HomeMy WebLinkAboutMINUTES - 09091997 - C62 THE BOARD:-OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 9, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
Subject:
Approval of the 1995-1999 Memorandum of )
Understanding with SEIU Local 535 )
Service Line Supervisors Unit ) Res. No. 97/ 464
The Contra Costa Board of Supervisors RESOLVES THAT:
1. 0'n November 19, 1996 the Labor Relations Manager submitted a Letter of
Understanding dated November 14, 1996 which reflected negotiated agreements
reached between the parties on terms and conditions of employment affecting
employees represented by SEIU Local 535 Service Line Supervisors Unit.
2. The Memorandum of Understanding with SEIU Local 535 Service Line
Supervisors Unit incorporating the agreed-upon terms and conditions mentioned
above is attached.
3. This Board having considered said Memorandum of Understanding, the same is
approved.
A. If an Ordinance(s) is required to implement any of the foregoing provisions, the
Board of Supervisors will adopt said Ordinance(s).
5. This Resolution is effective as of October 1, 1995.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED September 9, 1997
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
By �. ��//� Deputy
Orig. Dept: Human Resources Department (Kathy Ito at 5-1785)
cc: Labor Relations Unit
Auditor-Controller's Office
Social Service Department
SEIU Local 535
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
SERVICE LINE SUPERVISORS UNIT
OCTOBER 1 , 1995 - SEPTEMBER 30, 1999
SEIU LOCAL 535
SERVICE LINE SUPERVISORS UNIT
TABLE OF CONTENTS
SECTION 1 ' UNION RECOGNITION.................................................... 5
SECTION 2 UNION SECURITY
2.1 Dues Deduction................................................................. 5
2.2 Maintenance of Membership............................................ 5
2.3 Union Dues Form..............................................................6
2.4 Withdrawal of Membership............................................... 7
2.5 Communicating With Employees...................................... 7
2.6 Use of County Buildings................................................... 8
2.7 Advance Notice................................................................. 9
2.8 Written Statement for New Employees.......................... 10
SECTION 3 NO DISCRIMINATION.................................................... 10
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings................................................... 10
4.2 Union Representatives......................
4.3 Social Service Office Stewards...................................... 12
4.4 Department Notification.................................................. 12
SECTION 5 SALARIES
5.1 General Wage Increases................................................ 12
5.2 Pay Equity Implementation............................................. 13
5.3 Entrance Salary............................................................... 16
5.4 Anniversary Dates..................:
5.5 Increments Within Range............................................... 18
5.6 Part-Time Compensation................................................. 19
5.7 Compensation for Portion of Month............................... 19
5.8 Position Reclassification................
5.9 Salary Reallocation & Salary on Reallocation...............20
5.10 Salary on Promotion.......................................................22
5.11 Salary on Appointment From a Layoff List. 22
5.12 Salary on Involuntary Demotion.....................................22
5.13 Salary on Voluntary Demotion............. ..........................23
5.14 Transfer............................................. ...........................23
5.15 Pay for Work in Higher Classification.............................24
5.16 Payment...........................................................................26
5.17 Pay Warrant Errors.........................................................27
SECTION 6 . DAYS & HOURS OF WORK
6.1 Normal Work Week & Deviations........................
6.2 Staggered Work Schedule..............................................28
6.3 9/80 Schedules............................................................... 31
SECTION 7 PAID PERSONAL LEAVE.............................................31
SECTION 8 CALL BACK TIME.......................................................... 32
SECTION 9 ON-CALL DUTY.............................................::............... 32
SECTION 10 SHIFT DIFFERENTIAL................................................... 33
SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
11 .1 Workforce Reduction......................................................34
11 .2 Separation Through Layoff.............................................. 35
11 .3 Notice ..............................................................................41
11 .4 Special Employment Lists..............................................42
11 .5 Reassignment of Laid Off Employees............................42
11 .6 Further Study...................................................................42
SECTION 12 HOLIDAYS
12.1 Holidays Observed.................................... ...................43
12.2 Holidays Falling on Saturday or Sunday........................44
SECTION 13 VACATION
13.1 Vacation Allowance................................... . .... .............44
13.2 Vacation Accrual Rates..................................................45
13.3 Accrual During Leave Without Pay.................................45
13.4 Vacation Allowance for Separated Employees..............46
13.5 Vacation Preference.......................................................46
SECTION 14 SICK LEAVE
14.1 Purpose...........................................................................46
14.2 Credits to & Charges Against Sick Leave......................46
14.3 Policies Governing. Use of Paid Sick Leave..................47
14.4 Administration of Sick Leave.......................................... 51
14.5 Disability...:...................................................................... 54
SECTION 15 WORKERS' COMPENSATION
15.1 Workers' Compensation................................................. 59
15.2 Method of Integration......................................................62
15.3 State Disability.................................................................62
15.4 General Provisions....................
15.5 Procedures......................................................................63
15.6 Method of Integration......................................................64
15.7 Definition .........................................................................65
15.8 Conversion to the New SDI Program..............-:..............65
SECTION 16 CATASTROPHIC LEAVE BANK
16.1 Program Design..............................................................66
16.2 Operation.........................................................................67
SECTION 17 LEAVE OF ABSENCE
17.1 Leave Without Pa ....................................69
17.2 General Administration - Leaves of Absence................69
17.3 Furlough Days Without Pay............................................ 71
17.4 Military Leave.................................................................. 71
17.5 Family Care Leave or Medical Leave............................72
17.6 Medical Certification....................................................... 73
17.7 Intermittent Use of Leave...............................................73
17.8 Aggregate Use for Spouse............................................. 73
17.9 Definitions........................................................................ 74
17.10 Pregnancy Disability Leave............................................76
17.11 Group Health Plan Coverage......................................... 76
17.12 Leave Without Pay - Use of Accruals...........:................77
17.13 Leave of Absence Replacement.................................... 78
17.14 Leave of Absence Return...............................................78
17.15 Reinstatement From Family Care Medical Leave......... 79
17.16 Salary Review While on Leave of Absence................... 79
17.17 Unauthorized Absence.................................................... 80
17.18 Non-Exclusivity................................................................80
17.19 Time Off to Vote.............................................................. 80
SECTION 18 JURY DUTY AND WITNESS DUTY
18.1 Jury Duty............................ ............. 81
18.2 Witness Duty ........................................ 83
SECTION 19 HEALTH AND WELFARE, LIFE AND DENTAL CARE
19.1 County Programs............................................................ 83
19.2 Rate Information.............................................................. 84
19.3 Medicare Rates............................................................... 84
19.4 Partial Month................................................................... 84
19.5 Coverage During Absences............................................ 85
19.6 Retirement Coverage...................................................... 85
19.7 Deferred Retirement....................................................... 86
19.8 Dual Coverage................................................................88
19.9 Health Care Spending Account.....................::............... 88
19.10 Wellness Incentive Program........................................... 88
19.11 Child Care ....................................................................... 90
19.12 Confidentiality of Information/Records........................... 90
19.13 PERS Long Term Care................................................... 90
SECTION 20 PROBATIONARY PERIOD
20.1 Duration...........................................................................90
20.2 Classes With Probation Periods Over Six Months........ 91
20.3 Revised Probationary Period.......................................... 91
20.4 Criteria..........................................................
...................
91
20.5 Rejection During Probation............................................. 91
20.6 Regular Appointment...................................................... 92
20.7 Layoff During Probation..................................................93
20.8 Rejection During Probation of Layoff Employee............ 93
SECTION 21 PROMOTION
21 .1 Competitive Exam........................................................... 95
21 .2 Promotion Policy............................................................. 95
21 .3 Open Exam......................................................................95
21 .4 Promotion Via Reclass Without Examination................ 95
21 .5 Requirements for Promotional Standing........................ 96
21 .6 Seniority Credits.............................................................. 96
21 .7 Physical Examination Requirement............................... 97
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SECTION 22 TRANSFER
22.1 Transfer Conditions......................................................... 97
22.2 Transfer Without Examination........................................98
22.3 Transfer Policy ..................................... 99
22.4 Miscellaneous Assignments...........................................99
SECTION 23 RESIGNATIONS
23.1 Resignation in Good Standing...................................... 100
23.2 Constructive Resignation.............................................. 100
23.3 Effective Resignation.................................................... 101
23.4 Revocation .................................................................... 101
23.5 Coerced Resignations................................................... 101
SECTION 24 DISMISSAL, SUSPENSION & DEMOTION
24.1 Sufficient Cause for Action........................................... 102
24.2 Skelly Requirements......................................::............. 104
24.3 Leave Pending Employee Response........................... 105
24.4 Length of Suspension................................................... 105
24.5 Procedure on Disciplinary Action................................. 106
24.6 Employee Representation Rights................................. 106
SECTION 25 GRIEVANCE PROCEDURE
25.1 Definition and Procedural Steps................................... 107
25.2 Scope of Adjustment Board & Arbitration Decisions... 110
25.3 Time Limits.................................................................... 111
25.4 Compensation Complaints........................................... 111
25.5 Strike/Work Stoppage................................................... 112
25.6 Merit Board.................................................................... 112
25.7 Filing by Union............................................................... 113
25.8 Union Notification.......................................................... 113
SECTION 26 BILINGUAL PROVISIONS......
..................................... 113
SECTION 27 RETIREMENT CONTRIBUTION
27.1 Contributions................................................................. 113
27.2 Tier III Retirement Plan..........................:...................... 114
SECTION 28 TRAINING REIMBURSEMENT.............
....................... 119
SECTION 29 MILEAGE
29.1 Reimbursement Rate.................................................... 119
29.2 Regulations ................................................................... 120
SECTION 30 RESPITE LEAVE WITHOUT PAY............................... 120
SECTION 31 CONSERVATORSHIP DIFFERENTIAL...................... 120
SECTION 32 NOTICE OF NEW EMPLOYEES................................. 120
SECTION 33 PERSONNEL FILES
33.1 Inspection...................................................................... 121
33.2 Inspection Exclusions................................................... 121
33.3 Removal & Release of Material.................................... 121
33.4 Copies ....................
.......................................................
122
122
33.5 Employee Response.....................................................
SECTION 34 COUNSELING ...... 123
SECTION 35 PERFORMANCE EVALUATION
35.1 Purpose......................................................................... 124
35.2 Probationary Period...................................................... 124
35.3 Annual Evaluation......................................................... 124
35.4 Below Standard Evaluation........................................... 124
35.5 Discussion With Employee...........................................
35.6 Definitions of Ratings.....................................
35.7 Appeal Procedure.......................................................... 126
SECTION 36 SAFETY PROGRAM.................................................... 127
SECTION 37 FLEXIBLE STAFFING
37.1 Designation ................................................................... 128
37.2 Continuous Testing for Flexibly Staffed Classes......... 128
SECTION 38 STAFFING ALLOCATIONS & REASSIGNMENTS.... 130
SECTION 39 REIMBURSEMENT FOR MEAL EXPENSES............. 133
SECTION 40 PERSONAL PROPERTY REIMBURSEMENT........... 134
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SECTION 41 LENGTH OF SERVICE DEFINITION........................... 135
SECTION 42 SERVICE AWARDS..................................................... 136
SECTION 43 PERMANENT PART-TIME EMPLOYEE BENEFITS.. 136
SECTION 44 P-I EMPLOYEE BENEFITS........................................ 137
SECTION 45 P-1 EMPLOYEE HEALTH PLAN................................. 137
SECTION 46 PROVISIONAL EMPLOYEE BENEFITS..................... 137
SECTION 47 INDEMNIFICATION & DEFENSE OF COUNTY
EMPLOYEES................................................................ 138
SECTION 48 MODIFICATION & DECERTIFICATION.......... ............. 138
SECTION 49 UNFAIR LABOR PRACTICE
49.1 Filing.............................................................................. 139
49.2 Unfair Labor Practice - County..................................... 139
49.3 Unfair Labor Practice - Union....................................... 140
SECTION 50 DEPENDENT..CARE..................................................... 141
SECTION 51 SPECIAL STUDIES/OTHER ACTIONS
51 .1 Task Force .................................................................... 142
51 .2 Differentials ................................................................... 142
.
51 .3 Bi-Weekly Pay Periods................................................. 142
51 .4 Grievance Procedure..............................
SECTION 52 SPECIAL BENEFITS.........:.......................................... 143
SECTION53 ADOPTION ................................................................... 146
SECTION 54 SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
54.1 Scope of Agreement..................................................... 146
54.2 Separability of Provisions.............................................
54.3 Personnel Management Regulations........................... 147
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
SOCIAL SERVICES UNION, LOCAL 535
SERVICE LINE SUPERVISORS UNIT
This Memorandum of Understanding (MOU) is entered into
pursuant to the authority contained in Division 34 of the
Contra Costa County Board of Supervisors Resolution
81/1165'.and has been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is
the representative of Contra Costa County in employer-
employee relations matters as provided in Board Resolution
81/1165.
The parties have met and conferred in good faith regarding
wages, hours and other terms and conditions of employment
.for the employees in units in which the Union is the
recognized representative, have freely exchanged
information, opinions and proposals and have endeavored
to reach agreement on all matters relating to the
employment conditions and employer-employee relations
covering such employees.
This MOU shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendations of the
undersigned for salary and employee benefit adjustments
for the period commencing October 1 , 1995 and ending
,September 30, 1999.
SEW 535 SLS - 1 - 1995-99 MOU
DEFINITIONS:
Appointinq Authority: Department Head unless otherwise
provided by statute or ordinance.
Class: A group of positions sufficiently similar with respect
to the duties and responsibilities that similar. selection
procedures and qualifications may apply and that the same
descriptive title may be used to designate each position
allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
Coun : Contra Costa County.
Demotion: The change of a permanent employee to another
position in a class allocated to a salary range for which the
top step is lower than the top step of the class which the
employee formerly occupied except as provided for under
Transfer or as otherwise provided for in this MOU, in the
Personnel Management Regulations, or in specific
resolutions governing deep classifications.
Director of Human Resources: The person designated by
the County Administrator to serve as the Assistant County
Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or
reemployment or layoff list for a given classification.
SEW 535 SLS - 2 - 1995-99 MOU
Employ: A person who is, an incumbent of a position or
who is on leave of absence in accordance with provisions of
this MOU and whose position is held pending his/her return.
Employment List: A list of persons, who have been found
qualified for employment in a specific class.
Layoff List: A list of persons who have occupied positions
allocated to a class in the Merit System and who have been .
involuntarily separated by layoff or displacement, or
demoted by displacement, or have voluntarily demoted in
lieu of layoff or displacement, or have transferred in lieu of
layoff or displacement.
Permanent-Intermittent Position: Any position which
requires the services of an incumbent for an indefinite period
but on an intermittent basis, as needed, paid on an hourly
basis.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite period
but on a regularly scheduled less than full time basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time
limited program or service by reason of limited or restricted
funding. Such positions are typically funded from outside
sources but may be funded from County revenues.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range for
SEW 535 SLS - 3 - 1995-99 MOU
which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided
for under Transfer or as otherwise provided for in this MOU,
in the Personnel Management Regulations, or in specific
resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for
the regular full time, part-time or intermittent employment of
a person.
Reallocation: The act of reassigning an individual position
from one class to another class at the same range of the
salary schedule or to a class which is allocated to another
range that is within five percent (5%) of the top step, except
as otherwise provided for in the Personnel Management
Regulations, deep class resolutions or other ordinances.
Reclassification: The act of. changing the allocation of a
position by raising it to a higher class or reducing it to a
lower class on the basis of significant changes in the kind,
difficulty or responsibility of duties performed in such
position.
Reemployment List: A list of persons, who have occupied
positions allocated to any class in the Merit System and,
who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel
Management Regulations governing reemployment.
Resignation: The voluntary termination of permanent
service with the County from a position in the Merit System.
Temporary Employment: Any employment in the merit
system which will require the services of an incumbent for a
SEW 535 SLS - 4 - 1995-99 MOU
limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent
status in a position to another position in the same class in
a different department, or to another position in a class
which is allocated to a range on the salary plan that is within
five - percent (5%) at top step as the class previously
occupied by the employee.
SECTION 1 -UNION RECOGNITION
The Union is the formally recognized employee organization
for the Social Service First Line Supervisors' Representation
unit and such organization has been certified as such
pursuant to Chapter 34-12 of Board Resolution 81/1165.
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board Resolution
No. 81/1165, only a majority representative may have dues
deduction and as such the Union has the exclusive privilege
of dues deduction or agency fee for all employees in its
units.
2.2 Maintenance of Membership. All employees
represented by the, Union who are currently paying dues to
the Union and all employees in such unit who hereafter
become members of the Union shall as a condition of
continued employment pay dues to the Union for the
duration of this MOU and each year thereafter so long as the
Union continues to represent the classification to which the
SEW 535 SLS - 5 - 1995-99 MOU
employee is assigned, unless the employee has exercised
the option to cease paying dues in accordance with Section
2.4.
2.3 Union Dues Form. Employees hired into
classifications represented by the Union shall, as a condition
of employment at the time of employment, complete a Union
dues authorization card provided by the Union and shall
have deducted from their paychecks the membership dues
of the Union. Said employees shall have thirty (30) days
from the date of hire to decide if they do not want to become
a member of the Union. Such decision not to become a
member of the Union must be made in writing to the Auditor-
Controller with a copy to the Labor Relations Division within
said thirty (30) day period. If the employee decides not to
become a member of the Union, any Union dues previously
deducted from the employee's paycheck shall be returned
to the employee and said amount shall be deducted from
the next dues deduction check sent to the Union. If the
employee does not notify the County in writing of the
decision not to become a member within the thirty (30) day
period, he/she shall be deemed to have voluntarily agreed
to pay the dues of the Union.
Each such dues authorization form referenced above shall
include a statement that the Union and the County have
entered into an MOU, that the employee is required to
authorize payroll deductions of Union dues as a condition of
employment, and that such authorization may be revoked
within the first thirty (30) days of employment upon proper
written notice by the employee within said thirty (30) day
period as set forth above. Each such employee shall, upon
completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of
his or her right to revoke said authorization.
SEW 535 SLS - 6 - 1995-99 MOU
2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between August
11 1999 and August 31 , 1999, any employee assigned to a
classification represented by the Union may withdraw from
Union membership and discontinue paying dues as of the
payroll period commencing September 1 , 1999,
discontinuance of dues payments to then be reflected in the
October 10, 1999 paycheck. Immediately upon close of the
above mentioned thirty (30) day period the Auditor-
Controller shall submit to the Union a list of the employees
who have rescinded their authorization for dues deduction.
2.5 Communicating With Employees. The Union
shall be allowed to use designated portions of bulletin
boards, or display areas in public portions of County
buildings or in public portions of offices in which there are
employees represented by the Union, provided the
communications displayed have to do with matters within the
scope of representation and further provided that the
employee organization appropriately posts and removes the
information. The department head reserves the right to
remove objectionable materials after notification and
discussion with the Union.
Representatives of the Union, not on County time, shall be
permitted to place a supply of employee literature at specific
locations in County buildings if arranged through the
Department Head or designated representative; said repre-
sentatives 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.
SEIU 535 SLS - 7 - 1995-99 MOU
The Union shall be allowed access to work locations in
which it represents employees for the following purposes:
a. To post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
d. to represent an employee on a grievance, and/or to
contact a Union officer on a matter within the
scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area, and
the visit will not interfere with County services.
