HomeMy WebLinkAboutMINUTES - 12161997 - C46 -r
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 1996=1999 Memorandum of)
Understanding with California Nurses )
Association 1 Resolution No. 97/.678 \�
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
California Nurses Association.
2. The Memorandum of Understanding with California Nurses 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 January 1, 1996.
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 andCountyAdministrator
By Deputy
Orig Dept: Human Resources Department (Kathy Ito at 5-1785)
cc: Labor Relations Unit
Human Resources Department Staff,
Auditor-Controller's Office
California Nurses Association
C"r�
CALIFORNIA NURSES ASSOCIATION
TABLE OF CONTENTS
DEFINITIONS......................................................................2
SECTION 1 ASSOCIATION RECOGNITION...................6
SECTION 2 'ASSOCIATION SECURITY
2.1 Dues Deduction...............:..................................6
2.2 Agency Shop......................................................6
2.3 Communicating With Employees ..................... 11
2.4 Use of County Buildings ................................... 12
2.5 Advance Notice .......................................... .... 13
2.6 Written Statement for New Employees ............ 14
2.7 Assignment of Classes to Bargaining Units .....14
SECTION3 NO DISCRIMINATION ................................ 15
SECTION4 NURSE REPRESENTATIVES
4.1 Attendance at Meetings ...................................16
4.2 Association Representatives ............................ 17
4.3 Release Time for Training ................................ 18
SECTION 5 SALARIES
5.1 General Wage Increases ................................. 18
5.2 Longevity Pay...................................................20
5.3 Pay Equity Study..............................................20
5.4 Shift Relief................................:.......................23
5.5 Deep Class Exception ......................................24
5.6 Entrance Salary................................................24
5.7 Anniversary Dates ............................................24
5.8 Increments Within Range.................................26
5.9 Part-Time Compensation .................................27
- 1 -
5.10 Compensation for Portion of Month ..................28
5.11 Position Reclassification...................................28
5.12 Salary Reallocation & Salary on Reallocation ..29
5.13 Salary on Promotion.........................................31
5.14 Salary on Involuntary Demotion .......................32
5.15 Salary on Voluntary Demotion .........................32
5.16 Transfer............................................................33
5.17 Pay for Work in Higher Classification ...............33
5.18Payment ...........................................................36
5.19 Nursing Certification Test Fee Reimbursement37
SECTION 6 DAYS & HOURS OF WORK
6.1 Work Week.......................................................37
6.2 Four Week Schedules/Weekend Schedules....38
6.3 Time Changes: PST/DST.................................38
6.4 Low Census .....................................................38
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime...........................................................39
.7.2 Compensatory Time.........................................40
7.3 Continuous Shifts ...... .....................................43
SECTION 8 CALL BACK TIME
8.1 Call Back Pay...................................................44
8.2 Operating Room Call Back...............................44
SECTION 9 ON-CALL DUTY .........................................45
SECTION 10 SHIFT DIFFERENTIALS
10.1 Shift Differentials ..............................................45
10.2 Weekend Differential ........................................47
10.3 Differentials ......................................................48
SECTION 11 SENIORITY, WORKFORCE REDUCTION_
LAYOFF AND REASSIGNMENT
11 .1 Workforce Reduction........................................49
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11 .2 Separation through Layoff:.................................51
11 .3 Notice ...............................................................58
11 .4 Special Employment Lists ................................58
11 .5 Reassignment of Laid Off Employees ..............58
11 .6 Further Study ...................................................59
SECTION 12 HOLIDAYS
12.1 Holidays Observed ...........................................59
12.2 Application of Holiday Credit ............................61
12.3 Holiday Credit for Part-Time Employees .........62
12.4 4/10 Shift Holidays ...........................................62
12.5 Accrual of Holiday Time ...................................63
12.8 Permanent-Intermittent Holiday Pay ................65
SECTION 13 VACATION
13.1 Vacation Allowance ..........................................65
13.2 Vacation Accrual Rates ....................................66
13.3 Vacation Accrual During Leave W/O Pay ........66
13.4 Professional Sabbatical Leave.........................66
13.5 Vacation Allowance for Separated Employees 66
13.6 Permanent Part-time and Intermittent
Employees .......................................................67
13.8 Vacation Leave on Reemployment from a
LayoffList .........................................................68
13.9 Policy for FNP's................................................69
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave .....................................69
14.2 Credits to & Charges Against Sick Leave ........69
14.3 Policies Governing the Use of Paid Sick
Leave ..............................................................70
14.4 Administration of Sick Leave ............................76
14.5 Disability ...........................................................79
14.6 Workers' Compensation ...................................81
14.7 Labor-Management Committee .......................85
14.8 Accrual During Leave Without Pay ..................85
14.9 Integration of SDI Benefits ...............................86
14.10 Confidentiality of Information/Records .............91
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design ...............................................91
15.2 Operation .........................................................92
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay ...........................................94
16.2 General Administration-Leave of Absence.......95
16.3 Furlough Days without Pay ..............................97
16.4 Military Leave ...................................................98
16.5 Family Care leave or Medical Leave ...............:99
16.6 Medical Certification .........................................99
16.7 Intermittent Use of Leave ............................... 100
16.8 Aggregate Use for Spouse....... .................... 100
16.9 Definitions....................................................... 100
16.10 Pregnancy Disability Leave ............................ 104
16.11 Group Health Plan Coverage ......................... 104
16.12 Leave Without Pay-Use of Accruals............... 104
16.13 Leave of Absence Replacement and
Reinstatement ................................................ 106
16.14 Reinstatement From Family Care Medical
Leave ............................................................. 106
16.15 Salary Review While on Leave of Absence ... 107
16.16 Unauthorized Absence ................................... 108
16.17 Non-Exclusivity............................................... 108
SECTION 17 ,BURY DUTY AND WITNESS DUTY
17.1 Jury Duty ........................................................ 108
17.2 Witness Duty .................................................. 110
SECTION 18 HEALTH AND WELFARE, LIFE AND
DENTAL CARE
18.1 County Programs ............................................ 111
18.2 Rate Information........... ............................... 112
18.3 Medicare Rates ........ ............................. 112
18.4 Partial Month ....�....... . ......... ........................ 113
18.5 Coverage During Absences ........................... 113
18.6 Retirement Coverage ..................................... 114
18.7 Dual Coverage ............................................... 114
18.8 Health Care Spending Account............... .... 115
18.9 PERS Long Term Care .................................. 115
18.10 Deferred Retirement....................................... 116
18.11 Child Care ....................................................... 118
SECTION 19 PROBATIONARY PERIOD
19.1 Duration................................................. ...... 118
19.5 Rejection During Probation ............................ 120
19.6 Regular Appointment ..................................... 121
19.7 Layoff During Probation ................................. 123
19.8 Rejection During Probation of Layoff
Employee ..................... ................................. 123
SECTION 20 PROMOTION
20.2 Promotion Policy ............................................ 124
20.3 Promotion Via Reclassification
Without Examination ......................................124
20.4 Requirements for Promotional Standing ........ 125
20.5 Seniority Credits ............................................. 125
SECTION 21 TRANSFER
21 .3 Bid Procedure ................................................ 128
SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing ....................... 131
22.2 Cons''l uctive Resignation ............................... 131
22.3 Effective Resignation ..................................... 132
22.4 Revocation ..................................................... 132
22.5 Coerced Resignations .................................... 132
22.6 Eligibility for Reemployment ........................... 133
SECTION 23 DISMISSAL, SUSPENSION REDUCTION
IN PAY AND DEMOTION
23.2 Skelly Requirements ...................................... 136
23.3 Leave Pending Employee Response ............. 137
23.4 Length of Suspensions................................... 138
23.5 Procedure on Disciplinary Actions.................. 136
23.6 Employee Representation Rights................... 139
SECTION 24 GRIEVANCE PROCEDURE
24.1 Grievance Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..139
24.2 Scope of Adjustment Boards & Arbitration
Decisions........................................................ 142
24.5 Compensation Complaints ............................. 144
24.7 Merit Board..................................................... 145
SECTION 25 BILINGUAL PAY ...................................... 146
SECTION 26 RETIREMENT
26.1 Contribution .................................................... 146
26.2 Tier III ............................................................. 147
SECTION 27 TRAINING REIMBURSEMENT ................ 152
SECTION 28 EDUCATION LEAVE ................................ 153
SECTION 29 CLASSIFICATION ................................... 155
SECTION 30 SAFETY .................................................... 155
SECTION 31 MILEAGE .................................................. 156
SECTION 32 PAY WARRANT ERRORS ....................... 156
SECTION 33 DETENTION FACILITY DIFFERENTIAL . 157
SECTION 34 CRITICAL CARE UNIT ............................. 157
SECTION 35JOINT ASSOCIATION/MANAGEMENT
MEETING .................................................. 158
SECTION 36PROFESSIONAL PERFORMANCE
COMMITTEES .......................................... 159
SECTION 37 NOTICE OF HIRES & SEPARATIONS .... 162
SECTION 38 PROVISIONAL APPOINTMENT .............. 162
SECTION 39 PERSONNEL FILES ................................. 163
SECTION 40 REIMBURSEMENT FOR MEAL
EXPENSES ............................................... 164
SECTION 41 COMPENSATION FOR LOSS/DAMAGE
TO PERSONAL PROPERTY ................... 165
SECTION 42 SERVICE AWARDS ........... ................... 167
SECTION 43 UNFAIR LABOR PRACTICE.................... 167
SECTION 44 LENGTH OF SERVICE DEFINITION ....... 167
SECTION 45 PERMANENT PART-TIME EMPLOYEE
BENEFITS................................................. 168
SECTION 46 PERMANENT-INTERMITTENT
EMPLOYEE BENEFITS............................ 169
SECTION 47 PERMANENT-INTERMITTENT
EMPLOYEE HEALTH PLAN .................... 169
SECTION 48 PROVISIONAL EMPLOYEE BENEFITS.. 170
SECTION 49 LUNCH PERIOD/REST BREAK.............. 170
SECTION 50 FAMILY NURSE PRACTITIONERS
50.1 Administrative Time........................................ 171
50.2 Meetings......................................................... 173
SECTION 51 HEALTH EXAMINATION.......................... 173
SECTION 52 FLOATING COMMITTEE ......................... 174
SECTION 53 LEAVE DENIALS...................................... 174
SECTION 54 STAT-CALL .............................................. 175
SECTION 55 SPECIAL STUDIES .................................. 175
SECTION 56 ADOPTION ............................................... 178
SECTION 57 SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
57.1 Scope of Agreement :.... ....' 179
57.2 Separability of Provisions ............................... 179
57.3 Personnel Management Regulations ............. 180
57.4 Duration of Agreement ................................... 180
ATTACHMENT A: FNP Recognition of Excellence
ATTACHMENT B: Increase in Hours - Permanent-
Intermittent/Permanent Part-Time
ATTACHMENT C: Merrithew Care Delivery Model
ATTACHMENT D: Tentative Agreement-Wages &
Health Plan Adjustments
ATTACHMENT E: Permanent Intermittent and Part
Time RN's and FNP's
ATTACHMENT F: Agreements reached during 1995/96
Negotiations
MEMORANDUM'OF UNbtRSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CALIFORNIA NURSES ASSOCIATION
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in 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, Section 34-8.012.
