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MINUTES - 12071999 - C61-C62
�f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 7 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMILIA NOES: NONE ABSENT: NONE ABSTAIN:NONE SUBJECT: Adopt Letter of Understanding ) With AFSCME Local 2700 ) Resolution No. 99/ 632 BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Letter of Understanding (copy attached and included as part of this document), jointly signed by Kathy Ito, Labor Relations Manager, and Jim Hicks, AFSCME Local 2700 Business Agent, regarding economic terms and conditions for October 1, 1999 through September 30, 2002 for those classifications represented by that employee organization. a 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: pecember 7, 1999 PHIL BATCHELOR,Cerk cf tits Board of Supervi and County Administrator 8y ,Deputy 7 Orig. Dept.: Human Resources Department(Kathy Ito @a 5-1785) cc: Labor Relations Unit Personnel Services Unit Auditor-Controller/Payroll Department Heads (via Human Resources) Jim."" im. icks, AFSCME Local 2700 Contra Human Resources Department Cosh , ' Administration Bldg, 651 Pine Street County Martinez, California 94553-1292 :..- 7 ecci December 2, 1999 Mr. Jim Hicks, Business Agent AFSCME Local 2700 1000 Court Street Martinez CA 94553 RE: ECONOMIC TERMS & CONDITIONS FOR AFSCME LOCAL 2700 1999-2002 LETTER OF UNDERSTANDING Dear Mr. Hicks: This confirms agreement to submit this Letter of Understanding outlining negotiated wage agreements and other economic terms and conditions of employment beginning October 1, 1999 through September 30, 2002 for approval by the Board of Supervisors. This letter expresses wage and benefit changes and other terms and conditions of employment, agreed upon between Contra Costa County and AFSCME Local 2700, which shall be implemented upon approval by the Board of Supervisors and expressed in a comprehensive Memorandum of Understanding (MOU) which is being prepared. The Tentative Agreements attached hereto are incorporated herein by reference. A comprehensive MOU will be finalized by the parties as soon as possible and submitted to the Board of Supervisors for further approval. Pending such further approval, the terms and conditions of employment of employees represented by AFSCME Local 2700 are expressed in the last expired MOU, subject to the terms of this Letter of Understanding. COALITION AGREEMENTS 1 Wage Increases: October 1, 1999: 5.0% increase October 1, 2000: 3.0%, increase October 1, 2001: 4.0% increase - 1 - 2. Lump Sum Payment. A five percent (5%) Lump Sum Pay will be calculated for all eligible earnings. This includes employee regular pay, overtime pay and specific other earnings computed as a percentage of base pay from October 1, 1999 through November 30, 1999. A. The October 1, 1999 increase will be paid retroactively in a lump sum payment to each employee for the period October 1, 1999 through November 30, 1999, without interest. B. The payment amount thus computed will be paid on the January 10, 2000 pay warrant as a "Lump Sum Payment" and will be subject to normal tax withholding and retirement deduction requirements. 3. Catastrophic Leave Bank. Modify to allow employees to donate hours either to a specific eligible employee or to the bank. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. 4. Disability. Amend section to add Psychologist to the list approved for examination of employees. 5. Wealth Care Spending Account. Increase the amount of pre-tax dollars an employee may set aside from $2400 to $3000 per year for health care expenses not reimbursed by any other health benefits plan. 6. Probation Period. Increase minimum from six (6) to nine (9) months for original entrance appointments. 7. Retirement coverage. Clarification of language regarding conversion of medical plan upon retirement. 8. Workers' Compensation. Reduce amount of continuing pay for all permanent employees from eighty-seven percent (87%) to eighty-six percent (86%) of regular monthly salary for all claims filed on or after January 1, 2000. Clarify continuing pay and waiting period language. Follow-up treatment visits are to be scheduled contiguous to either the beginning or end of the scheduled work day whenever possible. 9. Medical/Cental/Life Insurance Adjustments. From January 1, 2000 to September 30, 2002, the medical, dental and life insurance benefits for permanent employees regularly scheduled to work twenty (20) or more hours per week shall be those expressed in the Tentative Agreements -2- between Contra Costa County and the members of the Labor Coalition dated October 1, 1999, a copy of which is attached hereto. 10. Health Plans. The County and the Health Care Oversight Committee, as a sub-committee of the County and the Labor Coalition, shall 1) seek and secure mutually agreeable options of health plans which provide improved "portability„ for participants and 2) consider certain issues regarding CCHP and improvements in vision care coverage. 11. Bilingual Pay. Increase differential to seventy dollars ($70.00) per month effective October 1, 1999; to seventy-five dollars ($75.00) per month effective October 1, 2000; and to eighty dollars ($30.00) per month effective October 1, 2001. 