumulated paid sick leave credits may not be
used in the following situations:
1 . Vacation. Paid sick leave credits may not be
used for an employee's illness or injury
which occurs while he/she is on vacation but
the County Administrator may authorize it
when extenuating circumstances exist and
the appointing authority approves.
2. Not in Pay Status. Paid sick leave credits
may not be used when the employee would
CCCEA LOCAL NO. 1 - 64 - 1995-99 MOU
otherwise be eligible to use paid sick leave
credits but is not in pay status.
94.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the department head. Unless otherwise
provided in the supplemental sections of this MOU, the
following procedures apply: .
a. Employee Responsibilities
r..
1 . Employees are responsible for notifying their
department of an absence prior to the
commencement of their work shift or as
soon thereafter as possible. Notification
shall include the reason and possible
duration of the absence.
2. Employees are responsible for keeping their
department informed on a continuing basis
of their condition and probable date of return
to work.
3. Employees are responsible for obtaining
advance approval from their supervisor for
the scheduled time of pre-arranged personal
or family medical and dental appointment.
4. Employees are encouraged to keep the
department advised of (1) a current
telephone number to which sick leave
related inquiries may be directed, and (2)
any condition(s) and/or restriction(s) that
CCCEA LOCAL NO. 1 - 65 - 1995-99 MOU
may reasonably be imposed regarding
specific locations and/or persons the
department may contact to verify the
employee's sick leave.
b. Department Responsibilities. The use of sick
leave may properly be denied if these
procedures are not followed. Abuse of sick leave
on the part of the employee is cause for
disciplinary action.
Departmental approval of sick leave is a
certification of the legitimacy of the sick leave
claim. The department head or designee may
make reasonable inquiries about employee
absences. The department may require medical
verification for an absence of three (3) or more
working days. The department may also require
medical verification for absences of less than
three (3) working days for probable cause if the
employee had been notified in advance in writing
that such verification was necessary. Inquiries
may be made in the following ways:
1 . Calling the employee's residence telephone
number or other contact telephone number
provided by the employee if telephone
notification was not made in accordance with
departmental sick leave call-in guidelines.
These inquiries shall be subject to any
restrictions imposed by the employee under
Section 14.4.a.
CCCEA LOCAL NO. 1 - 66 - 1995-99 MOU
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another
form established for that purpose, as
employee certification of the legitimacy of
the claim.
3. Obtaining the employee's written statement
of explanation regarding the sick leave
claim.
4. Requiring the employee to obtain a
physician's certificate or verification of the
employee's illness, date(s) the employee
was incapacitated, and the employee's
ability to return to work, as specified above.
5. In absences of an extended nature, requiring
the employee to obtain from their physician
a statement of progress and anticipated date
on which the employee will be able to return
to work, as specified above.
Department heads are responsible for
establishing timekeeping procedures which
will insure the submission of a time card
covering each employee absence and for
operating their respective offices in
accordance with these policies and with
clarifying regulations issued by the Office of
the County Administrator.
To help assure uniform policy application,
the Director of Human Resources or
designated management staff of the County
CCCEA LOCAL NO. 1 - 67 - 1995-99 MOU
Human Resources Department should be
contacted with. respect to sick leave
determinations about which the department
is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated
for the performance of duty is subject to
dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An
appointing authority after giving notice may place
an employee on leave if the appointing authority
has filed an application for disability retirement
for the employee, or whom the appointing
authority believes to be temporarily or
permanently physically or mentally incapacitated
for the performance of the employees duties.
B. An appointing authority who has reasonable
cause to believe that there are physical or mental
health conditions present in an employee which
endanger the health or safety of the employee,
other employees, or the public, or which impair
the employee's performance of duty, may order
the employee to undergo at County expense and
on the employees paid time a physical, medical
and/or psychiatric examination by a licensed
physician and receive a report of the findings on
such examination. If the examining physician
recommends that treatment for physical or men-
tal health problems, including leave, are in the
best interests of the employee or the County in
relation to the employee overcoming any
CCCEA LOCAL NO. 1 - 68 - 1995-99 MOU
disability and/or performing his or her duties the
appointing authority may direct the employee to
take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability
shall be without prejudice to the employee's right
to use sick leave, vacation, or any other benefit
to which the employee is entitled other than
regular salary. The Director of Human Resources
may order lost pay restored for good cause and
subject to the employee's duty to mitigate
damages.
D. Before an employee returns to work from any
absence for illness or injury, other leave of
absence or disability leave, exceeding two weeks
in duration, the appointing authority may order
the employee to undergo at County expense a
physical, medical, and/or psychiatric examination
by a licensed physician, and may consider a
report of the findings on such examination. If the
report shows that such employee is physically or
mentally incapacitated for the performance of
duty, the appointing authority may take such
action as he/she deems necessary in
accordance with appropriate provisions of this
MOU.
E. Before an employee is placed on an unpaid
leave of absence or , suspended because of
physical or mental incapacity under (a) or (b)
above, the employee shall be given notice of the
proposed leave of absence or suspension by
letter or memorandum, delivered personally or by
CCCEA LOCAL NO. 1 - 69 - 1995-99 MOU
certified mail, containing the following:
1 . A statement of the leave of .absence or
suspension proposed.
2. The proposed dates or duration of the leave
or suspension which may be indeterminate
until a certain physical or mental health
condition has been attained by the
employee.
3. A statement of the basis upon which the
action is being taken.
4. A statement that the employee may review
the materials upon which the action is taken.
5. A statement that the employee has until a
specified date (not less than seven (7) work
days from personal delivery or mailing of the
notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing
authority for cause specified in writing may place
the employee on a temporary leave of absence,
with pay.
G. The employee to whom the notice has been
delivered or mailed shall have seven (7) work
days to respond to the appointing authority either
orally or in writing before the proposed action
may be taken.
CCCEA LOCAL NO. 1 - 70 - 1995-99 MOU
H. After having complied with the notice
requirements above, the appointing authority
may order the leave of absence or suspension in
writing stating specifically the basis upon which
the action is being taken, delivering the order to
the employee either personally or by mail,
effective either upon personal delivery or deposit
in the US Postal Service.
I. An employee who is placed on leave or
suspended under this section may, within ten
(10) calendar days after personal delivery or
mailing to the employee of the order, appeal the
order in writing through the Human Resources
Director to the Merit Board. Alternatively, the
employee may file a written election with the
Human Resources Director waiving the
employee's right to appeal to the Merit Board in
favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit
Board or the Disability Review Arbitrator, the
employee has the burden of proof to show that
either:
1 . The physical or mental health condition cited
by the appointing authority does not exist, or
2. The physical or mental health condition does
exist, but it is not sufficient to prevent,
preclude, or impair the employee's
performance of duty, or is not sufficient to
endanger the health or safety of the
CCCEA LOCAL NO. 1 - 71 - 1995-99 MOU
employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and
appeal shall be transmitted by the Human
Resources Director to the Merit Board for hearing
under the Merit Board's Procedures, Section
1114-1128 inclusive. Medical reports submitted
in evidence in such hearings shall remain
confidential information and shall not be a part of
the public record.
L. If the appeal is to a Disability Review Arbitrator,
the employee (and his representative) will meet
with the County's representative to mutually
select the Disability Review Arbitrator, who may
be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other
recognized specialist mutually selected by the
parties. The arbitrator shall hear and review the
evidence. The decision of the Disability Review
Arbitrator shall be binding on both the County
and the employee.
Scope of the Arbitrator's Review.
1 . The arbitrator may affirm, modify or revoke
the leave of absence or suspension.
2. The arbitrator may make his decision based
only on evidence submitted by the County
and the employee.
3. The arbitrator may order back pay or paid
sick leave credits for any period of leave of
absence or suspension if the leave or
CCCEA LOCAL NO. 1 - 72 - 1995-99 MOU
suspension is found not to be sustainable,
subject to the employee's duty to mitigate
damages.
4. The arbitrator's fees and expenses shall be
paid one-half by the County and one-half by
the employee or employee's union.
14.6 Workers' Compensation. A permanent non-
safety employee shall receive 88% of regular monthly
salary during any period :of compensable temporary
disability absence not to exceed one year. For all
accepted claims filed with the County on or after January
11 1997, the percentage of pay for employees entitled to
Workers' Compensation shall be decreased from 88% to
87%. All savings generated will be used toward offsetting
chargeable increases in County subvention of premiums
for health and dental plans. if Workers' Compensation
becomes taxable, the County agrees to restore the current
benefit level (100% of monthly salary) and the parties
shall meet and confer with respect to funding the
increased cost.
A. Employees who leave work as a result of an on-
the-job injury will have the balance of that day
charged to sick leave and/or vacation accruals.
This will be considered as the last day worked for
purposes of determining Workers' Compensation
benefits.
B. Three (3) consecutive calendar days following
the last day worked constitutes a waiting period
before Workers' Compensation starts. The time
the employee is scheduled to work during this
CCCEA LOCAL NO. 1 - 73 -• 1995-99 MOU
waiting period will. be: charged to the employee's
sick leave and/or 46cation accruals. In order to
qualify for Workers' Compensation the employee
must be under the care of a physician.
Temporary compensation is payable on the first
three (3) days of disability when the injury
necessitates hospitalization, or when the
disability exceeds fourteen (14) days.
A permanent employee shall receive regular
salary during any period of compensable
temporary disability absence in accordance with
Section 5 of the January 28, 1992 Letter of
Agreement between the County and the Health
Care Coalition. "Compensable temporary
disability absence" for the purpose of this
Section, is any absence due to work connected
disability which qualifies for temporary disability
compensation under Workers' Compensation
Law set forth in Division 4 of the California Labor
Code. When any disability becomes permanent,
the salary provided in this Section shall
terminate. The employee shall return to the
County all temporary disability payments
received by him/her from any County funded
wage replacement program. No charge shall be
made against sick leave or vacation for these
salary payments. Sick leave and vacation rights
shall not accrue for those periods during which
salary payments are made.
The maximum period for the described salary
continuation for any one injury or illness shall be
one year from the date of temporary disability.
CCCEA LOCAL NO. 1 - 74 - 1995-99 MOU
C. Continuing pay begins at the same time that
temporary Workers' Compensation starts and
continues until the temporary disability ends, or
until one (1 ) year from the date of injury,
whichever comes first. All continuing pay under
the Workers' Compensation Program will be
cleared through the County Administrator's
Office, Risk Management Division.
Whenever an employee who has been injured on
the job and has returned to work is required by
an attending physician to leave work for treat-
ment during working hours the employee shall be
allowed time off up to three (3) hours for such
treatment without loss of pay or benefits. This
provision applies only to injuries that have been
accepted by the County as a job connected
injury.
D. If an injured employee remains eligible for
temporary disability beyond one year, applicable
salary will continue by integrating sick leave
and/or vacation accruals with Workers'
Compensation benefits (vacation charges to be
approved by the department and the employee).
If salary integration is no longer available,
Workers' Compensation benefits will be paid
directly to the employee as prescribed by
Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee
who is eligible for Workers' Compensation
rehabilitation temporary disability benefits and
whose disability is medically permanent and
stationary will continue to receive salary by
CCCEA LOCAL NO. 1 - 75 -- 1995-99 MOU
integrating sick leave and/or vacation accruals
with Workers' compensation rehabilitation
temporary disability benefits until those accruals
are exhausted. Thereafter, the rehabilitation
temporary disability benefits will be paid directly
to the employee.
F. Health Insurance. The County contribution to the
employee's group insurance plan(s) continues
during the continuing pay period and during
integration of sick leave or vacation with
Workers' Compensation benefits.
G. Method of Integration. An employee's sick leave
and/or vacation charges shall be calculated as
follows: C = 8 [1 - (W=S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
For example:
W = $960 per month Workers' Compensation
S = $1667 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 [1 - ($960 $1 ,667)]
C = 8 [1 - (.5758)]
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Compensation
CCCEA LOCAL NO. 1 - 76 - 1995-99 MOU
14.7 Rehabilitation Program. On May 26, 1981 , the
Board of Supervisors established a Labor-Management
Committee to administer a_ . rehabilitation program for
disabled employees. It is understood that the benefits
specified above in this Section 14 shall be coordinated
with the rehabilitation program as determined by the
Labor-Management Committee. The Rehabilitation
Committee will meet within sixty (60) days of ratification of
this MOU. The County will schedule committee meetings
on a quarterly basis.
14.8 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay or
an unpaid military leave shall accrue any sick leave
credits during the time of such leave nor shall an
employee who is absent without pay accrue sick leave
credits during the absence.
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. The County Human
Resources Department will begin operation of a
Catastrophic Leave Bank which is designed to assist any
County employee who has exhausted all paid accruals
due to a serious or catastrophic illness, injury, or condition
of the employee or family member. The program
establishes and maintains a Countywide bank wherein
any employee who wishes to contribute may authorize
that a portion of his/her accrued vacation, compensatory
time, holiday compensatory time or floating holiday be
deducted from those accouint(s) and credited to the
Catastrophic Leave Bank. Upon approval, credits from the
Catastrophic Leave Bank may be transferred to a
CCCEA LOCAL NO. 1 - 77 - 1995-99 MOU
requesting employee's sick leave account so that
employee may remain in paid status for a longer period of
time, thus partially ameliorating the financial impact of the
illness, injury, or condition.
Catastrophic illness or injury is defined as a critical
medical condition, a long-term major physical impairment
or disability which manifests itself during employment.
15.2 Operation. The plan will be administered under
the direction of the Director of Human Resources . The
Human Resources Department will be responsible for
receiving and recording all donations of accruals and for
initiating transfer of credits from the Bank to the recipient's
sick leave account. Disbursement of accruals will be
subject to the approval of a six (6) member committee
composed of three (3) members appointed by the County
Administrator and three (3) members appointed by the
majority representative employee . organizations. The
committee shall meet ' as necessary to consider all
requests for credits and shall make determinations as to
the appropriateness of the request and the amount of
accruals to be awarded. Consideration of all requests by
the committee will be on an anonymous requester basis.
Hours transferred from the Catastrophic Leave Bank to a
recipient will be in the form of sick leave accruals and
shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must
have permanent status, must have exhausted all time off
accruals to a level below eight (8) hours total, have
applied for a medical leave of absence and have medical
verification of need.
CCCEA LOCAL NO. 1 - 78 - 1995-99 MOU
Donations are irrevocable and may be made in minimum
blocks of four (4) hours per donation from balances in the
vacation, holiday, floating holiday, compensatory time, or
holiday compensatory time accounts.
Time donated will be converted to a dollar value and the
dollar value will be converted back to sick leave accruals
at the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All
computations will be on a standard 173.33 basis, except
that employees on other than a forty (40) hour week will
have hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty
(1040) hours or its equivalent per catastrophic event; each
donor will be limited to one hundred twenty (120) hours
per calendar year.
No element of this plan is grievable. All. appeals - from
either a donor or recipient will be resolved on a final basis
by the Director of Human Resources.
This Catastrophic Leave Bank program is adopted on a
twelve-month (12) pilot program ending one year from
date of implementation. Its continuation will be subject to
consideration of administrative ease of operation, cost
and acceptance by employees.
No employee will have any entitlement to catastrophic
leave benefits. The award of Catastrophic Leave will be
at the sole discretion of the committee, both as to
amounts of benefits awarded and as to persons awarded
benefits. Benefits may be denied, or awarded for less
than six (6) months. The committee will be entitled to limit
CCCEA LOCAL NO. 1 - 79 - 1995-99 MOIL
benefits in accordance witavailable contributions and to
choose from among eligible. applicants, on an anonymous
basis, those who will receive benefits.
Any unused hours transferred to a recipient will be
returned to the Catastrophic Leave Bank.
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
16.1 General Provisions. The California SDI program
provides disability benefits beginning on the eighth (8th)
calendar day of a qualifying disability unless the employee
is hospitalized. Upon hospitalization, benefits can be
payable from the first day of the disability. If the disability
exceeds fourteen (14) calendar days, benefits can be
payable from the first day of the disability. The maximum
period of state disability payments Js up to one (1) year.
Determination of SDI payments and eligibility to receive
payments is 'at the sole discretion of the State of
California.
Integration means that employees will be required to use
sick leave accruals to supplement the difference between
the amount of the SDI payment and the employee's base
monthly salary. Integration of sick leave with the SDI
benefit is automatic and cannot be waived. Integration
applies to all SDI benefits paid. For employees off on SDI,
the department will make appropriate integration
adjustments, including retroactive adjustments if
necessary. Employees must inform their department of
hospitalization in a timely manner in order for the
department to make appropriate integration adjustments.
State Disability benefit payments will be sent directly to
CCCEA LOCAL NO. 1 - 80 - 1995-99 MOU
the employees at their home address by the State of
California.
When there are insufficient sick leave accruals available
to fully supplement the difference between the SDI
payment and the employee's base monthly salary,
accruals other than sick leave may be used. These
accruals may be used only to the extent that total
payments do not exceed the employee's base monthly
salary.
16.2 Procedures. Employees with more than 1 .2
hours of sick leave accruals at the beginning of the
disability integration period must integrate their sick leave
accrual usage with their SDI benefit to the maximum
extent possible.
When employees have 1 .2 hours or less of sick leave
accruals at the beginning of the disability integration
period, the department shall automatically use 0.1 hour of
sick leave per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted,
integration with the SDI benefit terminates. An employee
may use any other accruals without reference to or
integration with the SDI benefit.
When the SDI benefit is exhausted, sick leave integration
terminates. Then the employee may use sick leave or
other accruals.
Employees with no sick leave balance at the beginning of
the disability integration period may use any other
accruals without reference to or integration with the SDI
CCCEA LOCAL NO. 1 - '81 - 1995-99 MOU
benefit.
Employees whose SDI claims are denied must present a
copy of their claim denial to their department. The
department will then authorize use of unused sick leave
and shall authorize the use of other accruals as
appropriate.
Employees may contact the Human Resources
Department, Benefits Division, for assistance in resolving
problems.
16.3 Method of Integration. Until an employee has a
balance of 1 .2 hours of sick leave, the employee's sick
leave accrual charges while receiving SDI benefits shall
be calculated each month.
The amount of sick leave charged each employee will be
calculated in the following manner:
The percentage of base monthly salary not covered by the
SDI benefit will be applied to the daily hours in the
employee's schedule and that number of sick leave hours
will be charged against the employee's sick leave
accruals.
For purposes of integration with the SDI program, all full-
time employees' schedules will be converted to 8-hour/5-
day weekly work schedules during the period of
integration. The formula for full-time employees' sick leave
integration charges is shown below:
L = [(S-D) _ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
CCCEA LOCAL NO. 1 - 82 - 1995-99 MOU
W = Weekly SDI Benefit from State of California SDI Weekly
Benefit Table
C = Calendar Days in each Month
D = Est. Monthly SDI Benefit [D = (W= 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees,
and those full-time employees working a light/limited duty
reduced schedule program shall have their sick leave
integration adjusted accordingly.
16.4 Definition. "Base Monthly Salary" for purposes
of sick leave integration is defined as the salary amount
for the employee's step on the salary schedule for the
employee's permanent classification as shown in the
"Salary" field on the On-Line Payroll Time Reporting
System used by departments for payroll reporting
purposes.
SECTION 17 - LEAVE OF ABSENCE
17.1 Leave Without Pay. Any employee who has
permanent status may be granted a leave of absence
without pay upon written request, approved by the
appointing authority; provided, however, that leaves for
pregnancy, pregnancy disability, serious health
conditions, and family care shall be granted in accordance
with applicable state and federal law.
17.2 General Administration - Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Human Resources and .shall
state specifically the reason for the request, the date
CCCEA LOCAL NO. 1 _ 83 - 1995-99 MOv
when it is desired to begin, the leave, and the probable
date of return.
A. Leave without pay may be granted for any of the
following reasons:
1 . Illness or disability.
2. Pregnancy.
3. Parental.
4. To take a course of study such as will
increase the employee's usefulness on
return to the position.
5. For other reasons or circumstances
acceptable'to the appointing authority.
B. An employee must request family care leave at
least thirty (30) days before the leave is to begin
if the need for the leave is foreseeable. If the
need is not foreseeable, the employee must
provide written notice to the employer within five
(5) days of learning of the event by which the
need for family care leave arises.
C. A leave without pay may be for a period not to
exceed one (1) year, provided the appointing
authority may extend such leave for additional
periods. The procedure in granting extensions
shall be the same as that in granting the original
leave, provided that the request for extension
must be made not later than thirty (30) calendar
CCCEA LOCAL NO. 1 - 84 - 1995-99 MOU
days before the expiration of the original leave.
D. Nevertheless, a leave . of absence for the
employee's serious ',.health condition or for family
care shall be granted to an employee who so
requests it for up to''eighteen (18) weeks in each
calendar year period in accordance with Section
17.5 below.
E. Whenever an employee who has been granted a
leave without any pray desires to return before
the expiration of such leave, the employee shall
submit a request to the appointing authority in
writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior
approval by the .appointing authority. The Human
Resources Department shall be notified promptly
of such return.
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
illness, or serious health condition, the decision
of the appointing authority on granting or denying
a leave or early return from leave shall be subject
to appeal to the Director of Human Resources
and not subject to appeal through the: grievance
procedure set forth in this MOU.
17.3 Furlough Days Without Pay (VTO). Subject to
the prior written approval of the appointing authority,
employees may elect to take furlough days or hours
without pay (pre-authorized absence without pay), up to a
maximum of fifteen (15) calendar days for any one period.
Longer pre-authorized absences without pay are
CCCEA LOCAL NO. 1 _ 85 - 1995-99 MOv
considered leaves of abs0r ce . without pay. Employees
who take furlough time shall Piave their compensation for
the portion of the month worked computed in accord with
Section 5.8 (Compensation for Portion of Month) of this
MOU. Full-time and part-time employees who take
furlough time shall have their vacation, sick leave, floating
holiday, and any other payroll computed accruals
computed as though they had worked the furlough time.
When computing vacation sick leave, floating holiday, and
other accrual credits for employees taking furlough time,
this provision shall supersede Section 12.1 , 13.1 , 13.3,
14.2 and 14.8 of this MOU regarding the computation of
vacation, sick leave, floating holiday, and other accrual
credits as regards furlough time only. For payroll
purposes, furlough time (absence without pay with prior
authorization of the appointing authority) shall be reported
separately from other absences without pay to the
Auditor-Controller. The existing VTO program shall be
continued for the life of the contract.
17.4 Military Leave. Any employee who is 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 state or
federal 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
` CCCEA LOCAL NO. 1 - 86 - 1995-99 MOU
qualified, without any loss of standing of any kind what-
soever.
An employee who has been granted a military leave shall
not, by reason of such absence, suffer any loss of
vacation, holiday, or sick leave privileges which may be
accrued at the time of such, leave, nor shall the employee
be prejudiced thereby with reference to salary
adjustments or continuation of employment. For purposes
of determining eligibility for salary adjustments or seniority
in case of layoff or promotional examination, time on
military leave shall be considered as time in County
service.
Any employee who has been granted a military leave,
may upon return, be required to furnish such evidence of
performance of military service or of honorable discharge
as the Director of Human Resources may deem
necessary.
17.5 Family Care Leave or Medical Leave. Upon
request to the appointing authority, in each calendar year
any employee who has permanent status shall be entitled
to at least eighteen (18) weeks leave (less if so requested
by the employee) for:
a. Medical leave of absence for the employee's own
serious health condition which makes the
employee unable to perform the functions of the
employee's position" or
b. Family care leave of absence without pay for
reason of the birth_ of a child of the employee, the
placement of a child with an employee in
CCCEA LOCAL NO. 1 - 87 - 1995-99 IMIO,�;J
connection with thek `doption or foster care of the
child by the empioe, or the serious illness or
health condition of a child, parent, spouse, or
domestic partner of the employee.
17.6 Certification. The employee may be asked to
provide certification of the need for family care leave or
medical leave. Additional period(s) of family care or
medical leave may be granted by the appointing authority.
17.7 Intermittent Use of Leave. The eighteen (18)
week entitlement may be in broken periods, intermittently
on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances
and situations surrounding the request for leave. The
eighteen (18) weeks may include use of appropriate
available paid leave accruals when accruals are used to
maintain pay status, but use of such accruals is not
required beyond that specified in Section 17.12 below.
When paid leave accruals are used for a medical or family
care leave, such time shall be counted as a part of the
eighteen (18) week entitlement.
17.8 Aggregate Use for Spouses. In the situation
where husband and wife are both employed by the
County, the family care of medical leave entitlement
based on the birth, adoption or foster care of a child is
limited to an aggregate for both employees together of
eighteen (18) weeks during each calendar year period.
Employees requesting family care leave are required to
advise their appointing authority(ies) when their spouse is
also employed by the County.
17.9 Definitions. For medical and family care leaves
of absence under this section, the following definitions
CCCEA LOCAL NO. 1 - 88 - 1995-99 MOU
apply:
a. Child:- A biological, adopted, or foster child,
stepchild, legal ward, conservatee or a child who
is under eighteen (1 $) years of age for whom an
employee stands in Loco parentis or for whom the
employee is the guardian or conservator, or an
adult dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent, a
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
C. Souse: A partner in marriage as defined in
California Civil Code Section 4100.
d. Domestic Partner: An unmarried person,
eighteen (18) years or older, to whom the
employee is not related and with whom the
employee resides and shares the common
necessities of life.
e. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient care in a
hospital, hospice or'residential health care facility
or continuing treatment or continuing supervision
by a health care provider (e.g. physician or
surgeon) as defined by state and federal law.
f. Certification for Family Care Leave: A written
CCCEA LOCAL NO. 1 _ 89 - 1995-99 MOv
communication to the employer from a health
care provider of J"person for whose care the
leave is being taken which need not identify the
serious health condition involved, but shall
contain:
1 . The date, if known, on which the serious
health condition commenced.
2. The probable duration of the condition.
3. An estimate of the amount of time which the
employee needs to render care or
supervision.
4. A statement that the serious health condition
warrants the participation of a family
member to provide care during period of
treatment or supervision.
5. If for intermittent leave or a reduced work
schedule leave, the certification should
indicate that the intermittent leave or
reduced leave schedule is necessary for the
care of the individual or will assist in their
recovery, and its expected duration.
g. Certification for Family Medical Leave: A written
communication from a health care provider of an
employee with a serious health condition or
illness to the employer, which need not identify
the serious health condition involved, but shall
contain:
CCCEA LOCAL NO. 1 - 90 - 1995-99 MOU
1 . The date, if known, on which the serious
health condition commenced.
2. The probable duration of the condition.
3. A statement that the employee is unable to
perform the functions of the employee's job.
4. If for intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave schedule
and its expected duration.
h. Comparable Positions: A position with the same
or similar duties and pay which can be performed
at the same or similar geographic location as the
position held prior to .the leave. Ordinarily, the
job assignment will be the same duties in the
same program area located in the same city,
although specific clients, caseload, co-workers,
supervisor(s), or other staffing may have
changed during an employee's leave.