2.6 Use of County Buildings. The Union shall be
allowed the use of areas normally used for meeting
purposes for meetings of County employees during non-
work hours when:
a. Such space is available and its use by the Union is
scheduled twenty-four (24) hours in advance;
b. there is no additional cost to the County;
C. it does not interfere with normal County operations;
d. employees in attendance are not on duty and are
not scheduled for duty;
SEW 535 SLS - 8 - 1995-99 MOU
e. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The Union
shall maintain proper order at the meeting, and see that the
space is left in a clean and orderly condition.
The use of County equipment (other than items normally
used in the conduct of business meetings, such as desks,
chairs, ashtrays, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.7 Advance Notice. The Union shall, exceptincases
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.
On matters within the scope of representation the County
agrees that the Human Resources Department will notify a
Union's designee(s) when an issue within the scope of
representation is ,placed on the Board's agenda. If there is
insufficient time to meet and confer on an issue prior to the
Board's meeting, the item shall be deferred if so requested
by the. Union.
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.
SEW 535 SLS - 9 - 1995-99 MOU
2.8 Written Statement for New Employees. The
County will provide a written statement to each new
employee hired into. a classification which is in the Social
Service First Line Supervisors Unit that their classification is
represented by Local 535, and the name of a representative
of Local 535.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, political opinion, sex, sexual
orientation, or Union activities against any employee or
applicant for employment by the County or by-- anyone
employed by the County; and to the extent prohibited by
applicable State and Federal law there shall be no
discrimination because of age or physical disability.
SECTION 4 - SHOP STEWARDS AND OFFICIAL
REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated
as shop stewards or official representatives of the Union
shall be allowed to attend meetings held by County
agencies during regular working hours on County time as
follows:
a. If their attendance is required by the County at a
specific meeting;
b. if their attendance is sought by a hearing body for
presentation of testimony or other reasons;
SEW 535 SLS - 10 - 1995-99 MOU
c. if their attendance is required for meetings required
for settlement of grievances filed pursuant to
Section 25 - Grievance Procedure of this
Memorandum;
d. if they are designated as a shop steward, in which
case they may utilize a reasonable time at each
level of the proceedings to assist an employee to
present a grievance;
e. if they are designated as spokesperson or
representative of the Union and as such make
representations. or presentations at meetings or
hearings on . wages, salaries and .- working
conditions; provided in each case advance
arrangements for time away from the employee's
work station or assignment are made with the
appropriate department head or designee, and the
County agency calling the meeting is responsible
for determining that the attendance of the particular
employee(s) is required.
4.2 Union Representatives. The Union shall
designate three (3) representatives who shall be allowed
time off on County time up to five. (5) hours per week per
representative, for meetings during regular working hours
when formally meeting and conferring in good faith or
consulting with the Employee Relations Officer or other
management representatives on matters within the scope
of representation or for the reasons as provided in 4.1 .a-e.
above. In order to minimize disruptions due to the
representative's absence, the representative will coordinate
known work assignments with his/her Division Manager;
and, to the extent possible, the Department will coordinate
SEW 535 SLS - 11 - 1995-99 MOU
events within the representative's scope of responsibility
which may arise during the representative's absence.
4.3 Social Service Office Stewards. The Union ,may
designate three (3) stewards in the Social Service
Department who may be allowed to attend meetings held on
County time for the purposes provided in 4.1 .d above. In
order to minimize disruptions due to the steward's absence,
the steward will coordinate known work assignments with
his/her Division Manager; and, to the extent possible, the
Department will coordinate events within the steward's
scope of responsibility which may arise during the steward's
absence.
4.4 Department Notification. The Union shall notify in
writing the Department Head or designee of those persons
designated as official representatives and as stewards and
of any changes of such designations when made.
SECTION 5 - SALARIES
5.1 General Wage Increases
A. Effective July 1 , 1996 each 'represented
classification shall receive a general wage increase
of thirty (30) levels on the County Salary Schedule
(3.0439%).
B. Effective October 1 , 1997 each represented
classification shall receive a general wage increase
of twenty (20) levels on the County Salary
Schedule (2.0191 %) plus Tier III or thirty. (30)
levels on the County Salary Schedule (3.0439%).
0
SEW 535 SLS - 12 - 1995-99 MOU
C. Effective October 1 , 1998 each represented
classification shall receive a general wage increase
of thirty-five (35) levels _ on the County Salary
Schedule (3.4567%).
D. Lump Sum Payment. The July 1 , 1996 increase will
be paid in a Lump Sum Payment to each
employee for the months of July, August,
September, and October 1996, without interest,
computed as follows:
Employee regular pay, overtime pay and other.
earnings ordinarily computed as a percentage of
base pay will be added together for each
applicable pay period to determine the "Retro Pay
Base" (RPB). This base will then be multiplied by
three percent (3%) to arrive at the employee's lump
sum payment. The payment amount thus
computed will be added to the employee's
December 10, 1996 paycheck where it will be
listed separately as a "Lump Sum Payment" and
will be subject to normal tax withholding and
retirement deduction requirements.
5.2 New Pav 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
SEW 535 SLS - 13 - 1995-99 MOU
Master Agreement contained
provisions of the Pay Equity..;
herein shall stand separate from other terms and conditions
of employment which may be negotiated and adopted in this
MOU between the County and the individual participating
Employee Organizations, and that (2) the provisions of the
Pay Equity Master Agreement will remain in place as the
basis under which all represented pay equity classes will be
granted adjustments until all remaining classes reach the
trend line or until such time as the parties mutually agree to
modify or terminate this agreement.
This agreement shall be presented to the Contra Costa
County Board of Supervisors as the joint recommendation
of the undersigned. _
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 in below in 3. which will remain in effect
until all pay equity classes are adjusted to the trend
line, or until such time as the parties mutually
agree to modify or terminate this agreement.
3. Operation of Formula. The pay equity fixed payout
formula shall be computed as follows: The annual
value of the general salary increase for all
classifications represented only by the participating
Employee Organizations (CCCEA Local One,
AFSCME Locals 2700 and 512, SEIU Local 535,
SEW 535 SLS - 14 - 1995-99 MOU
California Nurses Association, Western Council of
Engineers and the Appraisers' Association) and
Management and Unrepresented employees, shall
be totaled and multiplied by a factor of twenty
percent (20%).
The fixed amount of money derived from this
calculation shall constitute the total pay equity
increase for all classes below the trend line
represented by. the participating Employee
Organizations and for all Management and
Unrepresented classes below the trend line.
The manner in which the pay equity increase will
be distributed to all represented classes below the
trend line shall be determined by the participating
Employee Organizations who shall consider only
(1 ) whether classes farthest from the .trend line
shall receive a greater percentage adjustment than
classes closer to the trend line, and (2) at what
percentage distance below the trend line to apply
any differing percentage adjustment.
If upon review, the County finds that the manner in
which the Employee Organizations have structured
the distribution is unacceptable, the County and
the Employee Organizations shall meet and confer.
4. Effective Dates. The County agrees that any pay ,
equity increases will be effective 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
SEW 535 SLS - 15 - 19.95-99 MOU
County or any agent,. servant, officer, or employee
of Contra Costa County and further promise that in
the event litigation advancing comparable worth or
pay equity claims is brought against the County or
any of its agents, servants, officers, or employees,
within five years from the effective date of this
agreement by any person(s) employed or formerly
employed in a class(es) represented by the
participating unions, the union(s) representing
such class(es) shall each pay up to five thousand
dollars ($5000) of the County's attorney fees and
costs; provided that the union is not named as a
co-defendant in such litigation.
5.3 Entrance Salary. New employees shall generally
be appointed at the minimum step of the salary range
established for the particular class of position to which the
appointment is made.
However, the appointing authority may fill a particular
position a step above the minimum of the range.
5.4 Anniversary Dates. Except as may otherwise be
provided for in deep class resolutions, anniversary dates will
be set as follows:
a. New Employees. The anniversary date of a new
employee is the first day of the calendar month
after the calendar month when the employee suc-
cessfully completes six (6) months service
provided however, if an employee began work on
the first regularly scheduled workday of the month
the anniversary date is the first day of the calendar
SEW 535 SLS - 16 - 1995-99 MOU
month when the employee successfully completes
six (6) months service.
b. Promotions. The anniversary date of a promoted
employee is determined as for a new employee in
Subsection 5.4.a above.
C. Demotions. The anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion was
effective.
d. Transfer, Reallocation and Reclassification. The
anniversary date of an employee who is transferred
to another position or one whose position has been
reallocated or reclassified to a class allocated to
the same salary range or to a salary range which
is within five percent (5%) of the top step of the
previous classification, remains unchanged.
e. Reemployments. The anniversary of an employee
appointed from a reemployment list to the first step
of the applicable salary range and not required to
serve a probation period is determined in the same
way as the anniversary date is determined for a
new employee who is appointed the same date,
classification and step and who then successfully
completes the required probationary period.
f. Transfer . Anniversary. Notwithstanding other
provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position
from outside the County's merit system at a rate
above the minimum salary for the employee's new
class, or who is transferred from another
SEW 535 SLS - 17 - 1995-99 MOU
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.
5.5 Increments Within Range. The performance of
each employee, except those employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set-- forth in
Section 5.4.to determine whether the salary of the employee
shall be advanced to the next higher step in the salary
range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing
authority may recommend denial of the increment or denial
subject to one additional review at some specified date
before the next anniversary which must be set at the time
submitted by the Appointing Authority.
Except as herein provided, increments within range shall not
be granted more frequently than once a year, nor shall more
than one (1) step within-range increment be granted at one
time, except as otherwise provided in deep class
resolutions. In case an appointing authority recommends
denial of the within range increment on some particular
anniversary date, but recommends a special salary review
at some date before the next anniversary the special salary
review shall not affect the regular salary review on the next
anniversary date. Nothing herein shall be construed to
make the granting of increments mandatory on the County.
SEW 535 SLS - 18 - 1995-99 MOU
If an operating department verifies in writing that an adminis-
trative 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.
5.6 Part-Time Compensation. A part-time employee
shall be paid a monthly salary in the same. ratio to the full
time monthly rate to which the employee would be entitled
as a full, time employee under the provisions of this Section
5 as the number of hours per week in the employee's part-
time work schedule bears to the number of hours in the full
time work schedule of the department.
The Social Service Department shall give reasonable
consideration to requests for part-time assignments.
5.7 Compensation for Portion of Month. Any
employee who works less than any full calendar month,
except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount which
is in the same ratio to the established monthly rate as the
number of days worked is to the actual working days in such
employee's normal work schedule for the particular month;
but if the employment is intermittent, compensation shall be
on an hourly basis.
5.8 Position Reclassification. An employee who is
an incumbent of a position which is reclassified to a class
which is allocated to the same range of the basic salary
schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as
the employee received under the previous classification.
SEW 535 SLS _ 19 - 1995-99 MOU
An incumbent of a position which is reclassified to a class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has
been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification.
The salary of an incumbent of a position which is
reclassified to a class which is allocated to a range of the
basic salary schedule greater than the range of the class of
the position before it was reclassified shall be governed by
the provisions of Section 5. 10 - Salary on Promotion.
5.9 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.
B. In the event that a classification is reallocated from
a salary range with more steps to a salary range
SEW 535 SLS - 20 - 19.95-99 MOU
with fewer steps on the salary schedule, apart from
the general salary increase or decrease described
in Section 5.9.A above, each incumbent of a
position in the reallocated class shall be placed
upon the step of the new range which equals the
rate of pay received before the reallocation. In the
event that the steps in the new range do . not
contain the same rates as the old range, each
incumbent shall be placed at the step of the new
range which is next above the salary rate received
in the old range, or if the new range does not
contain a higher step, at the step which is next
lower than the salary received in the old range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated to
a salary range the same as above or below the
salary range of the employee's previous class, the
incumbent shall be placed at the step in the new
class which equals the rate of pay received before
reallocation. In the event that the steps in the
range for the new class do not contain ,the same
rates as the range for the old class, the incumbent
shall be placed at the step of the new range which
is next above the salary rate received in the old
range; or if the new range does not contain a
higher step, the incumbent shall be placed at the
step which is next lower than the salary received in
the old range.
D. In the event of reallocation to a deep class, the
provisions of the deep class resolution and
incumbent salary allocations, if any, shall
supersede Section 5.9.
SEW 535 SLS - 21 - 1995-99 MOU
5.10 Salary on Promotion. Any employee who is
appointed to a position of a class allocated to a higher salary
range than the class previously occupied, except as
provided under Section 5.14, shall receive the salary in the
new salary range which is next higher than the rate received
before promotion. In the event this increase is less than five
percent (5%), the employee's salary shall be adjusted to the
step in the new range which is at least five percent (5%)
greater than the next higher step; provided, however, that
the next step shall not exceed the maximum salary for the
higher class. In the event of the appointment of a laid off
employee from the layoff list to the class from which the
employee was laid off, the employee shall be appointed at
the step which the employee had formerly attained in the
higher class unless such step results in a decrease in which
case the employee is appointed to the next higher step. If
however, the employee is being appointed . into a class
allocated to a higher salary range than the class from which
the employee was laid off, the salary will be calculated from
the highest step the employee achieved prior to layoff, or
from the employee's current step, whichever is higher.
5.11 Salary on Appointment From a Lavoff List. In
the event of the appointment of a laid off employee from the
layoff list to the class from which the employee was laid off,
the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless
such step results in an increase of less than five percent
(5%), in which case the salary shall be adjusted to the step
in the new range which is five percent (5%) greater than the
next higher step, if the new range permits such adjustment.
5.12 Salary on Involuntary Demotion. Any employee
who is demoted, except as provided under Section 5. 13,
SEW 535 SLS - 22 - 1995-99 MOU
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, can-
cellation of positions or displacement by another employee
with greater seniority rights, the salary of the demoted
employee shall be that step on the salary range which
he/she would have achieved had he/she been continuously
in the position to which he/she has been demoted, all within-
range increments having been granted.
5.13 Salary on Voluntary Demotion. Whenever any
employee voluntarily demotes to a position in a class having
a salary schedule lower than that of the class from which he
or she demotes, unless the Board provides otherwise by
resolution, his or her salary shall remain the .same if the
steps in his or her new (demoted) salary range permit, and
if not, new salary shall be set at the step next below former
salary.
5.14 Transfer. An employee who is transferred from
one position to another as described under "Transfer" shall
be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer. In
the event that the steps in the range for the new class do not
contain thesame 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
SEW 535 SLS - 23 - 1995-99 MOU
shall be placed at the step which is next lower than the
salary received in the old range.
Whenever a permanent employee transfers to or from a
deep class, as provided in the appropriate deep class
resolution, the salary of the employee shall be set as
provided in the deep class resolution at a step not to exceed
a five percent (5%) increase in the employee's base salary.
However, if the deep class transfer occurs to or from a deep
class with specified levels identified for certain positions and
their incumbents, the employee's salary in the new class
shall be set in accordance with the section on "Salary on
Promotion" if the employee is transferring to another class
or to a level in a deep class for which the salary is at least
five percent (5%) above the top base step of the deep class
level or class in which they have status currently.
5.15 Pay for Work in Higher Classification. When an
employee in a permanent position in the Merit System is
required to work in a classification for which the
compensation is greater than that to which the employee is
regularly assigned, the employee shall . receive
compensation for such work at the rate of pay established
for the higher classification pursuant to Section 5.10 - Salary
on Promotion of this MOU, commencing on the eighteenth
(18th) work day of the assignment, under the following
conditions:
a. The employee is assigned to a program service, or
activity established by the Board of Supervisors
which is reflected in an authorized position which
has been classified and assigned to the Salary
Schedule.
SEIU 535 SLS - 24 - 1995-99 MOU
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. Employees 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 MOU.
e. The appropriate authorization form has been
submitted by the Department Head at least fifteen
(15) days prior to the expiration of the seventeen
(17) day waiting period 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 (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.
SEW 535 SLS - 25 - 1995-99 MOU
I. 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. This
provision shall apply to Short Term Higher Level
Reassignments in deep classes.
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.
5.16 Payment. On the tenth (10th) day of each month,
the Auditor will draw a warrant upon the Treasurer in favor
of each employee for the amount of salary due the
employee for the preceding month; provided, however, that
each employee (except those paid on an hourly rate) may
choose to receive an advance on the employee's monthly
salary, in which case the Auditor shall, on the twenty-fifth
(25th) day of each month, draw his 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
SEW 535 SLS - 26 - 1995-99 MOu
the amount of the previous ;month's basic salary less all
requested or required deductions.
The election to receive an advance shall be made on or
before April 30 or October 31 of each year or during the first
month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the case of an election made pursuant to this Section
5.17, all required or requested deductions from salary shall
be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
5.17 Pay Warrant Errors. If an employee receives a pay
warrant which has an error in the amount of compensation
to be received and if this error occurred as a result of a
mistake by the Auditor-Controller's Department, it is the
policy of the Auditor-Controller's Department that the error
will be corrected and a new warrant issued within 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 in employee pay shall
be corrected as soon as possible as to current pay rate but
that no recovery of either overpayments or underpayments
to an employee shall be made retroactively except for the
two (2) year period immediately preceding discovery of the
pay error. This provision shall apply regardless of whether
the error was made by the employee, the Appointing
SEW 535 SLS - 27 - 1995-99 MOu
Authority or designee, the Director of Human Resources or
designee, or the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are excluded
from this section for both parties.
When the County notifies an employee of an overpayment
and a proposed repayment schedule, the employee may
accept the proposed repayment schedule or may request a
meeting through the County Human Resources Department.
If requested, a meeting shall be held to determine a
repayment schedule which shall be no longer than one and
one-half times (1 -1/2) the length of time the overpayment
occurred.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Normal Work Week & Deviations. The normal
work week of County employees is forty (40) hours between
12:01 a.m. Monday to 12:00 midnight Sunday, usually five
(5) eight (8) hour days; however, where operational
requirements of a department require deviations from the
usual pattern of five (5) eight (8) hour days per'work week,
an employee's work hours may be scheduled to meet these
requirements, but his 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.
6.2 Staggered Work Schedule. The Social Service
Department shall continue to operate a staggered work
schedule plan. Office hours shall remain open to the public
SEW 535 SLS - 28 - 1995-99 MOU
from 8:00 a.m. to 5:00 A. Monday through Friday.
Permanent full time employees shall have the option to
select, subject to prior approval of the department, an eight
(8) hour day, forty (40) hour workweek schedule consisting
of work hours which may be other than the normal 8:00 a.m.
to 5:00 p.m. or 4:30 p.m. work schedule. The following shall
serve as the basic criteria for the staggered shift:
a. All employees must be present at their office or
otherwise engaged in the duties of their position
during the core hours of 10:00 a.m. and 3:30 p.m.
b. Work schedules must remain within the hours of
7:00 a.m. and 7:00 p.m.
C. The selected staggered work schedule shall
consist of the same hours of work each day except
for when a schedule including one varying eight (8)
hour workday is necessary to provide "officer of the
day" coverage or for other specific circumstances
in which the department determines that such a
varying schedule is appropriate. The decision of
the Department Head or designee shall be final.
d. Lunch periods of one (1) or one half (1/2) hour shall
be scheduled. In the event that the employee
desires to change the scheduled lunch hour from
one (1) hour to one half (Y2) hour, or from one half
('/2) hour to one (1) hour, that change must be
approved in advance by the Department Head or
designee. Lunch periods shall be taken within one
(1) hour of the midpoint of the employee's
scheduled workday.