12. Pay for Work in Higher Classification. The rate of pay established for work in a higher classification shall commence on the 41st consecutive hour in the assignment. 13. Permanent-Intermittent/Temporary Employee Medical. The County agrees to provide CCHP Plan A-2 to Permanent-Intermittent and Temporary Employees who meet the eligibility requirements. 14. Joint Labor/Management Committee. Create a subcommittee to review the Memorandum of Understanding and recommend correction of inadvertent errors, deletion of obsolete language, etc. 15. Grievance Procedure. Step 4 — Adjustment Board may be waived by the written mutual agreement of the parties. 16. Ergonomics. No later than May 15, 2000, the County will submit for Coalition input revisions to Administrative Bulletin No. 425 dated April 17, 1990, and an Ergonomic Field Guide with a goal of finalization by June 30, 2000. 17. Personnel Files. The employee's union representative, with written authorization by the employee, shall have the right to inspect and review any official record(s) in an employee's personnel file in the Human Resources Department or in the employee's personnel file in their Department. If Senate Bill No. 172, regarding inspection of personnel records by employees, is signed into law, the Director of Human Resources agrees to -3- advise departments of the statutory requirements and the County's obligation to comply. 18. Domestic Partner. Add Domestic Partner to definition of Immediate Family in Sick Leave Section. UNIT TABLE AGREEMENTS 19. Letter from Employment & Human Services Department reaffirming the Department's commitment to structure promotional career ladder opportunities for clerical staff. 20. Add legal specialist and personnel specialist to the Specialist Level (Level D) of the Clerical Deep Class. 21. Effective October 1, 1999, the salary of Medical Transcriber (JWD9) shall receive an increase in base pay of 5.4%. 22. The County will conduct a study of the Clerk-Senior Level positions at the Service Integration Team (SIT) offices at Bay Point and north Richmond by March 31, 2000. Should the study conclude that the positions warrant upgrade to Clerk-Specialist, the effective date of the upgrades will be October 1, 1999. 23. Letter from Health Services Department confirming the Department's commitment to provide three (3) laboratory coats to clerks in the Medical Records Unit by an anticipated implementation date of February 1, 2000. 24. The Human Resources Department and County Training Institute agree to meet with County departments to review evaluation processes and assist in the development/revision of job related criteria and meet with the Union to review results and proposed changes. 25. Memorandum to County Department Heads from Leslie Knight, Director of Human Resources regarding a new policy and procedure for processing of requests for reassignments in the Clerk Deep Class effective January 1, 2000. 26. Effective January 1, 2000, release time for training shall be increased from a maximum of 240 hours to 320 hours per calendar year. -4- 27. Effective October 1, 2000, the fifth step of the salary range for Experienced Level Clerks and Experienced Level Account Clerks shall be increased by one percent (11%). Effective October 1, 2001, the fifth step of the salary range for Experienced Level Clerks and Experienced Level Account Clerks shall be increased by one percent (1%). 28. Section 22.8 Release Time for Examinations modified to provide that permanent employees shall be granted release time from work, without loss of pay, to take County examinations or interview for a County position. 29. Upon request by the Union, the Human Resources Department agrees to meet to discuss issues related to continuous testing. Effective January 1, 2000, the County shall provide Quarterly Reports regarding certain information on Temporary Employees. 30. Letter from the Probation Department confirming that within ninety (90) days of the approval of the MOU, a request will be transmitted to the Human Resources Department to upgrade two (2) clerical positions assigned to the Sierra section of the Juvenile Hall from Clerk-Experience Level to Clerk-Senior Level 31. This agreement shall remain in full force and effect from October 1, 1999 to and including September 30, 2002. Dated; CONTRA COSTA COU TY AFE-LOCAL 2700 Kathy Ito, Labo Reiations Manager Ji Hicks, Busriness Agent LR:unionst2700 lou.doc cc: Leslie Knight, Director of Human Resources Human Resources Division - Personnel Services Unit Department Heads Auditor/Payroll -5- LABOR COALITION — 1999 NEGO71AIlONS COUNTY SETTLEMENT PACKAGE PROPOSAL. Presented. sober 1, 1999 04:15 AM gQALITION PROPOSALS 'I. SALARY 10/1/99-5% 1011100-3% 10/l/01 -4% 2. LONGEVITY Drop 3. BENEFITS Attached Tentative Agreement 9. TEMP. LANGUAGE Attached Tentative Agreement 21. PVTEMP MEDICAL -Subvention Temp. - 50% P1 --64% as full and final settlement of all temporary proposals -Plan Design CCHP Plan A-2 -Eligibility(Temps.) -3 continuous months @ 50% average per month -Minimum of 40 hours per month -Maintain average 