17.10 Pregnancv Disability Leave. Insofar as
pregnancy disability leave is .used under Section 14.3.D
(Sick Leave Utilization for Pregnancy Disability), that time
will not be considered a part of the eighteen (18) week
family care leave period.
17.11 Group Health Plan Coverage. Employees who
were members of one of the group health plans prior to
commencement of their leave of absence can maintain
CCCEA LOCAL NO. 1 _ 91 - 1995-99 MOU
their health plan coverage with the County contribution by
maintaining their employment in pay status as described
in Section 17.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 17.5
above, the County will continue its contribution for such
health plan coverage even if accruals are not available for
use to maintain pay status as required under Section
17.12. In order to maintain such coverage, employees are
required to pay timely the full employee contribution to
maintain their group health plan coverage, either through
payroll deduction or by paying the County directly.
17.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve
(12) month period of any leave of absence
without pay, an employee may elect to maintain
pay status each month by using available sick
leave (if so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation,
floating holiday, compensatory time off or other
accruals or entitlements; in other words, during
the first twelve (12) months, a leave of absence
without pay may be "broken" into segments and
accruals used on a monthly basis at the
employee's discretion. After the first twelve (12)
months, the leave period may not be "broken"
into segments and accruals may not be used,
except when required by LTD Benefit
Coordination or SDI/Sick Leave Integration or as
provided Section 16.3 or in the sections below.
B. Family Care or Medical Leave. During the
eighteen (18) weeks of an approved medical or
CCCEA LOCAL NO. 1 - 92 - 1995-99 MOU
family care leave, if a portion of that leave will be
on a leave of absence without pay, the employee
will be required to !use at least 0.1 hour of sick
leave (if so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation
floating holiday, compensatory time off or other
accruals or entitlements if such are available,
although use of additional accruals is permitted
under subsection k above.
C. Leave of Absence/Long Term Disability (LTD)
Benefit Coordination. An eligible employee who
files an LTD claim and concurrently takes a leave
of absence without pay will be required to use
accruals as provided in Section B herein during
the eighteen (18) week entitlement period of a
medical leave specified above. If an eligible
employee continues beyond the eighteen (18)
week entitlement period on a concurrent leave of
absence/LTD claim, the employee may choose
to maintain further' pay status only as allowed
under subsection A. herein.
D. Sick leave accruals may not be used during any
leave of absence, except as allowed under
Section 14.3 - Policies Governing the Use of
Paid Sick Leave.
17.13 Leave of Absence Replacement and
Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in
the same department at the time the employee was
granted a leave of absence, shall be reinstated to a
position in that classification and department and then
CCCEA LOCAL NO. 1 - 93 - 1995-99 MOU
only on the basis of seniority:::;;In case of severance from
service by reason of the r6instatement of a permanent
employee, the provisions of Section 11 - Workforce
Red uction/Layoff/Reassi nq ment shall apply.
17.14 Leave of Absence Return. In the Social Service
Department an employee shall have the right to return to
the same class, building, and assignment (position control
number) if the return to work is within eighty-nine (89) con-
secutive days from the initial date the employee started
leave of absence. At such time the leave of absence is
approved by the Appointing Authority, the Social Service
Department shall notify the employee of the final date by
which he/she shall return to be assigned to the same
position control number.
17.15 Reinstatement From Family Care/Medical
Leave. In the case of a family care or medical leave, an
employee o_n a 5/40 schedule shall be reinstated to the
same or comparable position if the return to work is after
no more than ninety (90) work days of leave from the
initial date of a continuous leave, including use of
accruals, or within the equivalent on an alternate work
schedule. A full-time employee taking an intermittent or
reduced work schedule leave shall be reinstated to the
same or comparable position if the return to work on a full
schedule is after no more than seven hundred twenty
(720) hours, including use of accruals, of intermittent or
reduced schedule leave. At the time the original leave is
approved, the appointing authority shall notify the
employee in writing of the final date to return to work, or
the maximum number of hours of leave, in order to
guarantee reinstatement to the same or comparable
position. An employee on a schedule other than 5/40
CCCEA LOCAL NO. 1 - 94 - 1995-99 MOU
shall have the time frame for reinstatement to the same or
comparable position adjusted on a pro rata basis.
17.16 Salary Review While on Leave of Absence.
The salary of an employee who is on leave of absence
from a County position on any anniversary date, and who
has not been absent from the position on leave without
pay more than six (6) months during the preceding year,
shall be reviewed on the anniversary date. Employees on
military leave shall receive salary increments that may
accrue to them during the period of military leave.
17.17 Unauthorized Absence. An unauthorized
absence from the work site ' or failure to report for duty
after a leave request has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration
of a leave, shall be without pay. Such absence may also
be grounds for disciplinary action.
17.18 Non-Exclusivity. Other MOU language on this
subject, not in conflict, shall remain in effect.
SECTION 18 - JURY DUTY AND WITNESS DUTY
Jury Duty. For purposes of this Section, jury duty shall be
defined as any time an employee is obligated to report to
the court.
A. When called forjury duty, County employees,
like other citizens, . are expected to discharge
their jury duty responsibilities.
B. Employees shall advise their department as soon
CCCEA LOCAL NO. 1 - 95 - 1995-99 MOU
as possible if scheduled to appear for jury duty.
C. If summoned for jury duty in a Municipal,
Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County
pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave without
pay and retain all fees and expenses paid to
them.
D. When an employee is summoned for jury duty
selection or is selected as a juror in a Municipal,
Superior or Federal Court, employees may
remain in a regular pay status if they waive all
fees (other than mileage), regardless of shift
assignment and the following shall apply:
1 . If an employee elects to remain in a regular
pay status and waive or surrender all fees
(other than mileage), the employee shall
obtain from the Clerk or Jury Commissioner
a certificate indicating the days attended and
noting that fees other than mileage are
waived or surrendered. The employee shall
furnish the certificate to his department
where it will be retained as a department
record. No "Absence/Overtime Record" is
required.
2. An employee who elects to retain all fees
must take leave (vacation, floating holiday,
etc.) or leave without pay. No court
certificate is required but an
"Absence/Overtime Record" must be
CCCEA LOCAL NO. 1 - 96 - 1995-99 MOU
submitted to the department payroll clerk.
E. Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that
would affect their ability to properly serve as
jurors.
F. An employee on short notice standby to report to
court, whose job duties make short notice
response impossible or impractical, shall be
given alternate work assignments for those days
to enable them to respond to the court on short
notice.
G. When an employee is required to serve on jury
duty, the County will adjust that employee's work
schedule to coincide with a Monday to Friday
schedule for the remainder of their service,
unless the employee requests otherwise.
H. Permanent-intermittent employees are entitled to
paid jury duty leave only for those days on which
they were previously scheduled to work.
Witness Duty. Employees called upon as a witness or an
expert witness in a case arising in the course of their work
or the work of another department may remain in their
regular pay status and turn over to the County all fees and
expenses paid to them other than mileage allowance or
they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases
CCCEA LOCAL NO. 1 _ 97 - 1995-99 MOU
or personal matters (e.g: ; accident suits and family
relations) shall take vacation leave or leave without pay
and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty as set forth in Section 18
of this MOU. Employees shall advise their department as
soon as possible if scheduled to appear for witness duty.
Permanent-intermittent employees are entitled to paid
witness duty only for those days on which they were
previously scheduled to work.
SECTION 19 - HEALTH & WELFARE, LIFE & DENTAL
CARE
19.1 County Programs. The County will continue the
existing County Group Health Plan program of medical,
dental and life insurance coverage through Delta Dental
Plan, Safeguard Dental Plan, Aetna Life Insurance and
the medical insurance options of Kaiser-Permanente
Foundation Health Plan, and the Contra Costa County
Health Plan, to all permanent employees regularly
scheduled to work twenty (20) or more hours per week.
Effective February 1 , 1994 the QualMed Health Plan will
be added. During the term of this MOU, all conditions and
agreements regarding health, dental and related benefits
contained in the January 1.3, 1994 Agreement
(Attachment N) between the County and the Health Care
Coalition Labor Coalition shall be in effect.
19.2 Rate Information. The County Benefits Division
will make health and dental plan rate information available
upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to
CCCEA LOCAL NO. 1 - 98 - 1995-99 MOU
employees and departments information about rate
changes as they occur during the year.
19.3 Medicare Rates. Corresponding Medicare rates
for employees covered under this MOU shall be as
follows: for Employee Only on Medicare by taking the
Employee Only rate for the option selected and
subtracting the monthly Part B Medicare premium
withheld from Social Security payments for one enrollee;
for Employee and Dependent(s) with one member on
Medicare by taking the Employee and Dependent(s) rate
for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security
payments for one enrollee; for Employee and
Dependent(s) with two members on Medicare by taking
the Employee and Dependent(s) rate for the option
selected and subtracting the monthly Part B Medicare
premium withheld from Social Security payments for two
enrollees.
19.4 Partial Month. The County's contribution to the
health plan premium is payable for any month in which the
employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of
the premium, the employee must make up the difference
by remitting the amount delinquent to the Auditor-
Controller. The responsibility for this payment rests with
the employee. If payment is not made, the employee shall
be dropped from the health plan. An employee is thus
covered by the health plan for the month in which
compensation is paid.
19.5 Coverage During Absences. An employee who
is on approved leave of absence may convert to individual
CCCEA LOCAL NO. 1 - 99 - 1995-99 MOU
health plan coverage within thirty (30) days of the
commencement of leave.
Employees shall be allowed to maintain their health plan
coverage at the County group rate for twelve (12) months
if on approved leave of absence provided that the
employee shall pay the entire premium (i.e. both employer
and employee share) for the health plan during said leave.
Said payment shall be made by the employee at a time
and place specified by the County. Late payment shall
result in cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months
may continue health plan coverage by converting to an
individual health plan option (if available) or continuing
group coverage subject to the provisions of the
Consolidated Omnibus Budget Reduction Act (COBRA)
provided the employee pays the entire cost of coverage,
plus any administrative fees, for the option selected. The
entire cost of coverage shall be paid at a place and time
specified by the County. Late payment may result in
cancellation of health plan coverage with no reinstatement
allowed.
19.6 Retirement Coverage. Upon retirement,
employees may remain in the same County group medical
plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if
on authorized leave of absence without pay they have
retained individual conversion membership from the
County plan.
19.7 Deferred Retirement. Effective two (2) months
following an approved agreement, employees who resign
CCCEA LOCAL NO. 1 - 100 - 1995-99 MOU
and file for a deferred retirement may continue in their
County group health and dental plan; the following
conditions and limitations apply:
a. Life insurance coverage is not included.
b. To be eligible to continue health and dental
coverage, the employee must:
1 . Be qualified for a deferred retirement under
the 1937 Retirement Act provisions.
2. 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.
3. Be eligible for a monthly allowance from the
Retirement System and direct receipt of a
monthly allowance within twenty-four (24)
months of their application for deferred
retirement.
4. File an electionto defer retirement and to
continue health_ benefits hereunder with the
County Benefits Division within thirty (30)
days before their separation from county
service.
C. 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
CCCEA LOCAL NO. 1 _ 101 - 1995-99 MOU
paying the full premium for their health and
dental coverage on 7 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.
d. 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 (3) calendar month
waiting period after the commencement of their
monthly allowance.
e. Eligibility for County subvention will not exist
hereunder unless and until the member draws a
monthly retirement allowance within not more
than twenty-four (24) months after separation
from County service.
f. Deferred retirees are required to meet the same
eligibility provisions for health/dental plans as
active/retired employees.
19.8 Dual Coverage. If a husband and wife both
CCCEA LOCAL NO. 1 - 102 - 1995-99 MOU
work for the County and one of them is laid off, the
remaining eligible shall be allowed to enroll or transfer into
the health coverage combination of his/her choice.
An eligible employee who is no longer covered for medical
or dental coverage through a spouse's coverage shall be
allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's
plan.
19.9 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).
19.10 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
CCCEA LOCAL NO. 1 _ 103 - 1995-99 MOU
eligible medical expenses allowed by Internal Revenue
Code Section 125. Any :Unused balance cannot be
recovered by the employee.
19.11 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).
19.12 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.
SECTION 20 - PROBATIONARY PERIOD
20.1 Duration. All appointments from officially
promulgated employment lists for original entrance or
promotion shall be subject to a probationary period. This
period shall be from six (6) months to two (2) years
duration.
20.2 Classes With Probationary Period Over Six
Months. Listed below are those classes represented by
the Union which have probation periods in excess of six
(6) months:
Agricultural Biologist Trainee - one (1 ) year
Animal Control Officer - one (1) year
Apprentice Mechanic - two (2) years
Deputy Probation Officer I - one (1) year
Deputy Public Defender - one (1 ) year
Family Support Collections Officer - one (1 ) year
CCCEA LOCAL NO. 1 - 104 - 1995-99 MOU
Probation Counselor I - one (1 ) year
Public Service Officer - one (1 ) year
Security Guard - one (1 ) year
Weights & Measures Inspector Trainee - one (1 ) year
20.3 Revised Probationary Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be
subject to the revised probationary period.
20.4 Criteria. The probationary period shall date from
the time of appointment to a permanent position after
certification from an eligible list. It shall not include time
served under provisional appointment or under
appointment to limited term positions or any period of
continuous leave of absence without pay or period of work
connected disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent
positions with a six (6) months probation period, probation
will be considered completed upon serving one thousand
(1 ,000) hours after appointment except that in no instance
will this period be less than six (6) calendar months from
the beginning of probation. If a permanent-intermittent
probationary employee is reassigned to full-time, credit
toward probation completion in the full-time position shall
be prorated on the basis of one hundred seventy-three
(173) hours per month.
20.5 Reiection During Probation. An employee who
is rejected during the probation period and restored to the
eligible list shall begin a new probationary period if
subsequently certified and appointed.
CCCEA LOCAL NO. 1 - 105 - 1995-99 MOU
A. Appeal from . Rejection. Notwithstanding any
other provisions of -this section, an employee
(probationer) shall have the right to appeal from
any rejection during the probationary period
based on political, or religious or union activities,
or race, color, national origin, sex, age, disability,
or sexual orientation.
B. The appeal must be written, must be signed by
the employee and set forth the grounds and facts
by which it is claimed that grounds for appeal
exist under Subsection A and must be filed
through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th)
calendar day after the date of delivery to the
employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if
it finds probable cause to believe that the
rejection may have been based on - grounds
prohibited in Subsection A, it may refer the
matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law
and decision, pursuant to the relevant provisions
of the Merit Board rules in which proceedings the
rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after hearing,
the Merit Board upholds the appeal, it shall direct
that the appellant be reinstated in the position
and the appellant shall begin a new probationary
period unless the Merit Board specifically
reinstates the former period.
CCCEA LOCAL NO. 1 - 106 - 1995-99 MOU
20.6 Regular Appointment. The regular appointment
of a probationary employee shall begin on the day
following the end of the probationary period, subject to the
condition that the Director of Human Resources receive
from the appointing authority a statement in writing that
the services of the employee during the probationary
period were satisfactory and that the employee is
recommended for permanent appointment. A probationary
employee may be rejected at any time during the
probation period without regard to the Skelly provisions of
this Memorandum, without notice and without right of
appeal or hearing. If the appointing authority has not
returned the probation report, a probationary employee
may be rejected from the service within a reasonable time
after the probation period for failure to pass probation. If
the appointing authority fails to submit in a timely manner
the proper written documents certifying that a probationary
employee has served in a satisfactorymanner and later
acknowledges it was his or her intention to do so, the
regular appointment shall begin on the day following the
end of the probationary period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee had
been promoted or transferred from an eligible list, shall be
restored to a position in the department from which the
employee was promoted or transferred.
An employee dismissed for other than disciplinary
reasons within six (6) months after being promoted or
transferred from a position in the Merit System to a
position not included in the Merit System shall be restored
to a position in the classification in the department from
CCCEA LOCAL NO. 1 - 107 - 1995-99 MOU
which the employee was promoted or transferred.
A probationary employee who has been rejected or has
resigned during probation shall not be restored to the
eligible list from which the employee was certified unless
the employee receives the affirmative recommendation
from the appointing authority and is certified by the
Director of Human Resources whose decision is final.
The Director of Human Resources shall not certify the
name of a person restored to the eligible list to the same
appointing authority by whom the person was rejected
from the same eligible list, unless such certification is
requested in writing by the appointing authority.
20.7 Layoff During Probation. An employee who is
laid off during probation, if reemployed in the same class
by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full probationary
period. An employee appointed to a permanent position
from a layoff or reemployment list is subject to a probation
period if the position is in a department other than the
department from which the employee separated,
displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not
subject to a probation period if the position is in the
department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
20.8 Resection During Probation of Layoff
Employee. An employee who has achieved permanent
status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the
CCCEA LOCAL NO. 1 - 108 - 1995-99 MOU
probation period shall be automatically restored to the
layoff list, unless discharged for cause, if the person is
within the period of layoff eligibility. The employee shall
begin a new probation period of subsequently certified
and appointed in a different department or classification
than that from which the employee was laid off.
SECTION 21 - PROMOTION
21 .1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in this
MOU.
21 .2 Promotion Policy. The Director of Human
Resources, upon request of an appointing authority, shall
determine whether an examination is to be called on a
promotional basis.
21 .3 Open Exam. If an examination for one of the
classes represented by the Union is proposed to be
announced on an Open only basis the Director of Human
Resources shall give five (5) days prior notice of such
proposed announcement and shall meet at the request of
the Union to discuss the reasons for such open
announcement.
21 .4 Promotion via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her position
reclassified at the request of the appointing authority and
under the following conditions:
CCCEA LOCAL NO. 1 - 109 - 1995-99 MOU
a. An evaluation of the position(s) in question must
show that the duties and responsibilities have
significantly increased and constitute a higher
level of work.
b. The incumbent of the position must have
performed at the higher level for six (6) months.
C. The incumbent must meet the minimum
education and experience requirements for the
higher class.
d. The action must have approval of the Director of
Human Resources .
e. The Union approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
21 .5 Requirements for Promotional Standing. In
order to qualify for an examination called on a promotional
basis, an employee must have probationary or permanent
status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing date. If an employee who is
qualified on a promotional employment list is separated
from the merit system, except by layoff, the employee's
name shall be removed from the promotional list.
21 .6 Seniority Credits. Employees who have
qualified to take promotional examinations and who have
earned a total score, not including seniority credits, of
CCCEA LOCAL NO. 1 - 110 - 1995-99 MOU
seventy (70) percent or more, shall receive, in addition to
all other credits, five one-hundredths of one (.05) percent
for each completed month of service as a permanent
County employee continuously preceding the final date for
filing application for said examination. For purposes of
seniority credits, leaves of absence shall be considered as
service. Seniority credits shall be included in the final
percentage score from which the rank on the promotional
list is determined. No employee, however, shall receive
more than a total of five percent (5%) credit for seniority in
any promotional examination.
21 .7 Release Time for Physical Examination.
County employees who are required as part of the
promotional examination process to take a physical
examination shall do so on County time at County
expense.
SECTION 22 - TRANSFER & REASSIGNMENT
22.1 Transfer Conditions. The following conditions
are required in order to qualify for transfer:
a. The position shall be in the same class, or if in a
different class shall have been determined by the
Director of Human Resources to be appropriate
for transfer on the basis of minimum
qualifications and qualifying procedure.
b. The employee shall have permanent status in the
merit system and shall be in good standing.
C. The appointing authority or authorities involved in
CCCEA LOCAL NO. 1 - 111 - 1995-99 MOU
the transaction shall have indicated their
agreement in writing.
d. The employee concerned shall have ' indicated
agreement to the change in writing.
e. The Director of Human Resources shall have
approved the change. Notwithstanding the
foregoing, transfer may also be accomplished
through the regular appointment procedure
provided that the individual desiring transfer has
eligibility on a list for a class for which
appointment is being considered.
22.2 Transfer Policy. Any employee or appointing
authority who desires to initiate a transfer may inform the
Director of Human Resources in writing of such desire
stating the reasons therefore. The Director of Human
Resources shall if he or she considers that the reasons
are adequate and that the transfer will be for the good of
the County service and the parties involved, inform the
appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in
accomplishing the transfer.
22.3 Reassignment of Work Location. Employees
desirous of reassignment to a position in the same
classification at another work location shall submit a
request for reassignment in writing to the Department
Head. When openings occur in various work locations,
requests for reassignment will be reviewed with con-
sideration given to various factors including but not limited
to distance of employee's residence from desired work
location and relative length of service of the applicants for
CCCEA LOCAL NO. 1 - 112 - 1995-99 MOu
a particular location. The Department Head or designated
representative shall make the sole determination as to
assignment of personnel, except as otherwise provided in
the supplemental sections of this MOU. This provision
applies to intradepartmental reassignments only.
This provision for work location reassignments applies
only to the following units: Agriculture Unit (excluding the
Weights and Measures Division); Library Unit; Legal and
Court Clerk Unit.
22.4 Voluntary Reassignment (Bidding) Procedure.
The below listed procedure shall apply to the following
groups of employees: the entire General Services and
Maintenance Unit, the entire LVN-Attendant/Aide Unit, the
entire Health Services Unit, Probation Counselors in the
Probation Department and that portion of the Engineering
Unit in the Public Works Department.
Permanent employees may request reassignment to
vacant permanent positions in the same classification or
in the same level of their deep classification. All
permanent vacancies will be offered for bid to presently
.assigned full-time, part-time and permanent-intermittent
employees for reassignment. , Nothing herein precludes
the making of temporary reassignments not entailing the
filling of vacant permanent positions. The following
procedures shall apply:
a. Responsibility. Implementation of the
reassignment procedure is the responsibility of
the supervisor of the position which is vacant.
CCCEA LOCAL NO. 1 - 113 - 1995-99 MOv
b. Vacancy Notices Posted. Vacant position notices
for positions which are to be filled shall be posted
for seven (7) calendar days. The notice shall
specify job characteristics and shall be posted
only once The supervisor may begin interviewing
bidders immediately upon posting the bid notice.
If the supervisor receives less -than three (3)
bidders, he or she may fill the position by using
the Merit System eligible list or by making
internal reassignments. For purposes of this
procedure, a bidder is an employee in the same
class who is eligible to bid under Section d,
following, and who meets all the minimum
qualifications for the position including any
specialized requirements such as bilingual
ability, position flag requirements, and who
submits a bid on the position.
C. All Vacancies Must be Posted. All vacant
positions which may occur by creation of new
positions, separation, promotion, demotion or
reassignment must be posted for permanent
employee bidding.
d. Who May Request Reassignment. All permanent
full-time, permanent part-time or permanent-
intermittent employees may request
reassignment to any open permanent position in
the same classification or in the same level of a
deep classification anywhere else in their
Department.
e. Who May Not Request Reassignment.
Employees who are in a temporary status or
CCCEA LOCAL NO. 1 - 114 - 1995-99 MOu
provisionally appointed to a permanent position
may not bid for reassignment under this
procedure.
f. Employee Selection. If three (3) or more
employees bid on the position, the position shall
be filled from among the three (3) most senior
bidders. For the purposes of bidder selection,
the "Rule of 3" shall apply. That is, the supervisor
is entitled to select from three (3) candidates and
the three (3) most senior may be considered as
equal. Seniority for bidding purposes means
classification seniority for layoff purposes. If two
(2) employees bid, the supervisor shall be
entitled to one (1 ) additional name from an
eligible list. If one (1) employee bids, the
supervisor shall be entitled to two (2) additional
names from an eligible list. If no employees bid,
the supervisor may fill the position from an
eligible list or otherwise in accordance with the
Personnel Management Regulations. The
supervisor shall offer to interview all candidates
either in person or on the telephone. Subsequent
to submitting a bid, an employee may waive
consideration for the position at any time by
notifying the supervisor verbally or in writing in
which case the next most senior bidder (if any) or
candidate from the eligible list may be
considered. The remaining active bidders will be
advised within ten (10) work days after the
posting is removed whether they have been
selected or the status of their bid. If requested
by the employee, supervisors shall give an
employee in writing the reason(s) why he or she
CCCEA LOCAL NO. 1 - 115 - 1995-99 MOU
was not selected.
g. No Old Job Claim. The selected employee shall
have no claim on the job(s) he or she left. ' If a
decision is made by the employee to seek
immediate reassignment, the employee may only
be placed in another vacant position in
accordance with this policy.
h. Bidding While on Leave. Employees interested in
a particular assignment and wishing to be
notified of an open position while on vacation,
sick leave or leave of absence (not scheduled
day off) may leave a written notice or a self-
addressed, stamped envelope with the super-
visor of the position they are interested in.
i. Probationary and New Assignment Bidding.
Employees who are on probation or who have
been in a new work assignment for less than
three (3) months, may bid for a vacant position
which is open. The bid will be considered if,
when bidding is closed, there are less than three
(3) employees who are not on probation or in
new assignments who have bid for the position.
Bids from employees on probation or in new
assignments will be in addition to any names
referred to the department through the
certification process described in Section 22.4-f
above. Probation Counselors who have
completed six (6) months of their one (1 ) year
probation may bid the same as all other
permanent employees.
CCCEA LOCAL NO. 1 - 116 - 1995-99 MOU
CONTRA COSTA COUNTY - LOCAL NO. 1 BID NOTICE
To: Permanent Employees in the class of
From:
Name Title
SUBJECT: NOTICE OF OPEN POSITION
Classification: Position No:
Level: Position Type: FT PPT PI
(If deep classification)
Department: Division:
Geographic Area:
(East, West, Central)
Worksite (street address, etc.)-
Shift/Hours: Days Off:
Other Requirements (i.e., bilingual ability, position flags):
All eligible full time, permanent part-time, or permanent-intermittent
employees in the above classification interested in this position, submit bids
IN WRITING on Form 103 (WIDSI) to:
by:
Name Date Time of Day
Posting Date: Removal Date:
22.5 Involuntary ReMignment Procedure. TM
below listed procedure shall apply to the following groups
of employees (except in the case of layoffs where Section
CCCEA LOCAL NO. 1 - 117 - 1995-99 MOU
22.6 governs): entire General Services and Maintenance
Unit; entire LVN/Attendant/Aide Unit; entire Health
Services Unit; Probation Counselors in the Probation
Department; and that portion of the Engineering Unit in
the Public Works Department.
Department management, at its sole discretion, may
determine from time to time that involuntary
reassignments of staff are required. Involuntary
reassignments are the reassignments of permanent
employees in their existing classification to a new
worksite, shift, or program area. Such decisions may
result from inability to fill a vacancy through the voluntary
reassignment procedure or from a determination that
excess staff are allocated to a certain site, shift, or
program. When such decisions are made and the
reassignments are permanent, the below listed procedure
shall apply.