SEW 535 SLS - 29 - 1995-99 MOU
e. Each work unit designated by placement under a
single line supervisor shall have at least one line
worker in the office during the hours of 8:00 a.m.
to 5:00 p.m. Each such unit shall also have at
least one additional line worker in the office or
otherwise engaged in the duties of their positions
during the hours of 8:00 a.m. and 4:30 p.m. There
are two (2) situations in which exceptions may be
made to these minimum coverage provisions. Units
which are placed under a single supervisor but
which are split between two (2) or more buildings
may be clustered with another unit of a like
program function in the immediate work areas of
the same building for the purpose of maintaining
minimum coverage during the time period between
4:30 p.m. and 5:00 p.m. A unit of three (3) or fewer
workers may be clustered with another unit of a
like program function in the immediate work area
for purpose of maintaining minimum coverage,
provided that the total number of workers in the
units so clustered shall not exceed eight (8).
f. Each employee's proposed staggered schedule
must be submitted in writing and approved by the
Department Head or designee prior to
implementation.
g. Changes in staggered schedules shall be
requested in writing and must have the approval of
the Department Head or designee prior to
implementation.
h. Conflicting ' requests for schedules shall be
resolved by the Department Head whose decision
shall be final.
SEW 535 SLS - 30 - 1995-99WOU
I. In the. event coverage within a location becomes
temporarily reduced as a result of scheduling
revisions or absenteeism, employees will be.
expected to assure that the necessary functions
are performed, particularly the ' answering of
telephones.
j. It is understood that an individual employee's
schedule may be changed due to the needs of the
department.
k. In the event this staggered scheduling provision is
found by the department to be inconsistent with the
needs of the department, the department shall so
advise representatives of Local 535 and the
County and the Union shall meet and confer in an
attempt to resolve the inconsistency.
6.3 9/80 Schedules. The practice within the Social
Service Department governing the authorization for certain
employees to work a schedule of eight (8) nine (9) hour days
and one (1) eight hour day in . a two (2) week scheduling
period shall continue, unless the parties mutually agree to
changes in such practice.
SECTION 7 - PAID PERSONAL LEAVE
Effective January 1 , 1997, employees in the Social Services
First-Line Supervisors Unit will be credited with fifty (50)
hours of paid personal leave to recognize the fact that these
employees do not and will not receive payment for overtime.
Said fifty (50) hours must be used during the calendar year
in which credited and may not be carried forward. This paid
SEW 535 SLS - 31 - 1995-99 MOU
personal leave is separate from paid vacation and will be
accounted for accordingly. Upon separation from County
service, there shall be no payoff of unused personal leave
credits. Administration of paid personal leave shall be
administered in accordance with provisions of Administrative
Bulletin 323.
SECTION 8 - CALL BACK TIME
If approved by the County Administrator's Office, any
employee assigned to the Emergency Response Program
who is called back to duty shall be paid time and one-half for
the actual time worked plus one (1) hour. Such employee
called back shall be paid a minimum of two (2) hours at.time
and one-half for each call back.
SECTION 9 - ON-CALL DUTY
If approved by the County Administrator's Office, on-call duty
is any time other than time when the employee is actually on
duty during which an employee is not required to be on
County premises but stand ready to immediately report for
duty and must arrange so that his/her superior can reach
him/her on ten (1 0) .minutes notice or less. Any employee
assigned to the Emergency Response Program who is
assigned to on-call time shall be paid one (1) hour of straight
time credit for each four (4) hours on such on-call time.
Those positions which are on-call shall be designated by the
appointing authority whose decision is final. Assignment to
an on-call position shall be in accordance with Section 38.
SEW 535 SLS - 32 - 1995-99 MOU
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees
shall receive five percent (5%) above their base salary rate.
To qualify for shift differential, an employee must have a
regularly assigned daily work schedule which requires:
a. Completion of more than one and one-half (1 -1/2)
hours over the normal actual working time; or
b. At least four (4) hours of actual working time from
5:00 p.m. through 9:00 a.m. inclusive.
However, employees who have been regularly
working a shift qualifying for shift differential
immediately preceding the commencement of a
vacation, paid sick leave period, paid disability or
other paid leave, will have shift differential included
in computing the pay for their leave. The paid
leave of, an employee who is on a rotating shift
schedule shall include the shift differential that
would have been received had the employee
worked the shift for which the employee was
scheduled during such period.
Shift differential shall only be paid during paid sick
leave and paid disability as provided above for the
first thirty (30) calendar days of each absence.
SEW 535 SLS - 33 - 1995-99 MOU
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 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).
SEW 535 SLS - 34 - . 1995-99 MOU
f .
f. Review various alternatives which will help mitigate
the impact of the layoff by working through the
Tactical Employment Team program (TET) to:
1 . Maintain an employee skills inventory bank to
be used as a basis for referrals to other
employment opportunities.
2. Determine if there are other positions to which
employees may be transferred.
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
Employee Relations Officer that the Board of
Supervisors may take action which will result in the
layoff of employees in a representation unit, the
Employee Relations Officer shall notify the Union
of the possibility of such layoffs and shall meet and
confer with the Union regarding the implementation
of the action.
11 .2 Separation Through Lavoff
A. Grounds for Layoff. Any employee(s) having
permanent status in position(s) in the Merit System
may be laid off when the position is no longer
necessary, or for reasons of economy, lack of
SEW 535 SLS -_35 - 1995-99 MOu
work, lack of funds or for such other reason(s) as
the Board of Supervisors deems sufficient for
abolishing the position(s).
B. Order of Layoff. The order of layoff in a department
shall be based on inverse seniority in the class of
positions, the employee in that department with
least seniority being laid off first and so on.
C. Layoff By Displacement.
1 . In the Same Class. A laid off permanent full
time employee may displace an employee in
the department having less seniority in the
same class who occupies a permanent-
intermittent or permanent .part-time position,
the least senior employee being displaced
first.
2. In the Same Level or Lower Class. A laid off
or displaced 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 Displacing.
1 . Permanent-intermittent and permanent part-
time employees may displace only employees
SEW 535 SLS - 36 - 1995-99 MOU
holding permanent positions of the same type
respectively.
2. A permanent full time employee may displace
any intermittent or part-time employee with
less seniority 1) in the same class or, 2) in a
class of the same or lower salary level if no full
time employee in a class at the same or lower
salary level has less seniority than the
displacing employees.
3. Former permanent full time employees who
have voluntarily become permanent part-time
employees for the purpose of reducing the
impact of a proposed layoff with the written
approval of the Director of Human 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 percent (5%) of the
former class, as provided in Personnel
Management Regulations Section 305.2, shall
carry the seniority accrued in the former class into
SEW 535 SLS - 37 - 1995-99 MOU
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 as provided 'in Personnel_ Management
Regulations Section 305.2 and seniority accrued in
other classes which have been included in the
deep class. Service for layoff and displacement
purposes includes only the employee's last
continuous . permanent County employment.
Periods of separation may not be bridged to extend
such service unless the separation is a--result of
layoff in which case bridging will be authorized if
the employee is reemployed in a permanent
position within ' the period of layoff . eligibility.
Approved leaves of absence as provided for in
these rules and regulations shall not .constitute a
period of separation. In the event of ties in seniority
rights in the particular class in question, such ties
shall be broken by length of last continuous
permanent County employment. If there remain
ties in seniority rights, such ties shall be broken by
counting total time in the department in permanent
employment. Any remaining ties shall be broken
by random selection among the , employees
involved.
F. Eligibility for Layoff List. Whenever any person who
has permanent status is laid off, has been
displaced, has been demoted by displacement or
has voluntarily demoted in lieu of layoff or
displacement, or has transferred in lieu of layoff or
displacement, the person's name shall be placed
SEW 535 SLS - 38 - 1995-99 MOU
on the layoff list for. the class of positions from
which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall
contain the names of persons laid off, displaced,
or demoted as a result of a layoff or displacement,
or who have voluntarily demoted or transferred in
lieu of layoff or displacement or who have
transferred in lieu of layoff or displacement. Names
shall be listed in order of layoff seniority in the
class from which laid off, displaced, 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 whore there
is a class seniority tie between persons laid off
from different departments, the tie(s) shall be
broken by length of last continuous permanent
County employment with remaining ties broken by
random selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The
name of any person granted reemployment
privileges shall continue on the appropriate list for
a period of two (2) years. Persons placed on layoff
lists shall continue on the appropriate list for a
period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff
lists contain the name(s) of person(s) laid off,
displaced or demoted by displacement or
voluntarily demoted in lieu of layoff or displacement
or transferred in lieu of layoff or displacement.
When a request for personnel is received from the
appointing authority of a department from which an
eligible(s) was laid off, the appointing authority
SEW 535 SLS - 39 - 1995-99 MOU
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.
1 . The Director of Human Resources may
remove the name of any eligible from a
reemployment or layoff list for any reason
listed below:
a. For any cause stipulated in Section 404.1
of the Personnel Management
Regulations.
b. On evidence that the eligible cannot be
located by postal authorities.
c. On receipt of a statement from the
appointing authority or eligible that the
eligible declines certification or indicates
no further desire for appointment in the
class.
d. If three (3) offers of permanent
appointment to the class for which the
SEIU 535 SLS - 40 - 1995-99 MOU
eligible list was established have been
declined by the eligible.
e. If the eligible fails to respond to the
Director of Human Resources or the
appointing authority within ten (1.0) days
to written notice of certification mailed to
the person's last known address.
2. 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.
3. However, if the first permanent appointment of
a person on a layoff list is to a lower class
which has a top step salary lower than the top
step of the class from which the person was
laid off, the name of the person shall not be
removed from the layoff list. Any subsequent
appointment of such person from the layoff list
shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff
Certifications. The Director of Human Resources
may remove the name of any eligible from a
reemployment or layoff certification if the eligible
fails to respond within five (5) days to a written
notice of certification mailed to the person's last
known address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
SEW 535 SLS - 41 - 1995-99 MOU
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 Employees.
Employees who displaced within the same classification
from full time to part-time or intermittent status in a layoff, or
who voluntarily reduced their work hours to reduce the
impact of layoff, or who accepted a position of another
status than that from which they were laid off upon referral
from the layoff list, may request reassignment back to their
pre-layoff status (full time or part-time or increased hours).
The request must be in writing in accord with each
department's reassignment bid or selection process.
Employees will be advised of the reassignment procedure
to be followed to obtain reassignment back to their former
status at the time of the workforce reduction. The most
senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when
a more senior laid off individual remains on the layoff list and
has not been appointed back to the class from which laid off,
a referral from the layoff list will be made to fill the vacancy.
11 .6 Further Study. The County agrees to meet with the
Labor Coalition for study of the concept of employee's
waiver of displacement rights in a layoff.
SEW 535 SLS - 42 - 1995-99 MOU
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
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may
by resolution designate as holidays.
B. Each full time employee shall accrue two (2) hours
of personal holiday credit per month. Such
personal holiday time may be taken in increments
of one-half (1/2) hour, and preference of personal
holidays shall be given to employees according to
their seniority in their department as reasonably as
possible. No employee may accrue more than forty
(40) hours of personal holiday credit.
C. Permanent part-time employees shall receive
personal holiday credit in the same ratio to the
personal holiday credit given full time employees
as the number of hours per week in the part-time
employee's schedule bears to the number of hours
in the regular full time schedule.
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D. Employees shall accrue their personal holiday
credit during months they are in pay status
provided however that 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
credits at the employee's then current pay rate.
E. Employees in positions which work around the
clock shall continue to celebrate Admission Day,
Columbus Day, and Lincoln's Birthday.
12.2 Observation of Holidays Falling on Saturday or
Sunday. .If any holiday listed in Section 12.1 .A above falls
on a Saturday, it shall be observed on the preceding Friday.
If any holiday listed in Section 12.1 .A falls on a Sunday, it
shall be observed on the following Monday.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent
positions are entitled to vacation with pay. Accrual is based
upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a per-
manent 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 5.7 of this
MOU. Vacation may be taken in increments of one-half
(1/2) hour. Vacation may not be taken during the first six (6)
months of employment (not necessarily synonymous with
probationary status) except where sick leave has been
SEW 535 SLS - 44 - 1995-99 MOU
exhausted; and none shall be allowed in excess of actual
accrual at the time vacation is taken.
Vacation Leave on Reemployment From a Layoff List.
Employees with six (6) months or more service in a
permanent position prior to their layoff, who are employed
from a layoff list, shall be considered"as having completed
six months tenure in a permanent position for the purpose
of vacation leave. The appointing authority or designee will
advise the Auditor-Controller's Payroll Unit in each case
where such vacation is authorized so that appropriate
Payroll system override actions can be taken.
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a
pro-rata basis as provided in Section 36-1 .006 of Board
Resolution 81/1165.
13.3 Vacation Accrual During Leave Without Pay. No
employee who has been granted a leave without pay or
unpaid military leave shall accrue any vacation credit during
the time of such leave, nor shall an employee who is absent
without pay accrue vacation credit during the absence.
SEW 535 SLS - 45 - 1995-99 MOU
13.4 Vacation Allowance for Separated Employees.
On separation from County service, an employee shall be
paid for any unused vacation credits at the employee's then
current pay rate.
13.5 Vacation Preference. Preference of vacation shall
be given to employees according to their seniority in their
department as much as is reasonably possible.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of
paid sick leave is to ensure employees against loss of pay
for temporary absences from work due 'to illness or injury.
It is a benefit extended by the County and may be used only
as authorized; it is not paid time off which employees may
use for personal activities.
14.2 Credits to and Charqes Against Sick Leave.
Sick leave credits accrue at the rate of eight (8) working
hours credit for each completed month of service, as
prescribed by County Salary Regulations. Employees who
work a portion of a month are entitled to a pro rata share of
the monthly sick leave credit computed on the same basis
as is partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through
retirement, accumulated sick leave credits shall be
SEW 535 SLS - 46 - 1995-99 MOu
}
cancelled, unless the separation results from layoff, in which
case the accumulated credits shall be restored if
reemployed in a permanent position within the period of lay
off eligibility.
As of the date of retirement, an employee's accumulated
sick leave is converted to retirement on the basis of one (1)
day of retirement service credit for each day of accumulated
sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave.
As indicated above, the primary purpose of paid sick leave
is to ensure employees against loss of pay for temporary
absences from work due to illness or injury. The-following
definitions apply:
Immediate Family means and includes only the spouse, son,
stepson, daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-
in-law, brother-in-law, sister-in-law, foster children, aunt,
uncle, cousin, stepbrother, or stepsister of an employee
and/or includes any other person for whom the employee is
the legal guardian or conservator, or any person who is
claimed as a "dependent" for IRS reporting purposes by the
employee.
Employee means any person employed by Contra Costa
County in an allocated position in the County service.
Paid Sick Leave Credits means those sick leave credits
provided for by County Salary Regulations and memoranda
of understanding.
SEW 535 SLS - 47 - 1995-99 MOU
Condition/Reason. With respect to necessary verbal
contacts and confirmations which occur between the
department and the employee when sick leave is requested
or verified, a brief statement in non-technical terms from the
employee regarding inability to work due to injury or illness
is sufficient.
Accumulated paid sick leave credits may be used, subject
to appointing authority approval, by an employee in pay
status, but only in the following instances:
a. Temporary Illness or Injury of an Employee. Paid
sick leave credits may be used when the employee
is off work because of a temporary illness_or injury.
b. Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
disabling physical injury or illness and is thereby
prevented from engaging in any County occupation
for which the employee is qualified by reason of
,education, training or experience. Sick leave may
be used by permanently disabled employees until
all accruals of the employee have been exhausted
or until the employee is retired by the Retirement
Board, subject to the following conditions:
1 . An application for retirement due to disability
has been filed with the Retirement Board.
2. Satisfactory medical evidence of such
disability is received by the appointing
authority within thirty (30) days of the start of
use of sick leave for permanent disability.
SOU 535 SLS - 48 - 1995-99 MOU
l' sz
3. The appointing authority may review medical
evidence and order further examination as
deemed necessary, and may terminate use of
sick leave when such further examination
demonstrates that the employee is not
disabled, or when the appointing authority
determines that the medical evidence
submitted by the employee is insufficient, or
where the above conditions have not been
met.
c. Communicable Disease. An employee may use
paid sick Leave credits when under a physician's
order to remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disabilitx.
Employees whose disability is caused or
contributed to by pregnancy, miscarriage, abortion,
childbirth, or recovery therefrom, shall be allowed
to utilize sick leave credit to the maximum accrued
by such employee during the period of such
disability under the conditions set forth below:
1 . Application for such leave must be made by
the employee to the appointing authority
accompanied by a written statement of
disability from the employee's attending
physician. The statement must address itself
to the employee's general .physical condition
having considered the nature of the work
performed by the employee; and it must
indicate the date of the commencement of the
disability as well as the date the. physician ,
anticipates the disability to terminate.
SEW 535 SLS - 49 - 1995-99 MOU
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 & Dental Appointments. An employee may
use paid sick leave credits:
1 . For working time used in keeping medical and
dental appointments for the employee's own
care; and
2. For working time used by an employee for
prescheduled medical and dental
appointments for an immediate family
member.
f. Emergency Care of Family. An employee may use
paid sick leave credits for working time used in
SEW 535 SLS - 50 - 1995-99 MOU
cases of illness or injury to an immediate family
member.
g. Death of Family Member. An employee may use
paid sick leave credits for working time used
because of a death in the employee's immediate
family or of the employee's domestic partner, but
this shall not exceed three (3) working days, plus
up to two (2) days of work time for necessary
travel. Use of additional_ accruals including sick
leave when appropriate, may be authorized in
conjunction with the bereavement leave at the
discretion of the appointing authority.
h. Legal Adoption of a Child. Paid sick leave credits
may be used by an employee upon adoption of the
child.
i. Accumulated paid sick leave credits may not be
used in the following situations:
1 . Vacation. Paid sick leave credits may not be
used for an employee's illness or injury which
occurs while he is on vacation but the County
Administrator may authorize it when
extenuating circumstances exist and the
appointing authority approves.
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
SEW 535 SLS - 51 - 1995-99 MOU
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.
I 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.
SEW 535 SLS - 52 - 1995-99 MQU
Departmental approval of sick leave is a
certification of the legitimacy of the sick leave
claim. The department head or designee may
make reasonable inquiries about employee
absences. The department may require medical
verification for an absence of three (3) or more
working days. The department may also require
medical verification for absences of less than three
(3) working days for probable cause if the
employee had been notified in advance in writing
that such verification was necessary. Inquiries
may be made in the following ways:
1 . Calling the employee's residence telephone
number or other contact telephone number
provided by the employee ' if telephone
notification was not made in accordance with
departmental sick leave call-in guidelines.
These inquiries shall be subject to any
restrictions imposed by the employee under
Section 14.4.A.
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another form
established for that purpose, as employee
certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of
explanation regarding the sick leave claim.