The parties have met and conferred in good faith
regarding wages, hours and other terms and conditions of
employment for the employees of said representation unit,
and 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 of such employees.
This MOU shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendation of the
Calif Nurses Association -1- 1996-1999 MOU
undersigned for salary and employee benefit adjustments
for the period beginning January 1 , 1996 and ending
September 30, 1999.
DEFINITIONS:
Apa intina Authority: Department Head unless
otherwise provided by statute or ordinance.
Association: California Nurses Association.
Clasp: 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.
Dem i n: 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
Calif Nurses Association -2- 1996-1999 MOU
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.
Eli 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
Calif Nurses Association -3- 1996-1999 MOU
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.
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
Calif Nurses Association -4- 1996-1999 MOU
v:•skd
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.
Resin ion: 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
Calif Nurses Association -5- 1996-1999 MOU
salary plan that is within five percent (5%) at top step as
the class previously occupied by the employee.
SECTION 1 - ASSOCIATION RECOGNITION
California Nurses Association is the formally recognized
employee organization for the Registered Nurses Unit and
such organization has been certified as such pursuant to
Chapter 34-12 of Resolution No. 81/1165.
SECTION 2- ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of
Resolution No. 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 ShW.
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.
Calif Nurses Association -6- 1996-1999 MOU
B. All employees employed in the 'representation unit on
or after the effective date of this MOU shall, effective
as provided in Subsection I and continuing until the
termination of the MOU, 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 MOU. It 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
Calif Nurses Association -7- 1996-1999 MOU
b. pay a sum equal to the agency shop fee
described in Section 2.2.B.2 to a
non-religious, non-labor, charitable fund
chosen by the employee from the following
charities: Family and Children's Trust Fund,
Child Abuse Prevention Council and
Battered Women's Alternative.
C. The 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 (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 Association'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 a.mount 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.
Calif Nurses Association -8- 1996-1999 MOU
E. Annually, the Association shall provide the Director of
Human Resources with copies of the financial report
which ., the Association annually files with the
Department of Labor. Such report shall be available to
employees in the unit. Failure to file such a report
within sixty (60) days after the completion of its annual
audit, or December 31 It,
whichever is later, shall result
in the termination of all agency shop fee deductions
without jeopardy to any employee, until said report is
filed. Upon mutual agreement, this time limit may be
extended to one hundred twenty (120) days.
F. Current Employees and New Employees.
1 . An employee employed in or hired into a job
class represented by the California Nurses
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, the Association may, in
writing, direct that the County withhold the
agency shop fee and the initiation fee from the
Calif Nurses Association -9- 1996-1999 MOU
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 and all claims,
demands, suits, orders, or judgments, or other forms
of liability that arise out of or by reason of this Agency
Shop Section, or action taken or not taken by the
County under this Section. This includes but is not
limited to the County's attorney fees and costs.
H. The authorization of payroll deductions described in
Subsection F shall require the employee to agree to
hold the County harmless from all claims, demands,
suits or other forms of liability that may arise against
the County for or on account of any deduction made
from the wages of such employee.
I. The Human Resources Department shall furnish a
complete and full list of all employees represented by
the Association as soon as feasible after the
execution of the new MOU and shall furnish a monthly
list of all new hires to the Association thereafter.
Calif Nurses Association -10- 1996-1999 MOU
2.3 Communicating With Employees. The
Association 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 Association,
provided the communications displayed have to do with
matters within the scope of representation and further
provided that the employee organization appropriately
posts and removes the information. The department head
reserves the right to remove objectionable materials after
notification 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 Labor Relations Manager; 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 Association shall be allowed
access to work locations in which it represents employees
for the following purposes:
A. to post literature on bulletin boards;
Calif Nurses Association -11- 1996-1999 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 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.
2.4 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:
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;
Calif Nurses Association -12- 1996-1999 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
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.
2.5 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, 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
Calif Nurses Association -13- 1996-1999 MOU
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.
2.6 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 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.
2.7 Assianment 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
Calif Nurses Association -14- 1996-1999 MOU
existing representation units, and within a reasonable
period of time shall notify all recognized employee
organizations of his/her 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 Steams. 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 B.
(above), 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 of Supervisors' Resolution No. 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, sexual orientation or Association
activities against any employee or applicant for
employment by the County or by anyone employed by the
Calif Nurses Association -15- 1996-1999 MOU
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. There
shall be no discrimination because of Association
membership or legitimate Association activity against any
employee or applicant for employment by the County or
anyone employed by the County.
SECTION 4- NURSE REPRESENTATIVES
4.1 Attendance at_Meetinas. Employees designated
as nurse 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
Calif Nurses Association -16- 1996-1999 MOU
24 - Grievance Procedure of this Memorandum;
D. if they are designated as a nurse 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 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 California Nurses 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
Calif Nurses Association -17- 1996-1999 MOU
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.
4.3 Release Time for Training. The County shall
provide the Association a maximum ,of two hundred forty
(240) total hours per year of release time for Association-
designated representatives to attend Association-
sponsored training programs. Requests for release time
shall be provided in writing to the Department and County
Personnel at least fifteen (15) days in advance of the time
requested. Department Heads will reasonably consider
each request and notify the affected employee whether
such request is approved within one (1 ) week of receipt.
SECTION 5 - SALARIES
5.1 General Wage Increases.
A. The following wage schedule is in effect for
employees represented by California Nurses
Association:
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%)
Calif Nurses Association -18- 1996-1999 MOU
Salary levels are as follows effective July 1 , 1996:
Registered Nurse Compensation:
Level Monthly Rate P.I. Hourly Rate*
Entry 6 $3902 $25.89
Experienced 10 $4307 $28.58
11 $4414 $29.29
12 $4525 $30.02
13 $4638 $30.77
14 $4800 $31 .84
Advanced 17 $5119 $33.96
18 $5247 $34.81
*(Includes 15% differential)
Education and Training Specialist
Family Nurse Practitioner
Clinical Nurse Specialist - Ob/Gyn
Clinical Nurse Specialist - Oncology
Clinical Nurse Specialist - Psychiatric
Clinical Nurse Specialist - Psychiatric-Project:
Monthly Rate
1 $4945
2 $5192
3 $5452
4 $5724
5 $6011
Calif Nurses Association -19- 1996-1999 MOU
Charge Nurse:
Monthly Rate
1 $4998
2 $5248
3 $5511
5.2 LongevityP X. Effective July 1 , 1990 employees
who have completed ten (10) or more years of
employment shall receive longevity pay in the amount of
two percent (2%) per month of base pay. Effective
January 1 , 1992 employees who have completed fifteen
(15) or more years of employment shall receive additional
longevity pay in the amount of two percent (2%) per month
of base pay for a total of four percent (4%).
5.3 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
Calif Nurses Association -20- 1996-1999 MOU
s
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 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.
Calif Nurses Association -21- 1996-1999 MOU
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
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.
Calif Nurses Association -22- 1996-1999 MOU
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,
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.
5.4 Shift Relief. An Experienced Level Registered
Nurse who at the County's request relieves an Advanced
Calif Nurses Association -23- 1996-1999 MOU
Level Registered Nurse or Charge Nurse for a shift shall
receive an additional ten dollars ($10.00) per shift. Shift
relief will also be paid on a pro rated basis to a Registered
Nurse in an outpatient clinic who is "assigned
responsibility" for clinic operations for four (4) or more
hours during a given shift.
5.5 Deep Class Exception. The following provisions
of this section shall apply to all employees except as
modified by deep class resolution.
5.6 Entrance Salam. 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.
5.7 Anniversary Dates. Except as may otherwise
be provided for in deep class resolutions, anniversary
dates will be set as follows:
A. New Em loyees. 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
Calif Nurses Association -24- 1996-1999 MOU
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 5.7.A above.
C. 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.
D. Reemplo moments. 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.
E. 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
Calif Nurses Association -25- 1996-1999 MOU
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.
5.8 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
5.7 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 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
Calif Nurses Association -26- 1996-1999 MOU
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 a 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.
5.9 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.
If employment is periodic and irregular
(permanent-intermittent), depending on departmental
requirements, payment for hours worked shall be made at
the hourly rate established for the step of the salary range
Calif Nurses Association -27- 1996-1999 MOU
at which a Registered Nurse is appointed. The County
shall determine the differential paid to
permanent-intermittent Registered Nurses, provided it is
no less than fifteen percent (15%) of the hourly rate.
5.10 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.
5.11 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
Calif Nurses Association -28- 1996-1999 MOU
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 5.13 - Salary on
Promotion.
5.12 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 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.
Calif Nurses Association -29- 1996-1999 MOU
B. In the event that a classification is reallocated from a
salary range with more steps to a salary range with
fewer steps on the salary schedule, apart from the
general salary increase or decrease described in
Section 5.12.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, or 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
Calif Nurses Association -30- 1996-1999 MOU
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
5.12.
5.13 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 5.16, 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
Calif Nurses Association -31- 1996-1999 MOU
current step whichever is higher.
5.14 Salary on Involuntary Demotion. Any employee
who is demoted, except as provided under Section 5.16,
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.
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.
5.15 Salary on Voluntary Demotion. Whenever any
employee voluntarily demotes to a position in a class
having a salary range lower than that of the class from
which he/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
Calif Nurses Association -32- 1996-1999 MOU
next below former salary.
5.16 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. If the
transfer is to a deep class, the provisions of the deep class
resolution on salary of transfers, if any, shall apply in lieu
of the above provisions.
5.17 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 5.13 -
Salary on Promotion of this Memorandum, commencing
on the eleventh (11 th) work day of the assignment, (after
eighty [80] hours for employees on schedules other than
eight [8] hours) under the following conditions:
Calif Nurses Association -33- 1996-1999 MOU
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. The appropriate authorization form has been
submitted by the Department Head and approved by
the County Administrator.
F. Higher pay assignments shall not exceed six (6)
months except through reauthorization.
G. If approval is granted for pay for work in a higher
classification and the assignment is terminated and
later reapproved for the same employee within thirty
Calif Nurses Association -34- 1996-1999 MOU
(30) days, no additional waiting period will be
required.