This policy shall not apply to temporary reassignments of
less than eight (8) weeks duration to cover such things as
vacation relief, sick leave absences, temporary shifts in
workload, training assignments, or temporary short term
assignments to cover vacant positions which could not be
filled through the voluntary reassignment policy and for
which actions are underway to fill permanent from an
eligible list. If a temporary reassignment is expected to
exceed eight (8) weeks in duration, the affected
Department shall either use the below listed procedure or
will meet and confer with the Union on a case by case
basis regarding an alternative approach:
a. Management will identify the classifications and
positions from which reassignments are
CCCEA LOCAL NO. 1 - 118 - 1995-99 MOu
necessary.
b. Affected employees will be provided with a list of
vacancies/ assignments for which they may
apply.
C. Affected employees shall be given the
opportunity to volunteer for the available
vacancies/assignments and shall be considered
in accordance with Part f. of the voluntary
reassignment procedure.
d. If there are insufficient volunteers for the number
of available positions or no volunteers, and
involuntary reassignments are still required, the
least senior qualified affected employee shall be
reassigned to the vacant assignment identified
by management, followed by the next least
senior employee, and so on in inverse order of
seniority until all necessary reassignments are
completed. Qualified is defined as a person
possessing the necessary training or experience
for the specific assignment.
Seniority for involuntary reassignment purposes
shall be defined as seniority within classification.
Nothing contained in this Section shall prohibit
the Department and the Union from making a
mutually agreed upon alternative arrangement.
In no event shall reassignments be utilized for
disciplinary purposes.
CCCEA LOCAL NO. 1 - 119 - 1995-99 MOU
22.6 Reassignment Due to Layoff or Displacement.
When reassignment of an employee or employees is
necessary due to layoff or displacement, the following
procedures shall be followed:
a. A list of vacant positions shall be posted in work
areas of all affected employees for a. minimum of
five (5) work days.
b. Employees shall be given the opportunity to
volunteer for vacancies and shall be reassigned
on the basis of seniority.
C. If there are no volunteers for reassignment, the
least senior employee(s) in that class shall be
reassigned.
d. Management shall have the sole prerogative to
select the vacancy to which the least senior
employee(s) shall be reassigned.
Seniority for reassignment purposes shall be
defined as (in Section II, Layoff) seniority within
classification. If reduction or reassignment by
site is necessary, the least senior employee in
the affected class at the site shall be reassigned.
If reduction or reassignment is necessary by
shift, the least senior employee in the affected
class assigned to the affected shift shall be
reassigned. Nothing contained in this Section
shall prohibit a Department and the Union from
making a mutually agreed upon alternative
arrangement.
CCCEA LOCAL NO. 1 - 120 - 1995-99 MOU
SECTION 23 a RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to
the Human Resources Department by the appointing
authority immediately on receipt, and shall indicate the
effective date of termination. Oral resignation shall be
immediately confirmed by the appointing authority in
writing to the employee and to the Human Resources
Department and shall indicate the effective date of
termination.
23.1 Resignation in Good Standing. A resignation
giving the appointing authority written notice at least two
(2) weeks in advance of the last date of service (unless
the appointing authority requires a longer period of notice,
or consents to the employee's terminating on shorter
notice) is a resignation in good standing.
23.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
a. An employee has been absent from duty for five
(5) consecutive working days without leave; and
b. Five (5) more consecutive work days have
elapsed without response by the employee after
the receipt of a registered or certified letter citing
a notice of resignation by the appointing authority
to the employee at the employee's last known
address but no more than ten (10) working days
from mailing of said notice.
CCCEA LOCAL NO. 1 - 121 - 1995-99 MOU
23.3 Effective Resignation. A resignation. is effective
when delivered or spoken to the appointing authority,
operative on that date or another date specified. An
employee who resigns without advance notice as set forth
in Section 23.1 , may seek recession of the resignation
and reinstatement by delivering an appeal in writing to the
Human Resources not later than close of business on the
third (3rd) calendar day after the resignation is effective.
Within five (5) work days of receipt of the appeal, the
Human Resources Director shall consider the appeal and
render a final and binding decision including, if applicable,
the date of reinstatement.
23.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing authority.
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
calendar days after its expression, by serving
written notice on the Director of Human
Resources and a copy to the appointing
authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it shall
be revoked and the employee returned to duty
effective on the day following the appointing
authority's acknowledgment without loss of
seniority or pay.
CCCEA LOCAL NO. 1 - 122 - 1995-99 MOU
C. Contest. Unless, within seven (7) days of the
receipt of the notice, the appointing authority
acknowledges that the resignation could have
been believed to be coerced, this question
should be handled as an appeal to the Merit
Board. In the alternative, the employee may file
a written election with the Director of Human
Resources waiving the employee's right of
appeal to the Merit Board in favor of the
employee's appeal rights under the grievance
procedure contained in Section 25 of the MOU
beginning with Step 3.
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the
employee returned to duty effective on the day
following the decision but without loss of seniority
or pay, subject to the employee's duty to mitigate
damages.
SECTION 24 - DISMISSAL, SUSPENSION,
TEMPORARY REDUCTION IN PAY, AND DEMOTION
24.1 Sufficient Cause for Action. The appointing
authority may dismiss, suspend, temporarily reduce the
pay of, or demote any employee for cause. The reduction
in pay may not exceed five percent (5%) for a three (3)
month period. The following are sufficient causes for such
action; the list is indicative rather than inclusive of
restrictions and dismissal, suspension or demotion may
be based on reasons other than those specifically
CCCEA LOCAL NO. 1 - 123 - 1995-99 MOv
mentioned:
a. Absence without leave.
b. Conviction of any criminal act involving moral
turpitude.
C. Conduct tending to bring the merit system into
disrepute.
d. Disorderly or immoral conduct.
e. Incompetence or inefficiency.
f. Insubordination.
g. Being at work under the influence of liquor or
drugs, carrying onto the premises liquor or drugs
or consuming or using liquor or drugs during
work hours and/or on County premises.
h. Neglect of duty (i.e. non-performance of
assigned responsibilities).
i. Negligent or willful damage to public property or
waste of public supplies or equipment.
j. Violation of any lawful or reasonable regulation
or order given by a supervisor or Department
Head.
k. Willful violation of any of the provisions of the
merit system ordinance or Personnel
Management Regulations.
CCCEA LOCAL NO. 1 - 124 - 1995-99 MOU
I. Material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment.
M. Misappropriation of County funds or property.
n. Unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by this MOU.
o. Dishonesty or theft.
P. Excessive or unexcused absenteeism and/or
tardiness.
q. Sexual harassment, including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the
purpose or effect of affecting employment
decisions concerning an individual, or unreaso-
nably interfering with an individual's work
performance, or creating an intimidating and
hostile working environment.
24.2 Skelly Requirements. Before taking a
disciplinary action to dismiss, suspend, for more than five
(5) work days (four (4) work days for employees on a 4/10
work week), temporarily reduce the pay of, or demote an
employee, the appointing authority shall cause to be
served personally or by certified mail, on the employee, a
Notice of Proposed Action, which shall contain the
following:
CCCEA LOCAL NO. 1 - 125 - 1995-99 MOU
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or
omissions and grounds upon which the action is
based.
C. If it is claimed that the employee has violated a
rule or regulation of the County, department or
district, a copy of said rule shall be included with
the notice.
d. A statement that the employee may review and
request copies of materials upon which the
proposed action is based.
e. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
24.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served shall
have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed
action may be taken. Upon request of the employee and
for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response
is not filed within seven (7) days or during an extension,
the right to respond is lost.
24.4 Leave Pending Employee Response. Pending
response to a Notice of Proposed Action within the first
seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the
employee on temporary leave of absence, with pay.
CCCEA LOCAL NO. 1 - 126 - 1995-99 MOU
24.5 Length of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered by an
arbitrator, an adjustment board or the Merit Board. .
24.6 Procedure on Dismissal, Suspension,
Temporary Reduction in Pay, or Demotion.
A. In any disciplinary action to dismiss, suspend,
temporarily reduce the pay of, or demote an
employee having permanent status in a position
in the merit system, after having complied with
the Skelly requirements where applicable, the
appointing authority shall make an order in
writing stating specifically the causes for the
action.
B. Service of Order. Said order of dismissal,
suspension, temporary reduction in pay, or
demotion shall be filed with the Director of
Human Resources, showing by whom and the
date a copy was served upon the employee to be
dismissed, suspended, temporarily reduced in
pay, or demoted, either personally or by certified
mail to the employee's last known mailing
address. The order shall be effective either upon
personal service or deposit in the U.S. Postal
Service.
C. Employee Appeals from Order. The employee
may appeal an order of dismissal, suspension,
temporary reduction in pay, or demotion either to
the Merit Board or through the procedures of
Section 25 - Grievance Procedure of this MOU
provided that such, appeal is filed in writing with
CCCEA LOCAL NO. 1 - 127 - 1995-99 MOv
the Director of Human Resources within ten (10)
calendar days after service of said order. An
employee may not both appeal to the Merit
Board and file a grievance under Section 25 of .
this MOU.
24.7 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.
SECTION 25 - GRIEVANCE PROCEDURE
25.1 Definition and Procedural Steps. A grievance
is any dispute which involves the interpretation or
application of any provision of this MOU excluding,
however, those provisions of this MOU which specifically
provide that the decision of any County official shall be
final, the interpretation or application of those provisions
not being subject to the grievance procedure. The Union
may represent the grievant at any state of the process.
Grievances must be filed within thirty (30) days of the
incident or occurrence about which the grievant claims to
have a grievance and shall be processed in the following
manner:
Step 1 . Any employee or group of employees who
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment shall
discuss the complaint with the grievant's immediate
CCCEA LOCAL NO. 1 - 128 - 1995-99 MOU
supervisor, who shall meet with the grievant within five (5)
days of receipt of a written request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step
1 above, the grievant may submit the grievance in writing
within ten (10) work days to such management official as
the Department Head may designate. This formal written
grievance shall state which provision of the MOU has
been misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the
grievant's detriment, and the redress he or she seeks. A
copy of each written communication on a grievance shall
be filed with the Director of Human Resources. The
Department Head or his or her designee shall have ten
(10) work days in which to respond to the grievance in
writing. If either the union or grievant request a meeting
with the Department Head or his/her designee at this step,
such a meeting will be held.
Step 3. If a grievance is not satisfactorily resolved in Step
2 above, the grievant may appeal in writing within ten (10)
work days to the Director 'of Human Resources. The
Director of Human Resources or his/her designee shall
have twenty (20) work days in which to investigate the
merit of the complaint and to meet together at the same
time with the Department Head or his/her designee and
the grievant and attempt to settle the grievance and
respond in writing.
Step 4. No grievance may be processed under this
Section which has not first been filed and investigated in
accordance with Step 3 above and filed within ten (10)
work days of the written response of the Director of
Human Resources or his/her designee. If the parties are
CCCEA LOCAL NO. 1 - 129 - 1995-99 MOU
unable to reach a mutually,, satisfactory accord on any
grievance which arises and .is presented during the term
of this MOU, such grievance shall be submitted in writing
within seven (7) work days to an Adjustment Board
comprised of three (3) Union representatives, no more
than two (2) of whom shall be either an employee of the
County or an elected or appointed official of the Union
presenting this grievance, and three (3) representatives of
the County, no more than two (2) of whom shall be either
an employee of the County or a member of the staff of an
organization employed to represent the County in the
meeting and conferring process. The Adjustment Board
shall meet and render a decision within twenty (20) work
days of receipt of the written request and render a
decision. If the County fails to meet the time limits
specified in Step 4 and the grievant demands in writing
that an Adjustment Board be convened, the County will
convene an Adjustment Board within ten (10) work days of
receipt of the original request or the grievance will move
to arbitration upon demand.
Step 5. If an Adjustment Board is unable to arrive at a
majority decision, either the grievant or the County may
require that the grievance be referred to an impartial
arbitrator who shall be designated by mutual agreement
between the grievant and the Director of Human
Resources. Such request shall be submitted within twenty
(20) work days of the rendering of the Adjustment Board
decision. Within twenty (20) work days of the request for
arbitration, the parties shall mutually select an arbitrator
who shall render a decision within. thirty (30) work days
from the date of final submission of the grievance
including receipt of the court reporter's transcript and post
hearing briefs if any. The fees and expenses of the
CCCEA LOCAL NO. 1 - 130 - 1995-99 MOU
arbitrator and of the Court reporter shall be shared
equally by the grievant and the County. Each party,
however, shall bear the costs of its own presentation,
including preparation and post- hearing briefs, if any.
25.2 Scope of Adjustment Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators
on matters properly before them shall be final
and binding on the parties hereto, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall
entertain, hear, decide or make
recommendations on any dispute unless such
dispute involves a position in a unit represented
by the Union which has been certified as the
recognized employee organization for such unit
and under such dispute falls within the definition
of a grievance as set forth in Subsection 25.1
above.
C. Proposals to add to or change this MOU or to
change written agreements supplementary
hereto shall not be arbitrable and no proposal to
modify, amend, or terminate this MOU, nor any
matter or subject arising out of or in connection
with such proposals, may be referred to
arbitration under this Section. Neither any
Adjustment Board nor any arbitrator shall have
the power to amend or modify this MOU or
written agreements supplementary hereto or to
establish any new terms or coriditions of
CCCEA LOCAL NO. 1 - 131 - 1995-99 MOU
employment.
1.4
D. If the Director of Human Resources in pursuance
of the procedures outlined in Step 3 above, or
the Adjustment Board in pursuance of the
provisions of Step 4 above resolve a grievance
which involves suspension or discharge, they
may agree to payment for lost time or to
reinstatement with or without payment for lost
time.
E. No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
Boards or arbitration proceedings hereunder) will
be recognized unless agreed to by the County
and the Union.
25.3 Time Limits. The time limits specified above
may be waived by mutual agreement of the parties to the
grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will
automatically move to the next step. If a grievant fails to
meet the time limits specified in Steps 1 through 5 above,
the grievance will be deemed to have been settled and
withdrawn.
25.4 Union Notification. An official, with whom a
formal grievance is filed by a grievant who is included in a
unit represented by the Union, but is not represented by
the Union in the grievance, shall give the Union a copy of
the formal- presentation.
25.5 Compensation Complaints. All complaints
involving or concerning the payment of compensation
CCCEA LOCAL NO. 1 - 132 - 1995-99 MOU
shall be initially filed in writing with the Director of Human
Resources. Only complaints which allege that employees
are not being compensated in accordance with the
provisions of this MOU shall be considered as grievances.
Any other matters of compensation are to be resolved in
the meeting and conferring process, if not detailed in the
MOU which results from such meeting and conferring
process shall be deemed withdrawn until the meeting and
conferring process is next opened for such discussion. No
adjustment shall be retroactive for more than six (6)
months from the date upon which the complaint was filed.
No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Board or
arbitration proceedings hereunder) will be recognized
unless agreed to by the County and the Union.
25.6 Strike/Work Stoppage. During the term of this
MOU, the Union, its members and ,representatives, agree
that it and they will not engage in, authorize, sanction, or
support any strike, slowdown, stoppage of work, sick-out,
or refusal to perform customary duties.
In the case of a legally declared lawful strike against a
private or public sector employer which has been
sanctioned= and approved by the labor body or council
having: jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket
line, provided the employee advises his or her supervisor
as soon as possible, and provided further that an
employee may be required to cross a picket line where
the performance of his or her duties is of an emergency
nature and/or failure to perform such duties might cause
or aggravate a danger to public health or safety.
CCCEA LOCAL NO. 1 - 133 - 1995-99 MOU
25.7 Merit Board.
A. All - Grievances of employees in representation
units represented by the Union shall be
processed under Section 25 unless the
employee elects to apply to the Merit Board on
matters within its jurisdiction.
B. No action under Steps 3, 4 and 5 of Subsection
25.1 above shall be taken if action on the
complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is
pending before the Merit Board.
25.8 Filinq by Union. The Union may file a grievance
at Step 3 on behalf of affected employees when action by
the County Administrator or the Board of Supervisors
violates a provision of this MOU.
SECTION 26 - BILINGUAL PAY
A salary differential of fifty dollars ($50.00) per month shall
be paid incumbents of positions requiring bilingual
proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be
prorated for employees working less than full-time and/or
who are on an unpaid leave of absence for a portion of
any given month. Designation of positions for which
bilingual proficiency is required is the sole prerogative of
the County. The Union shall be notified when such
designations are made. Effective July 1 , 1996, the current
program differential shall be increased from fifty dollars
($50.00) per month to sixty dollars ($60.00) per month.
Effective October 1 , 1997, the differential shall be
CCCEA LOCAL NO. 1 - 134 - 1995-99 MOU
increased to a total of sixty-five dollars ($65.00) per
month.
SECTION 27 - RETIREMENT CONTRIBUTION
27.1 Contribution. Pursuant to Government Code
Section 31581 .1 , the County will continue to pay fifty
percent (50%) of the retirement contributions normally
required of employees. Such payments shall continue for
the duration of this MOU, and shall terminate thereafter.
Employees shall be responsible for payment of the
employees' contribution for the retirement cost of living
program as determined by the Board of Retirement of the
Contra Costa County Employees' Retirement Association
without the County paying lany part of the employees
share. The County will pay the remaining one-half ('/2) of
the retirement cost-of-living program contribution.
27.2 Tier III. 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:
a. The County and the Labor Coalition must agree
on the wording of the legislation and both parties
must support the legislation.
b. 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 Ill shall be the same as
CCCEA LOCAL NO. 1 - 135 - 1995-99 MOU
the current Tier II d bility provisions.
c. 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.
d. 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.
The County's employer contributions and subvention of
employee contributions for Labor Coalition employees
electing Tier 111 which exceed those which would be
required for Tier II membership shall:
a. Be funded by reducing the general wage
increase agreed upon to be effective October 1 ,
1997, and the pay equity amounts attributable
CCCEA LOCAL NO. 1 - 136 - 1995-99 MOU
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
b. 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
C. 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 thdivided by
twelve (12) and each twelfth (12 shall shall be
augmented by an amount equal to the County's
common pooled fund interest which would have
accrued if one (1) twelfth (12th) had been
invested in the first month of the past year, two
(2) twelfths (12ths) in the second month of the
past year and so forth; and
CCCEA LOCAL NO. 1 -1317 - 1995-99 MOU
d. Any savings to .tl 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
111; and
e. 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.
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.
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 11 shall be
recovered by reducing general wage increases to the
employees represented by the Labor Coalition.
Any disputes regarding cost or savings shall be subject to
binding arbitration upon demand of the Labor Coalition or
the County,.
CCCEA LOCAL NO. 1 - 138 - 1995-99 MOU
The enabling legislation shall provide that the Tier III
Retirement Plan may be implemented only by an
ordinance enacted by-the Board of Supervisors.
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.
The establishment of the Tier III Retirement Plan pursuant
to the terms of this MOU shall be subject to approval by
the Board of Retirement of the Contra Costa County
Employees' Retirement Association.
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.
CCCEA LOCAL NO. 1 - 139 - 1995-99 MOU
SECTION 28 - TRAINING IIhIlBURSEMENT
The County Administrative Bulletin on Training shall
govern reimbursement for training and shall limit
reimbursement for career development training to two
hundred seventeen ($217) per semester or one hundred
sixty-two dollars and fifty cents ($162.50) per quarter, not
to exceed six hundred fifty dollars ($650) per year, except
as otherwise provided in the supplemental sections of this
MOU. Effective July 1 , 1996, reimbursement under the
above limits for the cost of books for career development
training shall be allowable.
SECTION 29 - SAFETY SHOES AND PRESCRIPTION
SAFETY EYEGLASSES
The County shall expend every effort to see to it that the
work performed under the terms and conditions of this
MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient
operations.
For each two year period starting January 1 , 1994 eligible
employees will be allowed reimbursement for the
purchase and repair of safety shoes up to a maximum of
one hundred sixty dollars ($160). There is no limitation on
the number of shoes or number of repairs allowed.
The County will reimburse eligible employees for
prescription safety eyeglasses which are approved by the
County and are obtained from such establishment as
required by the County up to one (1 ) pair per year.
CCCEA LOCAL NO. 1 - 140 - 1995-99 MOU
Starting January 1 , 1997, the County will provide those
employees currently eligible for safety shoe allowance
with two (2) methods for purchasing safety shoes:
a. Reimbursement for the purchase and repair of safety
shoes up to a maximum of one hundred sixty ($160)
dollars for each two (2) year period (beginning
January 1 , 1996).
b. Voucher obtained from the eligible employees'
Department for an identified vendor for the purchase
of safety shoes up to a maximum of one hundred
sixty ($160) dollars for each two (2) year period
beginning January 1 , 1996.
The eligible employee will inform their Department's
accounting section of the desired method for purchasing
safety shoes at the beginning of each calendar year.
SECTION 30 - VIDEO DISPLAY TERMINAL (VDT)
USERS EYE EXAMINATION
Effective the first of the month following adoption of this
MOU, employees in the Legal & Court Clerk Unit, Library
Unit, Probation Unit and Investigative Unit shall be eligible
to receive an annual eye examination on County time and
at County expense in accordance with the following
conditions:
a. Eligible employees must use a video display
terminal at least an average of two hours per day
as certified by their department.
CCCEA LOCAL NO. 1 - 141 - 1995-99 MOU
b. Eligible employees who wish an eye examination
under this program should request it through the
County Human Resources Department, Benefits
Division. Who will arrange for eye examinations
and monitor the results on a County-wide basis.
C. Should prescription VDT glasses be prescribed
for an employee following an eye examination,
the County agrees to provide, at no cost, the
basic coverage including a ten ($10) dollar frame
and single vision lenses. Employees may,
through individual arrangement between the
employee and their doctor, and solely at the
employee's expense, include bifocal, trifocal or
blended lenses and other care, services or
materials not covered by the plan. The basic plan
coverage, including the examination, may be
credited toward the employee enhanced benefit.
SECTION 31 - PERFORMANCE EVALUATION
PROCEDURE
The following procedures shall apply in those departments
which already have a formal written performance
evaluation system. Nothing herein shall be construed to
require the establishment of such a system where it does
not currently exist.
A. Goal: A basic goal of the employee evaluation is
to help each employee perform his/her job more
effectively to the mutual benefit of the employee
and the County. The evaluation process
provides an ongoing means of evaluating an
CCCEA LOCAL NO. 1 - 142 - 1995-99 MOU
employee's job performance and promoting the
improvement of the job performance.
The evaluation process also provides the
opportunity to recognize and document
outstanding service as well as service that has
been unsatisfactory: to the County.
B. Frequency of Evaluation.
1 . Probationary employees -shall be evaluated
at least once during their probationary
period.
2. Permanent employees may be evaluated
every year.
C. Procedure.
1 . An employee shall generally be evaluated by
the first level management supervisor above
the employee.
2. It will be necessary in some cases for a
supervisor to consult with the employee's
immediate work director in order to make a
comprehensive evaluation.
3. Where feasible, evaluations will be based
primarily on observation by the evaluator of
the employee in the performance of his/her
duties. Comments based on secondary
information shall have supportive
documentation.
CCCEA LOCAL NO. 1 - 143 - 1995-99 MOv
4. An employee ,wil.l- be informed in advance of
a meeting with ;his/her supervisor to discuss
the employee's evaluation and to put the
evaluation -in writing on the department
evaluation forms.
5. The employee shall be informed of his/her
right to prepare and have attached to the
evaluation form any written comments which
the employee wishes to make.
6. When an employee is rated below
satisfactory on any factor, the evaluation will
give the reasons for such rating and include
specific recommendations for improvement
in writing.
7. The employee's signing of an evaluation
form does not necessarily mean that the
employee agrees with the evaluation but it
does mean that the employee has had an
opportunity to discuss the evaluation with
his/her evaluator.
8. The employee will be given a copy of his/her
completed evaluation form at the time form
is signed by the employee. (Confirmation of
final version to be received later.)
9. Any rating below average or unsatisfactory
shall be supported by written documentation
received by the employee at the time the
incident(s) occurred.
CCCEA LOCAL NO. 1 - 144 - 1995-99 MOu
10. Nothing shall be added by management to
an evaluation after the employee has signed
and received a copy of the evaluation
without the employees written
acknowledgment.
Failure to follow the foregoing procedure is subject to the
grievance procedure. However, disputes over the actual
content or ratings themselves in individual evaluations are
not grievable, but may be; mediated by the Director of
Human Resources upon request of either the employee
or the Department. Prior to being mediated by the Director
of Human Resources either party may request fact finding
to assist in the resolution 'ofi the dispute. One (1) fact
finder shall be selected by each party to the dispute within
ten (10) work days from the initial request for fact finding.
The fact finders shall have. twenty (20) work days from
notice of selection to investigate and render opinions to
the Director of Human Resources.
SECTION 32- MILEAGE
32.1 Reimbursement for Use of Personal Vehicle.
The mileage allowance for use ' of personal vehicles on
County business shall be paid according to the rates
allowed by the Internal Revenue Service (currently
$.31/mile) and shall be adjusted to reflect changes in this
rate on the date it becomes effective or the first of the
month following announcement of the changed rate by the
Internal Revenue Service, whichever is later.
32.2 Charge For Use of Home Garaged County
Vehicle. Employees hired .after July 1 , 1994 who are
CCCEA. LOCAL NO. 1 - 145 - 1995-99 MOU
assigned vehicles to garage��at home will be charged the
IRS mileage rate for all commute miles driven outside the
limits of Contra Costa County that exceed thirty (30) miles
round-trip in any one day.
SECTION 33 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error
in the amount of compensation to be received and if this
error occurred as a result of a mistake by the Auditor-
Controller's Department, it is the policy of the Auditor-
Controller's Department that the error will be corrected
and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the
time the Department is made aware of and verifies that
the pay warrant is in error. If the pay warrant error has
occurred as a result of a mistake by an employee (e.g.
payroll clerk) other than the employee who is receiving the
pay, the error will be corrected as soon as possible from
the time the department is made aware that pay warrant is
in error.
Pay errors in employee pay shall be corrected as soon as
possible as to current pay rate but that no recovery of
either overpayments or underpayments to an employee
shall be made retroactively except for the six (6) month
period immediately preceding discovery of the pay error.
This provision shall apply regardless of whether the error
was made by the employee, the appointing authority or
designee, the Director of Human Resources or designee,
or the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are excluded
from this section for both parties.
CCCEA LOCAL NO. 1 - 146 - 1995-99 MOU
When the County notifies an employee of an overpayment
and proposed repayment schedule and the employee
wishes. to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined.
If requested by the employee, a Union representative may
be present at a meeting with management to discuss a
repayment schedule in the case of overpayments to the
employee.
SECTION 34 - FLEXIBLE STAFFING
Certain positions may be designated by the Director of
Human Resources as flexibly staffed positions. Positions
are generally allocated at the first level of the job series
when vacated. When the position is next filled and an
incumbent of one of these positions meets the minimum
qualifications for the next higher level and has met
appropriate competitive requirements he or she may then
be promoted to the next higher classification within the job
series without need of a classification study. If an
operating department verifies in writing that an
administrative or clerical error was made in failing to
submit the documents needed to promote an employee
on the first of the month when eligible, said appointment
shall be made retroactive to the first of the month when
eligible. An employee who is denied a promotion to a
flexibly staffed position may appeal such denial to the
Merit Board.