4. Requiring the employee to obtain a
physician's certificate or verification of the
employee's illness, date(s) the employee was
incapacitated, and the employee's ability to
return to work, as specified above.
SEW 535 SLS - 53 - 1995-99 MOU
5 In absences of an extended nature, requiring
the employee to obtain from their physician a
statement of progress and anticipated date on
which the employee will be able to return to
work, as specified above.
Department heads are responsible for establishing
timekeeping procedures which will insure the submission of
a time card covering each employee absence and for
operating their respective offices in accordance with these
policies and with clarifying regulations issued by the Office
of the County Administrator. .
To help assure uniform policy application, the__ Human
Resources Director or designated management staff of the
County Human Resources Department should be contacted
with respect to sick leave determinations about which the
department is in doubt.
14.5 Disabili
A. An employee physically or mentally incapacitated
for the performance of duty is subject to dismissal,
suspension or demotion, subject to the County
Employees Retirement Law of 1937. An appointing
authority after giving notice may place an
employee on leave if the appointing authority has
filed an application for disability retirement for the
employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
performance of the employee's duties.
B. An appointing authority who has reasonable cause
to believe that there are physical or mental health
SEW 535 SLS - 54 - 1995-99 MOu
conditions present in an employee which endanger
the health or safety of the employee, other
employees, or the public, or which impair the
employee's performance of duty, may order the
employee to undergo at County expense and on
the employee's paid. time, a physical, medical
and/or psychiatric examination by a licensed
physician and receive a report of the findings on
such examination. If the examining physician
recommends that treatment for physical or mental
health problems, including leave, are in the best
interests of the employee or,the County in relation
to the employee overcoming any disability and/or
performing his or her duties the appointing
authority may direct the employee to take such
leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability
shall be without prejudice to the employee's right to
use sick leave, vacation, or any other benefit to
which the employee is entitled other than regular
salary. The Human Resources Director may order
lost pay restored for good cause and subject to the
employee's duty 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
SEW 535 SLS - 55 - 1995-99 MOU
appointing authority may take such action as
he/she deems necessary in accordance with
appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave
of absence or suspended because of physical or
mental incapacity under (a) or (b) above, the
employee shall be given notice of the proposed
leave of absence or suspension by letter or
memorandum, delivered personally or by certified
mail, containing the following:
1 . a statement of the leave of absence or
suspension proposed;
2. the proposed dates or duration of the leave or
suspension which may be indeterminate until
a certain physical or mental health condition
has been attained by the employee;
3. a statement of the basis upon which the action
is being taken;
4. a statement that the employee may review the
materials upon which the action is taken;
5. a statement that the employee has until a
specified date (not less than seven (7) work
days from personal delivery or mailing of the
notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing
authority for cause specified in writing may place
SEW 535 SLS - 56 - 1995-99 MOU
the employee on a temporary leave of absence,
with pay.
G. The employee to whom the notice has been
delivered or mailed shall have seven (7) work days
to respond to the appointing authority either orally
or in writing before the proposed action may be
taken.
H. After having complied with the notice requirements
above, the appointing authority may order the
leave of absence or suspension in writing stating
specifically the basis upon which the action is
being taken, delivering the order to the employee
either personally or by certified mail, effective
either upon personal delivery or deposit in the U.S.
Postal Service.
I. An employee who is placed on leave or suspended
under this section may, within ten (10) calendar
days after personal delivery or mailing to the
employee of the order, appeal the order in writing
through the Director of Human Resources to the
Merit Board. Alternatively, the employee may file
a written election with the Director of Human
Resources waiving the employee's right to appeal
to the Merit Board in favor of appeal to a Disability
Review Arbitrator.
J. In the event of an appeal either to the Merit Board
or the Disability Review Arbitrator, the employee
has the burden of proof to show that either:
1 . the physical or mental health condition cited
by the appointing authority does not exist, or
SEW 535 SLS - 57 - 1995-99 MOU
2. the physical or mental health condition does
exist, but it is not sufficient to prevent,
preclude, or impair the employee's
performance of duty, or is not sufficient to
endanger the health or safety of the
employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and
appeal shall be transmitted by the Director of
Human Resources to the Merit Board for hearing
under the Merit Board's Procedures, Section 1114-
1128 inclusive. Medical reports submitted in
evidence in such hearings shall remain confidential
information and shall not be a part of the public
record.
L. If the appeal is to a Disability Review Arbitrator, the
employee (and his/her representative) will meet
with the County's representative to mutually select
the Disability Review Arbitrator, who may be a de
facto arbitrator, or a physician, or a rehabilitation
specialist, or some other recognized specialist
mutually selected by the parties. The arbitrator
shall hear and review the evidence. The decision
of the Disability Review Arbitrator shall be binding
on both the County and the employee.
Scope of the Arbitrator's Review.
1 . The arbitrator may affirm, modify or revoke the
leave of absence or suspension.
2. The arbitrator may make his/her decision
based only on evidence submitted by the
County and the employee.
SEW 535 SLS - 58 - 1995-99 MOU
3. The arbitrator may order back pay or paid sick
leave credits for any period of leave of
absence or suspension if the leave or
suspension is found not to be sustainable,
subject to the employee's duty to mitigate
damages.
4. The arbitrator's fees and expenses shall be
paid one-half by the County and one-half by
the employee or employee's association.
M. It is understood that the benefits specified in
Sections 14 and 15 shall be coordinated with the
rehabilitation program as determined by the labor-
management committee.
N. No employee who has been granted a leave
without pay or unpaid military leave shall accrue
any sick leave credits during the time of such
leave, nor shall an employee who is absent without
pay accrue sick leave credits during the absence.
SECTION 15 - WORKERS' , COMPENSATION. AND
CONTINUING PAY
15.1 Workers' Compensation. A permanent employee
shall receive 88% of regular monthly salary during any
period of compensable temporary disability absence not to
exceed one year. For all accepted claims filed with the
County on or after January 1 , 1997, the percentage of pay
for employees entitled to Workers' Compensation shall be
decreased from 88% to 87%. for all accepted claims filed
with the County on or after January 1 , 1997. All savings
SEW 535 SLS - 59 - 1995-99 MOU
generated will be used toward offsetting chargeable
increases in County subvention of premiums for health and
dental plans. If Workers' Compensation becomes taxable,
the County agrees to restore the former benefit level (100%
of monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
A. Waiting Period. Employees who leave work as a
result of an on-the-job injury will have the balance
of that day charged to continuing pay, sick leave
and/or vacation accruals. This will be considered
as the last day worked for purposes of determining
Workers' Compensation benefits.
A permanent employee shall receive the
authorized percentage of regular salary during any
period of compensable temporary disability
absence. "Compensable temporary disability
absence" for the purpose of this Section, is any
absence due to work connected disability which
qualifies for temporary disability compensation
under Workers' Compensation Law set forth in
Division 4 of the California Labor Code. When any
disability becomes permanent, the salary provided
in this Section shall terminate. The employee shall
return to the County all temporary disability
payments received by him/her from any County
funded wage replacement program. No charge
shall be made against sick leave or vacation for
these salary payments. Sick leave and vacation
rights shall not accrue for those periods during
which salarypayments are made.
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The maximum period for the described salary
continuation for any one injury or illness shall be
one year from the date of temporary disability.
B. Continuing Pay. Continuing pay begins on the
date of injury and continues until the temporary
disability ends, or until one (1 ) year from the date
of injury, whichever comes first. All continuing pay
under the Workers' Compensation Program will be
cleared through the County Administrator's Office,
Risk Management Division.
C. Full Pay Beyond One (1) Year. If an injured
employee remains eligible for temporary _disability
beyond one (1 ) year, the authorized salary will
continue by integrating sick leave and/or vacation
accruals with Workers' Compensation benefits. If
salary integration is no longer available, Workers'
Compensation benefits will be paid directly to the
employee as prescribed by Workers'
Compensation laws.
D. 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 his/her
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.
SEW 535 SLS - 61 - 1995-99 MOu
E. Health Insurance. The County contribution to the
employee's group insurance plan(s) continues
during the continuing. pay period and during
integration of sick leave or vacation with Workers'
Compensation benefits.
15.2 Method of Integration. An employee's sick leave
and/or, vacation charges shall be calculated as follows:
C = 8 [1 - (W _ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Comp. for a month
S = Monthly salary
15.3 State Disability. 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:
15.4 General Provisions. The California SDI program
provides disability benefits beginning on the eighth (8th)
calendar day of a qualifying disability unless the employee
is hospitalized. Upon hospitalization, benefits can be
payable from the. first day of the disability.. If the disability
exceeds fourteen (14) calendar days, benefits can be
payable from the first day of the disability. The maximum
period of state disability payments is up to one year.
Determination of SDI payments and eligibility to receive
payments is at the sole discretion of the State of California.
SEIU 535 SLS - 62 - 1995-99 MOU
Integration means that employees will be required to use
sick leave accruals to supplement the difference between
the amount of the SDI payment and the employee's base
monthly salary. . Integration of sick leave with the SDI benefit
is automatic and cannot be waived. Integration applies to all
SDI benefits paid. For employees off on SDI, the department
will make appropriate integration adjustments, including
retroactive adjustments if necessary. Employees must
inform their department of hospitalization in a timely manner
in order for the department to make appropriate integration
adjustments.
State Disability benefit payments will be sent directly to the
employees at their home address by the State of California.
When there are insufficient sick leave accruals available to
fully supplement the difference between the SDI payment
and the employee's base monthly salary, accruals other
than sick leave may be used. These accruals may be used
only to the extent that total payments do not exceed the
employee's base monthly salary.
15.5 Procedures. Employees with more than 1 .2 hours
of sick leave accruals at the beginning of the disability
integration period must integrate their sick leave accrual
usage with their SDI benefit to the maximum extent possible.
When employees have 1 .2 hours or less of sick leave
accruals at the beginning of the disability integration period,
the department shall automatically. use 0.1 hour of sick
leave per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration
with the SDI benefit terminates. An employee may use any
SEW 535 SLS - 63 - 1995-99 MOU
other accruals without reference to or integration with the
SDI benefit.
When the SDI benefit is exhausted, sick leave integration
terminates. Then the employee may use sick leave or other
accruals.
Employees with no sick leave balance at the beginning of
the disability integration period may use any other accruals
without reference to or integration with the SDI benefit.
Employees whose SDI claims are denied must present a
copy of their claim denial to their department. The
department will then authorize use of unused sick leave and
shall authorize -the use of other accruals as appropriate.
Employees may contact the Human Resources Department,
Benefits Division, for assistance in resolving problems.
15.6 Method of Integration. Until an employee has a
balance of 1 .2 hours of sick leave, the employee's sick leave
accrual charges while receiving SDI benefits shall be
calculated each month.
The amount of sick leave charged each employee will be
calculated in the following manner:
The percentage of base monthly salary not covered by the
SDI benefit will be applied to the daily hours in the
employee's schedule and that number of sick leave hours
will be charged against the employee's sick leave accruals.
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For purposes of integration ,with the SDI program, all full
time employees' schedules will be converted to 8-hour/5-day
weekly work schedules during the period of integration.
The formula for full time employees' sick leave integration
charges is shown below: L = [(S-D) _ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
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
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.
15.7 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
"Salaryfield on the On-Line Payroll Time Reporting System
used by departments for payroll reporting purposes.
15.8 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
SEIU 535 SLS - 65 - 1995-99 MOU
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 both
these situations, no sick leave buy back will be made,
regardless of the calendar period to which the benefit
checks pertain. Program transfer to departmental payroll
staff will be effective July 1 , 1994 for the month of July with
the first computation of SDI benefits and integration with sick
leave under the new program made on the August_10, 1994
pay warrants covering the July 1994 payroll period.
SECTION 16 - CATASTROPHIC LEAVE BANK
16.1 Program Design. Effective April 1 , 1994, the
County Human Resources Department will begin operation
of a Catastrophic Leave Bank which is designed to assist
any County employee who has exhausted all paid accruals
due to a serious or catastrophic illness, injury, or condition
of the employee or family member. The program establishes
and maintains a Countywide bank wherein any employee
who wishes to contribute may authorize that a portion of
his/her accrued vacation, compensatory time, holiday
compensatory time or floating holiday be deducted from
those account(s) and credited to the Catastrophic Leave
Bank. U.pon approval, credits from the Catastrophic Leave
Bank may be transferred to a requesting employee's sick
leave account so that employee may remain in paid status
SEW 535 SLS - 66 - 1995-99 MOU
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.
16.2 Operation.
A. 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.
B. 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.
C. 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
SEW 535 SLS - 67 - 1995-99 MOU
total, have applied for a medical leave of absence
and have medical verification of need.
D. Donations are I 'irrevocable and may be made in
minimum blocks of four (4) hours per donations
from balances in the vacation, holiday, . floating
holiday, compensatory time, or holiday
compensatory time accounts.
E. 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.
F. 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.
G. 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.
H. 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.
I. No employee will have any entitlement to
catastrophic leave benefits. The award of
SEW 535 SLS - 68 - 1995-99 MOU
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.
J. Any unused hours transferred to a recipient will be
returned to the Catastrophic Leave Bank.
SECTION 17 - LEAVE OF ABSENCE
17.1 Leave Without Pay. Any employee who has
permanent status may be granted a leave of absence
without pay upon written request, approved by the
appointing authority; provided, however, that leaves for
pregnancy, pregnancy disability, serious health conditions,
and family care shall be granted in accordance with
applicable state and federal law.
17.2 General Administration - Leaves of Absence.
Requests for Leaves 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:
SEW 535 SLS - 69 - 1995-99 MOU
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-{a-}
increase the employee's usefulness on return
to the position;
5. for other reasons or circumstances acceptable
to the appointing authority.
B. An employee must request family care.-leave at
least thirty (30) days before the leave is to begin if
the need for the leave is foreseeable. If the need is
not foreseeable, the employee must provide written
notice to the employer within five (5) days of
learning of the event by which the need for family
care leave arises.
C. A leave without pay may be for a period not to
exceed one (1) year, provided the appointing
authority may extend such Leave for additional
periods. The procedure in granting extensions shall
be the same as that in granting the original leave,
provided that the request for extension must be
made not later than thirty (30) calendar days
before.the expiration of the original leave.
D. Nevertheless, a leave of absence for the
employee's serious health condition or for family
care shall be granted to an employee who so
requests it for up to eighteen (18) weeks in each
SEW 535 SLS - 70 - 1995-99 MOu
calendar year period in accordance with Section
17.5 below.
E. Whenever an employee who has been granted a
leave without pay desires to return before the
expiration of such leave, the employee shall submit
a request to the appointing authority in writing at
least fifteen (15) days in advance of the proposed
return. Early return is subject to prior approval by
the appointing authority. The Human Resources
Department shall be notified promptly of such
return.
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
.illness, disability, or serious health condition, the
decision of the appointing authority granting or
denying leave or early return from leave shall be
subject to appeal to the Human Resources Director
and not subject to appeal through the grievance
procedure set forth in this M.OU.
17.3 Furlough Days Without Pay. The existing VTO
program shall be continued for the life of the contract.
17.4 Military Leave. Any employee who is ordered to
serve as a member of the State Militia or the United States
Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the
period of such service, plus ninety (90) days. Additionally,
any employee who volunteers for such service during
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
SEW 535 SLS - 71 - 1995-99 MOU
accordance with applicable state or federal laws. Upon the
termination of such service or upon honorable discharge,
the employee shall be entitled to, return to his/her position in
the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing
of any kind whatsoever.
An employee who has been granted a military leave shall
not, by reason of such absence, suffer any loss of vacation,
holiday, or sick leave privileges which may be accrued at the
time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation
of employment. For purposes of determining eligibility for
salary adjustments or seniority in case of layoff or
promotional examination, time on. military leave shall be
considered as time in County service.
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidence of
performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
17.5 Family Care Leave or Medical Leave. Upon
request to the appointing authority, in each calendar year
any employee who has permanent status shall be entitled to
at least eighteen (18) weeks leave (less if so requested by
the employee) for:
a. medical leave of absence for the employee's own
serious health condition which makes the
employee unable to perform the functions of the
employee's position; or
b. family care leave of absence without pay for
reason of the birth of a child of the employee, the
SEW 535 SLS - 72 - 1995-99 MOU
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.
17.6 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 authority.
17.7 Intermittent Use of Leave. The eighteen (18)
week entitlement may be in broken periods, intermittently on
a regular or irregular basis, or may include reduced work
schedules depending on the specific circumstances and
situations surrounding the request for leave. The eighteen
(18) weeks may include use of appropriate available paid
leave accruals when accruals are used to maintain pay
status, but use of such accruals is not required beyond that
specified in Section 17.12 below. When paid leave accruals
are used for a medical or family care leave, such time shall
be counted as a part of the eighteen (18) week entitlement.
17.8 Aggregate Use for Spouse. In the situation where
husband and wife are both employed by the County, the
family care or 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.
SEW 535 SLS - 73 - 1995-99. MOU
17.9 Definitions. For medical and family care leaves of
absence under this section, the following definitions apply:
a. Child: A biological, adopted, or foster child,
stepchild, legal ward, conservatee or a child who is
under eighteen (18) years of age for whom an
employee stands in loco parentis or for whom the
employee is the guardian or conservator, or an
adult dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent, a
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
C. Souse: A partner in marriage as defined in
California Civil Code Section 4100.
d. Domestic Partner: An unmarried person, eighteen
(18) years or older, to whom the employee is not
related and with whom the employee resides and
shares the common necessities of life.
e. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient care in a
hospital, hospice or residential health care facility
or continuing treatment or continuing supervision
by a health care provider (e.g. physician or
surgeon) as defined by state and federal law.
f. Certification for Family Care Leave: A written
communication to the employer from a health care
provider of a person for whose care the leave is
SEW 535 SLS - 74 - 1995-99 MOU
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
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;
SEW 535 SLS - 75 - 1995-99 MOU
3. a statement that the employee is unable to
perform the functions of the employee's job;
4. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave schedule
and its expected duration.
h. Comparable Positions: A position with the same or
similar duties and pay which can be performed at
the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job
assignment will be the same duties in the same
program area located in the same city, although
specific clients, caseload, co-workers,
supervisor(s), or other staffing may have changed
during an employee's leave.
17.10 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.
17.11 Group Health Plan Coverage. Employees who
were members of one of the group health plans prior to
commencement of their leave of absence can maintain their
health plan coverage with the County contribution by
maintaining their employment in pay status .as described in
Section 17. 12. During the eighteen (18) weeks of an .
approved medical. or family care leave under Section 17.6
above, the County will continue its contribution for such
health plan coverage even if accruals are not available for
SEW 535 SLS - 76 -- 1995-99 MOU
use to maintain pay status as required under Section 17.12.
In order to maintain such coverage, employees are required
to pay timely the full employee contribution to maintain their
group health plan coverage, either through payroll deduction
or by paying the County directly.