50% YTD from date of eligibility -Pre-pay. Effective first of month of eligibility (PIS) -3 continuous months @ 50% average per month -Maintain if in paid status -Pre-pay. Effective first of month of eligibility -Family: option to purchase at employee expense -Other Health Plans -- Current MOU provisions/100%a employee expense -implementation -120 Days after all Coalition Employee Organizations sign their respective Letters of Understanding (first of following month) -60 Day Initial Open Enrollment -30 Day Subsequent Open Enrollment COUNTY PROPOSALS 2. ANNUALIZED HRLY Drop RATE S. PROBATIONARY Increase minimum from 6 to 9 months for new hires PERIOD Merit Increases — Status Quo Use of Vacation ®Status Quo (after 6 months) 11. WORKERS Attached Proposal --9/30199 COMPENSATION 14. DIRECT MAILING Crop TENTATIVE AGREEMENT Dated: lol I CONTRA COSTA CIOPNTY LABOR Q ALITION ALL EMPLOYEE ORGANIZATIONS MANAGEMENT PROPOSAL NO. 3 Presented: 06110199 Remised: 08118199 Revised: 08126199 Revised: 08130199 CATASTROPHIC LEAVE BANK Program Design. EffeeUve-4 , 4994, The County Human Resources Department will begin-epe � o2erate 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. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-temp major physical impairment or disability which manifests itself during employment. 0mrafion. The plan will be 'administered under the direction of the Director of Human Resources. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. . The committee shall determine the amount of accruals to be awarded for em to ees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have perTnanent status, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donati n to the eligible em 'lo is denied. and QQ tions may be made in howdy blacks with a minimum bleeM donation of not less than four (4) hours from balances In the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Emr)lovees who elect to donate to a ange M ndividual shall have "v -five Penpent ° f heir donation g1dited to the individual nd twen five recent25% credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value veill be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Duman resources. -This Gatastr-ephie 0--ank program is adopted en a W—Ive-mGnth (424-f" pr-egfam ending one year- fFem date Gf implemeRtation. 14-- G94Ruation YAll be i No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (f) 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 exce t for hours donated to a specific employee. In the event a donation is made to a spgcific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. Local One--Section 15 Local 612—Section 15 Local 536 R&F --Section 15 Local 535 Supv—Section 16 Local 2700 --Section 15 Appraisers —Section 15 CNA—Section 16 PDOCC Section Now WCE—Section 16 TENTATIVE AGREEMENT Dated: CONTRA COSTA COUNTY LABOR COALITION P LABOR COALITION -- 1999;NEGOTIATIONS L EMPLOYEE ORGANIZATIONS MANAG Presente& 09110199 Revised: 07101199 DISABILITY B. An appointing authority who hes reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employee's paid time, a physical, medical examination by a licensed phos and/or a psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist 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, Local One— Section 44.5 Local 512—Section 14.5 Local 535 R&F - Section 14.5 Local 535 Supv- Section 14.5 Local 2700 - Section 14.5 Appraisers - Section 44.5 CNA - Section 14.5 PDOCC - Section 9.5 INCE - Section 14.5 TENTATIVE AGREEMENT Dated: CONTRA COSTA COUNTY LABOR COALITION x LABOR COALITION --1999 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT PROPOSAL NO. 7 Presented: 05110199 HEALTH CARE SPENDING ACCOUNT (LOCAL. ONE, 512, 535R&P, 2700, APPRAISERS, CNA, WCE) 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 $2488 3000 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. (535 SUPV, PDOCC) EffecAive January , 1997, The County will offer regular full-time and part-time (20140 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 $2480 $ }tai j�Cai, iui` t icaiit '(:are exPrei`ti�a5 FICA, reimbut.ed by any oar health benefits plan with before tax dollars. HCSA dollars Y/f f can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance cannot be recovered by the employee. Local One — Section 19.10 Local 512 —Section 20.9 Local 535 R&F—Section 18.9 Local 535 SUPV-- Section 19.9 Local 2700 — Section 20.9 Appraisers—Section18.9 CNA—Section 18.8 PDOCC--Section12.9 VICE-- Section 18.8 TENTATIVE AGREEMENT Dated: CONTRA COSTA COUNTY LABOR COALITION �' ,fC' � LABOR COALITION — '1999 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS MANAGEMENT PROPOSAL-N-0, 9 Presented: 06/10/99 Revised: 09130/99 Revised: 10/14199 Revised: 11/09199 PROBATIONARY PERIOD (ALL EMPLOYEE ORGANIZATIONS EXCEPT CNA and PDOCC) Duration. All appointments from officially promulgated employment lists for original entrance GF and promotion shall be subject to a probationary period. For original entrance appointments, the probationary This period shall be from Giy,—( ) nine (9) months to two (2) years duration. For promotional appointments, the probation period shall be from six (6) months to two (2) years