CCCEA LOCAL NO. 1 - 147 - 1995-99 MOU
SECTION 35 - PROVISIONAL:APPOINTMENT
Whenever an appointing authority makes a request for
personnel to fill a position in a class for which no
reemployment or employment list is available, or in a
class for which no eligible or insufficient eligibles to
complete the certification will accept appointment to the
position, the Director of Human Resources may authorize
the appointing authority to appoint any person who
possesses the minimum qualifications for the class as set
forth in the class specifications, provided that the names
of eligibles available and the names of persons who have
indicated the intention to take the next examination for the
class shall be referred to the appointing authority at the
time authorization is issued.
In no case shall a permanent position be filled by a
provisional appointment for a period exceeding six (6)
calendar months except under the following conditions:
a. If an examination has been announced for the
class and recruitment of applicants is in process,
the Director of Human Resources may authorize
a continuation of provisional appointments until
an eligible list is established.
b. In case of a provisional appointment to a
permanent position vacated by a leave of
absence, such provisional appointment may be
continued for the duration of said leave.
A provisional appointment shall be terminated within thirty
(30) days after the date of certification of eligibles from an
appropriate eligible list.
CCCEA LOCAL NO. 1 - 148 - 1995-99 MOu
All decisions of the Director of Human Resources relative
to provisional appointments are final and not subject to
the grievance procedure.
Before filling a position by a provisional appointment, the
appointing authority shall post notice and shall consider
current qualified employees for the appointment. Only if
there are insufficient internal applicants to constitute a full
certification may the appointing authority consider
applicants from outside County service.
SECTION 36 - PERSONNEL FILES
An employee shall have the right to inspect and review
any official record(s) relating to his or her performance as
an employee or to a grievance concerning the employee
which is kept or maintained by the County in the
employee's personnel file in the Human Resources
Department or in the employee's personnel file in their
Department. The contents of such records shall be made
available to the employee for inspection and review at
reasonable intervals during the regular business hours of
the County.
The County shall provide an opportunity for the employee
to respond in writing to any information which is in the
employees' personnel file about which he or she
disagrees. Such response shall become a permanent part
of the employee's personnel record. The employee shall
be responsible for providing the written responses to be
included as part of the employee's official personnel file.
This section does not apply to the records of an employee
CCCEA LOCAL NO. 1 - 149 - 1995-99 MOU
relating to the investigation of a possible criminal offense,
medical records and information or letters of reference.
Counseling memos which are r not disciplinary in nature
are to be retained in the file maintained by the employee's
supervisor or the person who issued the counseling
memo and are not to be transferred to the employee's
central file which is normally retained by the Human
Resources Department unless such memos are
subsequently used in conjunction with a disciplinary action
such as a letter of reprimand.
All documents pertaining to disciplinary actions shall be
placed in the employee's official personnel file within five
(5) work days after the time management becomes aware
of the incident and has completed its investigation as to
whether the employee is culpable and shall be date
stamped or dated at -time of entry. This section is not
intended to include supervisor's notes or reminders of
specific incidents or ongoing reports such as attendance
records. Generally, such investigations should be
completed within thirty (30) calendar days of the date
management becomes aware of the incident(s), it being
understood that under certain circumstances such as the
unavailability of witnesses or the possibility of a criminal
act having been committed may cause the investigation to
take longer than the aforementioned thirty (30) days.
Copies of written reprimands or memoranda pertaining to
an employee's unsatisfactory performance which are to be
placed in the employee's personnel file shall be given to
an employee who shall have the right to respond in writing
to said documents.
CCCEA LOCAL NO. 1 _ 150 - 1995-99 MOU
Letters of reprimand are subject to the grievance
procedure but shall not be processed past Step 3 unless
said letters are used in a subsequent discharge,
suspension or demotion of the employee, in which case
an appeal of the letters of reprimand may be considered
at the same time as the appeal of the disciplinary action.
Prior to being submitted to Step 3 of the grievance
procedure, either party may request fact finding to assist
in the resolution of the dispute. One (1) fact finder shall
be selected by each party to the dispute within ten (10)
work days from the initial request for fact finding. The fact
finder shall have twenty (20) work days from notice of
selection to investigate and render opinions to the Director
of Human Resources.
Copies of letters of commendation which are to be placed
in the employee's personnel file will be given to the
employee. Employees - have the right to review their
official personnel files which are maintained in the Human
Resources Department or by their departments. In a case
involving a grievance or disciplinary action, the
employee's designated representative may also review
his/her personnel file with specific written authorization
from the employee. The County shall supply the Union
with lists of official personnel files and locations.
Derogatory material in an employee's personnel file (such
as warning letters) over two years old will not be used in a
subsequent disciplinary action unless directly related to
the action upon which the discipline is taken. Derogatory
material does not include prior suspensions, demotions or
dismissals for cause.
The County will participate in a committee of four (4) union
and four (4) operating department managers to revise and
CCCEA LOCAL NO. 1 - 151 - 1995-99 MOU
clarify MOU Section 36, Personnel Files. Subject
committee will be chaired -' by, a non-voting chairperson
from the County Human Resources Department and will
hold their first meeting within ninety (90) days of approval
of this MOU and will issue a report within one hundred
eighty (180) days of the date of the first meeting.
SECTION 37 - SERVICE AWARDS
The County shall continue its present policy with respect
to service awards including time off provided, however,
that the type of award given shall be at the sole discretion
of the County.
SECTION 38 - REIMBURSEMENT FOR MEAL
EXPENSES
Employees shall be reimbursed .for meal expenses under
the following circumstances and in the amount specified:
a. . When the employee is required by his/her
Department Head to attend a meeting
concerning County business or County affairs.
b. When the employee is required to be out of
his/her regular or normal work area during a
meal hour because of a particular work
assignment.
C. When the employee is required to stay over to
attend consecutive or continuing afternoon and
night sessions of a board or commission.
CCCEA LOCAL NO. 1 - 152 - 1995-99 MOU
d. When the employee is required to incur
expenses as host for official guests of the
County, work as members of examining boards,
official visitors, and speakers or honored guests
at banquets or other official functions.
e. When the employee is required to work three (3)
or more hours of overtime; in this case he or she
may be reimbursed in accordance with the
Administrative Bulletin on Expense
Reimbursement.
Meal costs will be reimbursed only when eaten away from
home or away from the facility in the case of employees at
twenty-four (24) hour institutions.
SECTION 39 - DETENTION FACILITY MEALS
The charge for a meal purchased in a detention facility by
employees represented by Local No. 1 is one dollar
($1 .00) per meal. Employees assigned to a detention
facility are not, however, required to purchase a meal.
SECTION 40 - COMPENSATION FOR LOSS OR
DAMAGE TO PERSONAL PROPERTY
The loss or damage to personal property of employees is
subject to reimbursement under the following conditions:
a. The loss or damage must result from an event
which is not normally encountered or anticipated
CCCEA LOCAL NO. 1 - 153 - 1995-99 MOU
on the job and which is not subject to the control
of the employee.
b. Ordinary wear and tear of personal property used
on the job is not compensated.
C. Employee tools or equipment provided without
the express approval of the Department Head
and automobiles are excluded from
reimbursement.
d. The loss or damage must have occurred in the
line of duty.
e. The loss or damage was not a result of
negligence or lack of proper care by the
employee.
f. The personal property was necessarily worn or
carried by the employee in order to adequately
fulfill the duties and requirements of the job.
g. The loss or damage to employees eyeglasses,
dentures or other prosthetic devices did not
occur simultaneously with a job connected injury
covered by workers' compensation.
h. The amount of reimbursement shall be limited to
the actual cost to repair damages.
Reimbursement for items damaged beyond
repair shall be limited to the actual value of the
item at the time of loss or damage but not more
than the original cost.
CCCEA LOCAL NO. 1 - 154 - 1995-99 MOU
i. The burden of proof of loss rests with the
employee.
j. Claims for reimbursement must be processed in
accordance with the Administrative Bulletin on
Compensation for Loss or Damage to Personal
Property.
SECTION 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.
SECTION 42 - HARASSMENT
Harassment is any treatment of an employee which has
the purpose or effect of affecting employment decisions
concerning an individual, or unreasonably interfering with
an individual's work performance, or creating an
intimidating and hostile working environment. Such
conduct includes but is not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or
physical conduct of a sexual nature; arbitrary or capricious
changes of assignments, or display of a hostile attitude
toward an employee by a Supervisor which is not justified
or necessary in the proper supervision of the work of the
employee.
CCCEA LOCAL NO. 1 - 155 - 1995-99 MOU
SECTION 43 - LENGTH OFSERVICE DEFINITION (FOR
SERVICE AWARDS AND VACATION ACCRUALS)
The length of service credits of each employee of the
County shall date from the beginning of the last period of
continuous County employment (including temporary,
provisional, and permanent status, and absences on
approved leave of absence). When an employee
separates from a permanent position in good standing
and within two (2) years is reemployed in a permanent
County position, or is reemployed in a permanent County
position from a layoff list within the period of layoff
eligibility, service credits shall include all credits
accumulated at time of separation, but shall not include
the period of separation. The Director of Human
Resources shall determine these matters based on the
employee status records in his department.
SECTION 44 - PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated vacation
and sick leave benefits. They are eligible for health, dental
and life insurance benefits at corresponding premium
rates providing they work at least fifty percent (50%) of
full-time. If the employee works at least fifty percent
(50%) of full-time, County retirement participation is also
included.
SECTION 45 - PERMANENT-INTERMITTENT
EMPLOYEE BENEFITS
CCCEA LOCAL NO. 1 - 156 - 1995-99 MOU
Permanent-intermittent employees are eligible for
prorated vacation and sick leave benefits.
SECTION 46 - PERMANENT-INTERMITTENT
EMPLOYEES HEALTH PLAN
A permanent-intermittent employee represented by Contra
Costa County Employees Association, Local No. 1 may
participate in the County Group Health Plan if combined
medical, dental and life insurance coverage is wholly at
the employee's expense but at the group insurance rate.
The County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the
monthly premium appropriately and punctually. Failure to
meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan
and reinstatement may only be effectuated during the
annual open. enrollment period.
SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent
employees of the County immediately prior to their
provisional appointment, are eligible for vacation and sick
leave benefits.
Provisional employees may participate in the County
Group Health Plan of combined medical, dental and life
insurance coverage wholly at the employee's expense but
at the group insurance rate. The County will not
contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly
CCCEA LOCAL NO. 1 - 157 - 1995-99 MOu
premium appropriately and` punctually. Failure to meet
the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual
open enrollment period.
SECTION 48 - HAZARD PAY DIFFERENTIAL FOR
HEALTH SERVICES EMPLOYEES
Any employee assigned to a position which 1 ) involves
some number of work hours assigned to I Ward, E Ward,
J Ward, Hospital Emergency Room, Hospital Reception
Center, Main Detention Facility, Richmond Psychiatric
Emergency Room, or Conservatorship Program, or 2)
requires continuous direct contact with patients having a
contagious disease, or 3) any other employee whom the
Board of Supervisors may by resolution authorize, shall
receive per hour worked a premium of five percent (5%) of
the hourly equivalent of his/her base rate in addition to
his/her regular compensation and in addition to the shift
differential provided for in this MOU where he/she meets
the requirements of both Section 10 and this Section.
SECTION 49 - LUNCH PERIOD
It is the position of the Health Services Department that
personnel who work an eight and one-half (8-1/2) hour
day are on their own time during their lunch period.
Personnel who work an eight (8) hour day are to be
considered on call.
CCCEA LOCAL NO. 1 - 158 - 1995-99 MOU
SECTION 50 - REST BREAKS
Employees. shall be entitled to a rest break for each four
(4) hours of work. Scheduling of rest breaks shall be
determined by management.
SECTION 51 - HEALTH EXAMINATION
Employees of the County who work in a Health Services
Department facility will annually be required to complete a
Health Questionnaire and take a Tuberculosis Skin Test.
In the event that an employee had a positive reaction to a
Tuberculosis Skin Test, said employee will be requested
to show proof of having had two (2) negative chest x-rays
at least one year apart.
Employees will also be requested to be screened for
Rubella immunity. If the result. of the Rubella test is
negative, the appointing authority or designee will
recommend that the employee become immunized. If the
employee has direct patient contact and refuses to
become immunized, an attempt will be made to relocate
the employee to a non-patient care area if possible.
SECTION 52 - CLASSIFICATION STUDIES, SPECIAL
STUDIES OR OTHER ACTIONS
A. 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
CCCEA LOCAL NO. 1 _ 159 - 1995-99 MOU
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.
B. 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-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
CCCEA LOCAL NO. 1 - 160 - 1995-99 MOU
regarding bi-weekly pay.
C. 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.
D. 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
supporting major programs such as: Smoking
Cessation, NutritionM/eight Loss, Brown Bag
Seminars, Health Screenings and Health Fairs.
CCCEA LOCAL NO. 1 - 161 - 1995-99 MOv
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.
E. Public Works Study. The Public Works
Department agrees to submit a P300 to the
CAO's office within sixty (60) days of the
adoption of this MOU to determine if the
positions of Road Maintenance Carpenter is
appropriately classified.
The Public Works Department agrees to submit
a P300 for the position of Sign Coordinator and
reclassification of the person in the position to
the CAO's office for study within sixty (60) days
of the adoption of this MOU.
F. General Services Study. The General Services
CCCEA LOCAL NO. 1 - 162 - 1995-99 MOU
Department agrees to study the organization of
work and the classifications within the
Communications Division. The study will be
initiated within ninety (90) days following the
ratification of the MOU. The General Services
Department will agree to conduct a P300 study
on any classification if the need is so indicated
by the results of the study.
The General Services Department agrees to
study the organization of work and the
classifications within the department . relative to
county-wide building security. The study will be
initiated within ninety (90) days following the
ratification of the MOU. The General Services
Department will agree to conduct a P300 study
on any classification if the need is so indicated
by the results of the study.
G. Attendance Program. There shall be convened a
Labor-Management Committee to develop an
attendance program for County employees.
H. Other Actions. Permanent-Intermittent and
Permanent Part-time employees in classes
represented by Local No. 1 who wish to have the
hours of their position increased, must so
request in writing. These requests must be
received by the employee's department during
the month of February 1997 (or the month
beginning sixty (60) days after the MOU is
adopted by the Board, whichever is later); and
every January thereafter for the duration of this
MOU.
CCCEA LOCAL NO. 1 - 163 - 1995-99 mou
Departments reviewing these requests will
evaluate them within thirty (30) days of their
receipt by considering the actual hours assigned
to and worked -- by the employee during the
previous six (6) months and the anticipated
continuing need from their assignment on an
increased basis.
Those requests which are approved by the
department for an increase in hours will be
submitted for consideration by the County as a
P300 request within an additional sixty (60) days.
Nothing contained herein shall conflict with
layoff/reemployment provisions.
SECTION 53 - TEMPORARY EMPLOYEES
A. Temporary Employees. Temporary employees
hired on or after January 1 , 1997 may work a
maximum of 1600 hours within a department.
Thereafter, that temporary may not work in that
department for one year as a temporary.
Temporary employees who have worked 3120
hours or more between the period of January 11 ,
1995 and December 31 , 1996 may work
additional hours after January 1 , 1997 for a total
of 5200 hours. Subject to qualifications under the
Personnel Management Regulations, a
temporary who has reached 5200 hours shall be
offered an appointment to an existing authorized
full-time or part-time position in the same
CCCEA LOCAL NO. 1 - 164 - 1995-99 MOu
department and job class. if no such position
exists, a Permanent-Intermittent position will be
created subject to approval by the Board of
Supervisors and be offered to the employee
subject to qualification under the Personnel
Management Regulations.
Temporary employees who have worked less
than 3120 hours between the period of January
11 1995 and December 31 , 1996 may work an
additional 3120 hours after January1 , 1997. A
temporary who has reached the additional 3120
hours shall be offered appointment to an existing
full-time, part-time or Permanent-Intermittent
position, at the department's discretion, in the
classification and I department in which they
currently work, subject to qualification under the
Personnel Management Regulations.
Nothing in this section shall preclude a
department from terminating a temporary prior to
the temporary reaching the maximum hours
allowable.
This section shall be inapplicable to the following
classifications:
Family Support Collection Officer
Probation Counselors
Occupational Therapists - Per Diem
Physical Therapists - Per Diem
Classifications in.the Deputy Public Defender Unit
Temporary appointments to fill vacancies
resulting from Leaves of Absence i.e. maternity
CCCEA LOCAL NO. 1 - 165 - 1995-99 MOU
leaves, medic'a'i leaves, Workers'
Compensation), temporary assignments for pre-
specified periods and short-term, specified
seasonal work, are excluded.
Nothing in this agreement precludes the parties
from meeting and conferring over future
exceptions.
B. Long Term Temporary Employees. Subject to
the approval and establishment of permanent
positions by the Board of Supervisors, if
necessary, temporary employees represented by
Local No. 1 , SEIU 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.
CCCEA LOCAL NO. 1 - 166 - 1995-99 MOU
Additionally, the County agrees to meet and
confer with the above-named unions concerning
the future use of represented temporary
employees.
SECTION 54 - ADOPTION
The provisions of this MOU shall be made applicable on
the dates indicated and upon approval by the Board of
Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it
is determined that an Ordinance is required to implement
any of the foregoing provisions, said provisions shall
become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
SECTION 54 - SCOPE AGREEMENT AND
SEPARABILITY OF PROVISION
54.1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU fully and completely
incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the
parties in any and all matters subject to meet and confer.
Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall
prohibit the parties from changing the terms of this MOU
by mutual agreement.
54.2 Separability of Provisions. Should any section,
clause or provision of this MOU be declared illegal,
CCCEA LOCAL NO. 1 - 167 - 1995-99 MOU
unlawful or unenforceable, b final judgment of a court of
competent jurisdiction, such 'invalidation of such section,
clause or provision shall not invalidate the remaining
portions hereof, and such remaining portions shall remain
in full force and effect for the duration of this MOU.
54.3 Personnel Management Reguiations. Where a
specific provision contained in a section of this MOU
conflicts with a specific provision contained in a section of
the Personnel Management Regulations, the provision of
this MOU shall prevail. Those provisions of the Personnel
Management Regulations within the scope of
representation which are not in conflict with the provisions
of this MOU and those provisions of the Personnel
Management Regulations which are not within the scope
of representation shall be considered in full force and
effect.
54.4 Duration of Agreement. This Agreement shall
continue in full force and effect from October 1 , 1995 to
and including September 30, 1999. Said Agreement shall
automatically renew from year to year thereafter unless
either party gives written notice to the other prior to sixty
(60) days from the aforesaid termination date of its
intention to amend, modify or terminate the agreement.
SECTION 55 - FAIR LABOR STANDARDS ACT
PROVISIONS
The Fair Labor Standards Act, as amended, may govern
certain terms and conditions of the employment of
employees covered by this MOU. It is anticipated that
compliance with the Act may require changes ,in some of
CCCEA LOCAL NO. 1 - 168 - 1995-99 MOU
the County policies and practices currently in effect or
agreed upon. If it is determined by the County that certain
working conditions, including but not limited to work
schedules, hours of work, method of computing overtime,
overtime pay and compensatory time off entitlements or
use, must be changed to conform with the Fair Labor
Standards Act, such terms and conditions of employment
shall not be controlled by this 'MOU but shall be subject to
modification by the' County to conform to the federal law,
without further meeting and conferring. The County shall
notify the Union (employee organizations) and will meet
and confer with said organization regarding the
implementation of such modifications.
SECTION 56 - PAST PRACTICES & EXISTING
MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not
specifically authorized by ordinance or by resolution of the
Board of Supervisors is not guaranteed by this MOU;
provided, however, that only during the term of this MOU
which expires September 30, 1999, the Union may claim a
violation of a past practice. If the Union can demonstrate
that such past practice exists by virtue of having been
acknowledged and agreed to by Management and
representatives of the Union or by employees represented
by the Union who reach agreement with a Department
Head on a specific policy covering a group of employees
such as a reassignment policy, the alleged violation of
said past practice will be subject to the grievance
procedure. Those practices which have been agreed to
by Management and not approved by the Department
Head must be confirmed and approved by the Department
CCCEA LOCAL NO. 1 - 169 - 1995-99 MOU
Head within six (6) months'..,` ., M the below execution date
of this MOU in order to b considered a past practice
pursuant to this provision.
SECTION 57 - UNIT ITEMS
Specific working conditions for the various units
represented by the Union are listed in Attachments 57.1
through 57.13.
Execution Date:
CONTRA COSTA COUNTY CCCEA, LOCAL NO. 1
1
ell
CCCEA LOCAL NO. 1 - 170 - 1995-99 MOU
57.1 Agriculture - Animal Control Unit.
Agricultural Personnel
A. The Safety Committee for the Department of
Agriculture will remain in effect and will continue
to be constituted as follows: One (1) Agricultural
Biologist and one (1) Pest Detection Specialist
and appropriate management representatives.
B. Effective on the first of the month following
adoption by the Board of Supervisors of this
MOU, permanent employees in the
classifications of Agricultural Biologist II and
Agricultural Biologist III who possess a valid
certificate as a Deputy Agricultural Commissioner
shall receive a salary differential of three and
one-half percent (3 %%) of base pay.
C. In recognition of the fact that they work full-time
for a significant portion of each year, Permanent-
Intermittent employees in the class of Pest
Detection Specialist-Project (B9W1) shall be paid
for eight (8) hours on any recognized County
holiday that occurs in a month where they are in
a pay status for eight (8) hours on each work day
in that month. In those months in which the
employees are continuously employed, both at
the beginning and the end of the month, but are
not in a pay status for eight (8) hours on each
work day, they shall be paid a pro rata share of
the eight (8) hours holiday pay based on the
portion of the work hours in the month that they
were in a pay status.
CCCEA LOCAL NO. 1 - 1171 - 1995-99 MOU
Weights & Measures Division - Department of
Agriculture
A. The Safety Committee shall consist of one (1)
Weights and Measures Inspector and
appropriate management representatives.
B. As circumstances dictate, these this committee
and the Agriculture Safety Committee may meet
jointly to discuss safety problems of mutual
interest.
C. Effective on the first of the month following
adoption by the Board of Supervisors of this
MOU, permanent employees in the classification
of Weights & Measures Inspector II and Weights
& Measures Inspector III possessing a valid
certificate as a Deputy Sealer of Weights and
Measures, shall receive a salary differential of
three and one-half percent (3 Y2%) of base pay.
Animal Services Personnel
A. Letters of commendation received by the
Department shall be placed in the individual
Animal Control Officer's and Animal Control
Center Attendant's files.
B. The County agrees to continue to pay each
Animal Control Officer employed by the County
prior to August 1 , 1975 a flat monthly fee of sixty-
five dollars ($65.00).
The above fee shall not apply nor be paid to
CCCEA LOCAL NO. 1 - 172 - 1995-99 MOu
Animal Control Officers who shall continue to use
a departmental pickup vehicle for purposes of
regularly assigned on-call work.
When an Animal Control Officer, who is receiving
the above-specified flat monthly fee of sixty-five
dollars ($65.00) is . assigned to on-call work is
allowed to use a departmental pickup vehicle for
commuting purposes, either on a regular or part-
time relief 'basis (e.g. vacations and/or sick
leave), the sixty-five dollar ($65.00) fee shall be
eliminated if such assignment is for a full month
or reduced on the basis of fifteen dollars ($15.00)
for each full workweek said employee is allowed
to utilize the departmental pickup vehicle for
commuting purposes.
The provision of this section dealing with fee
payment does not and will not apply to any
Animal Control Officer hired on or after August 1 ,
1975.
C. Duffel Bag. The Animal Services Department
agrees to provide all Animal Control Officers with
a duffel/equipment bag for equipment. These
bags will be the property of the Animal Services
Department and labeled as such.
D. Uniform Allowance. The monthly uniform
allowance for employees in the classification of
Animal Control Officer shall be forty dollars
($40.00). The uniform allowance for Animal
Services Officers shall be increased to five
hundred sixty-five dollars ($565) per year and six
CCCEA LOCAL NO. 1 - 173 - 1995-99 MOU
hundred fifty dollar's- ($650) per year on July 1 ,
1996 and July 1 , 1997 respectively, payable 1/12
of the yearly total in monthly pay warrants. If an
increase in the uniform allowance is
subsequently approved for Deputy Sheriffs,
Animal Control Officers shall receive an increase
equal to that received by Deputy Sheriffs
E. The Departmental Uniform Policy for Animal
Services Officers shall be amended to make the
wearing of neckties with long sleeve uniform
shirts while working in the field optional each
year during the period May 1st through October
31st. During these months, the wearing of a
necktie or dickey with the long sleeve uniform
shirt will be required whenever the Officer is
appearing in court, attending staff meetings,
participating in special events or making public
presentations.
F. Trousers. The Animal Services Department
agrees to allow Animal Control Officers to wear
green denim trousers while in field assignments,
provided that each officer has a pair of green
dress trousers available to wear when required
by the department. Uniforms must be
maintained at a standard acceptable to the
department. Animal Center Attendants shall be
provided with rain gear of the same quality as
that provided Animal Control Officers.
The Animal Services Department agrees to reimburse
employees in the class of Animal Center Technician for
the purchase of green, black, or blue denim trousers up to
CCCEA LOCAL NO. 1 - 174 - 1995-99 MOU
sixty dollars ($80.00) per employee per year.
G. Departmental Fee Reimbursement. Once during
the term of this MQU, each employee in the
Animal Services Department may be reimbursed
for departmental - license and adoption fees
incurred by the employee in an amount not to
exceed twenty-three dollars ($23). An employee
adopting an animal under this section shall be
responsible for payment of all other normal and
customary fees associated with that adoption.
H. Outerwear. The Animal Services Department
agrees to reimburse employees in the class of
Animal Center Technicians up to fifty dollars
($50.00) per employee per year for the purchase
of outerwear of a type approved by the
Department.
I. The Safety Committee for the Department of
Animal Services will remain in effect and will
continue to be constituted as follows: One (1)
Animal Control Officer and one (1) Animal Center
Technician and appropriate management
representatives.
J. The Animal Services Department has instituted a
one-half (1/2) hour lunch period for all employees
in the classification of Animal Center Technician.
Management will determine the time of the lunch
period and the starting and quitting times for
each employee. Crucial to the continuance of
the one-half (%) hour lunch period will be the
impact on service to the public.
CCCEA LOCAL NO. 1 - 175 - 1995-99 MOU
K. The Animal Servides Department agrees to
continue -the current policy of allowing Animal
Control Officers and Kennel personnel to sign up
for shifts on the basis of seniority.
L. The Animal Services Department intends to
continue the current 4/10 work schedule for the
duration of this MOU. Both the County and the
Union understand that continuation of the 4/10
work schedule during the term of this MOU is
contingent on adequate funding and retention of
sufficient non-probationary personnel to insure
adequate service levels. The determination of
adequate funding, staffing and service levels is
the sole prerogative of the Department, except to
the extent required by law to meet and confer on
the impact of staffing levels. The County agrees
to notify the Union and to meet and confer if the
4/10 schedule is to be terminated.