17.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12)
month period of any leave of absence without pay,
an employee may elect to maintain pay status
each month by using available sick leave (if so
entitled under Section 14.3 - Policies Governing
the Use of Paid Sick Leave), vacation._ floating
holiday, compensatory time off or other accruals or
entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may
be "broken" into segments and accruals used on a
monthly basis at the employee's discretion. After
the first twelve (12) months, the leave period may
not be "broken" into segments and accruals may
not be used, except when required by LTD Benefit
Coordination or SDI/Sick Leave Integration under
Section 15.5 or as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen
(18) weeks of an approved medical or family care
leave, if a portion of that leave will be on a leave of
absence without pay, the employee will be required
to use at least 0.1 hour of sick leave (if so entitled
under Section 14.3 - Policies Governing the Use of
Paid Sick Leave), vacation floating holiday,
compensatory time off or other accruals or
entitlements if such are available, although use of
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additional accruals is permitted under subsection
A. above.
C. Leave of Absence/Long Term Disability (LTD)
Benefit Coordination. An, eligible employee who
files an LTD claim and concurrently takes a leave
of absence without pay will be required to use
accruals as provided in Section B herein during the
eighteen (18) week entitlement period of a medical
leave specified above. If an eligible employee
continues beyond the eighteen (18) 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.
17.13 Leave of Absence Replacement &
Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in
the same department at the time the employee was granted
a leave of absence, shall be reinstated to a position in that
classification and department and then only on the basis of
seniority. In case of severance from service by reason of
the reinstatement of a permanent employee, the provisions
of Section 11 - Seniority, Workforce Reduction, Layoff, &
Reassignment shall apply.
17.14 Leave of Absence Return. In the Social Service
Department an employee shall have the right to return to the
SEW 535 SLS - 78 - 1995-99 MOU
same class, building, and assignment (position control
number) if the return to work is within eighty-nine (89) con-
secutive days from the initial date the employee started
leave of absence. At such time the leave of absence is
approved by the Appointing Authority, the Social Service
Department shall notify the employee of the final date by
which he/she shall return to be assigned to the same
position control number.
17.15 Reinstatement From Family Care Medical Leave.
In the case of a family care or medical leave, an employee
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
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.
17.16 Salary Review While on Leave of Absence. The
salary of an employee who is on leave of absence from a
County position on any anniversary date and who has not
been absent from the position on leave without pay more
than six (6) months during the preceding year, shall be
SEW 535 SLS - 79 - 1995-99 MOU
reviewed on the anniversary date. Employees on military
leave shall receive salary increments that may accrue to
them during the period of military leave.
17.17 Unauthorized Absence. An unauthorized absence
from the work site or failure to report for duty after a leave
request has been disapproved, revoked, or canceled by the
appointing authority, or at the expiration of a leave, shall be
without ' pay. Such absence may also be grounds for
disciplinary action.
17.18 Non-Exclusivity. Other MOU language on this
subject, not in conflict, shall remain in effect.
17.19 Time Off to Vote. Employees represented by the
Union who do not have sufficient time outside of working
hours to vote at a statewide election, may, without loss of
pay, take off enough working time which will enable the
employee to vote.
No more than two (2) hours of the time taken off for voting
shall be without loss of pay. The time off for voting shall be
only at the beginning or end of the regular working shift,
whichever allows the most free time for voting and the least
time off from the regular working shift.
Any employee seeking time off to vote under the provisions
of this Section must submit a written request at least two (2)
working days in advance to his or her immediate supervisor
stating the following: name; job classification; department;
a statement " I am a registered voter"; geographic location
and address of the employee's polling place; amount of time
requested and whether it is to be at the beginning or end of
the employee's regular work day; and a clear statement as
SEW 535 SLS - 80 - , 1995-99 MOU
to why the employee is unable to vote during the regular
hours that the polls are open.
SECTION 18 - JURY DUTY AND WITNESS DUTY
18.1 Jury Duty. For purposes of this Section, jury duty
shall be defined as any time an employee is obligated to
report to the court.
a. When called for jury duty, County employees, like
other citizens, are expected to discharge their jury
duty responsibilities.
b. Employees shall advise their department as soon
as possible if scheduled to appear for jury duty.
C. If summoned for jury duty in a Municipal, Superior,
or Federal Court, or a Coroners jury, employees
may remain in their regular County pay status, or
they may take paid leave (vacation, floating
holiday, etc.) or leave without pay and retain all
fees and expenses paid to them.
d. When an employee is summoned for jury duty
selection .or is selected as a juror in a Municipal,
Superior or Federal Court, employees may remain
in a regular pay status if they waive all fees (other
than mileage), regardless of shift assignment and
the following shall apply:
1 . If an employee elects to remain in a regular
pay status and waive or surrender all fees
(other than mileage), the employee shall
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obtain from the Clerk or Jury Commissioner a
certificate indicating the days attended and
noting that fees other than mileage are waived
or surrendered. The employee shall furnish
the certificate to his department where it will
be retained as a department record. No
"Absence/Overtime Record" is required.
2. An employee who elects to retain all fees must
take leave (vacation, floating holiday, etc.) or
leave without pay. No court certificate is
required but an "Absence/Overtime Record"
must be submitted to the department payroll
clerk.
e. Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that
would affect their ability to properly serve as jurors.
f, An employee on short notice standby to report to
court, whose job duties make short notice
response impossible or impractical, shall be given
alternate work assignments for those days to
enable them to respond to the court on short
notice.
g. When .an employee is required to serve on jury
duty, the County will adjust that employee's work
schedule to coincide with a Monday to Friday
schedule for the remainder of their service, unless
the employee requests otherwise. 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.
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h. Permanent-intermittent employees are entitled to
paid jury duty leave only for those days on which
they were previously scheduled to work.
18.2 Witness Duty. Employees called upon as a
witness or an expert witness in a case arising in the course
of their work or the work of another department may remain
in their regular pay status and turn over to the County all
fees and expenses paid to there (other than mileage
allowances) or they make take vacation leave or leave
without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or
personal matters (e.g., accident suits and family relations)
shall take vacation leave or leave without pay and retain all
witness fees paid to them.
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty as set forth in Section 18.1
above. Employees shall advise their department as soon as
possible if scheduled to appear for witness duty. Permanent
intermittent employees are entitled to paid witness duty only
for those days on which they were previously scheduled to
work.
SECTION 19 - HEALTH & WELFARE, LIFE & DENTAL
CARE
19.1 County Programs. The County will continue the
existing County ' Group Health Plan program of medical,
dental and life insurance coverage through Delta Dental
Plan, Safeguard Dental Plan, Aetna Life Insurance and the
medical insurance options of Kaiser-Permanente
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Foundation Health Plan, Qualmed 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. During the term 'of this MOU, 'all conditions
and agreements regarding health, dental and related
benefits contained in the January 13, 1994 Agreement
(Attachment C) between the County and the Labor Coalition
shall be in effect.
19.2 Rate Information. The County Benefits Division
will make health and dental plan rate information available
upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to
employees and departments information about rate-changes
as they occur during the year.
19.3 Medicare Rates. Corresponding Medicare rates
for employees covered under this MOU shall be as follows:
for Employee Only on Medicare by taking the Employee
Only rate for the option selected and subtracting the monthly
Part B Medicare premium withheld from Social Security
payments for one enrollee; for Employee and Dependent(s)
with one member on Medicare by taking the Employee and
Dependent(s) rate for the option selected and subtracting
the monthly Part B Medicare premium withheld from Social
Security payments for one enrollee; for Employee and
Dependent(s) with two members on Medicare by taking the
Employee and Dependent(s) rate for the option selected and
subtracting the monthly Part B Medicare premium withheld
from Social Security payments for two enrollees.
19.4 Partial Month. The County's contribution to the
Health Plan premium is .payable for any month in which the
employee is paid. If an employee is not paid enough
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compensation in a month to pay the employee share of the
premium, the employee must make up the difference by
remitting the amount delinquent to the Auditor-Controller.
The responsibility for this payment rests with the employee.
If payment is not made, the employee shall be dropped from
the health plan. An employee is thus covered by the health
plan for the month in which compensation is paid.
19.5 Coverage During Absences. An employee on
approved leave shall be allowed to continue his/her health
plan coverage at the County group rate for twelve (12)
months provided that the employee shall pay the entire
premium for the Health Plan during said leave.
An employee on leave in excess of twelve (12) months may
continue health plan coverage by converting to an individual
health plan option (if available) or continuing group coverage
subject to the provisions of the Consolidated Omnibus
Budget Reduction Act (COBRA) provided the employee
pays the entire cost of coverage, plus any administrative
fees, for the option selected. The entire cost of coverage
shall be paid at a place and time specified by the County.
Late payment may result in cancellation of health plan
coverage with no reinstatement allowed.
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.
19.6 Retirement Coverage. Upon retirement,
employees may remain in the same County group medical
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plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if on
authorized leave of absence without pay they have retained
individual conversion membership from the County plan.
19.7 Deferred Retirement. Effective January 1 , 19979
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:,
a. Life insurance coverage is not included.
b. To be eligible to continue health and dental
coverage, the employee must: -
1 . be qualified for a deferred retirement under
the 1937 Retirement Act provisions.
2. be an active member of a County group health
and/or dental plan at. the time of filing their
deferred retirement application and elect to
continue health benefits.
3. be eligible for a monthly allowance from the
Retirement System and direct receipt of a
monthly allowance within twenty-four (24)
months of their application for deferred
retirement.
4. file an election to defer retirement and to
continue health benefits hereunder with the
County Benefits Division within thirty (30) days
before their separation from county service.
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C. Deferred retirees who elect continued health
benefits hereunder may maintain continuous
membership in their County health and/or dental
plan group during the period of deferred retirement
at their full personal expense, by paying the full
premium for their health and dental coverage on or
before the 11th of each month to the Auditor-
Controller. When they begin to receive retirement
benefits, they will qualify for the same health
and/or dental plan coverage and county subvention
to which retirees who did not defer retirement are
entitled.
d. Deferred retirees who elect continued health
benefits hereunder may elect not to maintain
participation in their county health and/or dental
plan during their deferred retirement period; and
may instead qualify for the same coverage and
county subvention in any County health and/or
dental plan when they begin to receive retirement
benefits as retirees who did not defer retirement
are entitled; provided reinstatement to a County
group health and/or dental plan with county
subvention occurs no'sooner than the first of the
month following a full three (3) calendar month
waiting period after the commencement of their
monthly allowance.
e. Eligibility for County subvention will not exist-
hereunder unless and until the member draws a
monthly retirement allowance within not more than
twenty-four (24) months after separation from
County service.
SEIU 535 SLS - 87 - 1995-99 MOU
f. Deferred retirees are required to meet the same
eligibility provisions for health/dental plans as
active/retired employees.
19.8 Dual Coverage. If a husband and wife both work
for the County and one of them is laid off, the remaining
eligible shall be allowed to enroll or transfer into the health
coverage combination of his/her choice.
An eligible employee who is no longer covered for medical
or dental coverage through a spouse's coverage shall be
allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's
plan.
19.9 Health Care Spending Account. Effective January
13 1997, the County will offer regular full-time and part-time
(20/40 or greater) . County employees the option to
participate in a Health Care Spending Account (HCSA)
Program designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not
guaranteed. The HCSA Program allows employees to set
aside a , pre-determined amount of money from their
paycheck, not to exceed $2400 per year, for health care
expenses not reimbursed by any other health benefits plan
with before-tax dollars. HCSA dollars can be expended on
any eligible medical expenses allowed by Internal Revenue
Code Section 125. Any unused balance cannot be
recovered by the employee.
19.10 Wellness Incentive Program. A broad-based pilot
Wellness Incentive Program will be developed with input
from the joint Labor/Management Wellness Committee. The
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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.
A. 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.
B. Format. A point value system for program
participation will be developed wherein each
wellness activity and program will be assigned a
point value. Points will accumulate and incentive
prizes will be awarded to employees upon realizing
certain point levels. The value of the prizes will
increase with higher point values and one (1 )
grand prize will be awarded each year to the
employee with the highest number of points.
C. 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. -
SEIU 535 SLS - 89 - 1995-99 MOU
D. Referral. The parties agree to refer the. Wellness
Incentive Program to the Wellness Committee for
its consideration.
19.11 Child Care. The County will continue to support
the concept of non-profit child care facilities similar to the
"Kids at Work" program established in the Public Works
Department.
19.12 Confidentiality of Information/Records. Any use
of employee medical records will be governed by the
Confidentiality of Medical Information Act (Civil Code
Sections 56 to 56.26).
19.13 PERS Long Term Care. The County proposes to
deduct and remit monthly premium and eligible lists to the
PERS Long Term Care. Administrator, at no County
administrative cost, for County employees who are eligible
and voluntarily elect to purchase long term care through the
PERS Long Term Care Program.
The County further agrees that County employees interested
in purchasing PERS Long Term Care may participate in
meetings scheduled by PERS Long Term Care on County ,
facilities during non-work hours (i.e. coffee breaks, lunch
hour).
SECTION 20 PROBATIONARY PERIOD
20.1 Duration. All appointments from officially
promulgated employment Lists for original entrance or
promotion shall be subject to a probationary period. This
period shall be from six (6) months to two (2) years duration.
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20.2 Classes With Probation Periods Over Six
Months. Listed below are those classes represented by the
Union which have probation periods in excess of six (6)
months: None.
20.3 Revised Probationary Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be subject
to the revised probationary period.
20.4 Criteria.The probationary period shall commence
from the date of appointment. It shall not include time served
in provisional or temporary appointments or any period of
continuous unpaid 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.
20.5 Reiection Durinq 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
SEW 535 SLS _ 91 - 1995-99 MOU
(probationer) shall, have the right to appeal from
any rejection during the probationary .period based
on political or religious affiliations or opinions,
Union activities, or race, color, national origin, sex,
age, disability or sexual orientation.
B. The appeal must be written, must be signed by the
employee and set forth the grounds and facts by
which it is claimed that grounds for appeal exist
under Subsection and must be filed through the
Director of Human Resources to the Merit Board by
5:00 p.m. on the seventh (7th) calendar day after
the date of delivery to the employee of notice of
rejection..
C. The Merit Board shall consider the appeal, and if it
finds probable cause to believe that the rejection
may have been based on grounds prohibited in
.Subsection A, it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact,
conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in
which proceedings the rejected probationer has the
burden of proof. ..
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after hearing,
the Merit Board upholds the appeal, it shall direct
that the appellant be reinstated in the position and
the appellant shall begin a new probationary period
unless the Merit Board specifically reinstates the
former period.
20.6 Regular Appointment. The regular appointment of
a probationary employee shall begin on the day following the
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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. If the appointing authority fails to submit
in a timely manner the proper written documents certifying
that a probationary employee has served in a satisfactory
manner and later acknowledges it was his or her intention to
do so, the regular appointment shall begin on the day
following the end of the probationary period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee had
been promoted or transferred from an eligible list, shall be
restored to a position in the department from which the
employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons
within six (6) months after being promoted or transferred
from a position in the Merit System to a position not included
in the Merit System shall be restored to a position in the
classification in the department from which the employee
was promoted or transferred.
A probationary employee who has been rejected or has
resigned during probation shall not be restored to the
SEW 535 SLS - 93 - 1995-99 MOU
eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the
appointing , authority and is certified by the Human
Resources Director whose decision is final. The Director of
Human Resources shall not certify the name of a person
restored to the eligible list to the same appointing authority
by whom the person was rejected from the same eligible list,
unless such certification is requested in writing by the
appointing authority.
20.7 Layoff During Probation. An employee who is
laid off during probation, if reemployed in the same class by
the same department, shall be required to complete only the
balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full probationary
period. An employee appointed to a permanent position
from a layoff or reemployment list is subject to a probation
period if the position is in a department other than the
department from which the employee separated, displaced,
or voluntarily demoted in lieu of layoff. An appointment from
a layoff or reemployment list is not subject to a probation
period if the position is in the department from which the
employee separated, displaced or voluntarily demoted in
lieu of layoff.
20.8 Rejection Durinq 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
SEW 535 SLS - 94 - 1995-99 MOU
period if subsequently certified and appointed in a different
department or classification than that from which the
employee was laid off.
SECTION 21 - PROMOTION
21 .1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in this
MOU.
21 .2 Promotion Policy. The Director of Human
Resources, upon request of an appointing authority, shall
determine whether an examination is to be cal-led on a
promotional basis.
21 .3 Open Exam. If an examination for one of the
classes represented by the Union is proposed to be
announced on an open only basis, the Director of Human
Resources shall give five (5) days prior notice, of such
proposed announcement and shall meet at the request of
the Union to discuss the reasons for such open
announcement.
21 .4 Promotion via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her position
reclassified at the request of the appointing authority and
under the following conditions:
a. An . evaluation of the position(s) in question must
show that the duties and responsibilities have
SEW 535 SLS - 95 - 1995-99 MOU
significantly increased and constitute a higher level
of work.
b. The incumbent of the position must have
performed at the higher level for one (1) year.
C. The incumbent must meet the minimum education
and experience requirements for the higher class.
d. The action must have approval of the Human
Resources Director.
e. The Union approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
21 .5 Requirements for Promotional Standing. In
order to qualify for an examination called on a promotional
basis, an employee must have probationary or permanent
status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing date. If an employee who is
qualified on a promotional employment list is separated from
the merit system, except by layoff, the employee's name
shall be removed from the promotional list.
21 .6 Seniority Credits. Employees who have qualified
to take promotional examinations and who have earned a
total score, not including seniority credits, of seventy percent
(70%) or more, shall receive, in addition to all other credits,
five one-hundredths of one (.05) percent for each completed
month of service as a permanent County employee
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continuously preceding the final date for filing application for
said examination. For purposes of seniority credits, leaves
of absence shall be considered as service. Seniority credits
shall be included in the final percentage score from which
the rank on the promotional list is determined. No
employee, however, shall receive more than a total of five
percent (5%) credit for seniority in any promotional
examination.
21 .7 Physical Examination. County employees who are
required as part of the promotional examination process to
take a physical examination shall do so on County time at
County expense.
SECTION 22 - TRANSFER
22.1 Transfer Conditions. The following conditions are
required in order to qualify for transfer:
a. The position shall be in the same class, or if in a
different class shall have been determined by the
Director of Human Resources to be appropriate for
transfer on the basis of minimum qualifications and
qualifying procedure;
b. the employee shall have permanent status in the
merit system and shall be in good standing;
C. the appointing authority or authorities involved in
the transaction shall have indicated their
agreement in writing;
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d. the employee concerned shall have indicated
agreement to the change in writing;
e. the Director of Human Resources shall. have
approved the change.
Notwithstanding the foregoing, transfer may also be
accomplished through the regular appointment procedure
provided that the individual desiring transfer has eligibility on
a list for a class for which appointment is being considered.
22.2 Transfer Without Examination. With the approval
of the appropriate appointing authority/authorities and. the
consent of the employee, the Director of Human Resources
may transfer an employee from one job classification to
another job classification without examination under the
following conditions:
a. the duties and responsibilities of the position from
which the employee is being transferred are within
the occupational area or directly associated with
the duties and responsibilities of the position to
which the employee is being transferred.
b. the employee must possess the minimum
qualifications for the job classification to which the
employee is being transferred.
C. the employee must serve the probationary period
required for the classification into which the
employee is being transferred.
d. an employee rejected during the probationary
period or who resigns during the probationary
period for other than disciplinary reasons shall
SEIU 535 SLS - 98 - 1995-99 MOU
have the right at that time to be restored to a
position in the classification in the department from
which the employee was transferred.
The Human Resources Director, upon request, will provide
written justification for invoking this section.