H. Any incentives (e.g., the education incentive) and
special differentials (e.g., bilingual differential and
hazardous duty differential) accruing to the employee
in his/her permanent position shall continue.
1. During the period of work for higher pay in a higher
classification, an employee will retain his/her
permanent classification, and anniversary and salary
review dates will be determined by time in that
classification; except that if the period of work for
higher pay in a higher classification exceeds one year
continuous employment, the employee, upon
satisfactory performance in the higher classification,
shall be eligible for a salary review in that class on
his/her next anniversary date. Notwithstanding any
other salary regulations, the salary step placement of
employees appointed to the higher class immediately
following termination of the assignment, shall remain
unchanged.
J. Allowable overtime pay, shift differential and/or work
location differentials will be paid on the basis of the
rate of pay for the higher class.
Calif Nurses Association -35- 1996-1999 MOU
5.18 Pavment. 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 a salary advance.
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked. In the case of an election
made pursuant to this section all required or requested
deductions from salary shall be taken from the second
installment, which is payable on the tenth (10th) day of the
following month.
Calif Nurses Association -36- 1996-1999 MOU
5.19 Nursing Certification Test Fee
Reimbursement. The County shall reimburse employees
for test fees involved in taking National Certification tests
upon presentation of certification.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Work Week. The work week of County
employees is forty (40) hours normally between 12:01 a.m.
Monday to 12:00 midnight Sunday, except in certain
segments of the Health Services Department where it is
between 12:01 a.m. Sunday to 12:00 midnight Saturday,
usually five' (5) eight (8) hour days. Where operational
requirements of a department require deviations from the
usual pattern of five (5) eight (8) hour days per work week,
an employee's work hours, may be scheduled to meet
these requirements, but an employee's working time shall
not exceed an average of forty (40) hours per seven (7)
day period throughout an operational cycle, and the
Department Head shall prepare written schedules in
advance to support all deviations, the schedules to
encompass the complete operational cycle contemplated.
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.
Calif Nurses Association -37- 1996-1999 MOU
6.2 Four Week SchedulesMleekend Schedules.
For Registered Nurses assigned to areas that have
twenty-four (24) hour staffing, a four (4) week work
schedule will be published by Nursing Administration
which provides that each Registered Nurse shall have
every other weekend off. Registered Nurses may
exchange days off within the four (4) week cycle but no
Registered Nurse shall become eligible for overtime as the
result of said exchange. Such exchange days off shall be
subject to the approval of the appropriate Nursing Program
Manager.
Registered Nurses and Family Nurse Practitioners with
twenty (20) years of service with the County shall, upon
request, be granted every weekend off.
6.3 Time Changes: Pacific Standard
Time/Daylight Savings Time. For those nurses who
work on the shift when day light savings time begins and
ends each year, their work hours will be adjusted for that
shift to the number of work hours they regularly work on
that shift.
6.4 Low Census. In the event that there is a
decrease in the hospital census requiring adjusting levels
of nurse staffing and/or there are insufficient nurses who
volunteer to use accruals or take time off without pay in
order to reduce staffing to the necessary level, the County
Calif Nurses Association -38- 1996-1999 MOU
air
r
and Association agree to meet and confer upon request
regarding formal low census provisions.
SECTION 7- OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty (40) hours per week or (8)
eight hours per day. Overtime for employees on other
work schedules such as on ten (10) hour or twelve (12)
hour shifts is any work performed beyond that work
schedule 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). Permanent part-time
registered nurses shall be compensated at the* straight
time rate for those hours worked over and above the
regular work schedule but less than eight (8) hours a day
or forty (40) hours per week. Overtime for permanent
employees is earned and credited in a maximum of one-
tenth hour (6 minute) increments and is compensated by
either pay or compensatory time off.
Employees who work a double shift shall receive fifty-three
dollars ($53.00) 7/1/93 and fifty-four dollars ($54.00) in
addition to all other compensation for each double shift
worked. Registered Nurses who work from the beginning
of their regularly scheduled shift to the conclusion of the
Calif Nurses Association -39- 1996-1999 MOU
next scheduled shift will be considered to have worked a
double shift. 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.
Employees entitled to overtime credit for holidays in
positions which work around the clock (such as the County
Hospital, the Sheriffs Office, Jails, 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 provisions of
this accumulation are set forth in Section 12.5 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
Calif Nurses Association -40- 1996-1999 MOU
employees must notify their Department Head or
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, Idemoting, 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 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
Calif Nurses Association -41- 1996-1999 MOU
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
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 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.
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
Calif Nurses Association -42- 1996-1999 MOU
and salary of the class from which the employee is
promoting, demoting , or transferring as set forth in 1.
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) of 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.
J. The Office of the County Auditor-Controller will
establish time-keeping procedures to administer this
Section.
7.3 Continuous Shifts. At the County's request, if
an employee works two (2) contiguous shifts (normally
sixteen (16) continuous hours) which is outside the
Calif Nurses Association -43- 1996-1999 MOU
employee's regular work schedule and the first eight (8)
hours fall on one day and the . second eight (8) hours fall
on the following day, the employee shall be paid a
differential of one-half (1/2) the employee's base salary
rate in addition to the employee's base salary rate for the
second eight (8) hours. Additionally, such employees shall
be provided a meal in the hospital cafeteria at no cost to
the employee.
SECTION 8 - CALL BACK TIME
8.1 Call Back Pay. 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 of each call back. This provision shall
apply to employees who are not in on-call status.
8.2 Operating Room Call Back. A Registered
Nurse who is in on-call status for the Operating Room and
is called back to duty shall be paid for the actual time so
spent plus one (1 ) hour, but not less than three (3) hours
total for each call back.
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SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the
employee is actually on duty during which an employee is
not required to be on County premises but stand ready to
immediately report for duty and must arrange so that the
employee's superior can contact the employee on ten (10)
minutes notice or less. An employee assigned to on-call
time shall be paid one (1 ) hour of straight time pay for
each four (4) hours on such on-call time.
However, Registered Nurses who are assigned to on-call
for the Operating Room or Post Anesthesia Recovery shall
be paid one (1 ) hour of straight time pay for each two (2)
hours on such on-call time.
SECTION 10 - SHIFT DIFFERENTIAL
10.1 Shift Differentials.
A. Evening Shift. An employee who works an evening
shift in which the employee works four (4) or more
hours between 5:00 p.m. and 11 :00 p.m. shall receive
a shift differential of twelve percent (12%) of the
employee's base pay..
Split shifts with more than 1 -1/2 hours between the
Calif Nurses Association -45- 1996-1999 MOU
two portions of the shift shall also qualify for the
twelve percent (12%) hourly differential.
B. Night Shift. An employee who works a night shift in
which the employee works four (4) or more hours
between 11 :00 p.m. and 8:00 a.m. shall receive a shift
differential of fifteen percent (15%) of the employee's
base pay.
C. Special Provisions.
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. 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
Calif Nurses Association -46- 1996-1999 MOU
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.
3. Employees in the Registered Nursing Unit whose
regular shift is extended such that it ends twelve
(12) consecutive hours or more after its beginning
shall receive shift differential paid at the
differential rate appropriate for those additional
hours in excess of eight (8). Effective July 1 ,
1992 a Registered Nurse released from duty at
the request of Nursing Administration prior to the
completion of twelve (12) hours work will receive
the appropriate shift differential on those hours
worked in excess of eight (8) hours.
4. 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.
10.2 Weekend Differential. Effective January 1 , 1992
Registered Nurses shall receive a weekend shift bonus- of
an increased $30.00 per shift for each weekend shift
worked which 1 ) falls on weekends for which the nurse is
not scheduled to work in their normal work schedule; 2)
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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 Registered Nurse is to note such qualifying
shifts on his/her time sheets in order to receive this
compensation.
10.3 Differentials. Each full time, part-time and
permanent-intermittent Registered Nurse who is in a
position assigned to one of the following units/services, will
receive a salary differential of $60 per month: Surgery,
Recovery, Labor and Delivery, Nursery, Postpartum,
Intensive Care Unit, Emergency Room, Medical Unit,
Surgical Unit, Family Care, Mental Health Crisis Unit,
Geriatric Med-Psych, I-Psychiatry, J-Psychiatry, Martinez
Detention, West County Detention, and Juvenile Hall.
Registered Nurses assigned to the following units/services
and Family Nurse Practitioners are not eligible for this
differential: Education and Training, Specialty Clinic;
Family Practice Clinic; Concord, Brentwood, Pittsburg and
Richmond Health Centers; East County, West County and
Central County Geriatric Clinics, Adult Mental Health Dual
Diagnosis Program, George Miller-West, Public Health
Clinic s=taffing pool, Public Health Nursing pool and Home
Health Agency.
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}
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 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
Calif Nurses Association -49- 1996-1999 MOU
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.
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
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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 Layo 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 .
Calif Nurses Association -51- 1996-1999 MOU
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 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 Dia lacing.
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.
Calif Nurses Association -52- 1996-1999 MOU
t.
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. 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, 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
Calif Nurses Association -53- 1996-1999 MOU
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 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 LayQff Li t. 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.
Calif Nurses Association -54- 1996-1999 MOU
G. Order of Names on Layer. 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 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 Right$. 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 Lista.
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
Calif Nurses Association -55- 1996-1999 MOU
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 & 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
Calif Nurses Association -56- 1996-1999 MOU
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.
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
Calif Nurses Association -57- 1996-1999 MOU
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 Reassignment of Laid Off Emplo ees.
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.
Calif Nurses Association -58- 1996-1999 MOU
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:
A. January 1 st, known as New Years' 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
November 11 th, known as Veteran's Day
Calif Nurses Association -59- 1996-1999 MOU
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. Employees in positions which are designated as
twenty four (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
Family Nurse Practitioner positions are designated as
24-hour positions.
C. Employees who only celebrate the holidays listed in
12.1 .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
Calif Nurses Association -60- 1996-1999 MOU
i
holiday credits at the employee's then current pay
rate.
12.2 Application of Holliday.—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 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.
The purpose of this plan is to equalize holidays between
employees on regular work schedules and those on other
work schedules.
Calif Nurses Association -61- 1996-1999 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 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) holidays shall be observed on the day on
which the holiday falls regardless if it is a Saturday or
Sunday.
12.3 Holiday Credit for 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).
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 in the regular full time schedule, regardless of
whether the holiday falls on the part-time employee's
regular work day.
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
Calif Nurses Association -62- 1996-1999 MOU
{
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.
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.ime. 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:
A. 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.
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)
Calif Nurses Association -63- 1996-1999 MOU
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.