M. Animal Services Officers who are required to
testify in Court on their day off will receive a
minimum of four (4) hours of overtime pay.
N. For employees in the Animal Services
Department assigned to units or services on a
shift operational cycle which includes Saturday
as designated by the appointing authority (rather
than Monday through Friday, eight (8) hours per
day or 9/80 schedule), holidays will be observed
on the day on which the holiday falls even if it is
a Saturday.
CCCEA LOCAL NO. 1 - 176 - 1995-99 MOU
O. Animal Services Officers Participating in Search
Warrants. The Department will compensate
individual Animal Services Officers in the amount
of twenty-five. dollars ($25) per incident for time
spent in assisting police agencies in the serving
of search warrants. Only employees involved in
actual entry team activities shall be so
compensated. The Department continues to
retain the sole right to select and assign Animal
Services Officers to such search warrant duty.
No provision of this section or its application shall
be subject to the grievance procedure.
P. Life Insurance. Effective January 1 , 19971
$45,000 Group Term Life Insurance will be
provided for Animal Services Officers. Premiums
for this insurance will be paid by the County with
conditions of eligibility to be reviewed annually.
57.2 Attendant-LVN-Aide Unit. The following
provisions are effective November 1 , 1989 unless
otherwise specified:
a. The County will observe the following holidays:
January 1st, known as New Year's Day
3rd Monday in January known as Dr. Martin Luther
King Jr. Day
3rd Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11 th, known'as Veteran's Day
4th Thursday in November, known as Thanksgiving
CCCEA LOCAL NO. 1 - 177 - 1995-99 MOU
The Friday after Thanksgiving
December 25th, known,as Christmas Day
Such other days as the Board of Supervisors
may by resolution designate as holidays.
b. Employees in positions which are designated as
24-hour positions shall also celebrate:
September 9th known as Admission Day
Second Monday in October known as Columbus Day
February 12th known as Lincoln's Day
C. Employees who only celebrate the holidays listed
in A above shall accrue two (2) hours of personal
holiday credit per month. Such personal holiday
time may be taken in increments of one (1) hour,
and preference of personal holidays shall be
given to employees according to their seniority in
their department as reasonably as possible. No
employee may accrue more than forty (40) hours
of personal holiday credit. On separation from
County service, an employee shall be paid for
any unused personal holidays credits at the
employee's then current pay rate.
e. The following provisions indicate how holiday
credit is to be applied:
1 . Employees on the five (5) day forty (40) hour
Monday through Friday work schedule shall
be entitled to a holiday whenever a holiday
is observed pursuant to the schedule cited
above.
CCCEA LOCAL NO. 1 - 178 - 1995-99 MOU
2. Employees on a work schedule other than
Monday through Friday shall be entitled to
credit for any, holiday, whether worked or
not, observed by employees on the regular
schedule.
3. For all employees, if a work day falls on a
scheduled holiday they shall receive
overtime pay or equivalent compensatory
time credit (Holiday Credit) for working the
holiday, or if a holiday falls on the day off of
an employee, the employee shall be given
straight time pay or equivalent
compensatory time credit.
The purpose of this plan is to equalize
holidays between employees on regular
work schedule and those on other work
schedules.
If any holiday listed in Section 12.1 falls on a
Saturday, it shall be celebrated on the
preceding Friday. If any holiday listed in
Section 12.1 falls on a Sunday, it shall be
celebrated on the following Monday. For
employees in positions whose shifts include
Saturday or Sunday as designated by the
appointing authority (rather than Monday
through Friday eight (8) hours per day or a
designated 4/10 schedule) holidays shall be
observed on the day on which the holiday
falls regardless if it is a Saturday or Sunday.
e. Permanent part-time and permanent-intermittent
CCCEA LOCAL NO. 1 - 179 - 1995-99 MOU
employees in the Hospital Nursing Service who
work on a holiday ,shall receive overtime pay or
compensatory time credit for all hours worked, up
to a maximum of eight (8).
Permanent part-time employees who do not work
on a holiday shall receive holiday credit in the
same ratio to the holiday credit given full-time
employees as the number of hours per week in
the part time employee's schedule bears to the
number of hours in the regular full-time schedule,
regardless of whether the holiday falls on the
part-time employee's regular work day.
f. 4/10 Shift - Holidays.
1 . Holiday Shift Pay. Each 4/10 shift employee
who works a full- shift on a holiday shall
receive time and one-half for the first eight
(8) hours worked in addition to regular pay
for the holiday. Holiday shift pay shall be
subject to provisions of Section 7 - Overtime.
2. Absence on Holiday. The maximum time
charged to sick leave, vacation or leave
without pay on a holiday shall be two (2)
hours.
g. Accrual of Holiday Time. Employees entitled to
overtime credit in positions which work around
the clock shall be permitted to elect between pay
at the overtime rate or compensatory time off in
recognition of holidays worked. The following
procedures shall apply to this selection:
CCCEA LOCAL NO. 1 - 180 - 1995-99 MOU
1 . Eligible employees may elect, on a quarterly
basis, the method of reimbursement for work
performed on holidays. The selection
between accrued holiday time and/or
overtime pay must be made known to the
County during each of the calendar months
of June, September, December and March
for the duration of this MOU.
2. Employees starting work after a list of those
electing to accrue holiday time has been
submitted to the Auditor and approved, will
be paid overtime unless they specifically
requested in writing within seven (7)
calendar days to be placed on the accrual
list.
3. Holiday time shall be accrued at the rate of
one and one-half (1-1/2) time the actual
hours worked to a maximum of eight (8)
hours worked by the employee.
4. Holiday time may not be accumulated in
excess of two hundred eighty-eight (288)
working hours. Holiday time may be accrued
up to two hundred eighty-eight (288) hours,
exclusive of regular vacation accruals. After
two hundred , eighty-eight (288) hours,
holiday time shall be paid at the overtime
rates specified in Section 7.
5. Accrued holiday credit may be taken off at
times determined by mutual agreement of
the employee and the Department Head.
CCCEA LOCAL NO. 1 - 181 - 1995-99 MOU
h. Each permanent . employee working in the
Hospital Nursing Service and who qualifies for
paid holidays shall not be required to work on at
least one (1) of the following holidays each year:
Thanksgiving, Christmas, New Year's Day.
i. Employees in this unit who are employed at
Merrithew Memorial Hospital and are required to
work on Thanksgiving, Christmas or New Year's
Day will be provided a free meal in the Hospital
Cafeteria between the hours of 6:00 a.m. and
6:00 p.m.
j. Shift Differential.
1 . An employee who works overtime shall
receive shift differential in addition to
overtime compensation only when the
overtime hours independently satisfy the
requirement for shift differential as stated
above. The shift differential shall be
computed on the employee's base salary.
2. When a shift employee works on a
recognized holiday, the employee shall be
entitled to holiday pay and shift differential to
be computed on the employee's base salary.
3. An employee in the Hospital Nursing Service
who works an evening shift in which the
employee works four (4) or more hours after
5:00 p.m. shall receive a shift differential of
seven and one-half percent (7-1/2%) of the
CCCEA LOCAL NO. 1 - 182 - 1995-99 MOU
employee's base pay.
Split shifts in the Hospital Nursing Service
with more than one and one-half (1 -1/2)
hours between the two portions of the shift
shall also qualify for the seven and one-half
percent (7-1/2%) hourly differential.
An employee in the Hospital Nursing Service
who works a night shift in which the
employee works four (4) or more hours
before 8:00 a.m. shall receive a shift
differential of ten percent (10%) of the
employee's base pay.
k. Stat Call. A ten percent (10%) base pay salary
differential shall be paid for those shifts on which
employees in this and/or other Local No. 1
bargaining units are specifically assigned by the
administration to respond to emergency stat-calls
if said employees do not qualify for other hazard
assignment differential. A five percent (5%) base
pay salary differential shall be paid for those
shifts in which employees are specifically
assigned to respond to emergency stat-calls if
said employees qualify for other hazard
assignment differential, said five percent (5%) to
be in addition to the hazard pay differential.
It is further understood that acceptance of the
assignment to stat-calls for those employees
hired prior to April ' 1 , 1979 shall be voluntary,
provided, however, if insufficient employees
volunteer for the stat-calls assignment or
CCCEA LOCAL NO. 1 - 183 - 1995-99 MOU
7',A!, ,
additional employees are required on a particular
shift, nursing administration shall select
employees under their supervision judged to be
qualified to handle such assignments because of
prior experience and training. All Hospital
Attendants, Psychiatric Technicians and
Licensed Vocational Nurses hired on April 1 ,
1979 or thereafter will be advised that they may
be required to handle stat-calls and if required
will receive training for such assignments. It is
the intention of administration to assign
employees to stat-calls on a continuing volunteer
basis. Employees may request that they be
removed from the stat-calls assignment by
submitting a request in writing stating the
reasons for such request. The administration
may remove employees from the stat-calls
assignment where it is demonstrated they are no
longer capable of handling such assignments.
Effective October 1 , 1994 the STAT Team shall
be composed of volunteers. This shall be a six
(6) month trial program subject to joint
labor/management review at the end of six (6)
months.
I. Professional Standards Committee. The County
recognizes the continuation of an advisory
Professional Standards Committee comprised of
Licensed Vocational Nurses, Psychiatric
Technicians and Hospital Attendants employed
in the Health Services Department. Such a
committee shall develop and communicate
recommendations only to the Director of Hospital
CCCEA LOCAL NO. 1 - 184 - 1995-99 MOu
Nursing or Director of Ambulatory Care Nursing
and Hospital Administration. The Professional
Standards Committee shall schedule one (1)
regular meeting at a mutually agreeable time and
place during the day shift working hours and the
Health Services Department agrees to release a
total of six (6) employees; three (3) Licensed
Vocational Nurses, one (1) Surgical Technician
and one (1 ) Psychiatric Technician and one (1 )
Hospital Attendant for a period not to exceed two
(2) hours excluding travel time for any one
member to attend such meeting. Such
Committee members and their alternates shall
be selected by - Local No. 1 . Numerical
membership on the Professional Standards
Committee shall be such so as to preclude
disruption of work activities of any particular work
area and shall include at least one (1)
representative from the outpatient clinics. Upon
two (2) weeks notice, the Committee may
request, with approval of the Director of Hospital
Nursing or Director of Ambulatory Care Nursing
as appropriate, that other personnel attend the
monthly meetings, provided that such personnel
are furnished with the reasons they have been
invited and a written agenda for the meeting they
have been asked to attend.
The Health Services Department agrees to meet
with the LVN-Professional Standards Committee
within sixty (60) days following the ratification of
this MOU to discuss such issues as scope of
practice, team nursing and the float policy.
CCCEA LOCAL NO. 1 - 185 - 1995-99 MOU
M. Detention Facility. Licensed Vocational Nurses
and Psychiatric Technicians assigned to work in
the detention facility shall receive in addition to
their base pay a differential of five percent (5%)
of base pay as premium compensation for this
assignment.
n. Weekend Differential. Hospital Nursing Services
employees shall receive a weekend shift bonus
of five dollars ($5.00) per shift for each weekend
shift worked which: 1) falls on weekends for
which the employee is not scheduled to work in
their normal work schedule; 2) falls between the
beginning of the night shift on Friday and the end
of the evening shift on Sunday; 3) is worked for
the full duration of the shift; and 4) is not the
result of a trade. The employee is to note such
qualifying shifts on his/her time sheets in order to
receive this compensation.
o. Hospital Schedules. The Health Services
Department shall continue to schedule Licensed
Vocational Nurses, Psychiatric Technicians and
Hospital Attendants with every other weekend
off.
P. Permanent-Intermittent Differential. Permanent-
intermittent Licensed Vocational Nurses and
Psychiatric Technicians shall be paid a
differential of seven and one-half (7-1/2) percent
of their base pay.
q. O.R. On-Call. A Surgical Technologist assigned
to on-call for the Operating Room or Post
CCCEA LOCAL NO. 1 - 186 - 1995-99 MOU
Anesthesia Recovery shall be paid one (1) hour
of straight time pay for each two (2) hours on-
call. A Surgical Technologist who is in on-call
status for the Operating Room and is called back
to duty shall be paid for the actual time spent
plus one (1) hour, but not less than three (3)
hours total for each call-back. On-call pay will
not be paid for call-back time.
r. Contiguous Shifts. At the County's request, if an
employee in this unit works on all or parts of two
contiguous shifts (more than eight (8) continuous
hours) which is outside the employees regular
work schedule and the first eight (8) hours fall on
one day and the additional hours fall on the
following day, the employee shall be paid a
differential of one-half ('/2) the employees base
salary rate in addition to the employees base
salary rate for the hours worked in excess of
eight (8) hours.
Employees in this unit working at the Merrithew
Memorial Hospital who, at the County's request
work two contiguous shifts (sixteen (16) .
continuous hours) shall be provided a meal in the
hospital cafeteria at no cost to the employee
Employees in the Hospital Nursing Service who
work a double shift shall receive twenty-five
dollars ($25.00) in addition to all other
compensation for each double shift worked.
Employees who work from the beginning of their
regularly scheduled shift to the conclusion of the
next scheduled shift will be considered to have
CCCEA LOCAL NO. 1 - 187 - 1995-99 MOU
worked a double sift. If the second shift is not
completed, the premium will be prorated. If the
total hours worked, excluding lunch breaks,
exceed sixteen . (16) hours, additional prorated
premium will be paid.
S. Continuing Education. Each regular full-time
Licensed Vocational Nurse and Psychiatric
Technician with one or more years of County ser-
vice shall be entitled to five (5) days leave with
pay each year to attend accredited continuing
education courses, institutions, workshops, or
classes. Full-time Surgical Technicians will be
entitled to twelve (12) hours per year for the
same purpose. Written requests for such leave
must be submitted in advance and may be
approved by the appropriate supervisor only in
the event such leave does not interfere with
staffing. The leave is accumulated from year-to-
year if; 1) it is applied for and denied, 2) it is
applied for this year for a course next year, and
3) if it is applied for to anticipate taking a specific
course of more than five (5) days duration. The
maximum leave available in any fiscal year may
not exceed twice what may be accrued in any
one fiscal year. The leave hereinabove defined
shall not apply to those courses or programs the
nurse is required by the County to attend.
A Licensed Vocational Nurse or Psychiatric
Technician assigned to the night shift who
attends a continuing education course of eight
(8) hours duration outside his/her scheduled
work time, may receive educational leave pay for
CCCEA LOCAL NO. 1 - 188 - 1995-99 MOU
the actual course time and may be excused from
the night shift immediately preceding or following
the course attended.
Each full-time Registered Dental Assistant with
one or more years of County service shall be
entitled to four (4) days of paid continuing
education leave every two (2) years.
Permanent part-time employees shall receive
prorated CE leave in the same ratio of their
position hours to full-time.
t. Charge Pay. A fully certified Licensed Vocational
Nurse or Psychiatric Technician who, at the
County's' request, is placed in charge of a ward
for an eight (8) hour shift shall receive an addi-
tional five dollars ($5.00) per shift.
U. Hospital Call-In Procedures. The following
procedures shall apply to employees in the class
of Licensed Vocational Nurse, Psychiatric
Technician and Hospital Attendant employed at
Merrithew Memorial Hospital who become ill prior
to a scheduled work shift and supersedes
Section 14.4 of this MOU.
1 . Employees in the Hospital Nursing Service
are required to notify the Nursing Office at
least two (2) hours prior to the
commencement of the evening or night shift
or one (1) hour prior to the day shift if they
are calling in sick or requesting unplanned
time off. Employees in the Ambulatory Care
CCCEA LOCAL NO. 1 - 189 - 1995-99 MOU
Nursing Service are required to call in at
least one (1) hour prior to then scheduled
shift and leave a message in voice mail.
Notification - shall include the reasons and
possible duration of the absence.
2. Employees in the Hospital Nursing Service
returning from sick leave or emergency
leave of any kind must give two (2) hours
prior notice unless it was clearly understood
at the outset of the leave when the
employee planned to return. In the
Ambulatory Care Nursing Service, to the
extent possible, employees should notify the
Charge Nurse by 4:00 p.m. of the day
preceding their anticipated return.
3. Employees in the Hospital Nursing Service
calling in sick, asking for emergency time off
or calling in to say they will be late, must call
the Nursing Office directly and not their unit
area to advise of their intentions.
4. Employees who do not give the required
notice of their intent not to come to work as
scheduled shall be coded as absent without
pay for payroll purposes unless they provide
a reason which is satisfactory to Nursing
Administration. Infrequent absences with
justification shall normally later be charged
to sick leave.
Hospital Nursing Service or Ambulatory Care
Nursing Service employees who are called
in to work a shift for which they are not
CCCEA LOCAL NO. 1 - 190 - 1995-99 MOU
scheduled after that shift has begun shall
receive payment for actual time worked plus
one (1) hour and shall be paid a minimum of
two (2) hours pay.
v. Vacation. The following vacation accruals shall
be effective October 1 , 1981 for employees in the
Attendant LVN-Aide Unit and other accruals
listed in Section 13.2 shall not apply.
Max.Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Vacation for employees in the Hospital and Clinic
Divisions Hospital Nursing Service (including the
Detention Facilities) and Ambulatory Care
Nursing Services shall be scheduled on an
annual cycle, April 'I through March 31 .
Employees must submit their written vacation
request by March 1st of each year. The hospital
will post a schedule of vacations by April 1 st of
each year.
Only one employee per classification from each
worksite and shift may receive vacation at the
same time. In case of conflict, the employee with
the greater length of service in their classification
will receive the requested vacation time. Less
CCCEA LOCAL NO. 1 _ 191 - 1995-99 MOU
senior employees will be given the opportunity to
request a different time before the annual
schedule is posted.
Vacation requests submitted after March 1st
shall be considered on a first come basis and
shall be subject to staffing availability.
An employee voluntarily changing worksite or
shift after March 1 st must resubmit a vacation
request for consideration on a first come basis.
Vacations which include major holidays,
Thanksgiving, Christmas and New Year's Day
shall be rotated amongst staff rather than
determined by seniority.
W. Appointment Salary. The County may hire new
employees into classes in this bargaining unit at
any step of the salary range for the particular
class. Consideration shall be given to the
qualifications of the appointee relative to current
incumbents. The County shall advise the Union
of any appointments made at a salary level
higher than that of an incumbent with equal
qualifications.
X. Low Census. Unanticipated declines in hospital
patient census may result in the need to
temporarily reduce staffing hours for periods of
time not requiring formal layoff procedures.
When this occurs, the Hospital Nursing Service
shall use a variety of procedures to call off and
reassign staff. Those procedures will generally
CCCEA LOCAL NO. 1 - 192 - 1995-99 MOU
emphasize the call off of volunteers first, and the
retention of permanent employees.
Employees may voluntarily request accrued time
off by calling the Staffing Office and asking to be
placed on a standing Absent Day list to be used
for voluntary call offs in future low census days.
The Staffing Office will seek voluntary call offs on
a shift-to-shift basis.
Employees will be floated to available
assignments in other units for which they are
oriented or otherwise qualified.
If necessary, as assessed on a daily basis,
employees will be required to take Involuntary
Call Off days on an equitable rotation. Order of
Involuntary Call Off will normally be Registry,
Temporary, Permanent-intermittent, Permanent
Part Time and Permanent Full-time. The
maximum number of Involuntary Call Off days
per permanent employee will not exceed one
shift per month or three (3) shifts per year.
Permanent employees will be offered the option
of using vacation or holiday accruals if the
employee has the accruals available. Otherwise,
the employee will be placed on AWOP.
LT, Overtime or Registry Nurses will not be
assigned to work on units for which an employee
who is on Involuntary Call Off day is qualified to
work. Involuntary Call Offs will be reasonably
distributed among the various nursing
CCCEA LOCAL NO. 1 - 193 - 1995-99 MOU
classifications consistent with the staffing pat-
terns for patient census and acuity needs.
Employees will be notified a minimum of two
hours in advance of each shift for which an
Involuntary Call Off day is assigned. In the event
such notice is not given, the affected employee
will receive a minimum of two (2) hours work at
the employee's regular rate. Should the hospital
make such a documented attempt to notify the
employee of a cancellation of shift, but be
unsuccessful in doing so, this pay provision will
not apply. It is the responsibility of the employee
to maintain a current telephone number with the
Staffing Office. Failure to do so relieves the
Hospital of the notification and pay obligations.
The same procedures will be used in the event of
reduced patient visits in the Ambulatory Care
Nursing Service. They will be applicable within
the three discrete components of that service: 1 )
Richmond Health Center; 2) Martinez and
Concord Clinics; and 3) Pittsburg and Brentwood
Health Centers.
These procedures will apply in the hospital when
the patient census falls below 120. This provision
shall remain in effect for the duration of this
MOU.
Y_ Central Supply. For employees in Central
Supply, the County will provide pant suits as an
option and shall also provide poncho type rain
apparel as needed in rainy weather.
CCCEA LOCAL NO. 1 - 194 - 1995-99 MOU
Employees in Central Supply are scheduled on
the basis of an eight and one-half hour day and
are on their own time during the lunch period. If
operational reasons preclude an employee from
leaving the, work area during the lunch period,
such time shall be considered worked and will be
paid at the overtime rate.
The Health Services Department agrees to study
the organization of work and classifications within
the Central Supply Division. The study will begin
within ninety (90) days following the ratification of
this MOU.
Z. Public Service Officers. At the Service Integration
Program Family Service Centers, the Public
Service Officers shall be allowed a one-half (Y)
hour paid lunch to remain on-site throughout the
8:30 a.m. - 5:00 p.m service hours.
57.3 Building Trades Unit.
A. The County shall continue to supply employees
in the Building Trades Unit with specific tools
which shall be maintained and secured on
County premises. No tools other than those
supplied by the County may be used except
upon prior authorization of the County.
B. The County shall pay each employee in the
Building Trades Unit a reimbursement of twenty
dollars ($20.00) per month, such to defray the
cost of supplying and cleaning clothing worn in
CCCEA LOCAL NO. 1 _ 195 - 1995-99 MOU
the performance o regular duties.
C. Employees in the , unit assigned to work in the
County Detention Facility shall receive in addition
to their base pay a differential of five percent
(5%) of base pay as premium compensation for
this assignment.
The County will provide reimbursement, up to
fifty dollars ($50.00) per calendar year to
Painters and Steamfitters for special blood tests,
the purpose of which is to detect lead or other
heavy metals. A statement from the Physician
must be submitted with the receipt.
Employees in the unit who work four (4) or more
hours of overtime after midnight on a regularly
scheduled work day may request and shall be
granted the use of vacation, holiday or
compensatory time for all or part of that day.
57.4 Deputy Public Defenders Unit
A. Professional Advisory Committee. The
Professional Advisory Committee shall be
continued. Said committee shall be composed of
not more than two (2) employee representatives
appointed by the Public Defenders Unit of Local
No. 1 and two (2) department representatives
and shall meet at the mutual convenience of the
parties once every two (2) months.
B. Paid Personal Leave. On January 1st of each
CCCEA LOCAL NO. 1 - 196 - 1995-99 MOU
year, employees in the classes of Deputy Public
Defender I, II, III, and IV and will be credited with
eighty (80) hours of paid personal leave to
recognize the unavailability of overtime payments
and compensatory time off for Deputy Public
Defenders. Employees appointed after July 1st
shall be eligible for forty (40) hours of paid
personal leave on the first succeeding January
1st and shall be eligible for eighty (80) hours
annually thereafter. Said personal leave must be
used during the calendar year in which credited
and may not be carried forward. 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.
C. The Public Defender's Office agrees to continue
the current leave policy . for Deputy Public
Defenders.
D. Effective July 1 , 1992, the Public Defender's
Department agrees to discontinue the current
Miranda Watch provisions that provide for one
day of compensatory time for each week of
Miranda Watch as set forth in the agreement
between the County and the Union dated
February 19, 1980:
E. The County shall reimburse each Deputy Public
Defender up to a maximum of four hundred
twenty-five dollars ($425) for fiscal year 1996/97
and up to a maximum of five hundred dollars
($500) each fiscal year commencing July 1 , 1997
CCCEA LOCAL NO. 1 - 197 - 1995-99 MOU
for the following types of expenses: membership
dues in legal, professional associations;
purchase of legal publications; and training and
travel costs for educational courses related to the
duties of a Deputy Public Defender; and software
and hardware from a standardized County
approved list or with Department Head approval,
provided each Deputy Public Defender complies
with the provisions of the Computer Use and
Security Policy adopted by the Board of
Supervisors.
Any unused accrual may be carried forward to
the next fiscal year up to seven hundred dollars
($700). The Training Reimbursement provision
contained in Section 28 of this MOU shall not
apply to employees in the Deputy Public
Defenders Unit.
The County shall reimburse each Deputy Public
Defender for California State Bar membership
dues (but not penalty fees) and for criminal
specialization fees. To be eligible, one must be a
permanent Deputy Public Defender with the
Contra Costa County Public Defender's
Department as of January 1 of the calendar year
for which reimbursement is requested.
F. Effective the first of the month following adoption
of this MOU, the vacation schedule listed below
shall be maintained for Deputy Public Defenders'
Grades I, II, III, IV.
CCCEA LOCAL NO. 1 - 198 - 1995-99 MOU
Max. Cumulative
Length of Service Hours Hours
11 years 102/3 256
12 years 11 1/3 272
13 years 12 288
14 years 122/3 304
15 - 19 years 131/3 320
20 - 24 years 16-2/3 400
25 - 29 years 20 480
30 years and up 23-1/3 560
G. Effective November 11 1984, Agency Shop
provisions, as cited in Section 2.2 of the MOU
between Local No. 1 and the County become
operative.
H. Effective the first month following execution of
this MOU or as soon thereafter as possible,
Deputy Public Defenders will be covered by a
long-term disability insurance policy identical with
that currently covering employees in the Deputy
District Attorney class series.
I. Public Defenders may choose reimbursement for
up to one-third (1/3) of their annual vacation
accrual, subject to the following conditions:
1 . The choice can be made only once in each
calendar year.
2. Payment shall be based on an hourly rate
determined by dividing the employee's
monthly salary by 173.33.
CCCEA LOCAL NO. 1 _ 199 - 1995-99 MOU
3. The maximum number of hours that may be
reimbursed in any one year is one-third (1/3)
of the annual accrual.
In those instances where a lump sum payment
has been made in lieu of a retroactive general
salary adjustment for a portion of the calendar
year which is subsequent to exercise by an
employee of the vacation buy-back provision
herein, that employee's vacation buy-back shall
be adjusted to reflect the percentage difference
in base pay rates upon which the lump sum
payment was computed provided that the period
covered by the lump sum payment was inclusive
of the effective date of the vacation buy-back.
a
The granting of such vacation buy-back is
subject to the sole discretion of the Public
Defender whose decision is final. The Public
Defender will meet and confer with employee
representatives to develop criteria for the
granting of such vacation buy-back.