22.3 Transfer Polic Any employee or appointing
authority who desires to initiate. a transfer may inform the
Director of Human Resources in writing of such desire
stating the reasons therefore. The Director of Human
Resources shall, if he or she considers that the reasons are
adequate and that the transfer will be for the good of the
County service and the parties involved, inform the
appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in
accomplishing the transfer.
22.4 Miscellaneous Assignments.
A. Vacancies which do not involve the supervision of
Social Casework Specialists, or are not covered by
Section 38.g, shall be open for bid to all employees
covered by this agreement in accordance with
provisions of Section 35 - Performance Evaluation.
B. When an employee covered by this agreement is
appointed to an out of class appointment to a
position outside of this bargaining unit, but within
the Department, and such appointment is due to
the lack of an eligible list, the Department shall
request County Human Resources to schedule an
examination for said classification except where
extenuating circumstances exist.
SEIU 535 SLS _ 99 - 1995-99 MOU
C. Social Work Supervisors II with Emergency
response experience will be given primary
consideration in assigning substitute supervisors to
the after-hours Emergency Response Program. All
such Social Work Supervisors II will be given the
opportunity annually to be placed on the substitute
supervisor list in order to be eligible to receive
overtime pay for the after-hours Emergency
Response Program.
SECTION 23 RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the
Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date
of termination. Oral resignation shall be immediately
confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and
shall indicate the effective date of termination.
23.1 Resignation in Good Standing. A resignation
giving the appointing authority written notice at least two (2)
weeks in advance of the last date of service (unless the
appointing authority requires a longer period, up to four (4)
weeks, for a specific reason, or consents to the employee's
terminating on shorter notice) is a resignation in good
standing.
23.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
SEIU 535 SLS _ 100 - 1995-99 MOU
a. An employee has been absent from duty for five
(5) consecutive working days without leave; and
b. five (5) more consecutive working days have
elapsed without response by the employee after
the mailing of a notice of resignation by the
appointing authority to the employee at the
employee's last known address.
23.3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
23.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee and
the. appointing authority, except that an oral resignation
rescinded in writing by the end of the workday following the
oral resignation will be accepted by the appointing authority.
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has. been coerced by the appointing
authority may be revoked within seven (7) calendar
days after its expression, by serving written notice
on the Director of Human Resources and a copy
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
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authority's acknowledgment without loss of
seniority or pay.
C. Contest. Unless, within seven (7.)' days of the
receipt of the notice, the appointing authority
acknowledges that the resignation could have
been believed to be coerced, this question should
be handled as an appeal to the Merit Board. In the
alternative, the employee may file a written election
with the Director of Human Resources waiving the
employee's right of appeal to the Merit Board in
favor of the employee's appeal rights under the
grievance procedure contained in Section 25 of the
MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the
employee returned to duty effective on the day
following the decision but without loss of seniority
or pay, subject to the employee's duty to mitigate
damages.
SECTION 24 - DISMISSAL, SUSPENSION & DEMOTION .
24.1 Sufficient Cause for Action. 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,
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b. conviction of any criminal act involving moral
turpitude,
C. conduct tending to bring the merit system into
disrepute,
d. disorderly conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or drugs or
consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty, i.e. non-performance of assigned
responsibilities,
i. negligent or willful damage to public property or
waste of public supplies or equipment,
j. violation of any lawful or reasonable regulation or
order given by a supervisor or Department Head,
k. willful violation of any of the provisions of the merit
system ordinance or Personnel Management
Regulations,
I. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment,
M. misappropriation of County funds or property,
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n. unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by this MOU,
o. dishonesty or theft,
P. excessive or unexcused absenteeism and/or
tardiness,
q. sexual harassment, including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the purpose
or effect of affecting employment decisions
concerning an individual, or unreasonably
interfering with an individual's work performance,
or creating an intimidating and hostile working
.environment.
24.2 Skellv 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), or demote an
employee, the appointing authority shall cause to be served,
either personally or by certified mail, on the employee, a
Notice of Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or
omissions and grounds upon which the action is
based.
C. If it is claimed that the employee has violated a rule
or regulation of the County, department or district,
SEW 535 SLS - 104 - 1995-99 MOU
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.
r
Employee Response. The employee upon whom a Notice
of Proposed Action has been served shall have seven (7)
calendar days to respond to the appointing authority either
orally or in writing before the proposed action may be taken.
Upon request of the employee and for good cause, the
appointing authority may extend in writing the period to
respond. If the employee's response is not filed within
seven (7) days or any extension, the right to respond is lost.
24.3 Leave Pending Employee Response. Pending
response to a Notice of Proposed Action within the first
seven (7) days, the appointing authority for cause specified
in writing may place the employee on temporary leave of
absence, with pay.
24.4 Length of Suspension. Suspensions without pay
shall not exceed thirty (30) days unless ordered by an
arbitrator, an adjustment board or the Merit Board.
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24.5 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
Director of Human Resources, showing by whom
and the date a copy was served upon the
employee to be dismissed, suspended or demoted,
either personally or by certified mail to the
employee's last known mailing address. The order
shall be effective either upon personal, service or
deposit in the U. S. Postal Service. ,
C. Employee Appeals from Order. The employee may
appeal an order of dismissal, suspension, or
demotion either to the Merit Board or through the
procedures of Section 25 - Grievance Procedure of
this MOU provided that such appeal is filed in
writing with the Human Resources Director within
ten (10) calendar days after service of said order.
An employee may not both appeal to the .Merit
Board and file a grievance under Section 25 of this
MOU.
24.6 Employee Representation Rights. The County
recognizes an employee's right to representation during any
SEW 535 SLS - 106 -1 1995-99 MOU
disciplinary interview or meeting which may result in
discipline. The County will not interfere with the
representative's right to assist an employee to clarify the
facts during the interview.
SECTION 25 - GRIEVANCE PROCEDURE
25.1 Definition and Procedural Steps. A grievance is
any dispute which involves the interpretation or application
of any provision of this MOU excluding, however, those
provisions of this MOU which specifically provide that the
decision of any County official shall be final, the
interpretation or application of those provisions not being
subject to the grievance procedure. The Union may
represent the grievant at any stage of the process.
Grievances must be filed within thirty (30) days of the
incident or occurrence about which the grievant claims to
have a grievance and shall be processed in the following
manner:
A. Step 1 . Any employee or group of employees who
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment
shall discuss the complaint with the grievant's
immediate supervisor, who shall meet with the
grievant within five (5) days of receipt of a written
request to hold such meeting.
B. Step 2. If a grievance is not satisfactorily resolved
in Step 1 above, the grievant may submit the
grievance in writing within ten (10) work days to
such management official as the Department Head
may designate. This formal written grievance shall
SEW 535 SLS - 107 - 1995-99 MOU
state which provision of the MOU has been
misinterpreted or misapplied, how misapplication
or misinterpretation has affected the grievant to the
grievant's detriment, and the redress the grievant
seeks. A copy of each written communication on a
grievance shall be filed with the Director of Human
Resources. The Department Head or his or her
designee shall have ten (10) work days in which to
respond to the grievance in writing.
C. Step 3. If a grievance is not satisfactorily resolved
in Step 2 above, the grievant may appeal in writing
within ten (10) work days to the Human Resources
Director. The Human Resources Director-or his or
her designee shall have twenty (20) work days in
which to investigate the merit of the complaint and
to meet with the Department Head and the grievant
and attempt to settle the grievance and respond in
writing.
D. Step 4. No grievance may be processed under
this Section which has not first been filed and
investigated in accordance with Step 3 above and
filed within ten (10) work days of the written
response of the Human Resources Director or
designee. If the parties are unable to reach a
mutually satisfactory accord on any grievance
which arises and is presented during the term of
this MOU, such grievance shall be submitted in
writing to an Adjustment Board comprised of three
(3) Union representatives, no more than two (2) of
whom shall be either an employee of the County or
an elected or appointed official of the Union
presenting ' this grievance, and three (3)
representatives of the County, no more than two
SEW 535 SLS - 108 - 1995-99 MOU
(2) of whom shall be either an employee of the
County or a member of the staff of an organization
employed to represent the County in the meeting
and conferring process. Where the parties agree,
the Adjustment Board may be comprised of two (2)
Union representatives and two (2) County
representatives. The Adjustment Board shall meet
within twenty (20) work days of receipt of the
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
grievance will move to arbitration upon demand.
E. Step 5. If an Adjustment Board is unable to arrive
at a majority decision, either the grievant or the
County, may require that the grievance be referred
to an impartial arbitrator who shall 'be designated
: by mutual agreement between the grievant and the
Human Resources Director. Such request shall be.
submitted within twenty (20) work days of the
rendering of the Adjustment Board decision. Within
twenty (20) work days of the request for arbitration
the parties shall mutually select an arbitrator who
shall render a decision within thirty (30) work days
from the date of final submission of the grievance
including receipt of the court reporter's transcript
and post-hearing briefs, if any. The fees and
expenses of the arbitrator and of the Court
Reporter shall be shared equally by the grievant
and the County. Each party, however, shall bear
the costs of its own presentation, including
preparation and post hearing briefs, if any.
SEW 535 SLS - 109 - 1995-99 MOU
25.2 Scope of Adjustment and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on
matters properly before them shall be final and
binding on the parties hereto, to the extent
permitted by law.
B. No adjustment Board and no arbitrator shall
entertain, hear, decide or make recommendations
on any dispute unless such dispute involves a
position in a unit represented by the Union which
has been certified as the recognized employee
organization for such unit and unless such dispute
falls within the definition of a grievance as-set forth
in Subsection 25.1 above.
C. Proposals to add to or change this MOU or to
change written agreements supplementary hereto
shall not be arbitrable and no proposal to modify,
amend, or terminate this MOU, nor any matter or
subject arising out of or in connection with such
proposals, may be referred to arbitration under this
Section. Neither any Adjustment Board nor any
arbitrator shall have the power to amend or modify
this MOU or written agreements supplementary
hereto or to establish any new terms or conditions
of employment.
D. If the Human Resources Director in pursuance of
the procedures outlined in Subsection 25.1 .0
. above, or the Adjustment Board in pursuance of
the provisions of Subsection 25.1 .D above resolve
a grievance which involves suspension or
discharge, they may agree to payment for lost time
SEW 535 SLS _ 110 - 1995-99 MOU
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.
25.3 Time Limits. The time limits specified above may
be waived by mutual agreement of the parties to the
grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will
automatically move to the next step. If a grievant fails to
meet the time limits specified in Steps 1 through 5 above,
the grievance will be deemed to have been settled and
withdrawn.
25.4 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Human Resources
Director. Only complaints which allege that employees are
not being compensated in accordance with the provisions of
this MOU shall be considered as grievances. Any other
matters of compensation are to be resolved in the meeting
and conferring process, if not detailed in the MOU which
results from such meeting and conferring process is next
opened for such discussion. No adjustment shall be
retroactive for more than two (2) years from the date upon
which the complaint was filed.
No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration
SEW 535 SLS - 111 - 1995-99 MOU
proceedings hereunder) will be recognized unless agreed to
by the County and the Union.
25.5 Strike/Work Stoppage. During the term of this
MOU, the Union, its members and representatives, agree
that it and they will not engage in, authorize, sanction, or
support any strike, slowdown, stoppage of work, sickout, or
refuse 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.
25.6 Merit Board.
A. All grievances of employees in representation units
represented by the Union shall be processed under
Section 25 unless the employee elects to apply to
the Merit Board on matters within its jurisdiction.
B. No action under paragraph C, D and E of
subsection 25.1 above shall be taken if action on
the complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is
pending before the Merit Board.
SEW 535 SLS - 112 - 1995-99 MOU
25.7 Filing by Union. The Union may file a grievance
at Step 3 on behalf of affected employees when action by
the County Administrator or the Board of Supervisors
violates a provision of this MOU.
25.8 Union Notification. An official with whom a formal
grievance is filed by a grievant who is included in a unit
represented by the Union in the grievance, shall give the
Union a copy of the grievance.
SECTION 26 - BILINGUAL PROVISIONS
A salary differential of fifty dollars ($50) per month shall be
paid incumbents of positions requiring bilingual proficiency
as designated by the appointing authority and Director of
Human Resources. Said differential shall be prorated for
employees working less than full time and/or who are on an
unpaid leave of absence for a portion of any given month.
Designation of positions for which bilingual proficiency is
required is the sole prerogative of the County.
Effective July 1 , 1996, the current program differential shall
be increased from fifty dollars ($50) per month to sixty
dollars ($60) per month. Effective October 1 , 1997, the
differential shall be increased to a total of sixty-five dollars
($65) per month.
SECTION 27 - RETIREMENT CONTRIBUTION
27.1 Contribution. Pursuant to Government Code
Section 31581 . 1 , the County will continue to pay fifty
percent (50%) of the retirement contributions normally
SEW 535 SLS - 113 - 1995-99 MOU
required of employees. Such payments shall continue for
the duration of this MOU, and shall terminate thereafter.
Employees shall be responsible for payment of the
employees' contribution for the retirement cost of living,
program as determined by the Board of Retirement of the
Contra Costa County Employees' Retirement Association
without the County paying any part of the employees share.
The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
27.2 Tier III Retirement Plan. 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 111, from and after the date of implementation,
shall be the same as Tier I. The disability benefits
for Tier III shall be the same as the current Tier II
disability provisions.
3. The amount of the employee's required retirement
contribution shall be established by the County
Employees' Retirement Association and shall be
based on the employee's age at entry into the
retirement system.
4. Employees represented by the Labor Coalition and
its member employee organizations (herein
SEW 535 SLS - 114 - 1995-99 MOU
referred to as 'Labor'.Coalition ),Coalition'), enrolled in Tier 11
who have attained five (5) years of retirement
credited service as of the effective date of the
enabling legislation shall have a six (6) month
period after such date to make a one, time
irrevocable election of the Tier III Retirement Plan
expressed herein subject to action by the Board of
Supervisors to implement the Plan. Thereafter,
employees represented by the Labor Coalition
enrolled in Tier II who have attained five (5) years
of retirement credited service shall have a ninety
(90) day period to make a one time irrevocable
election of the Tier III Retirement Plan expressed
herein.
5. a. The County's employer contributions and
subvention of employee contributions for
Labor. Coalition employees electing Tier III
which exceed those which would be required
for Tier II membership shall:
1 . be funded by reducing the general wage
increase agreed upon to be effective
October 1 , 1997, and the pay equity
amounts attributable thereto, by . a
percentage sufficient to reduce the
County's wage obligation by three ($3)
million dollars per year; and the general
wage increase of all employees
represented by the Labor 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
SEW 535 SLS - 115 - 1995-99 MOu
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 11.1 on the
County's retirement costs, such increase
shall be funded by reducing the general
wage increase(s) agreed upon in future
years, and the pay equity amounts
attributable thereto, to the extent that
future wage increases are granted; and
the general wage increase(s) of all
employees represented by the Labor
Coalition shall be reduced accordingly;'
and
3. in the event the County's costs
attributable to the Tier III Retirement Plan
are less than $3 million per year, the
difference shall be divided by twelve and
each twelfth shall be augmented by an
amount equal to the County's common
pooled fund interest which would have
accrued if one twelfth had been invested
in the first month of the past year, two
twelfths in the second month of the past
year and so forth; and
4. any savings to the County resulting from
the creation and operation of Tier l i i shall
be used to offset future County retirement
cost increases attributable to the creation
and operation of Tier III; and
SEW 535 SLS - 116 - 1995-99 MOU
5. County savings shall be held in an
account by the Auditor-Controller which is
invested in the County's common pooled
fund and will accrue interest accordingly.
The County will report yearly to the Labor
Coalition on a) the beginning account
balance, b) the interest earned, c)
expenditures from the account to cover
increased costs resulting from the Tier III
Retirement Plan, and d) the ending
account balance.
b. Any increased costs to the County, due to Tier
III participation by employees not represented
by the Labor Coalition, shall not be funded by
reduction of general wage increases otherwise
due to the employees represented by the
Labor Coalition.
c. Subject to the provisions expressed above,
any and all additional employer and County-
paid employee contributions. which exceed the
sum of the County's legally required
contributions under Tier II shall be recovered
by reducing general wage increases to the
employees represented by the Labor
Coalition.
d. Any disputes regarding cost or savings shall
be subject to binding arbitration upon demand
of the Labor Coalition or the County.
6. a. The enabling legislation shall provide that the
Tier III Retirement Plan may be implemented
SEW 535 SLS - 117 - 1995-99 MOU
only by an ordinance enacted by the Board of
Supervisors.
b. Board of Supervisors' action to implement the
Tier III Retirement Plan shall be taken not
earlier than seven (7), months after the
effective date of the legislation plus thirty (30)
days after an actuarial report on the County
cost of the Plan is received by the County,
provided that before ' enactment of the
ordinance, the Labor Coalition has not notified
the County in writing that a one percent (1 %)
wage increase shall be implemented by the
County effective October 1 , 1997, without
interest, in lieu of implementation of the Tier III
Retirement Plan.
7. The establishment of the Tier III Retirement Plan
pursuant to the terms of this Memorandum of
Understanding shall be subject to approval by the
Board of Retirement of the Contra Costa County
Employees' Retirement Association.
8. In the event the County is prevented from
implementing the Tier III Retirement Plan for any
reason on or before the termination date of this
MOU, the agreement of the parties regarding a Tier
III Retirement Plan shall expire and a one percent
(1 %) lump sum wage increase , shall be
implemented by the County within sixty (60) days
after the determination that Tier III cannot be
implemented or as soon thereafter as practicable
for the period covering October 1 , 1997 through
such termination date, without interest, in lieu of
the Tier III Retirement Plan.
SEW 535 SLS - 118 - 1995-99 MOU
SECTION 28 - TRAINING REIMBURSEMENT
The Social. Service Department shall establish an annually
renewable training reimbursement fund in the amount' of
$5,000 for the exclusive purpose of reimbursing employees
covered by this agreement for the cost of tuition, fees,
books, and other employee expenses incurred in the pursuit
of work related education, continuing education, or work
related graduate degree. Said fund shall replace the career
development training reimbursement described in the
County Administrative Bulletin on Training. Reimbursement
under said fund will be limited to two hundred 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.
When authorized as operationally beneficial to the.
Department, up to fifty dollars ($50) of the training
reimbursement fund per calendar year per employee may be
used toward conference attendance or related materials not
covered in the Professional Development Allowance in
Section 52.4. Effective July 1 , 1996, reimbursement under
the above limits for the cost of books for career development
shall be allowable.
SECTION 29 - MILEAGE
29.1 Reimbursement Rate. Effective May 1 , 1992 the
mileage allowance for use of personal vehicles on County
business shall be paid according to the rates allowed by the
Internal Revenue Service and shall be adjusted to reflect
changes in this rate on the date it becomes effective or the
SEW 535 SLS _ 119 - 1995-99 MOU
first of the month following announcement of the changed
rate by the Internal Revenue Service, whichever is later.
29.2 Regulations. The County Administrator shall
promulgate regulations covering these matters and the
submission of account claims to the Auditor-Controller.
SECTION 30 - RESPITE LEAVE WITHOUT PAY
All employees represented by Local 535 shall be granted
ten (10) days respite leave without pay per fiscal year. Such
leave shall be taken in increments of one (1) full day (eight
(8) hours) and shall be requested in writing. Conflicting
requests for respite. leave shall be resolved by the
Department Head or designee with preference given to
employees according to their seniority in the department, as
reasonably as possible. Any balance in the ten (10) days
respite leave which remains at the end of the fiscal year
shall not be carried over into the next fiscal year.