12.6 Each permanent employee 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.
12.7 Employees represented by the Association 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 only between the hours of 6:30 a.m. and
Calif Nurses Association -64- 1996-1999 MOU
6:30 p.m.
12.8 Permanent-Intermittent Holiday Pav
Employees in permanent-intermittent positions shall
receive holiday pay at the rate of 1 -1/2 times the
employee's base salary rate for up to eight (8) hours
worked on a recognized holiday.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Permanent and provisional
employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of
working time per calendar month of service and begins on
the date of appointment to a permanent position.
Increased accruals begin on the first of the month
following the month in which the employee qualifies.
Accrual for portions of a month shall be in minimum
amounts of one (1 ) hour calculated on the same basis as
for partial month compensation pursuant to Section 5.9 of
this 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 has been exhausted; and none shall be
allowed in excess of actual accrual at the time vacation is
taken.
Calif Nurses Association -65- 1996-1999 MOU
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 131/3 320
20 through 24 years 162/3 400
25 through 29 years 20 480
30 years and up 231/3 560
13.3 Vacation Accrual During Leave Without Pay.
No employee who has been granted leave without pay or
unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who
is absent without pay accrue vacation credit during the
absence.
13.4 Professional Sabbatical Leave. Employees
who have completed five (5) years or more of employment
shall annually receive three (3) days of paid sabbatical
leave. This leave shall be granted under the same
provisions for vacation leave.
13.5 Vacation Allowance for Separated Employees
ees.
On separation from County service, an employee shall be
paid for any unused vacation credits at the employee's
then current pay rate.
Calif Nurses Association -66- 1996-1999 MOU
13.6 Permanent Part Time & Intermittent
Employees. Employees in permanent part-time and
permanent-intermittent positions shall accrue vacation
benefits on a prorated basis as provided in Resolution
81/1165, Section 36-2.006.
13.7 Vacation for employees in the Hospital and Clinic
Division Hospital Nursing Service (including the Detention
Facilities) and Ambulatory Care Nursing Services shall be
scheduled on an annual cycle, April 1 through March 30.
Employees must submit their written vacation request by
March 1st of each year. The Hospital will post a schedule
of vacations by April 1st of each year.
Only one employee per classification from each work site
and shift may be pre-approved for 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 senior employees will be
given the opportunity to request a different time before the
annual schedule is posted.
Vacation requests submitted after March 1st to the Nurses
assigned Nursing Program Manager shall be considered
on a first come basis and the County will respond to such
requests within thirty (30) days from receipt. If staffing and
patient care requirements do not permit all Registered
Calif Nurses Association -67- 1996-1999 MOU
Nurses requesting a certain vacation preference to take
their vacations over the same period, length of service in
their classification among those Registered Nurses who
submit vacation requests at the same time shall be the
determining factor within each work area. Arrangements
for vacation replacements shall be the responsibility of
Nursing Service, it being understood that denial of the
vacation request may result if Nursing Service is unable to
arrange for replacements.
Vacations requested during the pre-approved phase which
include major holidays, Thanksgiving, Christmas and New
Year's, shall be rotated amongst staff rather than
determined by seniority.
. 13.8 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.
13.9 Poli cyfor FNPs. The following policy governs
the approval of vacation requests and the vacation
Calif Nurses Association -68- 1996-1999 MOU
coverage responsibilities of the Family Nurse Practitioners.
Vacation requests for Family Nurse Practitioners in the
Hospital and Clinics Division which are received in the
Medical Staff office thirty-five (35) days in advance will be
responded to within ten (10) days of the receipt of the
request and will be approved or denied based on overall
FNP staffing considerations for the time requested.
Vacation requests which are received less than thirty-five
(35) days in advance will also be considered, but
preference will be given to those requests submitted with
more than thirty-five (35) days advance notice.
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 Charaes Aciainst 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
Calif Nurses Association -69- 1996-1999 MOU
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
s/he is re-employed in a permanent position within the
period of lay off eligibility.
Upon the date of retirement, an employee's accumulated
sick leave is converted to retirement time 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:
Calif Nurses Association -70- 1996-1999 MOU
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�ovee: 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:
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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 author ity 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,
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or when the appointing authority determines that
the medical evidence submitted by the employee
is insufficient, or where the above conditions
have not been met.
C. Communicable Disease. An employee may use paid
sick leave credits when under a physician's order to
remain secluded due to exposure to a communicable
disease.
D. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or contributed
to by pregnancy, miscarriage, abortion, childbirth, or
recovery therefrom, shall be allowed to utilize sick
leave credit to the maximum accrued by such
employee during the period of such disability under
the conditions set forth below:
1 . Application for such leave must be made by the
employee to the appointing authority
accompanied by a written statement of disability
from the employee's attending physician. The
statement must address itself to the employee's
general physical condition having considered the
nature of the work performed by the employee,
and it must indicate the date of the
commencement of the disability as well as the
date the physician anticipates the disability to
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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
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5 tr'1
2. For working time used by an employee for pre-
scheduled medical and dental appointments for
an immediate family member.
F. Emery Care of Familv. 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 is on vacation but the County
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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.
Calif Nurses Association -76- 1996-1999 MOU
3. Employees are responsible for obtaining advance
approval from their supervisor for the scheduled
time of pre-arranged personal or family medical
and dental appointment.
4: Employees are encouraged to keep the
department advised of (1 ) a current telephone
number to which sick leave related inquiries may
be directed, and (2) any condition(s) and/or
restriction(s) that may reasonably be imposed
regarding specific locations and/or persons the
department may contact to verify the employee's
sick leave.
B. Department Responsibilities. The use of sick leave
may properly be denied if these procedures are not
followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action.
Departmental approval of sick leave is a certification
of the legitimacy of the sick leave claim.' The
department head or designee may make reasonable
inquiries about employee absences. The department
may require medical verification for an absence of
three (3) or more working days. The department may
also require medical verification for absences of less
than three (3) working days for probable cause if the
employee had been notified in advance in writing that
Calif Nurses.Association -77- 1996-1999 MOU
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.A.4.
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
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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 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
Calif Nurses Association -79- 1996-1999 MOU
temporarily or permanently physically or mentally
incapacitated for the performance of the employee's
duties.
B. An appointing authority who has reasonable cause to
believe that there are physical or mental health
conditions present in an employee which endanger
the health or safety of the employee, other
employees, or the public, or which impair the
employee's performance of duty, may order the
employee to undergo at County expense and on the
employee's paid time a physical, medical and/or
psychiatric examination by a licensed physician and
receive a report of the findings on such examination. If
the examining physician recommends that treatment
for physical or mental health problems, including
leave, are in the best interests of the employee or the
County in relation to the employee overcoming any
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
Calif Nurses Association -80- 1996-1999 MOU
Y,
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 (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 deemed necessary in accordance
with appropriate provisions of this MOU.
14.6 Workerms'r Compensation. The County will
reduce Workers' Compensation for all . non-safety
employees to ninety four (94%) of monthly salary for all
claims filed with the employee's department on or after
February 10, 1992 and eighty eight (88%) of monthly
salary for all claims filed on or after January 1 , 1993. 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. 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
Calif Nurses Association -81- 1996-1999 MOU
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 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.
C. 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 (see attachment).
Calif Nurses Association -82- 1996-1999 MOU
"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 one
year from the date of temporary disability. 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 Office of the County
Administrator, Risk Management Division.
Whenever an employee who has been injured on the
job and has returned to work is required by an
Calif Nurses Association -83- 1996-1999 MOU
attending physician to leave work for treatment during
working hours the employee shall be allowed time off
up to three (3) hours for such treatment without loss of
pay or benefits. This provision applies only to injuries
that have been accepted by the County as a job
connected injury.
D. Applicable Pay Beyond One Year. If an injured
employee remains eligible for temporary disability
beyond one year, applicable salary will continue by
integrating sick leave and/or vacation accruals with
Workers' Compensation benefits (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 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.
Calif Nurses Association -84- 1996-1999 MOU
F. Health Insurance. The County contribution to the
employee's group insurance plan continues during the
continuing pay period and during integration of sick
leave or vacation with Workers' Compensation
benefits.
G. Integration Formula. 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
14.7 Labor-Manaaement Committee. 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.
14.8 Accrual Durina Leave Without PaX. 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
Calif'Nurses Association -85- 1996-1999 MOU
absence.
14.9 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:
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 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
Calif Nurses Association -86- 1996-1999 MOU
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.
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.
Calif Nurses Association -87- 1996-1999 MOU
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 Services Unit, for assistance in
resolving problems.
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.
Calif Nurses Association -88- 1996-1999 MOU
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 eight (8)
hour/five (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
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
Calif Nurses Association -89- 1996-1999 MOU
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.
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.
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 and 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.
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
Calif Nurses Association -90- 1996-1999 MOU
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.
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 Program Design. Effective April 1 , 1994, the
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 County wide 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
Calif Nurses Association -91- 1996-1999 MOU
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
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.
Calif Nurses Association -92- 1996-1999 MOU
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 hourly
blocks with a minimum donation of not less than four (4)
hours 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.
Calif Nurses Association -93- 1996-1999 MOU
This Catastrophic Leave Bank program is adopted on a
twelve-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 o 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.
Calif Nurses Association -94- 1996-1999 MOU
r "✓°
16.2 General Administration - Leaves of Absence.
Requests for leave, of absence 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 pregnancy disability;
3. family care;
4. to take a course of study such as will increase the
employee's usefulness on return to the
employee's 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
Calif Nurses Association -95- 1996-1999 MOU
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. 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 any pay desires to return before the
expiration of such leave, the employee 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,
Calif Nurses Association -96- 1996-1999 MOU
disability, or serious health condition, the decision of
the appointing authority 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
Section 24 of 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 shall have
their compensation for the portion of the month worked
computed in accord with Section 5.10, Compensation for
Portion of Month, of the 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
Sections 13.5, 14.2, 14.8 and 15.1 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
Calif Nurses Association -97- 1996-1999 MOU
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 the
employee's 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.
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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 Medical 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
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authority.
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 Aggregate 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.
16.9 Definitions. For medical and family care leaves
of absence under this section, the following definitions
apply:
Calif Nurses Association -100- 1996-1999 MOU
A. Child: A biological, adopted, or foster child, stepchill,
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.
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.
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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;
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
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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
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.
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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 status as described in
Section 16.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 16.5
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
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
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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 14.9 or as provided in the sections below.
B. Family are 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/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
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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. ,
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, & Reassignment') shall
apply.
16.14 Reinstatement From Family Care Medical
Leave. , In the case of a family care or medical leave, an
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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 basis.
16.15 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.
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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
17.1 Jury Duty. For purposes of this Section, jury
duty shall be defined as any time an employee is obligated
to report to the court.