duration. (PDOCC) SECTION 29 — PROBATIONARY PERIOD Effective with Board of Supervisors' approval of the MOU, upon initial appointment employees in classifications subject to this MOU (excluding Exempt Medical Staff Resident Physicians) shall serve a six (6) nine (9) month probationary period commencing on the date of appointment. The probationary period shall not include time served in temporary appointmentsor any period of continuous absence exceeding fifteen (15) calendar days. Employees will receive an evaluation during the probationary period. i (LOCAL ONE) 20.2 Classes With Probationary Period Over Six (6) Ni e' (9) Months. Listed below are those classes represented by the Union which have probation periods in excess of six—( ) nine (9) months for original entrance appointments and six (6) months for promotional appointments: Agricultural Biologist Trainee - one (1) year Animal Control Officer-one (1) year Apprentice Mechanic - two (2) years Deputy Probation Officer I - one (1) year Deputy Public Defender- one (1) year Family Support Collections Officer- one (1) year Probation Counselor I - one (1) year Public Service Officer- one (1) year Security Guard - one (1) year Weights & Measures Inspector Trainee - one (1) year (LOCAL #512) 21.2 Probation Periods Over Six (6)/Nine 9) Months. Classes represented by the Union which have probation periods in excess of six(} nine (9) months for original entrance appointments and six (6) months for promotional appointments. Appraiser Aide — Cine (1) year Junior Appraiser—One (1) year (LOCAL #535 RANK & FILE UNIT— Section 19.2) (LOCAL #535 SERVICE LINE SUPERVISORS UNIT— Section 20.2) Classes With Probation Periods Over Six (6)/Nine (9) Months. Listed below are those classes represented by the Union which have probation periods in 2 excess of six-(6} nine (9) months for original entrance appointments and six (6) months for promotional appointments: None. THE ABOVE MODIFICATIONS RE PROBATIONARY PERIODS OVER 619 MONTHS IS NOT APPLICABLE FOR WCE, LOCAL 2700 CNA OR PDOCC. (ALL EMPLOYEE ORGANIZATIONS— EXCLUDING CNA AND PDOCC) 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 „fir teria. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a sig-(6) nine (9) month probation period, probation will be considered completed upon serving ) fifteen hundred (1,500) hours after appointment except that in no instance will this period be less than sem ) nine (9) 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. Local One-- Section 20 Local 512 -- Section 21 Local 535 R&F -- Section 19 Local 535 SLS -- Section 20 Local 2:700 — Section 21 PDOCC -- Section 29 WC:E— Section 19 TENTATIVE AGREEMENT Dated: 11 1 1 t 19 CONTRA COSTA COUNTY LABOR COALITION a LABOR COALITION— 1999NEGOTIATIONS ALL EMPLO EE C?RGA IZATI4NS MAMA EMENT P C NQ. 10 Presented: 06119/09 Revised: 09123/99 RETIREMENT COVERAGE (ALL EMPLOYEE ORGANIZATIONS) Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their-monthly-premium to'the County by the deadlines established by the County or converting to individual conversion memberships from the County plan through the medical 21an carrier. if available. 4994. r Local One - Section 19 Local 512 - Section 20 Local 535R&F - Section 18 Local 535 SUPV- Section 19 Local2700 - Section 20 CNA- Section 18 PDOCC - Section 12 WCE-Section 18 TENTATIVE AGREEMENT Dated. `'/Y COUNTY COALITION LABOR COAt.0 nON--1999 NECsO`t"tA't"ONS A EMPLOYEE ORGANIZATIONS MANAGg EN O 8 � O. C Presented: 0+6110199 Revised: 09123199 Revised: 09139199 SAMPLE LANGUAGE WORKERS` COMPENSATION AND CONTINUING PAY Local One Workers` Compensation. A permanent non-safety employee shall continue to receive 8"0 the approoriateep rcent of regular monthly salary, for all accepted Bairns filed before January I 2000, 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, 4997 2000, the percentage of pay for employees entitled to Workers' Compensation shalt be decreased from 88% to 87% to 86%. .A-11 savings geneFated "I I--- --ed towaFd eftetting, GhaFgeable inwe- - - . Gounty subvention of me fbF health and dental plans. if Workers' Compensation becomes taxable, the County agrees to restore the eun"ent original benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. A. Wafting PeFied. (Excludes Local 535 R&F/Supe) 4. Employees YAa leave work as a Fesult of an on the job ipjuFy �n The„fe is a three {3l ral , dr day gaiting period before Workers' Compensation staffs bgnefits commence. If the iniured worker loses agy time on the day of in'u that da counts as da one 't of the waiting period. If the inured worker does not lose time on the date of Lnjuly, the waiting-period, will be the first three calendar days the employee does not work as a result of the iniurv.The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. B. Continuing Pay. A permanent employee shall receive 86% of regular monthly salary during any period of compensable temporary disability not-to- exceed one year. GoupAy and the Health Gore Gealition. "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 medically permanent and stationary, the salary provided in by this Section shall terminate. The empleyee the . 