SECTION 31 - CONSERVATORSHIP DIFFERENTIAL
The County will continue to pay a conservatorship
differential to any employee covered by this agreement who
supervises one or more employees receiving such a
conservatorship differential.
SECTION 32 - NOTICE OF NEW EMPLOYEES
The County agrees to periodically mail to Social Services
Union, Local 535 a list of names, classifications, and the
SEW 535 SLS - 120 - 1995-99 MOU
designation of permanent employment category of new
employees appointed to classifications represented by Local
535. Said periodic list will be mailed within forty-five (45)
days of the end of each month.
SECTION 33 - PERSONNEL FILES
A Department shall maintain only one official personnel file.
33.1 Inspection. Each employee, or an employee's
representative so designated by written authorization of the
employee, shall have the right to inspect and review the
employee's personnel file upon request at reasonable times
and for reasonable periods during the. regular business
hours of the County.
33.2 Inspection Exclusions. - Documentation in the
personnel file relating to the investigation of a possible
criminal offense, medical records which contain a
physician's admonition that the employee not see such
records, and information or letters of reference shall be
specifically excluded from such inspection and review.
33.3 Removal and Release of Material. Pre-
employment reference material shall be removed from the
personnel file after one (1) year of continuous employment
with the County.
Medical records may be released to qualified medical
authorities upon execution of a written release by the
employee and with the concurrence of the County's medical
authorities.
SEW535 SLS - 121 - 1995-99 MOU
33.4 Copies. An employee may request copies of other
material contained in the personnel file. The employer shall
bear the cost of the reproduction of copies.
A. The County shall provide the employee with copies
of all performance evaluation reports and letters of
reprimand or warning or other negative material
prior to the placement of such documents in the
employee's departmental personnel file.
B. A counseling memo placed in an employee's
departmental personnel file which is not referenced
in the employee's subsequent performance
evaluation shall be removed from the employee's
departmental personnel file upon the written
request of the employee. If an employee is not
evaluated when an annual performance is due, the
employee may request through the Department
Personnel Officer that a performance evaluation be
completed. If an employee has not had a
performance evaluation within eighteen (18)
months subsequent to a counseling memo being
placed in the employee's department personnel
file, the counseling memo shall be removed from
the employee's personnel file, provided that there
has not been a subsequent counseling memo on
the same subject in that period of time.
C. Upon written request of the employee, copies of
letters of reprimand or warning shall be sent to the
Union.
33.5 Employee Response. The County shall afford the
employee the opportunity to respond in writing to any
SEW 535 SLS - 122 - 1995-99 MOU
information contained in their personnel file. Such response
shall be included in the employee's personnel file.
SECTION 34 - COUNSELING
Whenever an employee's job performance and/or conduct
becomes less than satisfactory, counseling shall be
provided by the employee's supervisor. Such counseling
shall specifically state the unsatisfactory nature of the
employee's performance and/or conduct and specific ways
in which the employee can bring such performance and/or
conduct up to the satisfactory level.
Said counseling shall be provided as soon as possible after
the occurrence of the less than satisfactory performance
and/or conduct. No adverse action shall be taken by the
County against any employee unless such counseling has
been provided and time for improvement has been given.
The employee's supervisor shall prepare written
documentation of such counseling and provide a copy of the
documentation to the employee.
The foregoing shall not apply to probationary employees or
in those cases where immediate disciplinary action is
necessary.
If, after such a counseling session has occurred between a
supervisor and employee, the employee requests of the
Department Personnel Officer a meeting with a
Steward/Officer of the union and Department
representatives, such a meeting shall be held. This meeting
shall be held within fifteen (15) working. days.
SEW 535 SLS - 123 - 1995-99 MOU
SECTION 35 - PERFORMANCE EVALUATION
35.1 Purpose. The purpose of a performance evaluation
for an employee is to measure the employee's performance
against the job specifications and performance requirements
of the position that the incumbent is filling. It answers the
questions of how well an employee is doing in meeting the
department's performance standards for this job. It satisfies
a basic requirement for the employee to know where he/she
stands with the organization in regard to his/her
performance. it delineates ., areas of strengths and
weaknesses. Where performance is below standard, it
suggests possible ways of making improvement.
35.2 Probationary Period. During the probationary
period, the performance evaluation is used as the last phase
of an individual's examination process. Probationary
employees receive a preliminary evaluation at the end of
three (3) months, and a final evaluation after their fifth (5th)
month of probation. An overall rating of STANDARD must
be received on the final probationary evaluation in order for
the employee to achieve permanent status.
35.3 Annual Evaluation. Once an employee achieves
permanent.status, the employee's performance is evaluated
at least once a year. Additional evaluations may be made
between these required evaluations as necessary.
Evaluations will also be made when an employee or
supervisor terminates, or when an employee or supervisor
is reassigned to another unit and , more than three (3)
months have elapsed since the last written evaluation.
35.4 Below Standard Evaluation. In the event a
permanent employee receives an overall rating of BELOW
SEIU 535 SLS - 124 - 1995-99 MOU
STANDARD, such employee . must be reevaluated within
three (3) months following the date of the report. If the
employee shows no significant improvement at the end of
this period, a recommendation for demotion or dismissal will
be made. However, if at the end of three (3) months, there
has been improvement but the employee's performance is
still not at a STANDARD level, the employee may be given
two (2) additional three-month periods to meet the standards
if the supervisor agrees those standards will be reached
during this period.
The work performance of each employee is to be rated on
all of the rating factors on the appropriate form. Each of
these factors has been found to be of critical importance in
determining successful job performance for employees.
Individual rating factors and overall ratings of BELOW
STANDARD must be substantiated in the Comments
section, as well as suggestions or plans for improved
performance in those areas.
If some significant aspect of performance is above the level
indicated by the factor rating, this may be pointed out by a
statement in the Comments section to the employee.
35.5 Discussion With Employee. The Rater will
discuss the report with the employee and provide the
employee with a copy at that time if the employee wishes to
discuss the report with the Reviewer. In signing the report,
the employee is merely acknowledging having seen the
report; it does not indicate agreement.
35.6 Definitions of Ratings. A factor rating of ABOVE
STANDARD means that this part of the employee's work
SEW 535 SLS - 125 - 1995-99 MOU
performance is consistently ,beyond the level expected of a
competent worker in the position.
An overall rating of STANDARD means that the employee's
work performance is acceptable and will result, where per-
tinent, ' in receipt of salary increment,. promotion, or
permanent status.
A factor rating of BELOW STANDARD means that this part
of the employee's work performance is frequently below the
level of a competent worker in the position and that effort
should be_ made to improve. An overall rating of BELOW
STANDARD means the employee's work performance is
inadequate and may result in the loss or delay of the salary
increment, demotion, dismissal, or rejection on probation.
35.7 Appeal Procedure. If an employee believes his/her
rating is improper, he/she should discuss it with the Rater.
If still not satisfied, the employee should sign the report and
place an "X" in the space provided by his/her signature to
indicate he/she wishes to discuss the report with the
Reviewer (the Social Service Division Manager). Within five
(5) calendar days after being given a copy of the Report of
Performance Evaluation, an employee who wishes
consideration in addition to the Rater's evaluation should
prepare a written statement to the Reviewer as follows: 1 )
Identify the report by stating the date of the report, the name
of the Rater, and the date the report was received; 2)
Specify the ratings or comments which he/she believes are
incorrect and should be changed; 3) Give facts
substantiating the requested changes to these ratings or
comments; 4) Keep a copy of the written request and send
the original to the Reviewer. Upon receiving the written
statement, the Reviewer will have five (5) calendar days to
meet with the employee to consider the employee's
SEW 535 SLS - 126 -- 1995-99 MOU
comments and to respondin writing. The Reviewer's
response shall be given to the employee. A copy of the
Reviewer's response along with the employee's written
statement shall be attached to the Report of Performance .
Evaluation. Failure to allow the foregoing procedure is
subject to the grievance procedure. However, disputes over
the actual content or ratings themselves in individual
evaluations are not grievable.
SECTION 36 SAFETY PROGRAM
Health and safety , standards shall be maintained in all
County facilities to a maximum degree consistent with the
conduct of efficient operations.
The Social Service Department shall operate a department-
wide employee health and safety program. This program
shall consist of:
a. A central department Safety Committee comprised
of one (1) member appointed by Local 535 from
each major building location, one (1 ) management
employee who shall be the Building Manager for
that location and other employee organization
representatives, and the Department Personnel
Officer, or designee. The Department Personnel
Officer, or designee, will serve as chairperson.
The committee shall meet every six (6) weeks.
b. All Committee members will receive training on a)
accident/injury reporting procedures, b)
accident/injury investigation and prevention, c)
safety awareness, and d) procedures by which
safety concerns are handled.
SEW 535 SLS - 127 - 1995-99 MOu
C. The committee shall consider items and
information raised by its members related to the
department's health and safety program.
Committee recommendations shall be reported to
and reviewed by the Department Head who shall
respond in writing to all recommendations.
SECTION 37 - FLEXIBLE STAFFING
37.1 Designation. Certain positions may be designated
by the Human Resources Director as flexibly staffed
positions. Positions are generally allocated at the first level
of the job series when vacated. When the position is next
filled and an incumbent of one of these positions meets the
minimum qualifications for the next higher level and has met
appropriate competitive requirements he/she may then be
promoted to the next .higher classification within the job
series without need of a classification study.
The following job classifications are flexibly staffed:
None.
Open examinations at either level in the above mentioned
classifications shall be administered upon the request of the
Department Head and approval of the Director of Human
Resources.
37.2 Continuous Testing for Flexibly Staffed
Classes. Employees in a flexible staffed job series which
have been determined by the Director of Human Resources
as appropriate for continuous testing may apply for
promotion to the next higher classification level as follows:
SEIU 535 SLS - 128 - 1995-99 MOU
Applicants must file the regular Human Resources
Department Application for Examination Form and where
applicable, the appropriate supplemental questionnaire with
the Human Resources Department. The first Friday in each
month is the filing deadline for any candidate who meets the
minimum qualifications at any time during that month. The
names of accepted applicants will be placed on the eligible
list by the first working day of the following month.
Employees who file applications must notify their supervisor
and their departmental personnel officer. Nothing contained
in this section shall be construed as making a promotion
automatic or automatically effective on the first of the month
following the filing of an application. It is the responsibility
of the Department that wishes to promote employees in
flexibly staffed positions to submit a personnel request
.(certification request) prior to the first day of the month in
which they wish to promote the employee. Personnel
requests for promotion of employees to become effective on
the first of the month must be in the Human Resources
Department by the last working day of the prior month. It is
the employees responsibility to submit applications for
promotion sufficiently in advance to assurereceipt in the
Personnel Office by the first Friday of the month in which
they become eligible for promotion.
If an error occurs in the Human Resources Department
which causes a delay in the processing of an application,
said error shall be corrected and the employee shall be .
placed on the eligible 1ist retroactively to the first of the
month following his/her eligibility.
If an operating department verifies in writing the intent to
promote an employee on the first of the month following
eligibility, said appointment shall be made retroactive to the
first of the month following his/her eligibility.
SEIU 535 SLS - 129 - 1995-99 MOU
SECTION 38 - STAFFING ALLOCATIONS AND
REASSIGNMENTS
On the basis of the Department's staffing distribution review,
the Department may consider reassignment of staff
represented by this agreement.
The following procedure shall be used:
a. Internal moves within the Division may be made at
the discretion of the Assistant Director within
twenty (20) working days following publication of
staff allocations. -
b. Authorized staffing levels shall be determined as
needed by the Department. Vacant authorized
positions shall be bid to the appropriate class in all
offices for a three-day period and, as provided
below, may be certed simultaneously from the
appropriate Eligible List, or filled as otherwise
provided in the MOU or County Regulations.
Where there are at least five (5) bid responses for
a Social Work Supervisor li position, or four (4) bid
responses for a Social Work Supervisor I or other
remaining classes within the representation Unit,
the Department shall only interview and select from
those respondents. Where there are less than the
minimum bid respondents at any point in the bid
process, the Department may cert from the
appropriate eligible list or fill. as otherwise provided
in the MOU or County regulations, provided,
however, that all bid respondents will be
interviewed. Authorized vacancies resulting from
SEW 535 SLS - 130 - 1995-99 MOU
the bid process may automatically be certed from
an appropriate eligible list. In the event of
workload imbalance, upon mutual agreement
between the Union and Department, bids may be
limited so specific Division(s) to correct said
imbalance.
C. Employees responding to bids shall complete
Department Reassignment Request Forms and
submit these to the Department Personnel Unit.
Such Reassignment Request Forms must be
received by 5:00 p.m. on the day the bid closes.
d. If there are less than five (5) responses to-a. posted
bid notice and the Department is not able to
otherwise fill the position, the Department may
consider the bid responses and/or consider
reassignment of one (1 ) of the three (3) least
senior employees within the classification within
two (2) weeks of the closing of the bid. If there are
only two (2) bidders; the two (2) bidders will be
considered for reassignment along with the least
senior employee; if there is only one (1) bidder,
that bidder will be considered for reassignment
along with the two (2) least senior employees.
e. If a vacancy occurs in the same class and in the
same division from which an employee was
involuntarily reassigned, the Department shall offer
the position to the employee who was involuntarily
reassigned. If the employee declines the offer, or
voluntarily transfers after such involuntary
reassignment, he/she will not be considered for
any future vacancies in that Division except as
provided for in 38 b. above.
SEW 535 SLS - 131 - 1995-99 MOU
f. Positions flagged as needing a language skill or
special qualifications shall be identified on bids.
Only employees having such skill or meeting such
qualifications shall be accepted for bid interview or
for mandatory reassignments as provided in this
section.
g. Specially funded assignments, assignments of
limited duration (less than six (6) months), special
circumstances (which generally will be less than
six (6) months) or requiring special skills, and
assignments made due to reorganization, shall not
be subject to procedures in this section. The
Department is not limited in its description of the
special circumstances described in this section
which may necessitate a specific reassignment of
employees.
h. Reassignments shall not be . used as a
replacement for discipline. Employees on probation
or in an Improvement Needed Review status shall
not be reassigned. If one (1 ) of the least senior
persons in the class is on Improvement Needed or
on probation, a total of three (3) eligible least
senior persons in the class will be considered for
reassignment, unless the bid is limited to a specific
Division in accordance with 38 b. herein, in which
case the three (3) least senior persons in that
specific Division will be considered for
reassignment.
i. The Department's selection decision in accordance
with the procedures outlined in this section are not
subject to the Grievance Procedure contained in
Section 25 herein. .
SEW 535 SLS - 132 - 1995-99 MOu
SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under
the following circumstances and in the amount specified:
a. When the employee is required by his/her
Department.Head to attend a meeting concerning
County business or County affairs.
b. When the employee is required to be out of his/her
regular or normal work area during a meal hour
because of a particular work assignment.
C. When the employee is required to stay over to
attend consecutive or continuing afternoon and
night sessions of a board or commission.
d. When the employee is required to incur expenses
as host for official guests of the County, work as
members of examining boards, official visitors, and
speakers or honored guests at banquets or other
official functions.
e. When the employee is required to work three (3) or
more hours of overtime; in this case he or she may
be reimbursed in accordance with 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.
SEIU 535 SLS - 133 - 1995-99 MOU
Procedures and definitions relative to reimbursement for
meal expenses shall be in accordance with the
Administrative Bulletin on Expense Reimbursement.
SECTION 40 - PERSONAL PROPERTY
REIMBURSEMENT
The loss or damage to personal property of employees is
subject to reimbursement under the following conditions:
a. The loss or damage must result from an event
which is not normally encountered or anticipated
on the job and which is not subject to the control of
the employee.
b. Ordinary wear and tear of personal property used
on the job is not compensated.
C. Employee tools or equipment provided without the
express approval of the department head and
automobiles are excluded from reimbursement.
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.
SEW 535 SLS - 134 1995-99 MOU,
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
Property.
SECTION 41 - LENGTH OF SERVICE DEFINITION (for
service awards and vacation accruals)
The length of service credits of each employee of the
County shall date from the beginning of the last period of
continuous County employment (including temporary,
provisional, and permanent status, and absences on
approved leave of absence). When an employee separates
from a permanent position in good standing and within two
(2) years is reemployed in a permanent County position, or
is reemployed in a permanent County position from a layoff
list within the period of layoff eligibility, service credits shall
include all credits accumulated at time of separation, but
shall not include the period of separation. The Human
SEW 535 SLS - 135 - 1995-99 MOu
Resources Director shall determine these matters based on
the employee status records in his/her department.
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.
The following procedures shall apply with respect to service
awards:
Presentation Before the Board of Supervisors
An employee with twenty (20) or more years of service may
go before the Board of Supervisors to receive his/her
Service Award. When requested by a department, the
Human Resources Department will make arrangements for
the presentation ceremony before the Board of Supervisors
and notify the department as to the time and date of the
Board meeting.
Service Award Day Off. Employees with fifteen (15) or more
years of service are entitled to take the day off with pay at
each five (5) year anniversary.
SECTION 43 - PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated vacation
and sick leave benefits. They are eligible for health, dental
and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time.
SEIU 535 SLS - 136 - 1995-99 MOU
If the employee works at least fifty percent (50%) of full time,
County retirement participation is also included.
SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE
BENEFITS
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
SECTION 45 - PERMANENT-INTERMITTENT HEALTH
PLAN
A permanent-intermittent employee may participate in the
County Group Health Plan Program wholly at the
employee's expense. The employee will be responsible for
paying the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean automatic
and immediate withdrawal from the County Group Health
Plan and reinstatement may only be effectuated during the
annual open enrollment period.
SECTION 46 - 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. Said provisional employees may participate in the
County Group Health Plan Program 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
SEW 535 SLS - 137 - 1995-99 MOU
and punctually. Failure to meet the premium deadline will
mean automatic and immediate withdrawal from the County
Group Health Plan Program and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 47 - INDEMNIFICATION AND DEFENSE OF
COUNTY EMPLOYEES
The County shall defend and indemnify an employee against
any claim or action against the employee on account of-an
act or omission in the scope of the employee's employment
with the County in accordance with, and subject .to, the.
provisions of California.Government Code Sections 825 et
seq and 995 et seq.
SECTION 48 - MODIFICATION & DECERTIFICATION
For the duration of this MOU the following amendments to
Board Resolution 81/1165 shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified
in the first paragraph to delete the ten (10) percent
requirement for an employee organization intervening in the
unit determination process and substitute therefore a thirty
(30) percent requirement.
Section 34-12.013 - Election Procedure (b) shall be modified
in the first paragraph to delete the ten (10) percent
requirement for any recognized employee organization(s) to
appear on the ballot and substitute therefore a thirty (30)
percent requirement.
SEW 535 SLS - 138 - 1995-99 MOU
Section 34-12.016 - Modification of Representation Units
shall be modified in the first sentence by adding words to the
effect of "most recent" to the date of determination. This
section shall be modified in the second sentence to require
that petitions for modification of a representation unit be filed
during a period of not more than one hundred and fifty (150)
days nor less than one hundred and twenty (120) days prior
to the expiration of the MOU in effect. The last sentence of
this section shall be modified so that modification of a
representation unit shall not negate the, term of an existing
MOU between the County and the recognized employee
organization of the unit prior to the modification proceedings.