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
Calif Nurses Association -108- 1996-1999 MOU
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.
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
Calif Nurses Association -109- 1996-1999 MOU
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.
17.2 Witness DutX. 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 amain 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.
Calif Nurses Association -110- 1996-1999 MOU
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.
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
Calif Nurses Association -111- 1996-1999 MOU .
contained in the January 13, 1994 Agreement (see
Attachment E) 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.
Any increase in the Health Plan costs greater than the
County contributions identified above occurring during the
duration of this MOU shall be borne by the employee.
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
Calif Nurses Association -112- 1996-1999 MOU
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
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
Calif Nurses Association -113- 1996-1999 MOU
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.
An employee who terminates County employment may
convert to individual health plan coverage, if available, or
may continue County group health plan coverage to the
extent provided under COBRA by making premium
payments to the County at a time and place specified by
the County.
18.6 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
Calif Nurses Association -114- 1996-1999 MOU
combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's
plan.
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 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
Calif Nurses Association -115- 1996-1999 MOU
>;of
participate in meeting scheduled by PERS Long Term
Care on County facilities during non-work hours. (e.g.;
coffee breaks, lunch hour).
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
Calif Nurses Association -116- 1996-1999 MOU
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 persorial 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;
Calif Nurses Association -117- 1996-1999 MOU
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.
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) months to two (2) years
duration.
Calif Nurses Association -118- 1996-1999 MOU
19.2 Those classes represented by the Association
which have probation periods in excess of six (6) months:
None.
19.3 When the probationary period for a class is
changed, only new appointees to positions in the
classification shall be subject to the revised probationary
period.
19.4 The probationary period shall commence from the
date of appointment. It shall not include time served in
provisional or temporary appointments or any period of
continuous absence exceeding fifteen (15) calendar days
except as otherwise provided by law. For those employees
appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered
completed upon serving one-thousand (1 ,000) hours after
appointment except that in no instance will this period be
less than six (6) calendar months from the beginning of
probation. If a . permanent-intermittent probationary
employee is reassigned to full-time, credit toward
probation completion in the full-time position shall be
prorated on the basis of one hundred seventy-three (173)
hours per month. For employees appointed to permanent
part-time positions with a six (6) month probation period,
probation will be considered completed after serving six
(6) months in the permanent part-time position.
Calif Nurses Association -119- 1996-1999 MOU
19.5 Rejection During Probation. An employee who
is rejected during the probation period and restored to the
eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other
provisions of this section, an employee (probationer)
shall have the right to appeal from any rejection during
the probationary period based on political, or religious
or union activities, or race, color, national origin, sex,
age, disability, or sexual orientation.
B. The appeal must be written, must be signed by the
employee and set forth in 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
Calif Nurses Association -120- 1996-1999 MOU
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 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
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. The Department will make every
effort to procesS. the probation report in a timely manner,
with the intent of completing it before the end of the
probation period. If the appointing authority fails to submit
in a timely manner the proper written documents certifying
Calif Nurses Association -121 - 1996-1999 MOU
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 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
Calif Nurses Association -122- 1996-1999 MOU
from the same eligible list, unless such certification is
requested in writing by the appointing authority.
19.7 Layoff During Probation. An employee who is
laid off during probation, if reemployed in the same class
by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full probationary
period. An employee appointed to a permanent position
from a layoff or reemployment list is subject to a probation
period if the position is in a department other than the
department from which the employee separated,
displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not
subject to a probation period if the position is in the
department from which the employee separated, displaced
or voluntarily demoted in lieu of layoff.
19.8 Rejection During Probation of Layoff
Employee. An employee who has achieved permanent
status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the
probation period shall be automatically restored to the
layoff list, unless discharged for cause, if the person is
within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and
Calif Nurses Association -123- 1996-1999 MOU
appointed in a different department or classification than
that from which the employee was laid off.
SECTION 20 - PROMOTION
20.1 Promotion shall be by competitive examination
unless otherwise provided in this MOU.
20.2 Promotion Policv. The Director of Human
r
Resources, upon request of an appointing authority, shall
determine whether an examination is to be called on a
promotional basis.
20.3 Promotion via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her position
reclassified at the request of the appointing authority and
under the following conditions:
A. An evaluation of the position(s) in question must show
that the duties and responsibilities have significantly
increased and constitute a higher level of work.
B. The incumbent of the position must have performed at
the higher level for one (1 ) year.
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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 Association approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
20.4 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.
20.5 Seniority Credits. Employees who have qualified
to take promotional examinations and who have earned a
total score, not including seniority credits, of seventy (70)
percent or more, shall receive, in addition to all other
credits, five one-hundredths (05) of one percent for each
completed month of service as a permanent County
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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.
20.6 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 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;
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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 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. If the Director of Human Resources considers
that the reasons are adequate and that the transfer will be
for the good of the County service and the parties
involved, the Director of Human Resources shall 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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21 .3 Bid Procedure. Permanent employees in all
classes represented by this bargaining unit may bid on
open jobs in the same classification throughout the Health
Services Department. All open jobs will be offered to
presently assigned permanent employees for bid. The
following procedures shall apply:
A. Responsibility. Implementation of the bidding procedure
is the responsibility of the Supervisor ("Supervisor") of
the vacated or newly created position.
B. ,fob Notices Posted Five (5) Days Only. Open job
notices shall be posted for five (5) calendar days in
specific locations mutually agreed upon by the
Association and the County. RN and FNP postings
shall be maintained in binders at the Nursing
Administration office and at Health Services Personnel.
All postings shall be retained for forty-five (45) days.
The notice shall specify all job factors and shall be
posted only once. If there are no bidders, the
department head may fill the position by using the Merit
System eligible list or by ' making internal
reassignments.
A late bid shall be accepted if the nurse can
demonstrate he/she was authorized to be off during the
entire posting period.
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C. All Open Jobs Must be Posted. All job openings which
may occur by creation of new jobs, separation,
promotion, demotion or reassignment must be posted
for permanent employee bidding.
D. Eligible Bidders. All permanent full time, permanent
part-time and permanent-intermittent employees in the
Health Services Department may bid on any open
permanent position in the same classification anywhere
else in the Health Services Department including Public
Health. Employees who are in temporary or provisional
positions and employees still on probation in a
permanent position may not bid.
E. Bidder Selection. The Supervisor shall interview each
employee submitting a bid and select the person to fill
the position they deem most qualified by virtue of
education, training, experience and presentation in the
interview. In the event two or more bidders are equally
well qualified, the position will be filled by the most
senior employee submitting a bid. In all cases, the
person selected must possess the minimum
qualifications (as described in the job specification) for
the skill level of the position they are selected to fill (i.e.
trainee, entry, experienced, advanced, etc.).
Unsuccessful bidders will be so notified in writing on
forms agreed to between the Association and the
Department as soon as possible following the
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conclusion of the interviews, but not later than the date
upon which the successful bidder is notified of
selection. The bid results form is not an employment
record and will not be used for subsequent employment
related decisions.
F. No Old Job Claim. The selected bidder shall have no
claim on the job that the selected bidder left. If the
decision is made by either the supervisor or the
employee to seek immediate reassignment, the
employee must take another open job (not bid on). The
old job may not be reclaimed because the employee
once held it.
G. Minimum Job Time- 3 Months. Employees must have
had three (3) months in their reassigned position before
they may bid on another open position. Time period
begins the date they begin working in the new
assignment.
H. Bidding While on Leave. Employees interested in a
particular assignment and wishing to be notified of an
open position while on authorized absence from work
(not day off) may leave a bid form or a self-addressed,
stamped envelope with the Supervisor of the position in
which they are interested.
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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 Resignation. A constructive
resignation occurs and is effective when:
A. an employee has been absent from duty for ten (10)
consecutive working days without leave, and
B. ten (10) more consecutive 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.
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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 Human
Resources Director, 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. 'finless, 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
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to the Merit Board. In the alternative, the employee
may file a written election with the Human Resources
Director waiving the employee's right of appeal to the
Merit Board in favor of the employee's appeal rights
under the grievance procedure contained in Section 24
of the MOU beginning with Step 3.
D. Dis o ition. If a final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the employee
returned to duty effective on the day following the
decision but without loss of seniority or pay, subject to
the employee's duty to mitigate damages.
22.6 Eligibility for Reem Igyment. 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 Human Resources Director for placement
on a reemployment list as follows: the class from which the
person resigned; or any one class of equal or lesser rank
in the occupational series and in which the person had
previously attained permanent status; or for any class or
deep class which has replaced the class in which the
person previously had status, provided that the person
meets the minimum requirements for the new class. If the
appointing authority of the department from which the
person resigned recommends reemployment the Human
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Resources Director shall grant reemployment privileges to
the person. If the appointing authority does not
recommend reemployment, the employee may appeal to
the Human Resources Director. 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.
SECTION 23 - DISMISSAL, SUSPENSION, &
DEMOTION
23.1 The appointing authority may dismiss, suspend, or
demote, any employee for cause. The following are
sufficient causes for such action; the list is indicative rather
than inclusive of restrictions and dismissal, suspension or
demotion may be based on reasons other than those
specifically mentioned:
A. absence without leave;
B. conviction of any criminal act involving moral turpitude;
C. conduct tending to bring the merit system into
disrepute;
D. disorderly or immoral conduct;
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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. 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
Calif Nurses Association -135- 1996-1999 MOU
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 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), demote or
reduce in salary any 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.
Calif Nurses Association -136- 1996-1999 MOU
C. If it is claimed that the employee has violated a rule or
regulation of the County, department or district, a copy
of said rule shall be included with the notice.
D. A statement that the employee may review and request
copies of materials upon which the proposed action is
based.
E. A statement that the employee has seven (7) calendar
days to respond to the appointing authority either orally
or in writing.
Employee Response. The employee upon whom a Notice
of Proposed Action has been served shall have seven (7)
calendar days to respond to the appointing authority either
orally or in writing before the proposed action may be
taken. Upon request of the employee and for good cause,
the appointing authority may extend in writing the period to
respond. If the employee's response is not filed within
seven (7) days or during any extension, the right to
respond is lost.
23.3 Leave Pending Emplovee 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.
Calif Nurses Association -137- 1996-1999 MOU
23.4 Length of Suspensions. Suspensions without
pay shall not exceed thirty (30) days unless ordered by an
arbitrator, an adjustment board or the Merit Board.
23.5 Procedure on Dismissal, Suspension, or
Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or
demote an , employee having permanent status in a
position in the merit system, after having complied with
the 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,
or demotion shall be filed with the Human Resources
Director, showing by whom and the date a copy was
served upon the employee to be dismissed, suspended
or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall
be effective either upon personal service or deposit in
the U. S. Postal Service.