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 continuing pay is received. salaFy payments are made. Emaloyggs shall be entitled to a The maximum peFied of one (1) year of continuing pay benefits for any one injury or illness C. Continuing pay begins at the same time that temporary 'Workers` Compensation benefits commence staFts and continues until either the member is declared medically ermanent/stationa r� or until one (1) year of continuing pay, whichever comes first provided the emalo r�ee remains in an active em 10ed status. Continuin a is automatically terminated on the date an e 1 e si s ted from Coup service b s Ion, retirement. r 1 is nolonger QM210M Q10by the Coun In theog Instances, rte to s will be paid Workers' Com ensation b nefrts as 'res 'bed b 1I Dos r+ ' CompAnsation taws. All continuing pay will be cleared throughthe County Administrator's Office, Risk Management Division. (Excludes 535 R&F/Supv) Whenever an employee who has been injured on the job and has returned to work is required by an attending physician' to leave work for treatment during wording hour's the employee shell be allowed time off up to three (3) hours for such treatment without loss of pay or benefits. Said visits are to be scheduled contiguous to either the beginning or end of the scheduled work day whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. Local tine'— Section 14.6 Local 512—Section 17 Local 535 R&F'—Section 14.6 Local 536 Supv- Section 15.1 Local 2700 -Section 17 CMA-Section 14.6 PDOCC-Suction 9.6 WCE—Section 14.6 TENTATIVE AGREEMENT Gated: couNrr coaLmoN PoocG LABROR COALITION —1999 NEGOTIATIONS ALL ORGANIZATIONS LINTY COUNTER TO COALMON No. 3 LIEALTH," VM FAQ U E MENTAL CARE r Health—Plan ps 1 Pian, 1 1 week. F I *4 094 the QualMed-Wealth Plan YAIIadded. 1 health, dental --ined in the januaFy 1 G�-alwmn s4hoF Gealition shall be it; effect. The County wilt continue to offer existing CountyGroup Benefit Programs of medical dental and life insurance coverage through Deoernber 31. 1999 to alt permanent employees-regularly--scheduled to work twenty (20) or more hours per week Effective January 1. 2000, the County wilt offer Group Benefit Programs for medical dental and life insurance.coverage to all permanent employees regularly scheduted to work twenty (20) hours or more per week as described in the September 30 1999 agreement (Attachment ) between the County and the Labor Coalition. TENTATIVE AGREEMENT Dated: 10 1 t4j !2, CONTRA COSTA UNTY LABOR COALITION LAEOR COALITION -1999 NEGOTIATIONS ALL NIPLO E GA L;A O S CQUNTY COUNTER TO CQ&LjL0N.N0s, B Presented. 09/24199 Revised: 09130/99 TENTATIVE AGREEMENT MEDICAL.IDENTALIIJFE INSURANCE ADJUSTMENTS CQNffi-RAQEa OFFERED ` Effective January 1, 2000, the County will offer the following plans: Contra Costa Health Plans (CCHP) A & B, Kaiser, Health Net HMO, Health Net PPO, Delta and PMI Delta Care Dental. Effective January 1, 2004 the County will terminate their contracts with Foundation Health Systems PPO (FHSPPO)and Safeguard A& B Dental. HEALTH PLAN SUBVENTION Effective January 1, 2000, the County subvention for medical plans will be as follows: CCHP A 98% CCHP B 90% Kaiser 80% Health Net HMO 80% Health Net PPO 66.27% - The County and Coalition will equally share (50150) the amount of any premium increases Dg-VIAL PLAN SUBVENTION Effective January 1, 2000, the County subvention for Dental plans will be as follows: Delta Dental/CCHP A/B 98% PMl Delta Care/CCHP A/B 98% Delta Dental 78% PMl Delta Care 78% at 3 year rate guarantee Dental Only County pays all but .01 MEDICAL_PLAN ENHANCEMENTS Effective January 1, 2000 benefits will be added to the medical plans as follows: HE ,cupuncture No co-pay/16 visits per calendar year Outpatient Durable Medical Equipment No co-pay MHE-8 Acupuncture $5 co-payl14 visits per calendar year Chiropractic $5 co-pay/20 visits per calendar year Outpatient Durable Medical Equipment No co-pay UEALTH NET HMO Chiropractic $10 co-payr20 visits per calendar year Outpatient Durable Medical Equipment No co-pay SER Office, Emergency Room & Rx co-pays Increase repay from $3 to $5 Diabetic Testing Supplies No Co-pay Chiropractic $15 co-payt20 visits per calendar year Outpatient Durable Medical Equipment No co-pay DELTA DENTAL. PLAN ENHANCEMENTS lrkuwse Annual Maximum from $1200 per member to: $1400 1/1/2000 $1500 111/2001 $1600 1/1/2002 DOMESTIC PARTNER Domestic Partner and dependents eligible to participate in health/dental overage contingent upon meeting eligibility and enrollment requirements. UFEINSURANCE Effective January 1, 2000 increase coverage from $30010 to $7500 for employees enrolled in either a health anchor dental plan. ,HEALTH CARE 41lERSIGHT COMMITTEE he Committee shall continue In its current format. MN-ENROLLMENT Open enrollment shall be held September 1 through October 15, 2000 and 2001 for coverage effective January 1, 2001 and 2002 respectively. Open enrollment for coverage effective January 1, 2043 shall be dependent on the outcome of negotiations. PLANMOC3lFICATIONI It is understood that the County shall not seek to discontinue or modify any health or dental plan currently provided. However, if a provider discontinues or modifies