J. Life insurance. Effective February 1 ,1997,
$45,000 Group Term Life Insurance will be
provided for Deputy Public Defenders. Premiums
for this insurance will be paid by the County with
conditions of eligibility to be reviewed annually.
K. Deferred Compensation. Effective February 1 ,
1997, employees represented by Local One in
the Deputy Public Defenders' Unit will be eligible
to participate in the County's Deferred
Compensation Plan. The County will contribute
CCCEA LOCAL NO. 1 - 200 - 1995-99 MOU
forty ($40) dollars per month to the deferred
compensation accounts of all employees in the
Public Defenders' Unit who participate in the
County's Deferred Compensation Plan. To be
eligible for this contribution, qualifying employees
must:
Complete a County interest form and return it to
the Benefits Service Unit, deposit the Qualifying
Base Contribution Amount indicated below in
his/her deferred compensation account, and
maintain a minimum monthly contribution to the
deferred compensation plan in the amount
indicated below:
Current Qualifying Monthly Base Contrib.
Monthly Base Contr. Amt. For Maintaining
Salary Amount Incentive Eligibility
$2,500 and below $ 250 $ 50
$2,501 - 3,334 500 50
$3,335 - 4,167 750 50
$4168 - 5,000 1,000 50
$5001 - 5,834 1,500 100
$5,835 - 6,667 2,000 100
$6,668 & Above 2,250 100
Only those contributions made to the Deferred
Compensation Program as of the date the
employee signs the County interest form qualify
under the program as the "Qualifying Base
Contribution Amount..
If for any reason an employee's monthly
contribution falls below the minimum amount
required, the employee is no longer eligible for
the County's forty ($40) dollars per month
contribution and he/she must requalify for the
CCCEA LOCAL NO. 1 - 201 - 1995-99 MOU
contribution by again! satisfying the above listed
criteria.
57.5 Engineering Unit.
A. The Public Works Department will continue a
one-half ('/2) hour lunch period for all employees
in the classification of Junior Drafter and Senior
Drafter. Management will determine the time of
the lunch period and the starting and quitting
times for each employee. Crucial to the
continuance of the one-half ('/2) hour lunch
period will be the impact on service to the public.
The existing system of one-half ('/2) hour lunch
periods in the Assessor's Department will be
continued.
B. Employees in the classifications of Grading
Technicians and Senior Grading Technicians
shall be reimbursed for the actual cost of rain
gear up to a maximum of thirty-five dollars
($35.00).
C. The Public Works Department and the
Assessor's Office shall continue a flexible forty
(40) hour work week for Junior Drafter and
Senior Drafter.
57.6 General Services and Maintenance Unit.
A. General: All existing departments safety awards
shall continue for the duration of this MOU.
CCCEA LOCAL NO. 1 - 202 - 1995-99 MOU
B. Field Personnel.
1 . The County will provide coveralls or overalls
to each employee assigned to the paint crew
and bridge crew in the Public Works
Maintenance Division of the Public Works
Department and will launder such clothing
on a regular basis. The employees will be
required to select either coveralls or overalls;
this choice shall be considered a permanent
selection. Coveralls shall be provided for the
employee assigned to and operating the
Gradall.
2. The Safety Committee of the Public Works
Department, as previously referenced in a
Departmental MOU, shall continue for the
duration of this agreement.
3. The employee designated as the Primary
Operator of the. Gradall, Spider Crawling
Backhoe, or Idaho Norland Paint Striper
shall receive a two and one-half (2-1/2%)
percent differential on base pay for each
calendar month during the term of this MOU
Only one person at any one time will be
designated as the Primary Operator of the
Gradall, Spider Crawling Backhoe, or Idaho
Norland Paint Striper, and only that
individual will receive the aforementioned
differential. Other employees temporarily
assigned to operate these pieces of
equipment will not receive the differential.
CCCEA LOCAL NO. 1 - 203 - 1995-99 MOU
hy.'.A
4. Laborers participating in the Public Works
Department Equipment Operator I training
program and who are employed as Laborers
prior to July 1 , 1977 will be paid mileage
allowance in accordance with the existing
County policy such miles driven each day
which exceed by ten (10) miles the miles
driven between their residence and the
location they worked immediately prior to
entering said training program. it is
understood that this agreement was made to
take into account the very specialized nature
of the aforementioned training program and
should not in any way be considered as
setting a precedent with regards to the
County mileage policy.
5. The Public Works Department agrees to
offer Defensive Driver Training to employees
on road maintenance crews.
6. The General Services Department will meet
and confer with the Union if it intends to
increase the work test crews beyond nine (9)
members.
7. On a trial basis for the employees in the
General Services and Maintenance Unit, and
at the sole discretion of the Director of
Human Resources upon written request
stating the reasons for such request, the
Union may appoint an individual to observe
instructions given an oral board by the
CCCEA LOCAL NO. 1 - 204 - 1995-99 MOU
appointing authority on his/her own time.
C. Shop Personnel.
1 . The County will pay Equipment Mechanics a
tool allowance ' of two hundred dollars
($200.00) per, year. Air tools will be
considered an eligible tool allowance item.
The tool allowance benefit will be provided
on a reimbursement basis through
z
submission of ,County payment demand
forms with proof of purchase.
2. Employees in the classes of Equipment
Mechanic, Apprentice Mechanic, Equipment
Services Worker and Garage Attendant will
have the choice of the County providing
coveralls or pants and shirt. The employees
will be required to select either coveralls or
pants and shirt; this choice shall be
considered a permanent selection.
3. Employees referenced in C.2 above shall be
provided with additional uniforms so as to
enable the employee to have a clean uni-
form each day.
D. Building Maintenance & Miscellaneous
Employees
1 . Union Stewards in the Building Maintenance
Division shall be relieved from their assigned
work duties by their supervisors within
twenty-four (24) hours (excluding Saturdays,
CCCEA LOCAL NO. 1 - 205 - 1995-99 MOU
Sundays, and: ,holidays) upon receipt of a
request by an employee in that division to
investigate and/or process a grievance
initiated by said employee.
2. The Building Maintenance Division of the
General Services Department will continue
the seven (7) day per week maintenance
coverage of County facilities by Operating
Engineers.
3. Custodians in the Probation Department
specifically assigned responsibility in writing
for providing work training to assigned
juveniles shall receive in addition to their
base pay a differential of five percent (5%) of
base pay as premium compensation for this
additional responsibility. Such differential to
be computed on the basis of hours actually
spent in directing juveniles in work training.
4. The vacation scheduling procedure for
Custodians I and II in the Buildings and
Grounds Division of the General Services
Department shall be as follows:
All employees, in order of seniority, with the
Buildings and Grounds Division of the
General Services Department shall be
afforded the opportunity to indicate their
preference of vacation dates for their
vacation entitlement by area. If an employee
wishes to split his/her vacation entitlement
and schedule a portion of his/her vacation at
CCCEA LOCAL NO. 1 - 206 - 1995-99 MOU
another time, he/ she shall be afforded a
second opportunity to exercise his/her
seniority in scheduling each second choice
after all other 'employee's vacations have
been scheduled,
For example: If an employee has a vacation
entitlement of four Nweeks and wishes to
take two (2) of those weeks in July, his/her
preference for the ! specific dates in July
would be reviewed by the department in
accordance with his/her seniority. Once the
first choice of vacation dates for this
employee and all other employees have
been reviewed by the department and
scheduled by area in accordance with
seniority, the employee may indicate his/her
preference of ' vacation dates for the
remaining two (2) weeks of his/her vacation
entitlement which again will be reviewed and
scheduled by ` prea', by the department in
accordance with his/her schedule.
5. Cooks, Lead Cooks and Operating
Engineers assigned to the County's Main
Detention Facility j or the Marsh Creek
Detention Facility shall receive in addition to
their base pay, -a differential of five percent
(5%) of base pay as premium compensation
for this assignment.
6. Custodians assigned to the County's Main
Detention Facility or Marsh Creek Detention
Facility and who are required to work in
CCCEA LOCAL NO. 1 - 207 - 1995-99 MOU
inmate modules,:sha!! receive in addition to
their base pay ,a differential of five percent
(5%) of base pay as premium compensation
for this assignment.
7. The Building Maintenance Division of the
General Services Department shall continue
the safety committee of no less than two (2)
employees selected by Contra Costa County
Employees Association, Local No. 1 in the
classes of Window Washer and Lead
Window Washer to discuss various safety
problems. This committee shall meet not
less than once every three (3) months nor
more than once a month upon request of the
employees.
8. The County shall pay Operating Engineers in
the General Services and Maintenance Unit
a reimbursement of twenty dollars ($20.00)
per month, to defray the cost of supplying
and cleaning clothing worn in the
performance of regular duties.
9. The County will provide reimbursement, up
to fifty dollars ($50.00) per calendar year, to
permanent Groundskeepers, Gardeners and
Lead Gardeners for the purchase of
coveralls or overalls worn on the job.
E. Communications.
The Communications Division Safety Committee
shall be continued. Said Committee shall consist
CCCEA LOCAL NO. 1 - 208 - 1995-99 MOU
of two (2) Communications Division employees
selected by the Union. Said Committee shall
meet quarterly . with a Manager and the
Departmental Safety Coordinator. Said meetings
shall not exceed one (1) hour in duration except
by mutual agreement of the parties.
F. Sheriffs Personnel.
The County shall continue to pay twenty-five
dollars ($25.00) per month uniform allowance for
employees in the Sheriffs Department who are
required to wear a uniform in the performance of
their duty in the following classifications: Sheriffs
Services Assistant 1, Sheriffs Services Assistant
II and Storekeeper.
G. Building Inspectors.
1 . The Building Inspection Department shall
reimburse employees in the classifications
of Building Inspector I, Building Inspector II,
Mechanical Inspector and Electrical
Inspector for the actual cost to purchase rain
gear and coveralls up to a maximum amount
of twenty dollars ($20.00) plus sales tax for
coveralls and thirty-five dollars ($35.00) plus
sales tax for rain gear.
2. Building Inspectors assigned by the Building
Inspection Department to Housing, Mobile
Home and Commercial inspections shall
receive a differential of five percent (5%) of
base pay for these assignments. These
CCCEA LOCAL NO. 1 - 209 - 1995-99 MOU
• R' 1
assignments ,,,may be rotated at the
discretion of the `Department Head.
H. Central Service.
1 . Local No. 1 will select a spokesperson who
is an employee of the County Administrator's
Office to bring to the attention of and discuss
with the Department Head or his designee at
convenient times any safety problems
existing within the department.
2. The County will provide employees in the
class of Driver Clerk, poncho type rain
apparel.
The above does not exclude any other
employee from bringing to the attention of
the management of the County
Administrator's office any safety problems
that may exist.
3. Effective the first month following execution
of this MOU, Office Service Workers will be
paid at the applicable higher rate from the
first day when substituting on Driver Clerk .
routes.
I. Hospital Workers.
1 . If an employee in this unit, employed at the
County Hospital, who at the County's
request works on all or part of two
contiguous shifts (more than eight (8)
CCCEA LOCAL NO. 1 - 210 - 1995-99 MOU
continuous hours) which is outside the
employees regular work schedule and the
first eight (8) hours fall on one day and the
additional hours fall on the following day, the
employee shall be paid a differential of one-
half ('/2) the employees base salary rate in
addition to the employees base salary rate
for the hours worked in excess of eight (8)
hours.
2. Employees in this unit working at the
Merrithew Memorial Hospital who at the
County's request work two contiguous shifts
(sixteen (16) continuous hours) shall be
provided a meal in the Hospital Cafeteria at
no cost to the employee.
3. Employees in this unit who are employed at
Merrithew Memorial Hospital and are
required to work on Thanksgiving, Christmas
or New Year's Day will be provided a free
meal in the Hospital Cafeteria between the
hours of 6:30 a.m. and 6:30 p.m.
4. Where only one Storeroom Clerk is on duty
on a shift at the main Hospital Storeroom on
a given day, and the Storeroom cannot be
closed for one-half ('/2) hour to permit that
Storeroom Clerk an unpaid lunch period, the
Storeroom Clerk will be scheduled to work a
straight eight (8) hour shift with a paid lunch
period.
5. The County shall provide pantsuits as an
CCCEA LOCAL NO. 1 - 211 - 1995-99 MOU
option to elloyees in the classes of
Central Supply, Technician, Lead Central
Supply Techdidian, Institutional Services
Aide and Institutional Services Worker's who
are normally furnished uniforms by the
County.
6. The County will provide poncho type rain
apparel as needed for employees in the
Hospital Central Supply and Environmental
Service who are required to go outdoors
while its raining.
7. Employees -in the class of Central Supply
Technician are scheduled on the basis of an
eight and one-half (8-1/2) hour day and are
on their own time during their lunch period. If
operational reasons preclude an employee
from leaving the work area during the lunch
period, such time worked shall be paid at the
rate of time and one-half.
J. Library Personnel.
1 . Section 12 of this MOU regarding holidays is
modified for all employees in this unit
assigned to the Library to delete the day
after Thanksgiving as a holiday and to add
the day before Christmas as a holiday. The
Libraries will close at 6:00 p.m. on the day
before Thanksgiving.
2. The Driver Clerk permanently assigned to
drive the Bookmobile shall receive in
CCCEA LOCAL NO. 1 - 212 - 1995-99 MOU
addition to his/her base pay a differential of
five percent (5%) of base pay as premium
compensation for this assignment.
3. Employees in this unit assigned to the
Library who work Saturday shall receive a
five percent (5%) differential for all hours
worked on Saturday. Said five percent (5%)
differential shall not apply to any overtime
hours worked on Saturday.
4., The Libraries will close at 5:00 p.m. on New
Year's Eve. Employees in this unit assigned
to work at the Library shall rearrange their
work schedules so that they work a full eight
(8) hour shift.
57.7 Health Services Unit.
A. Public Health Nurses.
1 . The current Public Health Nurse
Professional Standards and Practices
Committee (PSPC) shall continue for the
duration of this MOU. The PSPC will be
comprised of seven members.
2. Effective July 1 , 1996, approved Continuing
Education Leave (CE) time entitlement will
be twenty-four (24) hours per fiscal year for
the full-time, permanent Public Health
Nurse. Permanent part-time PHN's will have
their approved CE time entitlement prorated
on the basis of the number of hours they
CCCEA LOCAL NO. 1 - 213 - 1995-99 MOU
tYh
w'
work in relatio"Kf'_to the regular forty (40) hour
work week, 'with a minimum of fifteen (15)
hours per fiscal year.
CE time may be carried over into the next
fiscal year and added to the CE time
entitlement for that year without restriction,
up to twice the annual accrual. Employees
who have more than twenty-four (24) hours
unused CE time at the end of fiscal year
95/96, may carry over the entire balance into
fiscal year 96/97.
An employee who attends a pre-approved
course on a date for which he/she is not
regularly scheduled to work or who
completes a pre-approved home study
course will be granted CE time off for the
number of hours equivalent to the CE units
earned. Only Board of Registered Nurses
Accredited Courses will be approved. Such
time off must be scheduled in advance by
mutual agreement between the employee
and the supervisor.
3. The pay differential between the classes of
Public Health Nurse and Registered Nurse
existing on 6/30/85 shall be maintained for
the duration of this MOU.
4. Public Health Nurses may take either a half-
hour (1/2) or one-hour (1) lunch break,
provided the operational needs of the
department are met.
CCCEA LOCAL NO. 1 - 214 - 1995-99 MOU
5. The deep class resolution for Public Health
Nurse shall remain in effect for the duration
of this MOU unless modified by mutual
agreement.
6. If reassignments of less than eight (8) weeks
duration are needed to cover for vacation
relief, sick leave, temporary shifts in
workload, training assignments or other
short term needs, management shall solicit
volunteers. If there are insufficient
volunteers, assignments will be based on
inverse seniority within the affected program.
7. Vacations.
a. Vacations for Public Health Nurses shall
be scheduled on an annual cycle, April
1 through March 30. Employees must
submit theirwritten vacation requests by
February 1 st of each year.
Administration will post a schedule of
vacations by March 1 st of each year.
b. At least one Public Health Nurse from
each office or program will receive
scheduled absences, including
continuing education and vacation, at
any given time. With supervisor's
approval, - additional time off requests
may be granted, based on staffing and
caseload. The employee with the
greater length of service in their
classification will receive the requested
CCCEA LOCAL NO. 1 - 215 - 1995-99 MOU
vacation time: Less senior employees
will be giverti the opportunity to request a
different time before the annual
schedule is posted. Absences for sick
leave, disability and regular days off will
not be counted as scheduled absences.
c. An approved vacation will not be
unilaterally canceled.
d. An employee voluntarily changing work
position or assignment between
programs or regional offices after March
1st must resubmit a vacation request for
consideration on a first come basis.
e. Vacations which include major holidays,
Thanksgiving, Christmas and New
Year's Day shall be rotated amongst
staff rather than determined - by
seniority.
8. Public Health Nurses in Home Health.
a. Scheduling. The Home Health Agency
management is responsible for
developing a Countywide
weekend/holiday schedule. That
schedule will include four (4) nurses,
one (1) with primary call, two (2) with
secondary call and the fourth with back-
up call. The primary nurse on-call is
responsible for covering HHA cases
Countywide. The primary nurse position
CCCEA LOCAL NO. 1 - 216 - 1995-99 MOu
generally is filled by the two (2)
permanent part-time (PPT) weekend
nurses (W/E) who will rotate on an
every other week basis with the
following exceptions:
1 . The permanent part-time WE
nurses are never responsible for
covering any of the four (4) major
holidays, even if they occur on a
weekend.
2. PPT W/E nurses do not cover any
mid-week holidays (Tuesday
through Thursday).
3. Three (3) day weekends are
covered by the PPT WE nurses on
a rotating basis according to their
schedule.
4. Any remaining weekend days, and
all remaining holidays to be
covered, will be assigned to HHA
pool ' nurses according to an
alphabetical rotation, but taking into
consideration those nurses who
have not yet been assigned a major
holiday:
5. The secondary nurses are
responsible for covering all the
cases that cannot be seen by the
primary nurse. Generally, the
CCCEA LOCAL NO. 1 - 217 - 1995-99 MOU
Hyi
second 1ry, nurses will work during
his/heli_ assigned weekend. The
fourth nurse scheduled, the back-
up nurse, will work only if one of the
primary or secondary nurses is
unavailable to work.
6. The secondary and back-up call
lists are developed using the alpha
list as a basic tool, modified to take
into account the following
principles:
a. beginning with the new year
where the previous alpha list
left off;
b. the previous major holiday
assignments;
c. personal preferences
submitted by staff;
d. avoidance of back-to-back
weekend assignments;
e. attempt to make scheduled
weekends at least six weeks
apart;
f. attempt coordination of Central
County staff members with
West County staff members on
mid-week holidays and major
CCCEA LOCAL NO. 1 - 218 - 1995-99 MOU
holidays;
g. avoidance of scheduling an
individual for more than one (1 )
three (3) day weekend during
the year;
h. avoidance of scheduling any
given employee for more than
one (1) major and one (1 ) non-
major holiday during the year;
i. administration will attempt to
ensure that no nurse is
scheduled for more than six (6)
weekends per year.
b. Major Holidays. The major holidays are:
Thanksgiving Day & the day after
Thanksgiving
Weekend following Thanksgiving Day
Christmas Day
New Year's" Day
Once a nurse has been scheduled for a
major holiday, he or she will not be
scheduled for an additional major
holiday until everyone else has been
scheduled.
c. Filling Vacancies. Vacancies in the
schedule will first be filled by nurses
who volunteer to work additional call
CCCEA LOCAL NO. 1 - 219 - 1995-99 MOU
assignments:; if feasible. New nurses
will be used to fill vacancies on a
prorated basis. If neither of the above
methods is feasible, the back-up
position will be shifted to cover
secondary call and secondary call
would be shifted to cover primary call.
The resulting vacant back-up position
will be designated by HHA
management.
d. Trades. Call can be traded with the
agreement of the two (2) nurses
involved and approval of HHA
management. Nurses who volunteer for
additional weekends will have those
weekends count toward their maximum.
A nurse may request a day off following
a weekend worked on-call, and will
receive a day off during that following
week.
e. Permanent Part-time Weekend Nurses.
Permanent part-time (PPT) employees
will normally work every other weekend,
but that schedule may be modified
according to the provisions for PPTs
ME above. The normal work schedule
for the PPT WE nurse includes the day
before the weekend worked and the day
after, but this schedule may be modified
at the request of the nurse with the
approval of the supervisor. The
remaining time of the PPTs will be
CCCEA LOCAL NO. 1 - 220 - 1995-99 MOU
scheduled by the nursing supervisor,
taking into account the preference of the
nurse.
f. Discharge Planner. The Discharge
Planner provided to Merrithew Memorial
Hospital by the HHA is not part of the
weekend/holiday call schedule.
B. Environmental Health
1 . Environmental Health Inspectors. The
County shall ' ' continue the Professional
Standards Committee comprised of
Environmental Health inspectors selected by
Local No. .1 and employed in the Health
Services Department who may, as a commit-
tee, develop and communicate
recommendations to the Director of the
Environmental Health Division of the Health
Service Department. The Professional
Standards Committee may schedule only
one (1) regular meeting each month during
working hours, and the County will release
from duty a maximum of two (2)
Environmental Health Inspectors for a period
not to exceed one (1) hour for any
Environmental Health Inspectors to attend
such meeting. The agenda and minutes of
each meeting shall be forwarded to the
Director of the Environmental Health
Division. It is understood that the
Professional Standards Committee is
advisory only and the subjects it reviews
CCCEA LOCAL NO. 1 - 221 - 1995-99 MOU
shall be restricted to those directly related to
Environmental Health Inspector's practices.
2. Hazardous Materials Specialists. Hazardous
Materials Specialists will be paid a
differential of fifty dollars ($50) per month
while participating on the Incident Response
Team.
C. Clinical Laboratory Technologist. The Health
Services Department shall continue a staggered
lunch period system for the Clinical Laboratory
Technologist I & II and Senior Clinical Laboratory
Technologist classifications in order to ensure
uninterrupted lunch periods for these employees.
Each full-time employee in the classes of Clinical
Laboratory Technologist I & II and Senior Clinical
Laboratory Technologist will be granted sixteen
(16) hours per year of continuing education (CE)
leave to complete courses required for license
renewal. For permanent part-time employees,
CE leave will be prorated based on their
assigned hours. Employees may carry over CE
leave from one year to the next to a maximum of
thirty-two (32) hours without restriction.
D. Physical, Occupational & Recreation Therapists.
1 . The present Professional Standards
Committee for this group of employees will
be continued for the duration of the MOU.
2. The present release time for staff
CCCEA LOCAL NO. 1 - 222 - 1995-99 MOU
development and flex time work schedule for
Therapist in the California Children's
Services Program will be continued for the
duration of this MOU. If the County desires
to change either of the above it will offer to
meet and confer with the Union before doing
so.
E. Substance Abuse Staff. There shall be a
Substance Abuse ' Counselor Professional
Performance Committee consisting of employees
in the Substance Abuse Rehabilitation job series.
The purpose of the Committee is to meet to
consider and discuss patient care and
professional practice. It may also formulate
advisory recommendations and proposals
concerning such matters. The Committee shall
not discuss economic matters, such as wages,
hours and other economic conditions that may
be subject to meet and confer. The Professional
Performance Committee may schedule one (1)
regular meeting each month during working
hours, provided that such meeting shall not
conflict with normal work activities and shall be
agreeable to the Substance Abuse Program
Director. The Department will release from duty
no more than three (3) Substance Abuse
Counselors for a period not to exceed two (2) .
hours.
Substance Abuse Counselors released for these
meetings shall promptly report meeting and
travel time to the Substance Abuse Program
Director or designee.
CCCEA LOCAL NO. 1 - 223 - 1995-99 MOU
The Committee shall, prepare written minutes of
all Professional Performance Committee
meetings; copies of which shall be distributed to
the Committee members and the Substance
Abuse Program Director.
F. Mental Health Treatment Staff.
1 . A Labor/Management Forum composed of
two (2) Local No. 1 delegates and the Mental
Health Director will meet at least quarterly to
address the status and viability of the line
staff/management working relationships.
Areas of ongoing focus will be
communication and mutual cooperation.
Specific issues of clinical, professional and
programmatic concern can- be addressed as
necessary. An agenda of items to be
discussed will be submitted to the Mental
Health Director at least two (2) weeks prior
to the scheduled meeting.
2. The Health Services Department agrees to
meet and confer with the Union before
contracting out any presently County
operated Mental Health Programs employing
Mental Health Staff.
G. Pharmacy.
1 . The County will grant forty (40) hours/year of
continuing education leave to licensed
Pharmacists who are required by law to
CCCEA LOCAL NO. 1 - 224 - 1995-99 MOU
complete such course work as a condition of
renewing their license.
2. Where only one licensed Pharmacist is on
duty at the Main Hospital Pharmacy on a
given day, and the Pharmacy cannot be
closed for one-half (1/2) hour to permit that
Pharmacist an unpaid lunch period, the
Pharmacist will . be scheduled to work a
straight eight (8) hour shift with a paid lunch
period.
H. Cardio-Pulmonary.
1 . The Health Services Department will
continue the practice of staggered lunch
periods to permit one-half ('/2) hour unpaid
lunch periods for Respiratory Care
Practitioners 1/11.
2. The County will grant ten (10) hours/year of
continuing education leave to Respiratory
Care Practitioners 1/II who are required by
law to complete such course work as a
condition of renewing their State Respiratory
CAUP Practitioner Certificate. Employees
may carry over CE leave from one year to
the next to a maximum of twenty (20) hours
without restriction.
I. Radiologic & Ultrasound Technologists.
1 . Radiologic and Ultrasound Technologists
required to be on-call will be compensated
CCCEA LOCAL NO. 1 - 225 - 1995-99 MOv
with one (1) tour of pay for each two (2)
hours of on-call time.
2. A five percent (5%) differential will be paid to
any qualified Radiologic Technologist when
scheduled to perform mammograms or CT
scans on the day shift, Monday through
Friday, or when completing the necessary
paperwork. When performing CT scans or
mammograms at other times, Radiologic
Technologists will be paid the five percent
(5%) differential for actual time spent
performing the procedure and completing
the necessary paperwork.
3. When performing an angiogram other than
day shift, Monday through Friday, the
Radiologic Technologist will be
compensated at a flat rate of $500 per
procedure.
4. Each full-time employee in the classes of
Ultrasound Technologist I & II, and Junior &
Senior Radiologic Technologist will be
granted twelve (12) hours per year of
continuing education (CE) leave to complete
courses required for license renewal. For
permanent part-time employees, CE leave
will be prorated based on their assigned
hours. Employees may carry over CE leave
from one year to the next to a maximum of
twenty-four (24) hours without restriction.
J. Dietitians. Full-time employees in a classification
CCCEA LOCAL NO. 1 - 226 - 1995-99 MOU
requiring possession of a Registered Dietitian's
Certification shall be granted twenty (20) hours
per fiscal year of continuing education (CE) time
off to complete the course work required for
renewal. Permanent part-time employees will
have their CE time entitlement prorated on the
basis of the number of hours of their position in
relation to the regular forty (40) hour work week.