C. Employee from Order. The employee may
appeal an order of dismissal, suspension 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
Calif Nurses Association -138- 1996-1999 MOU
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 24 of this MOU.
23.6 Employee Representation Riahts 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.
SECTIO 24 - GRIEVANCE PROCEDURE
24.1 Grievance Procedure. 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 shad be final, the
interpretation or application of those provisions not being
subject to the grievance procedure. The Association may
represent the employee at any stage of the process.
Grievances must be filed within thirty (30) days of the
incident or occurrence about which the employee claims to
have a grievance and shall be processed in the following
manner: _
Calif Nurses Association -139- 1996-1999 MOU
A. S,Lep 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
supervisor, who shall meet with the grievant within five (5)
days of receipt of a written request to hold such meeting.
B. 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
grievant seeks. A copy of each written communication on
a grievance shall be filed with the Human! Resources
Director. The Department Head or his or her designee
shall have ten (10) work days in which to respond to the
grievance in writing.
C. . 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
Calif Nurses Association -140- 1996-1999 MOU
and respond in writing.
D. t 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 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 two (2) Association
representatives and two (2) representatives of the County.
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 or the grievance will move to
arbitration upon demand.
E. 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.
Calif Nurses Association -141- 1996-1999 MOU
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.
24.2 Scope of Adjustment Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators on
matters properly before them shall be final and binding
on the parties hereto, to the extent permitted by law.
B. No Adjustment Board and no arbitrator shall entertain,
hear, decide or make recommendations on any dispute
unless such dispute involves a position in a unit
represented by the 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.
Calif Nurses Association -142- 1996-1999 MOU
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
recognized unless agreed to by the County and the
Union or Association.
24.3 The time limits specified above may be waived by
mutual agreement of the parties to the grievance. If the
County fails to meet the time limits specified in Steps 1
through 3 above, the grievance will automatically move to
Calif Nurses Association -143- 1996-1999 MOU
the next step. If an employee fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will be
deemed to have been settled and withdrawn.
24.4 An official, with whom a formal grievance is filed by
a grievant who is included in a unit represented by the
Association but is not represented by the Association in
the grievance, shall give the Association a copy of the
formal presentation.
24.5 Compensation Com la aints. 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)
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 Association.
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24.6 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 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 Step 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
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complaint or grievance is pending before the Merit
Board.
24.8 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 BILINGUAL PAY
Effective July 1 , 1996, a salary differential of sixty dollars
($60.00) per month shall be paid incumbents of positions
requiring bilingual proficiency as designated by the
appointing authority and Human Resources Director. 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. Effective October 1 , 1997)
the differential shall be increased to sixty five dollars
($65.00) per month.
SECTION 26 - RETIREMENT
26.1 Contribution. Pursuant to Government Code
, Section 31581 . 1 , the County will continue to pay fifty
Calif Nurses Association -146- 1996-1999 MOU
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.
26.2 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.
Calif Nurses Association -147- 1996-1999 MOU
3. The amount of the employee's required retirement
contribution shall be established by the County
Employees' Retirement Association and shall be based
on the employee's age at entry into the retirement
system.
4. Employees represented by the Labor Coalition and its
member employee organizations (herein referred to as
`Labor Coalition') enrolled in Tier II who have attained
five (5) years of retirement credited service as of the
effective date of the enabling legislation shall have a six
(6) month period after such date to make a. one time
irrevocable election of the Tier III Retirement Plan
expressed herein subject to action by the Board of
Supervisors to implement the Plan. Thereafter,
employees represented by the Labor Coalition enrolled
in Tier II who have attained five (5) years of retirement
credited service shall have a ninety (90) day period to
make a one time irrevocable election of the Tier III
Retirement Plan expressed herein.
5. a. The County's employer contributions and
subvention of employee contributions for Labor
Coalition employees electing Tier III which exceed
those which would be required for Tier II
membership shall:
Calif Nurses Association -148- 1996-1999 MOU
1 . be funded by reducing the general wage
increase agreed upon to be effective October 1 ,
1997, and the pay equity amounts attributable
thereto, by a percentage sufficient to reduce the
County's wage obligation by three ($3) million
dollars per year; and the general wage increase
of all employees represented by the Labor
Coalition shall be reduced accordingly; and
2. in the event the County's costs attributable to the
creation and operation of Tier III exceed $3
million per year or the County Employees'
Retirement Association's actuaries determine in
future years that the ' County's retirement costs
have increased and that the increase is
attributable to the creation of Tier III and/or the
impact of Tier III on the County's retirement costs,
such increase shall be funded by reducing the
general wage increase(s) agreed upon in future
years, and the pay equity amounts attributable
thereto, to the extent that future wage increases
are granted; and the general wage increase(s) of
all employees represented by the Labor Coalition
shall be reduced accordingly; and
3. in the event the County's costs attributable to the
Tier III Retirement Plan are less than $3 million
per year, the difference shall be divided by twelve
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and each twelfth shall be augmented by an
amount equal to the County's common pooled
fund interest which would have accrued if one
twelfth had been invested in the first month of the
past year, two twelfths in the second month of the
past year and so forth; and
4. any savings to the County resulting from the
creation and operation of Tier III shall be used to
offset future County retirement cost increases
attributable to the creation and operation of Tier
III; and
5. County savings shall be held in an account by the
Auditor-Controller which is invested in the
County's common pooled fund and will accrue
interest accordingly. The County will report yearly
to the Labor Coalition on a) the beginning account
balance, b) the interest earned, c) expenditures
from the account to cover increased costs
resulting from the Tier III Retirement Plan, and d)
the ending account balance.
b. Any increased costs to the County, due to Tier III
participation by employees not represented by the
Labor Coalition, shall not be funded by reduction of
general wage increases otherwise due to the
employees represented by the Labor Coalition.
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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.
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.
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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.
SECTION 27 - TRAINING REIMBURSEMENT
27.1 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. Effective July 1 , 1996, reimbursement under the
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above limits for the cost of books for career development
shall be allowable.
Continuing education shall continue to be administered
under the Administrative Bulletin. on Training and of the
$650 per year, $250 may be applied to continuing
education courses. Training reimbursement applicable to
continuing education (i.e. $250) may be carried over into
the next fiscal year. The maximum reimbursement
available in any fiscal year may not exceed twice what
may be accrued in any one fiscal year.
27.2 The Health Services Department will provide
Advanced Cardiac Life Support certification and re-
certification classes to those employees who are required
to be certified at a cost of no more than twenty-five dollars
($25.00) to the employee.
SECTION 28 - EDUCATION LEAVE
Each regular full-time employee in the classification of
Registered Nurse with one (1 ) or more years of service
shall be entitled to five (5) days leave with pay each year
to attend accredited continuing education courses,
institutions, workshops, or classes. Employees in the
classification of Family Nurse Practitioner with one (1 ) or
more years of County service shall be entitled to eight (8)
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days leave with pay each year to attend accredited
continuing education courses, institutions, workshops or
classes. Written requests for such leave must be
submitted in advance and may be denied only in the event
such leave interferes with staffing.
Registered Nurses and Family Nurse Practitioners may
carry over continuing education leave at the rate of five (5)
days and two (2) days respectively for a maximum total of
ten (10) days per year. Such carry-over will be granted
without restriction. Family Nurse Practitioners may
carry-over additional continuing education leave subject to
approval.
The leave herein above defined shall not apply to those
courses or programs the employee is required by the
County to attend.
A Registered Nurse assigned to the night shift, who
attends a continuing education course of eight (8) hours
duration outside scheduled work time, may receive
educational leave pay for the actual course time and may
be excused from the night shift immediately preceding or
following the course attended.
When an employee covered by this agreement separates
from County service, any unused educational leave shall
be canceled. Permanent part-time registered nurses shall
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be entitled to educational leave on a pro-rated basis.
SECTION 29 - CLASSIFICATION
Existing classes of positions may be abolished or changed
and new classes may be added to the classification plan
by the Human Resources Director subject to approval by
the Board of Supervisors. The County will meet and confer
with the Association on the minimum qualifications and
salary of new classes.
If the County wishes to add duties to classes represented
by the Association, the Association shall be notified and
upon request of the Association, representatives of the
County will meet and consult with the Association over
such duties.
SECTION 30 - SAFETY
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.
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SECTION 31 - 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 (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.
SECTION 32 - 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 Office, it is the policy of the
Auditor-Controller's Office 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 discovered by the County found in employee
pay shall be corrected as soon as possible as to current
pay rate but that no recovery of either over payments or
under payments to an employee shall be made
retroactively except for the six (6) month period
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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 Human Resources Director or designee, or
the Auditor-Controller or designee. Discovery of
fraudulently accrued over or under payments are excluded
from this section for both parties.
SECTION 33 - DETENTION FACILITY DIFFERENTIAL
Employees who work in the County Detention Facility shall
receive a differential per hour worked at a premium of five
percent (5%) of the hourly equivalent of the base rate;
provided, however; that in the event the conditions in the
Detention Facility are improved so that hazardous
conditions no longer exist, such differential will no longer
be applicable.
SECTION 34 - CRITICAL CARE UNIT
A permanent Registered Nurse permanently assigned to
the Critical Care Unit who possesses a Coronary Care
Certificate issued by the American Heart Association or its
equivalent approved by the Health Services Department
and whose duties necessitate use of the Coronary Care
Certificate Skills shall be compensated at the Specialized
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Skill/Charge level. This provision shall apply to Registered
Nurses regularly assigned to the coronary care unit and
shall not apply to Registered Nurses assigned on a relief
basis.
SECTION 35 - JOINT ASSOCIATION/MANAGEMENT
MEETING
A. There shall be a Joint Association-Management
Meeting every other month unless mutually waived or
unless mutually agreed to meet more frequently.
Release time or appropriate overtime or paid straight
time will be provided for three (3) Association
representatives; the Chief Nurse Representative, the
Outpatient Nurse Representative and the FNP Nurse
Representative, or their designees. Management may
also have three (3) representatives; the Director of
Hospital Nursing, the director of Ambulatory Care
Nursing and the Health Services Department Personnel
Officer, or their designees. Both parties may agenda
items in advance of the meeting and management shall
provide reasonable information which is not confidential
nor legally protected with a minimum of two (2) weeks
advance notice. Other people may be invited to attend
such meetings if mutually agreed upon in advance.
Among issues for discussion shall be items related to
communication and trust.
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B. Upon request of the Association, the County agrees to
schedule meetings similar in concept for the Public
Health Division.
SECTION 36 - PROFESSIONAL PERFORMANCE
C MMITTEES
36.1 There shall be a single Health Services Registered
Nurse Professional Performance Committee which shall
consist of two subcommittees; one for inpatient Registered
Nurses and one for outpatient Registered Nurses.