benefits pursuant to the provider's agreement with the County, the County shall immediately, upon knowledge of this potential, meet and confer regarding replacement or proposed modification to the contract with the provider. Replaces: Local One—Attachment N Loral 512—Attachment B Local 535 R&l=—Attachment D Local 535 Supv—Attachment C Local 2700—Attachment l CNA—Attachment C WCE Attachment A 'ENTATIVE AGREEMENT Dated. -10 l I gq 9 CONTRA C STA CO T LABO OALITIO LIBOR COALITION-'1999 NEC TIAIIONS COUNTY'COUNTBR TO CgALM2N NO, 3C& E Presented: 07108199 Revised: 071/5199 Revised: 07129199 3. Benefits Health Plans C. The Counly and the Health Care Oversight Commitee as a sub- commWee of the-Cou& and the Labor Coalition shall seek and secure mutually a reeable o tions of health fans which rc vide immoved "na tability"' for participants. E. The Coup and the Labor Coalffion agree- that the "dint laborlmana ernent Health Care Oversight Committee shall consider the followr. n,o issues: 1. IMprove the appointment scheduling for CCHP' 2. Reduce the wait for ohartnaa orders for CCHI ---- 3.- E and the�portability of CCI• P 4. Improve vision care coverage The Committee shalt re ort its findin s to the ,Counly a d the Labor valition by no later than July 1 2QQO folio 'ng which. upon r nest the parties will.meeand confer aWing+ ions LABOR COALMON - 1999 NEGOTIATIONS COUNT COUNTER TCI COALITION NCS►. 3C& E Page 2 TBNTATWE AGREEMENT Dated: jqj CONTRA COSTA COUNTY LABOR COALITION LABOR COALMON - 1999 NEGOI tAIIONS COUNTY COUNIg TO QQ ON N9, 13 Presented: 03/30199 Revised: 09123199 BILINGUAL PAY A salary differential of € -dam ($60.00) severity dollars ($70.00) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Duman Resources. Said differential shall be paid to eligible employees in paid status for any portion of a given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Union shall be notified when such designations are made. Effective-J* 4,4996 October 1. 2000, the current program differential shall be increased fmm W deliaFs ($60) per- mepAh to sbdy dollars ($604 to a total of seven five dollars ($751 per month. Effective ctober_1. 200'1, the differential shall be increased to a total of ei h dollars ($80)-ver month. Local One - Section 25 Lord 512- Section 27 Lord 5358&F - Section 25 Loral 535 SUPV- Section 26 Local 2700 Section 27 CNA- Section 25 TENTATIVE AGREEMENT Dated: rI COUNTY COALITION 6�rr r LABOR COAL TION -- '1999 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS 'MUNTER IQ QQALMO NO 17 Presented: 09113199 CTIQN 5— SALARIES ection 6.14 - PAY for-Work i i e C a sfilio . 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 Subsection5.10 -- Salary on Promotion of this MOU, commencing on the Ze 41 t consecutive hour in the assignment, under the following conditions: Local One — Section 5.14 Loral 512 --Section 5.15 Loral 5351 &F - Section 5.15 Local 535 Supv-Section 5.15 Local 2700- Section 5.15 � �. C�•.at.� '`��.� .� �t• w �� Appraisers - Section 5.1 CNA - Section 5.17 PDOCC — NIA WCE - Section 5.14 TENTATIVE AGREEMENT Dated: 9' z b. <:? 7 CONTRA COSTA COUNTY LABOR COALITION t I�kgl I� �f - Z)cc LABOR COALITION - 1999 NEGOTIATIONS COUNTY COUNTER TO COALITION NO. 6 Presented: 09130199 gRIEVANCE PROCE©URE (ALL EMPLOYEE ORGANIZATIONS) Step 4 — Adjustment Board This step of the grievance procedure may be waived by the written mutual agreement of the parties. Local One — Section 25 Local 512—Section 26 Local 535 R&P —Section 24 Local 535 SUPV— Section 25 Local2700 — Section 26 CNA— Section 24 PDOCC — Section 15 WCE — Section 24 TENTATIVE AGREEMENT Dated: CONTRA COSTA CO NTY LABOR COALIT N LABOR COALITION -- 1999 NEGOTIATIONS COUNTY COUNTER TO- COALITION Nt?. 8 Presented: 09123199' Revised: 09123199 Revised: 09/30199 ERGONOMICS No later than May 15, 2000, the County will submit for Coalitioninput revisions to Administrative Bulletin No. 426 dated April 17, 1990 and an Ergonomic Field Guide, with a goal of finalization by June 30, 2000. TENTATIVE AGREEMENT Dated: q CONTRA COSTA COU TY LABOR COALITION r LABOR COAL[`f ON -- 199 NEGOTIATION ALL EMPLAO-YEF, OROANIMONS COUNTY COMER IQ GOALMQN-NQ,-1A Presented: 08130199 PERS_EL FILLS An employee shall have the right to inspect and review any official record{s} relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department or in the employee's personnel file in their Department. The em to ee's union representative, with written authorization by the em to ee shall also havethe ht to inspect, and review n official record s described above. The contents of such records shall be made available to the employee andfor the employee's union representative, for inspection and review at reasonable intervals during the regular business hours of the County. TENTATIVE AGREEMENT Dated: CONTRA CC} TAC UNITY LABUI COALl ION LABOR COALITION — 1999 NEGOTIATIONS COUNTY COUNTER TO COALITION NO. 14 If Senate Sill No. 172, regarding inspection of personnel records by employees, is signed into law by the Governor, the director of Human Resources agrees to send a letter to Departments advising of the statutory requirements and the County's obligation to comply. TENTATIVE