Section 34-12.018 - Decertification Procedure shall be
modified in the first sentence by adding words to the effect
of "most recent" to the date of formal recognition and by
requiring the petition be submitted during a period of not
more than one hundred and fifty (150) days nor less than
one hundred and twenty (120) days prior to the expiration of
the MOU in effect.
SECTION 49 - UNFAIR LABOR PRACTICE
49.1 Filing. Either the County or the Union may file an
unfair labor practice as defined in Board of Supervisors'
Resolution 81/1165 against the other. Allegations of an
unfair labor practice, if not resolved in discussions between
the parties within thirty (30) work days from the date of
receipt, may be heard and decided by a mutually agreed
upon impartial third party.
49.2 Unfair Labor Practice - County. It is an unfair
labor practice for the County to:
SEW 535 SLS - 139 - 1995-99 MOU
a. Interfere with, restrain. or coerce employees in the
exercise of the right' recognized or granted in this
division;
b. dominate or interfere with the formation of any
employee organization or interfere with selection of
a majority representative;
C. contribute financial support to any employee
organization; or
d. refuse to meet and confer in good faith (with
representatives of formally organized employee
organizations on matters within the scope of
representation), or to refuse to consult with
informally recognized employee organizations on
matters within the scope of representation.
49.3 Unfair Labor Practice - Union. It is an unfair labor
practice for the Union or their representatives or members
to:
a. interfere with, restrain or coerce employees in the
exercise of the rights recognized or granted in this
division;
b. coerce, attempt to coerce or discipline any member
of an organization so as to hinder or impede the
performance of his/her duties;
C. discriminate against any employee with regard to
the terms or conditions of membership because of
race, color, creed, sex or national origin;
SEW 535 SLS - 140 - 1995-99 MOU
d. refuse to consult, or meet and confer in good faith,
with management representatives on matters
Within the scope of representation; or
e. initiate, engage in, cause, instigate, encourage or
condone a work stoppage of any kind or other
disruptive activities which are detrimental to the
conduct of county business and services.
f
SECTION 50 - DEPENDENT CARE
A. Dependent Care Information & Referral Service.
The County will administer an "Information &
Referral Service" through the Contra Costa Child
Care Council for the duration of this MOU.
B. Dependent Care Salary Contribution. Subject to
the applicable provisions of the Internal Revenue
Service, employees may contribute up to $5,000
each calendar year from their salaries for approved
dependent care; only eligible employees may
contribute for such expenses; there is no County
contribution for dependent care.
Reimbursements are made on a monthly basis
subject to submission of itemized statements,
adequate accumulation of the salary contribution,
proof of payment, and applicable County
administrative procedures.
SEW 535 SLS - 141 - 1995-99 MOU
SECTION 51 - SPECIAL STUDIES/OTHER ACTIONS
51 .1 Task Force. The Social Service Department and
representatives from SEIU Local 535 Service Line
Supervisors will form a Task Force consisting of four (4)
representatives from each party to review the amount and
nature of work of Service Line Supervisors. The Task Force
will make recommendations concerning streamlining
functions and/or processes, and establishing priorities for
the purpose of addressing workload. The Task Force will
begin no later than 60 days after the signing of a new MOU,
and will endeavor to complete its recommendations by the
end of September 1992.
51 .2 Differentials. The County and the Labor Coalition
agree to establish a Labor/Management Committee
comprised of five (5) Labor and five (5) Management
employees to study and recommend actions necessary to
standardize payment and application of differentials
including, but not limited to, proration for less than full-time
employees; the length of payment while on paid sick leave
or disability; and consistency between percent-based vs flat-
payment differentials.
51 .3 Bi Weekly Pay Periods. The County shall present
to the Labor Coalition a comprehensive proposal for
replacement of the current system of monthly pay with a bi-
weekly (every other week) pay system.
The Labor Coalition agrees to commence meet and confer
on those elements in the proposed bi-weekly payroll system
which are within the scope of bargaining and/or on the
impact of replacing the current monthly pay system with a bi-
SEIU 535 SLS - 142 - 1995-99 MOU
weekly system. Any implementation of a bi-weekly pay
system must be by mutual agreement of the parties.
Meet and confer on bi-weekly pay may also include as
applicable discussion on (1) the proration of vacation and
sick leave accruals for permanent part-time emploYees and
(2) discontinuing the payroll practice of applying a factor of
1 .05 when computing the base pay hourly equivalent for full-
time and part-time permanent employees for the purpose of
compensating shift differential, hazard pay, straight-time
overtime and straight-time holiday pay. However, these
discussions will not be contingent upon any agreement
reached regarding bi-weekly pay.
51 .4 Grievance Procedure. Representatives of the
County shall meet and confer with representatives of the
Labor Coalition in order to develop rules and guidelines
governing the conduct and administration of Adjustment
Boards.
SECTION 52 - SPECIAL BENEFITS
Social Services First Line Supervisors represented by Social
Services Union, Local 535 are eligible to receive the
following benefits:
a. Life Insurance. $35,000 Group Term Life Insurance
will be provided. Premiums for this insurance will
be paid by the .County with conditions of eligibility
to be reviewed annually.
b. LTD. Long-Term Disability Insurance will be
provided, with a replacement limit of eighty-five
SEW 535 SLS - 143 - 1995-99 MOU
percent (85%) of.,.total monthly base earnings
reduced by any deductible benefits. The premium
for this Long-Term Disability Insurance will be paid
by the County.
C. Vacation Buy Back. A vacation Buy Back plan will
be provided for reimbursement for up to one-third
(1/3) of an employee's annual vacation accrual,
subject to the following conditions: (a) the choice
can be made only once in each calendar year; (b)
payment shall be based on an hourly rate
determined by dividing the employee's monthly
salary by 173.33; and (c) the maximum number of
hours that may be reimbursed in any year is one-
third (1/3) of the annual accrual at the time of
reimbursement.
d. Professional Development. A Professional
Development Reimbursement Plan will be provided
to include reimbursement of up to one hundred fifty
dollars ($150) per fiscal year for memberships in
professional organizations, subscriptions to
professional publications, attendance fees at job-
related professional development activities, job-
related books, electronic calendars and organizers,
and software and hardware from a standardized
County approved list or with Department Head
approval, provided each employee complies with
the provisions of the Computer Use and Security
Policy adopted by the Board of Supervisors.
Authorization for individual professional
development reimbursement requests shall be
made by the Department Head. Reimbursement
will occur through the regular demand process with
SEW 535 SLS - 144 - 1995-99 MOU
demands being accompanied by proof of payment
(copy of invoice or canceled check).
e. Longevity Pay. A Longevity Pay Plan will provide a
2.5% increase in pay following completion of ten
(10) years of County Service, subject to appointing
authority approval based on merit.
f. Deferred Compensation Incentive. The County's
contribution to eligible employees who participate
in the County's Deferred Compensation Plan will
be forty dollars ($40) per month. To be eligible for
this incentive supplement, eligible employees must
first, as a member of this Union, contribute a Base
Contribution Amount to the Deferred
Compensation Plan as follows:
Current Qualifying Monthly Base Contrib.
Monthly Base Contr. Amt. for Maintaining
Salary Amount Incentive Prog. Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4127 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 100
6668 & above 2250 100
Employees who meet these Base Contribution
Amounts must contribute at least fifty dollars ($50)
or one hundred dollars ($100) per. month to remain
eligible for the forty ($40) County supplement.
Employees who discontinue contributions or who
contribute less than the required amount per month
for a period of one (1) month or more will no longer
be eligible for the $40 County supplement. To
SEW 535 SLS - 145 - 1995-99 MOU
reestablish eligibility,;employees must again make
a Base Contribution Amount as set forth above
based on current monthly salary. Employees with
a break in Deferred Compensation contributions
because of either an approved medical leave or
approved financial hardship withdrawal, shall not
be required to reestablish eligibility. . Further,
employees who lose eligibility due to budgetary
constraints but maintain contributions at the
required level and later return to an eligible position
shall not be required to reestablish eligibility.
SECTION 53 - ADOPTION
The provisions of this MOU shall be made applicable on the
dates indicated and upon approval by the Board of
Supervisors. Resolutions and. Ordinances, where
necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it is
determined that an Ordinance is required to implement any
of the foregoing provisions, said provisions shall become
effective upon the first day of the month following thirty (30)
days after such Ordinance is adopted.
SECTION 54 - SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISION
54.1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU fully and completely
incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the
parties in any and all matters subject to meet and confer.
SEW 535 SLS - 146 - 1995-99 MOU
Neither party shall, during the term of this MOU demand any
change herein, provided that nothing herein shall prohibit
the parties from changing the terms of'this MOU by mutual
agreement.
54.2 Separability of Provisions. Should any section,
clause or provision of this MOU be declared illegal, unlawful
or unenforceable, by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or
provision shall not invalidate the remaining portions hereof,
and such remaining portions shall remain in full force and
effect for the duration of this MOU.
54.3 Personnel Management Regulations. -Where a
specific provision contained in a section of this MOU
conflicts with a specific provision contained in a section of
the Personnel Management Regulations, the provision of
this MOU shall prevail. It is recognized, however, that
certain provisions of the Personnel Management
Regulations may be supplementary to the provisions of this
MOU and as such remain in full force and effect.
f
SEW 535 SLS - 147 - 1995-99 MOU
Neither party shall, during the term of this MOU demand any
change herein, provided that nothing herein shall prohibit
the parties from changing the terms of this MOU by mutual
agreement.
54.2 Separability of Provisions. Should any section,
clause or provision of this MOU be declared illegal, unlawful
or unenforceable, by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or
provision shall not invalidate the remaining portions hereof,
and such remaining portions shall remain in full force and
effect for the duration of this MOU.
54.3 Personnel Management Regulations.-Where a
specific provision contained in a section of this MOU
conflicts with a specific provision contained in a section of
the Personnel Management Regulations, the provision of
this MOU shall prevail. It is recognized, however, that
certain provisions of the Personnel Management
Regulations may be supplementary to the provisions of this
MOU and as such remain in full force and effect.
Date: 1 ,9 Iq
CONTRA COSTA COUNTY SEW LOCAL 535
SERVICE LINE SUPERVISORS
SEW 535 SLS - 147 - 1995-99 MOU
ATTACHMENT A
SOCIAL SERVICES UNION, LOCAL 535
SERVICE LINE SUPERVISORS UNIT
SALARIES - JULY 1 , 1996
Class Class Title Salary Range
X7SA SS Empl. Prog. Coordinator $3489 - 4241
X4SJ SS Prehearing Review Spec. $3534 - 4296
XOHB Social Work Supervisor 1 $3489 - 4241
XOHA Social Work Supervisor II $391-8 - 4762
X7HB Vocational Assessment Supvr. $3499 - 4253
ATTACHMENT B
Contra E- Human Resources
Costa fi .; Department
a ..:a..3:. �:
Administration Bldg.
County
a_�o�- 651 Pine Street,Third Floor
Martinez,California 94553-1292
(510)335-1764
Leslie T.Knight
February 18, 1997 Director of Human Resources
Joyce Baird, Field Representative
SEIU Local 535 - Service Line Supervisors Unit
661 - 27th Street
Oakland CA 94612
RE: TEMPORARY EMPLOYEES
Dear Ms. Baird:
This letter confirms agreement reached October 15, 1996 between the County and
Local 535 that subject to the approval and establishment of permanent positions by
.the Board of Supervisors, if necessary, temporary employees represented by Local
535 who have worked not less than 6,000 hours in temporary employee status
between January 1, 1991 and July 1, 1996 inclusive, shall be offered an appointment
to such positions, subject to qualification under the Personnel Management
Regulations, in the classification and department in which they currently work. Such
employees shall have the option of either remaining in temporary status (not to
exceed 1000 hours in a fiscal year) or being appointed to a permanent-intermittent,
permanent part-time, or permanent full-time position. The formula to be used to
calculate the position type (full-time, part-time) for each employee who elects
appointment to a permanent position is the employee's total number of temporary
hours worked on or after January 1, 1991 divided by the total number of months of
service in which those temporary hours were worked.
Additionally, the County agrees to meet and confer with Local 535 concerning the
future use of represented temporary employees.
Sincerely,
W'�7
Kathy Ito
Labor Relations Manager
ATTACHMENT C
Tentative Agreement
Wages & Health Plan Adjustments
The County and the members of.the Labor Coalition agree to jolt*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. Wags
Effective July 1, 1994, increase salary by 10 levels (1.0045%).
Effective January 1, 1995, increase salary by 10 levels (1.0045%). Any net savings
achieved by the County from the rrpiaccment of the 1st Choice Health Plan by the
QualMod Health Plan for those cbg'bk to a salary mase as provided herein and which is
above the cost of the 20 kvd salary increase shall be added to the I%salary c
effoctive January 1, 1995.7he California Nurses Aaaociation, IAFF Local 1230, and the
Union of American Physicians and Dentists are extudcd from these wage increases and
subvcation calculations.The savings shall be computed on a per cap basis as follows:
a. The County's "origaral cost"shall be computed by adding together the gross subvention
for each represented employee in 1st Choice for the month of 10-01-93, the sum then
increased b3, 14%.
b. The County's "current cost" shall be computed by adding together the gross subven-
tions of each represented employee who transferrod from 1st Choice to QualMcd, for
the month 1"1-94.
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 - -
Effoctiw 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 211/94: -
CCHP = County share 980/0
QualMed/Kaiser HMO's = County Share 7910/0
QualMed PPO = County share 77% to October 31, 1994.
Della Dental = Increase annual maximum benefit per member from 51,000 to 51.200.
4. Kaiser C_ o ays
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 RevieNN- Committee
The County proposal for a labor/management health plan re\le%v 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 writh a health plan provider, such contact shall be initiated by the
chairperson.
7. Wellness
The Count)- proposal on Wellness presented 1/6/94 is accepted and is effective February 1,
1994.
8. Indemnification
The County will indemnifi• all unions in the Coalition in actions brought regarding
termination of the 1st Choice Health Plan.
9. Runout
The County aures 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 Januarn', 1994. through February', 1994, and
shall subsequently.be in November of each year.
Dated: January 13, 1994
For the Count\T: For the Coahtio
SUBJECT INDEX
AdvanceNotice....................................................................................... 9
AnniversaryDates................................................................................. 16
Bilingual Provisions............................................................................. 113
CallBack Time...................................................................................... 32
Catastrophic Leave Bank..................................................................... 66
ChildCare ............................................................................................. 90
Communicating With Employees........................................................... 7
Compensation Complaints .... ........................................................... 111
Compensation for Portion of Month..................................................... 19
Confidentiality of Information/Records.................................................... 90
Conservatorship Differential............................................................... 120
Counseling............................................................................................ 123
Days & Hours of Work..........................................................................28
DeferredRetirement............................................................................. 86
Demotion............................................................................................. 105
DependentCare.................................................................................. 141
Disability................................................................................................ 54
Dismissal............................................................................................. 102
DualCoverage .................................................................................... 107
DuesDeduction....................................................................................... 5
Family Care Leave or Medical Leave................................................... 72
FlexibleStaffing............................... ................................................. 128
Furlough Days Without Pay.................................................................. 71
General Wage Increases...................................................................... 12
Grievance Procedure.......................................................................... 106
Group Health Plan Coverage,............................................................... 76
Health Care Spending Account............................................................ 88
HealthPrograms................................................................................... 83
Holidays............. ..................................................................................43
Indemnification & Defense of County Employees............................. 138
Jury Duty................................. ............................ 81
..................................
Leaveof Absence................................................................................. 69
Leave Pending Employee Response................................................. 105
Length of Service Definition.............................................................. 135
Maintenance of Membership.................................................................. 5
MealExpenses............................ . ...................................................... 133
Medical Certification.............................................................................. 73
MeritBoard.......................................................................................... 112
Mileage Reimbursement .................................................................... 119
MilitaryLeave........................................................................................ 71
NoDiscrimination.................................................................................. 10
Notice of New Employees................................................................... 120
On-Call Duty ......................................................................................... 32
OpenExam............................................................................................ 95
Part-Time Compensation....................................................................... 19
Pay Equity Implementation................................................................... 13
Pay for Work in Higher Classification...................................................24
PayWarrant Errors...............................................................................27
Performance Evaluation ..................................................................... 124
Permanent Intermittent Employee Benefits........ ............................ 137
Permanent Part-Time Employee Benefits.......................................... 136
PERSLong Term Care......................................................................... 90
PersonalLeave..................................................................................... 31
Personal Property Reimbursement.................................................... 134
PersonnelFiles.................................................................................... 121
Physical Examination Requirement..................................................... 97
Position Reclassification....................................................................... 19
Pregnancy Disability Leave.................................................................. 76
ProbationaryPeriod.............................................................................. 90
PromotionPolicy.................................................................................... 95
Promotion Via Reclass Without Examination....................................... 95
Provisional Employee Benefits........................................................... 137
- II -
Reassignment of Laid Off Employees..................................................42
Resignations........................................................................................ 100
Respite Leave Without Pay................................................................ 120
Retirement Contribution...................................................................... 113
RetirementCoverage............................................................................ 85
SafetyProgram................................................................................... 127
Salary on Appointment From a Layoff List.......................................... 22
Salary on Involuntary Demotion...........................................................22
Salaryon Promotion ............................................................................. 22
Salaryon Transfer.............................................................. ................ 23
Salary on Voluntary Demotion.............................................................. 23
Salary Reallocation & Salary on Reallocation..................................... 20
Scope of Adjustment Board & Arbitration Decisions......................... 110
SDIProgram..........................................................................................65
SeniorityCredits....................................................................:.......... 96
Separation Through Layoff................................................................... 35
ServiceAwards................................................................................... 136
Shift Differential..................................................................................... 33
Shop Stewards & Official Representatives..........................................
SickLeave........................................................... ................................46
Skelly Requirements........................................................................... 104
Social Service Office Stewards............................................................ 12
SpecialBenefits.................................................................................. 142
Special Studies/Other Actions............................................................ 141
Staffing Allocations & Reassignments............................................... 130
Strike/Work Stoppage......................................................................... 112
Suspension.......................................................................................... 106
Tier III Retirement Plan.:..................................................................... 114
TimeOff to Vote.................................................................................... 80
Training Reimbursement.................................................................... 119
Transfers ............................................................................................... 97
UnauthorizedAbsence.......................................................................... 80
Unfair Labor Practice.......................................................................... 139
UnionDues Form....................................................................................6
Union Representatives .........................................................................
11
Useof County Buildings......................................................................... 8
- iii -
Vacation ................................................................................................44
Wellness Incentive Program................................................................. 88
Withdrawal of Membership................................................:.................... 7
WitnessDuty......................................................................................... 83
Workers' Compensation....................................................................... 59
WorkforceReduction............................................................................ 34
Written Statement for New Employees................................................ 10
ATTACHMENTS A - CLASS & SALARY LISTING
B - TEMPORARY EMPLOYEES AGREEMENT
C - WAGES & HEALTH PLAN ADJUSTMENTS
SUBJECT INDEX
- iv -