The Committee(s) may consider and discuss issues and
subject matters of their own selection which are related to
patient care and nursing practice. The Committee(s) may
also formulate advisory recommendations and proposals
concerning such matters. The Committee(s) shall not
discuss economic matters, such as wages, hours and
other economic conditions which may be subject to meet
and confer.
36.2 The Inpatient Subcommittee may schedule one (1 )
regular meeting each month during working hours which
shall be scheduled to conflict as little as possible with
nursing services. The County will release from duty no
more than three (3) Registered Nurses assigned to the
day shift, two (2) Registered Nurses assigned to the
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evening shift and one (1 ) Registered Nurse assigned to
the graveyard shift for a period not to exceed two (2) hours
for attendance at such a meeting.
The Outpatient Subcommittee may schedule one (1 )
regular meeting each month during working hours,
provided that such meetings shall be scheduled to conflict
as little as possible with the clinic schedule and shall be
mutually agreeable to the County. The County will release
from duty no more than three (3) nurses for a period not to
exceed two (2) hours, including travel time.
The Committee(s) may decide to meet jointly in lieu of
separate meetings if particular issues or subjects call for
joint inpatient and outpatient consideration.
36.3 The Committee(s) shall maintain written minutes
and shall provide copies to the Director of Hospital Nursing
Services and Director of Ambulatory Care Nursing and
shall maintain copies in various locations for perusal by
Registered Nurses.
36.4 Employees who are not employed at the Health
Services Department may submit verbal - or written
advisory recommendations and proposals for improving
patient care to a designated representative of the
Department Head, and timely response will be provided.
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36.5 There shall be a separate Professional Performance
Committee for the Family Nurse Practitioners. The
Committee may consider and discuss issues and subject
matters of their own selection which are related to patient
care and nursing practice. The Committee 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 which may be subject to meet and
confer.
The Committee may schedule one regular meeting each
month during working hours which shall be scheduled to
conflict as little as possible with clinic schedules or
operational needs. The County will release from duty no
more than three (3) Family Nurses Practitioners for a
period not to exceed two (2) hours, including travel time,
for attendance at such a meeting.
The Committee shall maintain written minutes and shall
provide copies to the designated supervisor(s) of . the
Family Nurse Practitioners in the Hospital and Clinic and
Public Health Divisions and shall maintain copies in
various locations for perusal by the Family Nurse
Practitioners.
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SECTION 37 - NOTICE OF HIRES AND SEPARATIONS
The County agrees to periodically mail to California
Nurses Association the name, classification, and date of
hire or termination of employees in classifications
represented by California Nurses Association.
SECTION 38 - 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
Human Resources Director 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:
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A. If an examination has been announced for the class
and recruitment of applicants is in process, the Human
Resources Director 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.
All decisions of the Human Resources Director relative
to provisional appointments are final and not subject to
the grievance procedure.
SECTION 39 - PERSONNEL FILES
An employee shall have the right to inspect and review the
employee's departmental personnel file upon request at
reasonable times and for reasonable periods during the
regular business hours of 8:00 a.m. to 5:00 p.m.
Documentation in the personnel file relating to the
investigation of a possible criminal offense, and such
Calif Nurses Association -163- 1996-1999 MOU
information or letters of reference shall be specifically
excluded from such inspection and review.
SECTION 40 - 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 the department
head to attend a meeting concerning County business
or County affairs.
B. When the employee is required to be out of the 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
honored guests at banquets or other official functions.
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E. When the employee is required to work three (3) or
more hours of overtime; in this case the employee 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 41 - 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 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
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1
automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of
duty.
E. The loss or damage was not a result of negligence or
lack of proper care by the employee.
F. The personal property was necessarily worn or carried
by the employee in order to adequately fulfill the duties
and requirements of the job.
G. The loss or damage ' to employees' eyeglasses,
dentures or other prosthetic devices did not occur
simultaneously with a job connected injury covered by
Workers' Compensation.
H. The amount of reimbursement shall be limited to the
actual cost to repair damages. Reimbursement for
items damaged beyond repair shall be limited to the
actual value of the item at the time of loss or damage
but not more than the original cost.
I. The burden of proof of loss rests with the employee:
J. Claims for reimbursement must be processed in
accordance with the Administrative Bulletin on
Compensation for Loss or Damage to Personal
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Property.
SECTION 42 - 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 43 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair
labor practice as defined in Board of Supervisor's
Resolution No. 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 44 - 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,
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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 re-employed in a permanent County
position, or is re-employed 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 45 - 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 the same rate as for full time
employees providing they work at least forty percent (40%)
of full time (i.e. 16/40). If the employee works at least fifty
percent (50%) of full time, County retirement participation
is also included.
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SECTION 4 - PERMANENT-INTERMITTENT
EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
Each person appointed to a permanent-intermittent
Registered Nurse position shall be given an information
sheet. which lists the terms and conditions of employment
and employee benefits.
SECTION 47 - PERMANENT-INTERMITTENT
EMPLOYEES HEALTH PLAN
A permanent-intermittent employee may participate in the
County Group Health Plans 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.
Calif Nurses Association -169- 1996-1999 MOU
SECTION 48 - 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.
A provisional employee may participate in the County
Group Health Plans 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.
-$ECTION 49 - LUNCH PERIOD/REST BREAK
Hospital Nurses scheduled to work a full shift (eight [8]
hours within a spread of eight and one half (8'/2) hours
shall receive not less than one half (1/2) hour for lunch. If
such nurse is required to work during all or any portion of
the lunch period, such time worked shall be paid at the
rate of time and one half (11/2), provided the nurse actually
works a full shift.
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Nurses with one half hour (1/2) hour lunch at the hospital
shall receive priority service over non-employees in the
hospital cafeteria.
There is no change in shift hours for nurses employed at
Juvenile Hall or the Detention Facility; those remaining on
a straight eight (8) hour shift are always in a pay status
and on duty during lunch and are not permitted to leave
the facility without the consent of their supervisor.
Nurses are entitled to a ten (10) minute rest break during
each four (4) hour working period, and said rest break may
be taken at any time during the four (4) hour period. In no
event shall there be more than two (2) rest breaks during
one shift. Nurses shall coordinate rest breaks with the
Nursing Program Manager, or designee in accordance
with patient care needs.
SECTION 50 - FAMILY NURSE PRACTITIONERS
50.1 Administrative Time
A. All Family Nurse Practitioners (FNPs) in the Hospital &
Clinics Division will be granted four (4) hours per week
of administrative time as part of the regular schedule.
Administrative time will not be prorated for part-time
FNPs. Fifty percent (50%) of the administrative time
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per month for each FNP will be "at risk" to fill in
primarily for FNPs for scheduled and/or unscheduled
absences and/or for any absences for urgent care,
small clinics with two (2) or fewer providers, the
detention facilities or other clinics at the discretion of
the appointing authority or designee. The "at risk" time
will be so designated on the schedule.
In the Public Health Division, FNP's will be granted
administrative time on a pro rata basis and will be
expected to continue to cover for FNP absences as
needed.
B. The regular schedule for each FNP may include one
four (4) hour evening clinic per week and one weekend
assignment every eight (8) weeks, consisting of four
(4) to eight (8) hours. FNPs with twenty (20) years of
service may volunteer to be included in 'weekend
assignments. However, in the event there are
insufficient FNP staff to cover weekend assignments,
the provisions outlined above regarding one weekend
assignments in eight (8) weeks may be temporarily
waived.
In lieu of overtime and shift differential, any hours
worked in Hospital and Clinic Division assignments in
excess of eight (8) hours per day or forty (40) hours
per week will be paid at the straight-time overtime rate
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(1 .05). All evening and weekend assignments in the
Hospital and Clinics Division will be paid an additional
$9.00 per hour.
FNPs assigned to work on a holiday will not be paid
the $9.00 per hour evening/weekend differential, but
instead receive time and one-half holiday pay.
50.2 M i n
An FNP who attends a Medical Staff meeting before
8:00 AM or after 5:00 PM on a day for which he/she is
otherwise scheduled to work, will be compensated at
the appropriate rate of pay. The division head for
mid-level practitioners will be compensated for
attending noon meetings of the Medical Executive
Committee. FNP's will be compensated for
attendance at other noon meetings only if attendance
is mandated by the appointing authority or designee.
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
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show proof of having had two (2) negative chest x-rays at
least one (1 ) 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 - FLOATING COMMITTEE
Upon request of either party to this Agreement, the
Department and the Association shall appoint an equal
number of representatives who shall meet to discuss
practices and policies relating to Floating for Registered
Nurses.
SECTION 53 - LEAVE DENIALS
Any properly submitted request for educational leave,
vacation leave, or other leave of absence covered by this
MOU shall normally not be denied without written
explanation.
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SECTION 54 - STAT-CALL
A ten percent (10%) base salary differential shall be paid
for those shifts on which employees in classifications
represented by CNA 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 said employees
qualify for other hazard assignment differential, said five
percent (5%) to be in addition to the hazard pay
differential.
It is understood that acceptance of the assignment to stat-
call is voluntary. Additionally, acceptance of the
assignment to stat-call is conditional on an employee(s)
having successfully completed required training. It is
further understood that the above-referenced salary
differential is based on an employee(s) actually being
assigned to stat-call.
SECTION 55 - SPECIAL STUDIES
A. Grievance Procedure. Following completion of
these negotiations representatives of the County shall
meet and confer with representatives of the Labor
Coalition in order to develop rules and guidelines
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governing the conduct and administration of Adjustment
Boards.
B. Wellness Incentive Proar� 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, 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
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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.
rogram.-R f rr I. The parties agree to refer the contents of this
proposal to the Wellness Committee for its consideration.
C. Bi-Weekday Periods. The County shall present to
the Labor Coalition a comprehensive proposal for
replacement of the current system of monthly pay with a
bi-weekly (every other week) pay system.
The Labor Coalition agrees to commence meet and confer
on those elements in the proposed bi-weekly payroll
system which are within the scope of bargaining and/or on
the impact of replacing the current monthly pay system
with a bi-weekly system. Any implementation of a bi-
weekly pay system must be by mutual agreement of the
parties.
Meet and confer on bi-weekly pay may also include as
applicable discussion on (1 ) the pro-ration of vacation and
Calif Nurses Association -177- 1996-1999 MOU
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.
E. 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, pro-ration 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 56 - 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
Calif Nurses Association -178- 1996-1999 MOU
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 57 - SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISION
57.1 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.
57.2 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 re.main
in full force and effect for the duration of this MOU.
Calif Nurses Association -179- 1996-1999 MOU
57.3 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. 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 and as such remain in full force and
effect.