AGREEMENT Dated:_ I I t-, CONTRA COSTA COUNTY COALITION � • ' LABOR COALITION — 1999 NEGOTIATIONS COUNTY COUNTER T OALI`1`ION NO. 3 Presented: 9130/99 SICK LEAVE (ALL EMPLOYEE ORGANIZATIONS) Policies GQyernina 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 F mils" 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-taw, sister-in-law, faster children, aunt, uncle, cousin, stepbrother, er stepsister, or domesticatner 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. Local One — Section 14.3 Local 512 — Section 14.3 Local 535 R&l= — Section 14.3 Local 535 SUPV— Section 14.3 Local 2700 — Section 14.3 CNA—Section 14.3 PDOCC — Section 9.3 WCE— Section 14.3 TENTATIVE AGREEMENT Dated: 1 ` CONTRA COSTA COUNTY LABOR COALITION DEC-01--1999 13:04 EMPLUYM�-N I&HL,1€'HN btN�;!Lt:� � t � Contra Costa County ' ,. t Human Services I , John B. Cullen, Director Mr. Jilts dicks, Business Agent December 1, 1999 11 311 -` AFSCME Local 2706 1000 Court Street Martinez, Califoznia 94. 53 In partrer,%hip wit I� the Dear Jim, rr}n;rnLinity, Over the years. 'we have directly discussed the wfF prf�vidr. desirability 'of° structuring promotional career ladder opportunities for clerical staff in the Employment and ac,z47ces Human Services }department . I want to reaffirm that r commitment to you. that SU 0,rt Lind p:101ect 'There are several avenues that have been specifi-cally designed for Clerical promotions within Department job r� , its, specifications and processes . Opportunities exist for transfer without examination to Eligibility Worker I, �hilt2re�1, and promotion to Social Service Program Assistant from Childrens Services Clerical Specialist . Via those two processes, Depaktment Clerks have access to the and. fl-,t, etci rly, Eligibility Series, social Worker, and ultimately Social Casework Assistant and and Social Casework Specialist, ..01d pr6irnote and beyond. The minimum qualifications for some of those classes enable Clerks to bridge into the entry perr,ona,. classes and proq' ress with additional experience and, in some rases, furiher education. Over the years, numbers respcSnsila�Iity, of clerks have successfully furthered their careers within the Depakt-men.t and County by utilizing these and sndepf>.ndr,nc:;c and other promotional opportunities. 3c1€=suf�ici�n��=. In the next year we anticipate continued hiring in the Eligibility Worker I class, and for Social Service Program Assistant. As you know, we periodically offer transfer opportunities into the Eligibility Worker I class, � for entry into a training induction class. We will plan to continue to offer some slots for upcoming classes to Cler�s for transfer without examination, as well as hiring from the eligible list . In past years, Clerkshave successfully entered into the Eligibility series ' both fropn the list and from the transfer process, and we plan forthat to continue. i } 40 Dry xglas Drive •�Martinet,, CA 94553 (925) 313-1500 Fax(925)313-105 tz 4 � 1 ...... ......... ....... ._...................................................... _..... ......... 1111.. .....__.................._..... ....._... .._1.111. ................ .. 1JI:(..-l�ti-1��y 1.��N34 CI"i#'L„UYI'itN t�1'iU1'iHN �CKV 1loG� 7,;'� .51J I�+YJt;J F".661.7 j ' 1 All staff have opportunities to further education via training reimbursement as well as educational leaves. The Department continues to support that process, and we strongly b(�liev that promotions and career growth from within contributes strongly to a viable organization. I hope we can continue to work together to encourage and enhance appropriate opportunities for clerical. staff 'to continde and grow and progress within the organization. I I i I i I sincerely, t i John Cullen Director i i 1 ' 1 i i i l I I i 1 , I ' i 1 i i i I i I 1 t 1 f , t i. TOTAL P.03 COUNTER TO UNION PROPOSAL NO. 1.G/W AFSCME LOCAL 2700 1999 NEGOTIATIONS Presented: 10/21/99 CLERICAL DEEP CLASS Specialist Level Level D): Incumbents assigned to this level function as either 1) administrative. data services, legal or personnel specialists where work is of a highly technical nature and performed with a great degree of independence; or 2Lact as lead personnel over a work group consisting entirely or predominantly of senior level clerks performing work which requires specialized knowledge and skills. In addition, the parties agree to the following: 1. To accept the revised definition of complexity at the degree ',4 level of the Clerk Deep Class as stated in Attachment A; 2. To accept the revised sample tasks at the degree 4 level as described in Attachment A; and 3. That the definition of complexity in degree 1 through 3 of the Clerk Deep Class along with the sample tasks be revised to conform with the format used at the degree 4 level. TENTATIVE AGREEMENT DATE: CONTRA COSTA COU T, 1.AFSCME LOCAL 270.? yt Attachment A Definition of Complexity: [developing and Applying a comprehensive and thorough knowledge of complex procedures and practices possibly of a technical nature associated with a particular work station. Ability to apply a specialized knowledge to work processes and situations which require discretion and judgment as to