Employees may carry over the CE leave from
one year to the next for a maximum of forty (40)
hours, without restriction.
K. Public Health Nutritionists. Full-time employees
in a classification requiring possession of a
Registered Dietitian's Certification shall be
granted twenty (20) hours per fiscal year of
continuing education (CE) time off to complete
the course work required for renewal.
Permanent part-time employees will have their
CE time entitlement prorated on the basis of the
number of hours of their position in relation to the
regular forty (40) hour work week.
Employees may carry over the CE leave from
one year to the next for a maximum of forty (40)
hours, without restriction.
L. The following vacation accruals shall be effective
October 1 , 1981 for employees in the Health
Services Unit and other accruals listed in Section
13.2 shall not apply:
CCCEA LOCAL NO. 1 - 227 - 1995-99 MOU
r
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years' 10 . 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
M. Holiday Meal. Employees in this unit who are
employed at the Merrithew Memorial Hospital
and are required to work on Thanksgiving,
Christmas or New Year's Day will be provided a
free meal in the Hospital Cafeteria between the
hours of 6:30 a.m. and 6:30 p.m. This provision
only applies to employees working on the day the
holiday actually falls.
N. Advance Step Appointments. The County may
hire new employees into classes in this
bargaining unit at any step of the salary range for
the particular class. Consideration shall be given
to the qualifications of the appointee relative to
current incumbents and shall advise the Union of
any appointments made at a salary level higher
than an incumbent with equal qualifications.
O. Unpaid Lunch Schedule. If the Health Services
Department determines that scheduled work
days which include a paid lunch period (typically
eight (8) hour days) are inconsistent with
operational needs they may be rescheduled to
include an unpaid lunch period with thirty (30)
days notice.
CCCEA LOCAL NO. 1 - 228 - 1995-99 MOU
57.8 Investiqative Unit.
A. The Side Letters of Agreement between the Data
Processing Division of the County Administrator's
Office and Local No. 1 relative to shift/vacation
bidding and the overtime sign up system shall be
continued for the duration of the MOU, provided,
however, that should management desire to
change same, they will meet and confer before
implementing a change.
B. The deep class resolution for Collection Services
Officer shall remain in effect for the duration of
.this MOU unless modified by mutual agreement.
C. The Office of the Public Defender will continue
the current policy regarding the use of County
cars by Public Defender Investigators.
D. The following vacation accruals shall be effective
for employees in the Investigative Unit and other
accruals listed in Section 13.2 shall not apply.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
57.9 Legal and Court Clerk Unit.
A. The Clerk-Recorder's Department will continue a
one-half (1/2) hour lunch period for employees in
CCCEA LOCAL NO. 1 - 229 - 1995-99 MOU
the class of Legal. lerk. Said one-half ('/2) hour
lunch period shall, be optional with the
employees. If insufficient personnel adopt the
one-half ('/) hour lunch period so as to make its
implementation impractical, this section will not
be binding on the Department.
The time of the lunch period and the quitting
times for each employee shall be determined
with the mutual agreement of the department and
the employees. This altered work schedule may
be discontinued at the mutual agreement of the
department and the employees. Crucial to the
continuance of the one-half (1/) hour lunch
period will be the impact on service to the public.
B. The Clerk-Recorder's Office agrees to reactivate
the Joint Labor-Management Safety Committee.
C. The County Clerk's Office will develop and
provide an orientation/ training program for Legal
Clerks on activities they need to know before
being assigned to go into the courtroom to work
as Court Clerks.
D. The County Clerk will continue the current
practice of closing the office to the public at 4:00
p.m.
57.10 Library Unit.
A. Section 12 of this MOU regarding holidays is
modified for all employees in the classifications
of this unit to delete the day after Thanksgiving
CCCEA LOCAL NO. 1 - 230 - 1995-99 MOU
as a holiday and to add the Day before
Christmas as a holiday. The libraries will close at
6:00 p.m. on the day before Thanksgiving.
B. The Libraries will close at 5:00 p.m. on New
Year's Eve. Employees shall rearrange their work
schedules so that they work a full eight (8) hour
shift.
C. It is the position of the Library 'Department that
employees in classes represented in the Library
Unit are on their own time during their lunch
period and are not subject to be called back to
work during their lunch period.
D. For those Library employees whose day off
occurs on a Friday payday, the Library
Administration will make every attempt to have
their paychecks available at the Library
Administration Office prior to 5:00 p.m. on the
Thursday immediately preceding that Friday
payday. Representatives of the affected
employees shall submit by 12:00 noon on that
Thursday to the Supervising Clerk in Library
Administration a list of names and work locations
of the employees whose day off will occur on the
Friday paydays and who are desirous of picking
up their checks on Thursday.
E. The Library agrees to continue to explore
maximizing two days off in a row for library
personnel covered by this MOU.
F. County Library personnel shall get a five percent
CCCEA LOCAL NO. 1 - 231 - 1995-99 MOU
(5%) differential for:; all 'scheduled hours worked
between 6:00 p.m;: 9'nd 9:00 p.m.
G. Employees in the Library Unit, who work
Saturday shall receive a five percent (5%)
differential for all hours worked on such
Saturday. Said five percent (5%) differential shall
not apply to any overtime hours worked on
Saturday.
H. In the event that Sunday is to become part of the
scheduled work week for Library Unit employees,
the County agrees to meet and confer with the
Union regarding those employees who will be
assigned to work Sunday as part of their
regularly scheduled work week.
I. The County Library Reassignment Policy shall be
as follows:
Definition. A reassignment is the voluntary or
involuntary transfer or movement of an employee
from one work site to another in the same
classification.
Reassignment Criteria. Reassignments are made
to facilitate the Library System's service function
and efficiency. Library Administration shall make
reassignments based on the needs of the
branch/system in relation to public service and
will consider the following employee factors as
they relate to these needs: the employee's job
performance and development, the employee's
subject/age specialization, the employee's
CCCEA LOCAL NO. 1 - 232 - 1995-99 MOU
seniority in the classification within the
department, the distance between the work site
and the employee`s residence, and the
assignment preferences of the employee as
obtained by the procedures outlined below.
When circumstances other than seniority appear
to Administration to equally or nearly equally
meet the system service needs, then seniority
shall govern.
In no event shall reassignments be utilized for
disciplinary purposes.
Procedures for Reassignment. Any employee
may submit a request for reassignment to
Administration at any time. Such requests will be
kept on file for the current fiscal year.
Announcement of vacancies from resignations or
promotions shall be distributed to all geographic
work sites for a posting period of five work days.
The announcement shall include: (1)
Classification and total hours of position; (2)
Work site; (3) Age-level assignments. During the
posting period, the vacancy shall not be filled.
Vacancies occurring from transfers (spin-offs)
cannot, in the interest of time, always be posted;
but when such spin-off transfers can be
anticipated, Library Administration will notify
appropriate employees so that requests for
voluntary reassignment from interested
employees can be obtained prior to any
reassignment decision.
CCCEA LOCAL NO. 1 - 233 - 1995-99 MOU
Before any decisions necessitating involuntary
reassignments are_ :;' made, Administration will
solicit information from employees involved
regarding their career development, goals,
assignment preferences and their view of branch
needs. This information will generally be
obtained through employee conferences with
Regional Librarians, Age-Level Coordinators, or
Assistant County Librarian.
Whenever feasible, an employee who is
reassigned will be given two (2) weeks notice.
Any employee who has been reassigned or any
employee who has requested a vacancy and is
not reassigned to that position, may request to
meet with Administration to discuss the reasons
for the decision.
J. The Librarians assigned to work in the County
Detention Facility shall receive in addition to
his/her base pay a differential of five percent
(5%) of base pay differential as premium
compensation for this assignment.
K. The Library Practice Advisory Committee shall
continue for the duration of this MOU.
L. The County Library agrees to continue the
present vacation scheduling policy. Vacations in
the Library Department are scheduled by loca-
tion. Preference of vacation shall be given to
employees at that location according to County
service, as reasonably as possible. Vacation
CCCEA LOCAL NO. 1 - 234 - 1995-99 MOU
requests will be submitted by employees for the
twelve (12) month period, March 1 to February
28. Preference in choices of dates will be. given
on the basis of greatest County service of
employees submitting vacation requests by
March 1 , irrespective of employee organization
affiliation.
The process shall consist of the employee in the
branch (or other work unit assigned), with most
County service making his/her first choice of one
continuous block of time, and continuing to the
next most senior employee, until each employee,
on this first round, shall have been assigned
his/her first choice (second or, third if more senior
employee(s) also requested the dates). This
procedure shall be repeated for the second block
of time, with the next most senior employee who
requested at least two blocks of time, having first
choice, from the remaining vacant time slots, and
so on, for as many rounds of assignment as
there were blocks of vacation time requested.
Completed vacation schedule will then be posted
in the branch or other work unit. Those
employees unable to specify a choice of dates
will turn in a vacation request form with no
choices indicated. Subsequent requests can then
be made, in writing, at least two weeks before
the requested vacation time. These requests will
be granted on a "first come, first served" basis.
Employees may cancel or reschedule their
granted vacation dates. These cancellations and
requests for rescheduling should be made, in
CCCEA LOCAL NO. 1 - 235 - 1995-99 MOU
writing, at leasttw60 eeks before the canceled or
rescheduled vacation time. The rescheduling will
be granted or denied according to same "first
come, first served" basis mentioned above.
All cancellations of previously approved vacation
dates will be posted on Vacation Schedule, and
be available to other employees on the basis of
seniority rather than "first come, first served."
Upon reassignment, employees take their
approved vacation dates with them to their new
location.
M. The Library Department shall make every effort
consistent with efficient operations to provide that
no employee shall be scheduled to work more
than two (2) after 6:00 p.m. shifts in a calendar
week, unless that employee specifically requests
that shift for a specified period of time.
No employee shall work more than half the
Saturday shifts within a mutually agreed upon
period of time (two (2) or eight (8) week cycles),
unless that employee specifically requests that
shift for a specified period of time.
Thirty-two (32) and twenty (20) hour employees
will maintain a four (4) day work week with two
(2) days off in a row. Days off for thirty-two (32)
and twenty (20) hour employees will be Thursday
and Friday or Saturday and Monday, unless
employees specifically agree to a variant days-off
schedule. Choice of shift assignments at a work
CCCEA LOCAL NO. 1 - 236 - 1995-99 MOU
site shall be determined by County seniority in
class.
However, employees who mutually agree to
trade shift assignments at a given work site may
do so, on a temporary or permanent basis,
depending on their mutual agreement.
In the event the Library is reorganized and/or
restructured so as to impact employees' wages,
hours or working conditions, the County will meet
and confer with Local One regarding the impact
of such reorganization or restructuring on wages,
hours or working conditions. If there is no
reorganization or restructuring, the union agrees
to meet and confer on any proposed changes in
the work rules.
N. Thirty-two (32) hour employees who voluntarily
reduced their hours to reduce the impact of layoff
shall be treated as forty (40) hour employee's for
purposes of a future layoff pursuant to Section
11 .4 of this MOU.
O. Permanent full-time and permanent part-time
staff represented by the Library Unit of Local One
shall be eligible for reimbursement of up to
twenty-five dollars ($25) per fiscal year for
membership in either the American Library
Association or the California Library Association.
Reimbursement will occur through the regular
demand process with demands being
accompanied by proof of payment (copy of
invoice or canceled check).
CCCEA LOCAL NO. 1 - 237 - 1995-99 MOU
ar
The following vacation accruals shall be effective
October 1 , 1981 for employees in the Library Unit
and other accruals listed in Section 13.2 shall not
apply.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
P. When there are promotional or open and
promotional exams for positions within the
Library, the Library will provide training for staff
members who meet the qualifications for the
position in order to assist staff to prepare for the
exam.
Q. The County shall continue to provide to the
Union a copy of any layoff or recall list(s) for all
affected employees in the unit. Furthermore, it is
agreed that the County shall continue to recall for
all assignments, whether permanent, short-term
or provisional, employees who have been
reduced in time, demoted or reassigned to
Permanent-Intermittent in strict seniority order.
In addition, the County agrees to keep a written
record of all offers of employment and
assignments to affected employees and to make
such information available to the Union upon
request. Qualified eligible permanent employees
will be considered for acting or provisional
CCCEA LOCAL NO. 1 - 238 - 1995-99 MOU
appointments before filling vacancies with
temporary employees.
R. The County and Union agree to establish a joint
labor-management task force to discuss
workload related issues. The task force shall
consist of up to three members selected by the
Union and up to three members selected by
management.
S. The Library will request that all vacant, funded
permanent positions be filled following the
adoption of the 1994-95 budget.
T. The County agrees that all provisions of the July
11 1993 side letter regarding the San Ramon
Library will remain in effect for the term of this
MOU.
57.11 Probation Unit.
A. Pursuant to the Departmental Memorandum of
October 28, 1974, the Probation Department will
continue to receive :and consider proposals for
adjusted hours for employees in the Department
subject to the criteria set forth in the
aforementioned memorandum.
Individual Deputy Probation Officers currently on
a 4/10 schedule may remain on said schedule for
the duration of the MOU except when a change
to a 5/8 schedule is mutually agreed upon
between the employee and their immediate
supervisor. However, as positions vacate, the
s.
CCCEA LOCAL NO. 1 - 239 - 1995-99 MOU
Probation Department reserves the prerogative
to change the assignment to a 5/8 work schedule
before refilling it. Nothing herein precludes
supervisors from recommending that vacated
4/10 positions be retained.
B. The current reassignment policy for Deputy
Probation Officers in the Probation Department
which is attached hereto shall remain in effect for
the duration of this MOU unless modified by
mutual agreement.
C. It is the policy of the Probation Department that
all unit supervisors hold personal evaluations
and submit a written evaluation to all Deputy
Probation Officers whenever such officers
transfer from their units.
D. The Department-Wide Probation Services
Advisory Committee shall continue during the
term of this MOU.
E. The Probation Department will establish separate
subcommittees of the Probation Services
Advisory Committee for each of the major
juvenile institutions (Juvenile Hall, Boy's Ranch,
Girls Center, Pre-Placement) prior to the
expiration of this MOU on a trial basis.
Representation on each such committee will
consist of two (2) Probation Counselors selected
by the Union together with the manager of the
facility. The subcommittee shall meet quarterly at
a mutually agreeable time and place, discuss
and resolve issues of mutual concern. The
CCCEA LOCAL NO. 1 - 240 - 1995-99 MOU
subcommittee may refer some problems to the
department-wide committee for resolution.
F. Probation Counselors who are designated as
Juvenile Hall transportation officers by the
Probation Department shall celebrate Admission
Day, Columbus Day and Lincoln's Birthday as
holidays in accordance with Section 12.1 of this
MOU. It is understood that, with advance notice,
transportation officers may be required to work
one or more of these holidays at the holiday rate
of pay.
G. If Christmas and New Year's Day fall on a
Saturday or a Sunday, Probation Counselors
working in Probation Department twenty-four (24)
hour institutions shall celebrate that Saturday or
Sunday as the holiday. A Probation Counselor
will be paid the holiday rate of pay if he/she is
required to work a Saturday and/or Sunday
Christmas and/or New Year's holiday.
H. Applicants who currently occupy a permanent
peace officer position in the Probation
Department will not be required to complete the
psychological screening or background
investigation to promote to other peace officer
positions in the Probation Department.
Specifically, permanent Probation Counselors
participating in the current promotional Deputy
Probation Officer II examination will not be
required to complete either psychological
screening or a background investigation.
Individuals who have only temporary Probation
CCCEA LOCAL NO. 1 - 241 - 1995-99 Mou
Counselor time with 'the County will be required
to complete the full scale psychological and
background investigation.
I. Effective the first of September 1990 temporary
employees in the job classifications of Probation
Counselor I, II or III who have completed 2080
hours of employment are eligible to receive time
and one-half (1 -1/2) for working a holiday.
J. Permanent Probation Counselors of the Juvenile
Hall, the Juvenile Community Services Program,
and the Byron Boys' Ranch will receive seven
and one-half percent (7.5%) differential premium
pay when assigned as "Lead Counselor" for the
assigned shift or for the duration of the "Lead
Counselor" assignment, when replacing the
Building Supervisor (Institutional Supervisor II) at
Juvenile Hall and when replacing Institutional
Supervisor I's at Byron Boys' Ranch.
Permanent Probation Counselors assigned Lead
Counselor duties and responsibilities will receive
this monetary compensation for hours worked.
To receive this compensation, Lead Counselors
must work the assigned shift and provide
direction for one or more co-workers.
Facility administrators have the sole
responsibility for selecting and assigning Lead
Counselors. The selection process shall include
an assessment of experience, skills, leadership
abilities, seniority, and the needs of the unit or
facility among other considerations. The
CCCEA LOCAL NO. 1 - 242 - 1995-99 MOU
assignment may apply to Probation Counselors I,
II and III depending on the above criteria when
the supervisor designates the "Lead Counselor."
The selection and, assignment of Probation
Counselors in accordance with the above criteria
is not grievable.
K. Title Change. The class titles of Group Counselor
I, II and III will 'be changed to Probation
Counselor I, II and III respectively upon
ratification of this agreement.
L. Posting of Vacant Positions. If a vacant position
in a juvenile institution is not posted within thirty
(30) days, a notice of the reasons why not shall
be posted.
When a vacancy occurs within one of the
Probation Department's Juvenile Institutions
(Juvenile Hall, Boys' Ranch, Boys' Center, Girls'
Center), that vacancy (shift schedule) will be
offered to the Probation Counselors within that
institution prior to being posted at the other
institutions. If three (3) or more people apply for
the vacant position from within the institution,
only the three (3) most senior employees will be
considered. If less than three (3) people apply for
the vacant position, the institutional manager
may post the vacancy at the other institutions in
order to have three (3) employees from whom to
choose. If, after posting the vacancy in other
institutions, there are still less than three (3)
employees the institutional manager is entitled to
CCCEA LOCAL NO. 1 - 243 - 1995-99 MOU
Lill"
add names from the,-eligible list to have three (3)
people from whom to choose.
M. Precinangy Limited Duty. Once an employee has
been granted limited duty status for maternity
reasons by the County, such employee may, with
specific medical verification, request and receive
reassignment to a work location which shall not
require the employee to have a physical
presence during the term of the pregnancy on
any living unit at juvenile hall.
N. Byron Boys' Ranch 4/10. The Probation
Department agrees to meet with a committee
from the Byron Boys' Ranch to discuss a 4/10
plan with the understanding that no additional
costs will be considered.
57.12 Head Start Unit. It is understood that for this
Unit all terms and conditions of the MOU shall apply,
except (1) those sections which pertain to the Merit
System, (2) those limited in Attachment A as modified
below, and (3) those entitled Sections in the MOU
modified below:
A. Salaries. For the duration of this MOU
employees in the Head Start Unit will receive
whatever annual cost of living adjustments as
may be authorized by the US Department of
Health and Human Services and received by the
County.
B. Separation Through Layoff. All current MOU
provisions regarding seniority and layoff shall
CCCEA LOCAL NO. 1 - 244 - 1995-99 MOU
apply to employees of the Head Start Unit with
the following modifications which are
implemented to recognize that some Head Start
positions are not funded on a year-round basis
and that annual work cycles of positions in the
same class may vary:
1 . Specific positions otherwise denoted "full-
time" may be assigned a work cycle which is
less than a full twelve (12) month year.
2. Positions in the same class may be filled on
both a year-round twelve (12) month and
less than year-round basis. Some
employees will be subject to periods of layoff
in accordance with the following provisions:
a. Employees will be notified in writing at
the time ' of initial employment or
promotion into the class as to the
duration of the work year for the position
being filled;
b. Laid off employees are provided with an
assurance of return to work at the
beginning of the next work cycle if the
position is still funded;
c. In situations where employees return to
work together at the beginning of
varying length work cycles, employees
will be provided the opportunity to select
assignment to the longer work cycles on
the basis , of seniority in class. This
CCCEA LOCAL NO. 1 - 245 - 1995-99 MOv
.y.,3
provision s'all not apply to work cycles
which begin of different times.
C. Promotion: Promotional opportunities shall be
available within the Unit to members with the
understanding that due to their Project status,
the employees may not participate in merit
system "Promotional" examinations.
Notwithstanding this limitation, the Community
Services Department may request that the
Director of Human Resources announce open
examinations on a restricted basis, such as
"Open only to Employees of the Community
Services Department" for the purpose of
targeting qualified applicants.
When an examination is restricted to the
Community Services Department, employees
who have qualified and who have earned a total
score of seventy percent (70%) or more shall
receive five one-hundredths (.05) of one percent
for each completed month of service as a
permanent employee in the Community Services
Department continuously preceding the final date
for filing for the examination. The credits shall be
included in the final percentage score from which
the rank on the list is determined. No employee
however, shall receive more than a total of five
(5) points credit for seniority in any such
examination.
Employees are in no way restricted from applying
to compete in any examination announced by the
CCCEA LOCAL NO. 1 - 246 - 1995-99 MOU
County on an "Open Only" or "Open and
Promotional" basis.
D. Disciplinary Action. Employees of the Head Start
Unit shall be subject to all provisions of MOU
Section 24 (Dismissal, Suspension, Temporary
Reduction in Pay & Demotion) except that those
references to the Merit System in 24.1 (c) and (k)
are changed to read "County Service" and
"County Ordinance or Resolution" respectively;
and the reference to the Merit Board in 24.5 and
24.6 (c) shall be deleted.
E. Grievance Procedures. Employees of the Head
Start Unit shall be subject to all provisions of
MOU Section 25 (Grievance Procedure), except
that if an appeal is made to the Merit Board on
the basis of alleged discrimination, such appeal
may not also be subject to the grievance
procedure.
F. Reassignment of Work Location. With respect to
reassignment of work location, provisions of
MOU Section 22.3 shall apply and are amplified
as follows:
1 . The Head Start Division agrees to post all
vacancies for at least five (5) days to allow
for reassignment applications.
2. In considering any request for reassignment
of Head Start staff, the Head Start Division
will fill the initial vacancy with the most
senior employee requesting the
CCCEA LOCAL NO. 1 - 247 - 1995-99 MOU
reassignment: = Any subsequent vacancies
which are created through filling the initial
vacancy will be filled based on requirements
of the Head Start Division.
57.13 Child Development Unit. It is understood that
for this Unit all terms and conditions of the MOU shall
apply, except (1 ) those sections which pertain to the Merit
System, (2) those limited in Attachment A as modified
below, and (3) those entitled Sections in the MOU
modified below:
a. Salary. Should funds become available which
the Community Services Department may
determine to be appropriate for a cost-of-living
adjustment or other salary increases for this Unit,
the Department will meet and confer with Local
One regarding their distribution.
b. Promotion. Promotional opportunities shall be
available within the Unit to members with the
understanding that due to their Project status,
the employees may not participate in merit
system "Promotional" examinations..
Notwithstanding this limitation, the Community
Services Department may request that the
Director of Human Resources announce open
examinations on a restricted basis, such as
"Open only to Employees of the Community
Services Department" for the purpose of
targeting qualified applicants.
When an examination is restricted to the
CCCEA LOCAL NO. 1 - 248 - 1995-99 MOU
Community Services Department, employees
who have qualified and who have earned a total
score of seventy percent (70%) or more shall
receive five one-hundredths (.05) of one percent
for each completed month of service as a
permanent employee in the Community Services
Department continuously preceding the final date
for filing for the examination. The credits shall be
included in the final percentage score from which
the rank on the list is determined. No employee
however, shall receive more than a total of five
(5) points credit for seniority in any such
examination.
Employees are in no way restricted from applying
to compete in any examination announced by the
County on an "Open Only" or "Open and
Promotional" basis.
C. Disciplinary Action. Employees of the Child
Development Unit shall be subject to all
provisions of MOU Section 24 (Dismissal,
Suspension, Temporary Reduction in Pay &
Demotion) except that those references to the
Merit System in 24.1 (c) and (k) are changed to
read "County Service" and "County Ordinance or
Resolution" respectively; and the reference to the
Merit Board in 24.5 and 24.6 (c) shall be deleted.
d. Reassignment of Work Location. With respect to
reassignment of work location, provisions of
MOU Section 22.3 shall apply and are amplified
as follows:
CCCEA LOCAL NO. 1 - 249 - 1995-99 MOU
1 .. The Child Development Division agrees to
post all vacancies for at least five (5) days to
allow for reassignment applications. .
2. In considering any request for reassignment
of Child Development staff, the Child
Development Division will fill the initial
vacancy with the most senior employee
requesting the reassignment. Any
subsequent vacancies which are created
through filling the initial vacancy will be filled
based on requirements of the Child
Development Division.
3. Once annually, on a date to be mutually
agreed upon, the Department and Local One
will conduct an open bid meeting wherein all
employees may bid for vacant positions on
the basis of seniority. Any vacant positions
that existed as of thirty (30) days prior to the
bid meeting will be filled by seniority.
Additional vacant positions which are
created through the bid procedure will also
be filled by seniority. If all vacancies are not
filled through the annual bidding process,
the Division will fill the positions based on
Division requirements.
e. Grievance Procedures. Employees of the Child
Development Unit shall be subject to all
provisions of MOU Section 25 (Grievance
Procedure), except that if an appeal is made to
the Merit Board on the basis of alleged
discrimination, such appeal may not also be
subject to the grievance procedure.
CCCEA LOCAL NO. 1 - 250 - 1995-99 MOU
f. Site Security. Representatives of the Community
Services Department and Local One shall
initiate, meet and confer as soon as possible, but
not later than sixty (60) days beyond the
ratification date of this MOU regarding ways and
means of improving security at all Child
Development Care Sites.