57.4 Duration of Aareement. This Agreement shall
continue in full force and effect from January 1 , 1996 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.
Date:
CONTRA COSTA COUNTY CALIFORNIA NURSES
ASSN.
Calif Nurses Association -180- 1996-1999 MOU
C
Calif Nurses Association -181- 1996-1999 MOU
ATTACHMENT A
SE L Health Services Department
Personnel Services
OFFICE OF THE DIRECTOR
Administrative Offices
597 Center Avenue,Suite 260
O. +':r:A+'1 + ,�
Martinez,California 94553-2658
y �p (510)313-6600
OOST'� COUIZ�
November 1, 1994
Karen Kennedy
Labor Representative
California Nurses Association
8393 Capwell Drive 1200
Oakland, CA 94621
RE: CLINICAL LADDER COMMITTEE
Dear Ms. Kennedy:
This is to confirm agreement reached regarding establishment of a
Clinical Ladder Committee as described hereunder:
PURPOSE:
The committee will be challenged with the responsibility for
developing a mechanism whereby nurses are given recognition and
reward for clinical competence, knowledge and performance.
GOAL:
The recognition of excellence in nursing practice is one of the
significant and essential means by which to secure a higher level
of expertise in the delivery of nursing care to patients and
families.
It is the goal of the Health Services Department to provide nursing
staff with a mechanism to achieve clinical advancement thereby
encouraging nurses to remain in the clinical setting providing
direct services to patients.
It is our expectation that this advancement will contribute to
increased job satisfaction through the responsibility, achievement,
professional growth and recognition of their practice. -
CLINICAL LADDER DEVELOPMENT:
The committee will develop the following components of the clinical
ladder:
Karen Kennedy
RE: MERRITHEW CARE DELIVERY MODEL
November 1, 1994
Page 2
- Criteria
- Application process
- Evaluation system
- Selection procedure by the Committee with confirmation
of appointment by the Director of Nursing
- Continuing eligibility
- Constructive feedback to candidates not selected
- Appeal process
- Compensation
The committee shall be composed of four (4) nurses chosen by the
Association and four (4) members chosen by the County. Health
Services Personnel shall be available on an advisory basis without
voting rights. Such services shall be available upon the request
of the committee. The committee shall make its recommendations no
longer than six (6) months after ratification of the new agreement.
Adoption of the clinical ladder shall be by mutual agreement only
and subject to the approval of the Board of Supervisors.
If this conforms to your understanding, please indicate your
agreement by signing in the space provided below.
Sincerely,
Lois Ellison
SIS Personnel Officer
Confirmed
Ka en Kennedy IJ
Labor Representative, Chd
ATTACHMENT B
SE L Health Services Department
-- `` = � Personnel Services
OFFICE OF THE DIRECTOR
' Administrative Offices
597 Center Avenue,Suite 260
-, Martinez.California 94553-2658
(510)313-6600
OST'9 C6oUt1
November 1, 1994
Karen Kennedy
Labor Representative
California Nurses Association
8393 Capwell Drive 1200
Oakland, CA 94621
RE: ACUITY BASED STAFFING
Dear Ms. Kennedy:
This is to confirm agreement reached regarding acuity based
staffing.
Merrithew Memorial Hospital will continue its current practice of
staffing based on an acuity system, in conformance with
accreditation and licensure requirements of JCAHO and Title XXII.
A staffing manual describing the acuity system will be maintained
on each nursing unit and in nursing administration.
A joint committee will be convened for the purpose of establishing
an annual review module of the patient classification system. The
committee shall be composed of equal numbers of labor and
management designated representatives who have been assigned
responsibility for acuity and staffing decisions. The Charge Nurse
for each unit/shift or designee will serve as the expert resource
to other staff on issues relating to the acuity system.
Problems or concerns about the acuity system should be referred to
the Professional Performance Committee (PPC) , as provided for in
Section 35. The Director of Nursing or designee will meet with the
PPC upon request at a mutually agreeable time to discuss issues
related to patient care and nursing practice.
Hours of the charge nurses that are not available for patient care
shall not be counted in the hours per patient shift.
- 1 -
Karen Kennedy
RE: ACUITY BASED STAFFING
,November 1, 1994
Page 2
If this conforms to your understanding, please indicate your
agreement by signing in the space provided below.
Sincerely,
Lois Ellison
HSD Personnel Officer
LE:mk.
Confirmed
-;���& AA A
Ka en Kennedy
Labor Representative, CN
ATTACHMENT C
S E Health Services Department
Personnel Services
" _- OFFICE OF THE DIRECTOR
Administrative offices
597 Center Avenue,SuRe 260
Martinez,California 94553-2658
y X04 (510)313-6600
Sr'4 COUIy�
November 1, 1994
Karen Kennedy
Labor Representative
California Nurses Association
8393 Capwell Drive 1200
Oakland, CA 94621
RE: MERRITHEA CARE DELIVERY MODEL
Dear Ms. Kennedy:
This is to confirm agreement reached regarding the Merrithew Care
Delivery Model.
The parties agree to create a Labor-Management Committee to
continue to develop the Merrithew Care Delivery Model, with the
goal of improving patient care at Merrithew Memorial Hospital.
The Committee will evaluate the current provisions of the pilot
program and work to further develop the program and communicate the
principles of the program to all nursing staff. Each committee
member shall have an equal voice in meetings and will be expected
to communicate with nurses in his/her area regarding the issues and
progress of the Committee through verbal and/or written status
reports generated by the Committee. Final recommendations of the
Committee will be submitted to the Director of Nursing for
approval. Once the program is finalized, the Committee will be
charged with developing materials documenting the details of the
program and communicating these details throughout all applicable
units in the Hospital to ensure uniform adoption of the program.
The Committee will be composed of fourteen employees, seven of whom
will be designated by the Association. The Director of Nursing
will designate a chairperson for the Committee who shall provide
her with regular status reports. Copies of the final material
developed by the Committee will be given to the Director of Nursing
and to CNA's representative.
- 1 -
Karen Kennedy
RE: MERRITHEW CARE DELIVERY MODEL
November 1, 1994
Page 2
If this conforms to your understanding, please indicate your
agreement by signing in the space provided below.
sincerely,
Lois Ellison
E.D.d.Personnel Off icer
Confirmed
Ka en Kennedy
Labor Representative, CNA
ATTACHMENT D
Tentative Agreement
Wages & Health Plan Adjustments
The County and the members of the Labor Coalition agroe 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. Wages
Effective July 1, 1994, increase salary by 10 levels(1.0045°36).
Effective January 1, 1995, increase salary by 10 levels(1.0045%). Any net savings
schievcd by the County from the r+c gwxmcnt of the 1st Choice Health Plan by the
Qua.Wod Hearth Plan for those eligible to a salary ia=ase ss pmmded henin and which is
above the cost of the 20 kvcl salary increase shall be added to the 1%salary increase
cff= ivc Jarnixy 1, 1995.1-m California Nmaes Amoaation,IAFF Local[1230, and the
Union of American Phy=ans and Dentists are adudod from these wage incrascs and
vkven ion calculations. The savings shall be computed on a per cap basis as follows:
a. The Count`s"odg'mal cost"shall be computed by adding together the gross subvcntion
for each represented employee in 1st Choice for the month of 10-01-93, the sum then
increased by 14%.
b. The County's "current cosi"shall be computed by adding together the gross mbvt'n-
tions of each represented employee who transferred from 1 st 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 790/o
QualMed PPO = County share 77%to October 31, 1994.
Delta Dental = Increase annual maximum benefit per member from 51,000 to $1,200.
4. Kaiser Copays
Effective February 1, 1994:
Kaiser Office Visit = $3.00; Kaiser Drugs = $3.00
5. 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
'Be County proposal on Wellness presented 1/6/94 is accepted and is effective February 1,
1994.
8. 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 Enrollment 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 /
SEL Health Services Department
Personnel Services
/ OFFICE OF THE DIRECTOR
• �/ Administrative Offices
597 Center Avenue,Suite 260
Martinez,California 94553-2658
c� (510)313-6600
STS COUK
September 12, 1996
Joe Lindsey
Labor Representative
California Nurses Association
8393 Capwell Drive#200
Oakland,CA 94621
RE: PERMANENT INTERMITTENT AND PART-TIME REGISTERED NURSES AND FAMILY
NURSE PRACTITIONERS
Dear Mr. Lindsey:
This is to confirm agreement reached regarding increases in hours for Registered Nurses and Family Nurse
Practitioners.
Permanent intermittent and permanent part-time employees of the Hospital and Clinics Division who wish
to have the hours of their positions increased up to a maximum of full-time must so request in writing
during a thirty (30) day period beginning as follows: December 1, 1996, August 1, 1997, April 1, 1998,
October 1, 1998 and April 1, 1999.
Hospital and Clinic Administration will evaluate those requests within thirty (30) days of the application
deadline by considering the actual work hours of the employee over the past six months and the anticipated
need for their assignment on an increased basis. Those which are approved will be submitted for
consideration by the County as a P-300 request within an additional sixty(60)days.
If this conforms to your understanding, please indicate your agreement by signing in the space provided
below.
Sincerely,
Roge L. ong
HSD Personnel Officer
Confirmed/
Joe Lindsey
Labor Representative, CNA
A410 (12/901
Health Services Department
0�' Personnel Services
J / .. OFFICE OF THE DIRECTOR
Administrative Offices
597 Center Avenue,Suite 260
Martinez,California 94553-2658
p ,4� (510)313-6600
ST'9`CO U ty'C'1
August 21, 1996
Joe Lindsey, Labor Representative
California Nurses Association
393 Capwell Drive#200
Oakland,CA 94621
RE: AGREEMENTS REACHED DURING 1995/96 NEGOTIATIONS
This letter will confirm our agreement reached during 1995/1996 Negotiations regarding CNA Proposal 19 - Patient
Care:
Part 2: Assignment Despite Objection(TA July 1, 1996)
A. The PPC committee will be provided a copy of the draft ADO response form in order to submit any
suggested additions/changes to the Director of Nursing.
B. The department will respond to an employee within 14 days of filing an ADO.
C. A copy of the response shall be provided to the PPC chair.
Part 1: Orientation(TA July 30, 1996)
There will be a minimum of two (2) full shifts of orientation with a designated preceptor when a nurse is
assigned to a new unit on a permanent basis. A nurse who is being oriented will not be included in core staffing for
the unit.
If this conforms to your understanding,please indicate your agreement by signing in the space provided below.
Sincerely,
Roger . ng,
Health Services Personnel Officer
Confirmed:
Joe Lindsey, Lab., epresentat)4e
California Nurses Association
A410 (12/90)