CCCEA LOCAL NO. 1 - 251 - 1995-99 MOv
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
AGRICULTURE & ANIMAL CONTROL UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
BATA AGRICULTURAL BIOLOGIST TRAINEE $ 2138-2598
BAWA AGRICULTURAL BIOLOGIST 1 2603-3164
BAVA AGRICULTURAL BIOLOGIST II 2944-3578
BATB AGRICULTURAL BIOLOGIST 111 3237-3934
BJWC ANIMAL CENTER TECHNICIAN 2170-2638
BKVA ANIMAL HEALTH TECHNICIAN 2337-2840
BJWD ANIMAL SERVICES OFFICER 2337-2840
BJTD ANIMAL SERVICES SERGEANT 2611-3173
V4TB LEAD VECTOR CONTROL TECHNICIAN 2348-2854
B9W1 PEST DETECTION SPEC.-PRJ 2337 FLAT
B9W2 PEST DETECTION SPEC. CDEP 2268 FLAT
BJTC SENIOR ANIMAL CENTER TECHNICIAN 2377-2889
BW7A WEIGHTS AND MEASURES INSP TRAINEE 2050-2492
BWWA WEIGHTS AND MEASURES INSPECTOR 1 2603-3164
BWVA WEIGHTS AND MEASURES INSPECTOR II 2944-3578
BWTB WEIGHTS AND MEASURES INSPECTOR 111 3237-3934
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
ATTENDANT- LVN - AIDE UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
V9WH AFTER SCHOOL PROG. TEACHER-PRJ $ 1733-2107
VT7F ANESTHESIA TECHNICIAN 2086-2664
1 EWA CENTRAL SUPPLY TECHNICIAN 2091-2542
VQWC CONSVRSHIP/GUARDIANSHIP PROG AIDE 2032-2469
V5WG DEVELOPMENTAL PROGRAM AIDE 1995-2425
VKWA HOME HEALTH AIDE 1 1724-2096
VKVA HOME HEALTH AIDE II 1900-2309
VTWA HOSPITAL ATTENDANT 1898-2307
VT7H INTERIM PERMIT VOCATIONAL NURSE 2208 FLAT
1 ET13 LEAD CENTRAL SUPPLY TECHNICIAN 2247-2732
VT7G LICENSED VOCATIONAL NURSE 2577-3291
V9WC MORGUE ATTENDANT 1970-2394
VT7E ORTHOPEDIC TECHNICIAN 2009-2566
VQWB PSYCHIATRIC TECHNICIAN 2539-3241
VMWC PUBLIC HEALTH DENTAL ASSISTANT 1840-2237
64WP PUBLIC SERVICE OFFICER . 2563-2826
V9WG REGISTERED DENTAL ASSISTANT 2268-2756
V5TA SENIOR DEVELOPMENTAL PROGRAM AIDE 2201-2675
VMVB SENIOR PUBLIC HEALTH DENTAL ASST 2117-2573
64TC SENIOR PUBLIC SERVICE OFFICER 2620-2889
VT713 SURGICAL TECHNOLOGIST 2440-3116
V5WA THERAPIST AIDE 1995-2425
V5WH THERAPY ASSISTANT-PER DIEM 4111 FLAT
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
BUILDING TRADES UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
GFWB CARPENTER $ 3662-4038
GFWA ELECTRICIAN 3763-4148
GFTC LEAD CARPENTER 4117-4539
GFTA LEAD ELECTRICIAN 4306-4748
GFTB LEAD PAINTER 4117-4539
GFTE LEAD STEAMFITTER 4802-5294
GFWE PAINTER 3662-4038
GFWG ROOFER 3622-3994
GFVA STEAMFITTER 4196-4626
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
CHILD DEVELOPMENT UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
9953 C D EDUCATION SPECIALIST-PRJ $ 1944-2363
99S1 C D FISCAL CLERK-PRJ 1608-1954
991-11 C D HEAD TEACHER-PRJ 1484-1804
991-12 C D HEAD TEACH ER-PRJ-SUBSTITUTE 1484-1804
99W8 C D SUPPORT SERVICES ASST-PRJ 1397-1697
99W7 C D TEACHER ASSISTANT-PRJ 942-1145
99V6 C D TEACHER ASST-PRJ-SUBSTITUTE 942-1145
99V3 C D TEACHER-PRJ 1214-1476
99V4 C D TEACH ER-PRJ-SUBSTITUTE 1214-1476
98V1 CHILD NUTRITION FOOD SVCS ASST-PRJ 1206-1466
98W1 CHILD NUTRITION WORKER I-PRJ 942-1145
98G1 CHILD NUTRITION WORKER II-PRJ 1397-1697
98G2 CHILD NUTRITION WORKER III-PRJ 1467-1783
9JV2 C S ACCOUNTING ASSISTANT-PRJ 2221-2699
9KW8 C S BUILDING SERVICES WORKER-PRJ 1445-1756
9JW1 C S DOMESTIC SERVICES WORKER-PRJ 1579-1920
9JV3 C S INTERMEDIATE CLERK-PRJ 2050-2492
9JW3 C S JUNIOR CLERK-PRJ 1579-1920
9JT1 C S SECRETARY-PRJ 2076-2861
9JT3 C S SENIOR CLERK-PRJ 2272-2762
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
DEPUTY PUBLIC DEFENDER'S UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
25WA DEPUTY PUBLIC DEFENDER 1 $ 3720 FLAT
25VA DEPUTY PUBLIC DEFENDER II 4569-5554
25TB DEPUTY PUBLIC DEFENDER III 5609-6817
25TA DEPUTY PUBLIC DEFENDER IV 6444-7833
25W2 DEPUTY PUBLIC DEFENDER
SPECIAL ASSIGNMENT-EXEMPT 3720 FLAT
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
ENGINEERING UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
DYVA ASSISTANT REAL PROPERTY AGENT $ 3122-3795
DYTA ASSOCIATE REAL PROPERTY AGENT 3712-4737
DRWB AUDITOR-APPRAISER 1 2881-3177
DRVA AUDITOR-APPRAISER II 3151-3830
NPWB COMPUTER AIDED DRAFTING OPERATOR 2935-3567
NP7A COMPUTER AIDED DRATING OPER-TRAINEE 2579-2843
GFWD DRAFTING ESTIMATOR 3200-3528
51VC ENVIRONMENTAL ASSISTANT 2906-3532
5HWB GRAPHIC ARTIST 2516-3058
5HWA GRAPHICS TECHNICIAN 1 2005-2437
5HVA GRAPHICS TECHNICIAN II 2536-3083
NPWA JUNIOR DRAFTER 2005-2437
DYWA JUNIOR REAL PROPERTY AGENT 2295-2790
NPTA LEAD COMPUTER AIDED DRAFTING OPER 3237-3934
51WB PLANNING TECHNICIAN 1 2232-2713
51VB PLANNING TECHNICIAN II 2567-3120
DY713 REAL PROPERTY TECHNICAL ASST 2453-3133
DRTA SENIOR AUDITOR-APPRAISER 3809-4630
NPVA SENIOR DRAFTER 2669-3244
DYTB SENIOR REAL PROPERTY AGENT 4158-5310
DY7C SENIOR REAL PROPERTY TECH ASST 2906-3532
NPHR SUPERVISING DRAFTER 2967-3607
N4WA TRAFFIC SAFETY INVESTIGATOR 2536-3083
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
GENERAL SERVICES AND MAINTENANCE UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
FRSA ABATEMENT SPECIALIST $ 2606-3167
9BVB AIRPORT OPERATIONS SPECIALIST 2682-3260
9BWB AIRPORT SERVICES TECHNICIAN 1 2093-2545
PM7A APPRENTICE MECHANIC 2990-3296
9KW6 ASSESSMENT SPECIALIST-PRJ 1950-2370
PSSE ASST PUBLIC WORKS MAINT COOR 2923-3553
FAWB BUILDING INSPECTOR 1 3223-3553
FAVD BUILDING INSPECTOR II 3858-4253
FRWA BUILDING PLAN CHECKER 1 2320-2820
FRVA BUILDING PLAN CHECKER II 273473323
FR7A BUILDING PLAN CHECKER TRAINEE 1909-2321
FR74 BUILDING PLAN CHECKER TRAINEE CDEP 1650-2006
1EW1 CENTRAL SUPPLY TECHNICIAN CDEP 1991-2195
PEWD COMMUNICATIONS EQUIPMENT INSTALLER 2146-2609
PEWF COMMUNICATIONS EQUIPMENT TECHNICIAN 3205-3895
LJ7X COMPUTER EQUIPMENT TECHNICIAN 2698-3280
LJWB COMPUTER OPERATOR 2151-2614
LJ7B COMPUTER OPERATOR TRAINEE 2152-2373
1 KWA COOK 2209-2686
1 K7A COOK'S ASSISTANT 1804-2192
GK713 CUSTODIAL SERVICES AIDE 1663-1833
GK7A CUSTODIAN 1 1858-2048
GK71 CUSTODIAN I-PRJ 1803-1988
GKWB CUSTODIAN II 2051-2261
GK76 CUSTODIAN CDEP 1641-1810
LJVC CUSTOMER SERVICES SPECIALIST 2494-3031
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
GENERAL SERVICES AND MAINTENANCE UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
PEWH DATA SYSTEMS INSTALLATION TECH $ 2794-3397
LJWC DEPARTMENTAL COMPUTER OPERATOR 2151-2614
LAS13 DEPARTMENTAL COMPUTER SYS TECH 2897-3521
64WG DETENTION SERVICES AIDE 1706-2073
64W3 DETENTION SERVICES AIDE CDEP 1783-1966
64VD DETENTION SERVICES WORKER 1911-2323
9QWA DRIVER CLERK 2138-2598
9QW1 DRIVER CLERK-PRJ 2138-2598
9QW3 DRIVER CLERK CDEP 2037-2246
9XVB DUPLICATING MACHINE OPERATOR 2054-2497
J9SA ELECTIONS TECHNICIAN 2087-2537
FATA ELECTRICAL INSPECTOR 3678-4471
PEWE ELECTRONIC EQUIPMENT TECHNICIAN 2794-3397
PMWB EQUIPMENT MECHANIC 3505-3864
PSVA EQUIPMENT OPERATOR 1 2902-3199
PSTA EQUIPMENT OPERATOR II 3223-3553
PMVB EQUIPMENT SERVICE WRITER 2665-2938
PMVA EQUIPMENT SERVICES WORKER 2676-2950
GMWA ' FIRE MAINTENANCE WORKER 2372-2883
GMW1 FIRE MAINTENANCE WORKER CDEP 2258-2489
RJWE FIRE PREVENTION SPECIALIST 1780-2164
PMTB FLEET EQUIPMENT SPECIALIST 3056-3370
6D7A FORENSIC TECHNOLOGIST 2403-2921
PMW2 GARAGE ATTENDANT CDEP 1926-2123
GPWA GARDENER 2265-2497
GPW2 GARDENER-PRJ 2265-2497
NXWB GRADING INSPECTOR 1 3223-3553
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
GENERAL SERVICES AND MAINTENANCE UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
NXTB GRADING INSPECTOR it $ 3858-4253
GPVD GROUNDS MAINT SPEC-IRRIGATION 2878-3173
GPVE GROUNDS MAINT SPEC-PEST CONTROL 2925-3225
GPWD GROUNDS RESOURCE CTR ATTEN 2584-2849
GPW1 GROUNDS RESOURCE CTR ATTEN-PRJ 2584-2849
GP7A GROUNDSKEEPER 1977-2179
1 KHB HEAD DETENTION COOK 3099-2417
1 KWC INSTITUTIONAL SERVICES AIDE 1757-2136
1 KW2 INSTITUTIONAL SERVICES AIDE-CDEP 1673-1844
1 KVB INSTITUTIONAL SVCS WKR (DEEP CLASS) 1928-2687
PSWB LABORER 2388-2632
PSW2 LABORER-CDEP 2191-2416
913TA LEAD AIRPORT OPERATIONS SPECIALIST 2949-3585
9KT6 LEAD ASSESSMENT SPECIALIST-PRJ 2221-2699
9XTC LEAD CENTRAL SERVICES TECHNICIAN 2685-3264
1 KTA LEAD COOK 2612-2880
GKTB LEAD CUSTODIAN 2324-2562
64TB LEAD DETENTION SERVICES WORKER 2190-2662
PETD LEAD ELECTRONICS EQUIPMENT TECH 3205-3895
GPTA LEAD GARDENER 2785-3071
GPT4 LEAD GARDENER-PRJ 2785-3071
91 VD LEAD MATERIALS TECHNICIAN 2973-3614
GWTA LEAD OPERATING ENGINEER 3491-3849
GPTD LEAD RESOURCE CENTER ATTENDANT 2838-3129
PETC LEAD TELECOMMUNICATIONS TECHNICIAN 3205-3895
9KT4 LEAD WEATHER/HOME REPAIR SPEC-PRJ 1950-2370
GKTA LEAD WINDOW WASHER 2301-2537
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
GENERAL SERVICES AND MAINTENANCE UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
9XWD MAILING MACHINE OPERATOR $ 1946-2365
91 VC MATERIALS TECHNICIAN 2712-3296
FATB MACHANICAL INSPECTOR 3678-4471
9XWA MICROFILM TECHNICIAN 1 1757-2136
9XW4 MICROFILM TECHNICIAN I-PRJ 1745-2121
9XVA MICROFILM TECHNICIAN 11 1987-2416
9XV1 MICROFILM TECHNICIAN II-PRJ 1987-2416
9XTA - MICROFILM TECHNICIAN III 2159-2625
9XT1 MICROFILM TECHNICIAN III-PRJ 2159-2625
9XWC OFFICE SERVICES WORKER 1 1531-1861
9XVC OFFICE SERVICES WORKER II 1840-2237
GWWA OPERATING ENGINEER 1 2593-3151
GWVB OPERATING ENGINEER II 3219-3549
9XWE REPROGRAPHICS TECHNICIAN 1 1549-1883
9XVD REPROGRAPHICS TECHNICIAN II 2138-2598
9XTB REPROGRAPHICS TECHNICIAN III 2381-2895
PSWA ROAD MAINTENANCE CARPENTER 3284-3621
PSWD ROAD MAINTENANCE CARPENTER APPR 2902-3199
FATE SR BUILDING INSPECTOR 4056-4471
FRTA SR BUILDING PLAN CHECKER 3185-3872
PETB SR COMMUNICATIONS EQUIP TECH 3556-4322
LJVB SR COMPUTER OPERATOR 2288-2781
LJWD SR DEPARTMENTAL COMPUTER OPER 2288-2781
NXTA SR GRADING INSPECTOR 3675-4467
PSTD SR VEGETATION MGMT TECH 3418-3769
64WQ SHERIFF'S PROPERTY TECHNICIAN 1 1966-2389
64VQ SHERIFF'S PROPERTY TECHNICIAN 11 2389-2903
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
GENERAL SERVICES AND MAINTENANCE UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
999A SPECIAL QUALIFICATIONS WORKER $ 1474-1792
999F SPECIAL SERVICES WORKER 1 1474-1792
999G SPECIAL SERVICES WORKER 11 1695-2061
PSTC SPECIALTY CREW LEADER 3223-3553
91 VA STOREKEEPER 2474-3007
91 WC STOREROOM CLERK 1917-2330
91 W1 STOREROOM CLERK-PRJ 1917-2330
PEWJ TELECOMMUNICATIONS INSTALLATION TECH 2642-3212
PEWG TELECOMMUNICATIONS TECHNICIAN 2794-3397
GPWC VEGETATION MANAGEMENT TECHNICIAN 2898-3186
65SA VICTIM WITNESS ASST PRG SPEC 2519-3061
P6WA WATER QUALITY CONTROL OPERATOR 1 2816-3104
P6VB WATER QUALITY CONTROL OPERATOR II 3103-3421
P6WC WATER QUALITY OPERATOR-IN TRAINING 2316-2815
9KW0 WEATHERIZATION/HOME ASSMT&REPAIR SPE 1892-2300
9KW7 WEATHERIZATION HOME REPAIR SPEC-PRJ 1869-2061
GKWA WINDOW WASHER 2105-2321
GPT2 WORK PROGRAM CREW LEADER I-PRJ 2584-2849
GPTC WORK PROGRAM CREW LEADER II 2887-3183
GPT3 WORK PROGRAM CREW LEADER II-PRJ 2887-3183
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE (OCTOBER 1, 1995
HEAD START UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
98V1 CHILD NUTRITION FOOD SVCS ASST PRJ $ 1206-1466
9JV2 C S ACCOUNTING ASST-PRJ 2221-2699
9KW8 C S BUILDING SERVICS WORKER-PRJ 1445-1756
9JW1 C S DOMESTIC SERVICES WORKER-PRJ 1579-1920
9JV3 C S INTERMEDIATE CLERK-PRJ 2050-2492
9JW3 C S JUNIOR CLERK-PRJ 1579-1920
9JT1 C S SECRETARY-PRJ 2076-2861
9JT3 C S SENIOR CLERK-PRJ 2272-2762
9KV2 H S ACCOUNTING ASSISTANT-PRJ 2157-2622
9KV3 H S BUILDING SERVICES WORKER-PRJ 1442-1753
99S0 H S BUS DRIVER-PRJ 1522-1850
9HS4 H S DISABILITY COORDINATOR-PRJ 2831-3441
9968 H S EDUCATION SPECIALIST-PRJ 2834-3445
91-175 H S FAMILY SERVICES ASSISTANT-PRJ 1472-1790
9HS7 H S FAMILY SERVICES SPECIALIST-PRJ 2794-3397
9HN3 H S HEAD TEACHER-PRJ 1 2153-2617
91-178 H S HEALTH SERVICES ASSISTANT-PRJ 1652-2008
9HS8 H S HOME BASE SPECIALIST-PRJ 2794-3397
9HV2 H S HOME BASE WORKERPRJ 1917-2330
9KV4 H S INTERMEDIATE CLERK-PRJ 1991-2420
9KSH H S MENTAL HEALTH SPEC-PRJ 3176-3860
9852 H S NURSE-PRJ 2600-3161
9KS3 H S NUTRITION IST-PRJ 2758-3353
9KS6 H S PARENT AND SOC SVCS SPEC-PRJ 2161-2627
99S6 H S PARENT INVOLVEMENT SPEC-PRJ 2254-2740
99S7 H S PROGRAM ASSISTANT-PRJ 1553-1887
9KV5 H S SECRETARY-PRJ 2139-2949
9KT5 H S SENIOR CLERK-PRJ 2341-2846
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
HEAD START UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
9KS9 H S SPEECH PATHOLOGIST-PRJ $ 3224-3919
99136 H S SUPPORT SERVICES ASSISTANT-PRJ 1627-1978
9HS9 H S TEACHER-SUBSTITUTE 1169-2166
9HR1 H S TEACHER I-PRJ 1147-1394
9HV1 H S TEACHER II-PRJ 1730-2102
91-S1 STATE PRESCHOOL EDUCATION SPEC-PRJ 1944-2363
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
HEALTH SERVICES UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
V9WF ACCOUNT REP/CCC HEALTH PLAN $ 2882-3504
V8VG CARDIAC ULTRASONAGRAPHER 2932-3564
V8WD CARDIOLOGY TECHNICIAN 1 2238-2721
V8VC CARDIOLOGY TECHNICIAN II 2351-2857
V9TC CCHP PLAN MEMBER SERVICE COOR 2882-3504
V9VC CCHP PLAN MEMBER SERVICE CSLOR 2496-3034
VBSK CHILD HLTH & DISABILITY PREV DENTAL HYG. 3122-3795
VF713 CLINICAL LABORATORY TECHNOLGOIST 1 3151 FLAT
VFWF CLINICAL LABORATORY TECHNOLOGIST 11 3372-4099
VYSD CLINICAL PHARMASIST 4466-5699
VQTB CLINICAL PSYCHOLOGIST 3353-4737
V1 W1 CLINICAL PSYCHOLOGIST-PRJ 3613-4391
VFVB CYTOTECHNOLOGIST 3682-4476
1 K7B DIETETIC TECHNICIAN 2270-2759
1 KSA DIETITIAN 3024-3676
V7WB DISEASE INTERVENTION TECHNICIAN 2117-2573
V4WD ENVIRONMENTAL HEALTH SPECIALIST 1 3305-4018
V4VB ENVIRONMENTAL HEALTH SPECIALIST 11 3556-4322
V47B ENVIRONMENTAL HEALTH SPEC TRAINEE 2828-3438
V4WE ENVIRONMENTAL HEALTH TECHNCIAN 2190-2662
6CWA FORENSIC TOXICOLOGIST 1 3477-3833
6CVA FORENSIC TOXICOLOGIST II 3787-4603
6CTA FORENSIC TOXICOLOGIST III 4382-5326
V4SC HAZARDOUS MATERIALS SPECIALIST 1 3426-4165
V4VC HAZARDOUS MATERIALS SPECIALIST II 4013-4877
V4WF HAZARDOUS MATERIALS TECHNICIAN 2858-3151
VMWD HEALTH EDUCATION SPECIALIST 2559-3111
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
HEALTH SERVICES UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
VMW4 HEALTH EDUCATION SPECIALIST-PRJ $ 2559-3111
VCVC HEALTH PLAN MEDI-CAL OUTREACH REP 2762-3449
VCVB HEALTH PLAN SALES REPRESENTATIVE 2452-2980
VFWE HISTOTECHNICIAN 2413-2933
V9WE HOME ECONOMIST 2658-3231
V8WC JUNIOR RADIOLOGIC TECHNOLOGIST 2627-3193
V09C LABORATORY TECHNICIAN 2091-2542
V092 LABORATORY TECHNICIAN-PRJ 2030-2467
V2WC MENTAL HEALTH ACTIVITIES SPECIALIST 2911-3539
VQSB MENTAL HEALTH CLINICAL SPECIALIST 3040-4514
VQWD MENTAL HEALTH SPECIALIST 1 2442-3272
VQVA MENTAL HEALTH SPECIALIST II 2753-3891
VQW3 MENTAL HEALTH COM SUP WKR-PRJ 1841 FLAT
VQW2 MENTAL HEALTH RES SUP WKR-PRJ 2020 FLAT
V5VG OCCUPATIONAL THERAPIST 1 3446-3990
V5VH OCCUPATIONAL THERAPIST II 3573-4343
V5VK OCCUPATIONAL THERAPIST PER-DIEM 5466 FLAT
VYWA PHARMACIST 1 4151-5298
VYTA PHARMACIST II 4466-5699
VY913 PHARMACY TECHNICIAN 2223-2702
V5VE PHYSICAL THERAPIST 1 3446-3990
V5VF PHYSICAL THERAPIST II 3573-4343
V5VJ PHYSICAL THERAPIST PER-DIEM 5466 FLAT
V2W1 PSYCHOLOGIST-PRJ 3122-3795
VKWB PUBLIC HEALTH AIDE 1768-2149
VKW3 PUBLIC HEALTH AIDE-PRJ 1768-2149
VMSC PUBLIC HEALTH DENTAL HYGIENIST 2865-3483
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
HEALTH SERVICES UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
VOWA PUBLIC HEALTH MICROBIOLOGIST $ 3506-4058
VVXA PUBLIC HEALTH NURSE 4405-5639
VVX1 PUBLIC HEALTH NURSE-PRJ 4405-5639
V9WB PUBLIC HEALTH NUTRITIONIST 3189-3876
V5VC RECREATION THERAPIST 2808-3414
V5WE RESPIRATORY CARE PRACTITIONER 1 2526-3071
V5VD RESPIRATORY CARE PRACTITIONER 11 3070-3731
V4SE RISK REDUCTION SPECIALIST 3426-4165
VFWD SR BIOMEDICAL EQUIPMENT TECHNICIAN 3729-4111
VFTA SR CLINICAL LABORATORY TECHNOLOGIST 3671-4462
VFVC SR CYTOTECHNOLOGIST 3764-4575
V7VB SR DISEASE INTERVENTION TECHNICIAN 2997-3643
VMWE SR HEALTH EDUCATION SPECIALIST 3189-3876
VMW5 SR HEALTH EDUCATION SPECIALIST-PRJ 3189-3876
VQTA SR MENTAL HEALTH COUNSELOR 4516 FLAT
VQXC SR MENTAL HEALTH WORKER 3273 FLAT
VOTC SR PUBLIC HEALTH MICROBIOLOGIST 3682-4476
V9TE SR PUBLIC HEALTH NUTRITIONIST 3510-4266
V8VA SR RADIOLOGIC TECHNOLOGIST 3110-3780
VSVD SPEECH PATHOLOGIST 3266-3970
VHVC SUBSTANCE ABUSE COUNSELOR 2346-2852
VHV3 SUBSTANCE ABUSE COUNSELOR-PRJ 2346-2852
VHWE SUBSTANCE ABUSE COUNSELOR TRAINEE 1892-2300
VHTC SUBSTANCE ABUSE LEAD COUNSELOR 2447-2974
V5WF THERAPY ASSISTANT 2444-2971
V8VD ULTRASOUND TECHNOLOGIST 1 2932-3564
V8TB ULTRASOUND TECHNOLOGIST II 3211-3903
V4WC VECTOR CONTROL TECHNICIAN 2038-2477
.CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
INVESTIGATIVE UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
SMWJ COLLECTION ENFORCEMENT OFFICER 1 $ 2146-2609
SMVD COLLECTION ENFORCEMENT OFFICER II 2632-3199
FAMILY SUPPORT COLLECTIONS OFFICER
SMWF SCHEDULE A 2225-2704
SMVB SCHEDULE B 2539-3086
SMTA SCHEDULE C 3375-4103
SSWB FIELD TAX COLLECTOR 2360-2869
SMV1 MUNICIPAL COURT COLLECTIONS AGENT 2632-3199
2Y7A PARALEGAL 2464-2995
6N75 PUBLIC DEFENDER INVESTIGATOR AIDE 1733-2107
6N7A PUBLIC DEFENDER INVESTIGATOR ASST 1975-2401
6NWA PUBLIC DEFENDER INVESTIGATOR 1 3217-3911
6NVA PUBLIC DEFENDER INVESTIGATOR II 3682-4476
SMTB SR COLLECTION ENFORCEMENT OFFICER 2911-3539
6NVB SR PUBLIC DEFENDER INVESTIGATOR AIDE 2332-2835
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
LEGAL AND COURT CLERK UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
JPVA LEGAL CLERK $ 2709-3293
JPWA SUPERIOR COURT CLERK 3076-3739
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
LIBRARY UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
3KWC BOOKMENDER $ 1857-2257
3AHA BRANCH LIBRARIAN 3239-4136
3AWA LIBRARIAN 2770-3537
3KTB LIBRARY ASSISTANT ADVANCE LEVEL 2466-3149
3KVB LIBRARY ASSISTANT JOURNEY 2012-2569
3KVA LIBRARY ASSISTANT 1 2012-2569
3KT3 LIBRARY ASSISTANT I-PRJ 2012-2569
3KTA LIBRARY ASSISTANT 11 2339-2987
3KSA LIBRARY AUTOMATION TRAINING SPEC 2260-2886
3KT1 LIBRARY COMMUNITY RESOURCE SPEC-PRJ 2238-2858
3AVA LIBRARY LITERARY SPECIALIST-PRJ 2238-2858
3AVA LIBRARY SPECIALIST 3187-4070
3AHC SENIOR BRANCH LIBRARIAN 3572-4562
CONTRA COSTA COUNTY
EMPLOYEES ASSOCIATION, LOCAL NO. ONE
SALARIES EFFECTIVE OCTOBER 1, 1995
PROBATION UNIT
CLASS SALARY
CODE CLASSIFICATION RANGE
7AWA DEPUTY PROBATION OFFICER 1 $ 2316-2815
7AVA DEPUTY PROBATION OFFICER II 2868-3486
TATA DEPUTY PROBATION OFFICER III 3279-3986
7KWB PROBATION COUNSELOR 1 2125-2583
7KVB PROBATION COUNSELOR II 2479-3013
7KV3 PROBATION COUNSELOR II-PRJ 2479-3013
7KTB PROBATION COUNSELLOR 111 2888-3511
26SC PUBLIC DEFENDER CLIENT SVCS SPEC 3492-4245
26SB PUBLIC DEFENDER LIAISON AIDE 1909-2321