proper disposition. Extended knowledge does not mean merely an increased work volume but covers the nature, number, variety, and intricacy of tasks, steps, processes, and methods involved in the work performed. Degree 4: In addition to the ability to complete all activities described in the above levels, work at this level requires independence in performing the following tasks: • Identifying, planning and initiating work which requires advanced knowledge of departmental objectives, functions, activities, and processes • Ability to complete complex assignments which involve a variety of intricate steps, processes, and methods • Ability to complete work with a high degree of accuracy, care, precision, and skill • Planning and implementing of procedures • Development of work performance standards • Ability to interpret and apply policy and precedent to a variety of situations • Ability to identify and solve difficult and/or unusual problems • Ability to serve as a reference source for internal departmental purposes as well as providing information externally to other employees, departments, clients, and the general public COUNTER TO UNION PROPOSAL NO. 14 AFSCME LOCAL 2700 1999 NEGOTIATIONS Presented: 10/21/99 Effective October 1, 1999, the salary of Medical Transcriber (JWD9) shell receive an increase in base pay of 5.4% TENTATIVE AGREEMENT '' � DATE: 3 " CONTRA COSTA CO TY L 2784 d Centra Human Resources C +' Department County _ Administration Bldg. ,• 651 Fine Street,Third Floor Martinez, California 94553-1292 (925) 335-1770 Leslie T. Knight Director of Human Resources October 21, 1999 Jim Hicks, Business Agent CCC APPRAISERS' ASSN. 1000 Court Street Martinez, CA 94553 Dear Mr. Hicks: This confirms that the County agrees to study the Clerk-Senior Level positions at the Service Integration Team. (SIT)offices at Bay Point and North Richmond by March 31, 2040. Should the study conclude that the positions warrant upgrade to Clerk-Specialist, the effective date of the upgrades will be October 1, 1999. Sincerely, Leslie Knight Director of Human Resources cc: Eileen Bitten, Assistant Director of Human Resources Kathy Ito, Labor Relations Manager WILLIAM . WAIKIR, M. tta.crN S ExvK6s o+x Ctax ZM AMON W'vt.Suft 120 MwIforz,Ca1irmal 94353-4159 TRA COSTA Fiume(925)335-89569 Fax fs 335-e97e HEALTH SERVICES October 20, 1999 Jim Hicks,Business Agent AFSCME Local 2700 1000 Court Street Martinez, CA 94553 RE: Laboratory Coats Tear Mr. Hicks: This letter is to confirm the Department's commitment to provide three laboratory coats to clerks in the Medical Records Unit. It wilt be the employee's responsibility to maintain the coats. We anticipate implementation of this change by February 1, 2000. If you have any questions,please call me at 335-8858. Sincerely, Lee Ann Adams HSD Human Resources Manager LAA!n-ik C0*4 Costa 6.cxs�mussit�r Strbstana Aust S[wrfcxg + Contra Cassa medrai 5a VK6 + Cwta Cassis fnA wwT*(w al HUM 4 Comm Caste Hub Ptah • Ctw*a Colt?PA ard=MAWAS s Programs •ccova Costa W qw}4er d, . Coma Costa Public w-Awl Contra Cassa kgiww tY wbl C"w * Contra Cali N"Ith C;;W. COUNTER TO U'N'ION PROPOSAL NO. 9 AFSCME LOCAL 2700 1999 NEGOTIATION Presented: 05131/99 SECTION 51— STUDIESIPROJECTS/COMMITTEES 51.7 Evaluations. The Lumen Resources Department and County Training Institute agree to meet with County departments to review their evaluation processes and assist in the development/revision of job related criteria. The County agrees to meet with the Union to review results and proposed changes to the evaluation fora or processes as a result of this review. Any such changes to the evaluation form or process in a department will be by mutual agreements between the department and the Union. This process will begin no later than one hundred twenty (120) daysafter the MOU has been approved by the Board of Supervisors and completed by July '1, 44*8 2000 or as soon thereafter as practicable. TENTATIVE AGREEMENT DATE: CONTRA COSTA COUN AESCM ...L AL 2700 Contra' ;�_.r ,. Human Resources Department Caste �.Jfi j 4 Administration Bldg. oun ,�/ {�v 651 Fine Street,Third Floor Martinez, California 94553-1292 (925) 335-17701 DATE: Leslie T. Knight Director of Human Resources TO: To All County Department Heads FROM: Leslie t, Director of Human Resources SUBJECT: Processing of Clerical Deep Class Reassignments During the recent negotiations with AFSCME Local 2700, the County',committed to the implementation of a new policy and procedure for the processing of requests for reassignments in the Clerk Deep Class. Effective January 1, 2000, approved reassignments between levels in the deep class of Clerk will be effective the first of the month in which all the computed forms and required documentation are received in the Human Resources Department. In order to honor our commitments and to provide service to our employees, I am requesting the cooperation of each County department on this subject. We encourage you to submit all departmentally approved requests for clerical deep class reassignments to the Human Resource Department (accompanied by all required documentation) within ninety (90) days alter receipt of the employee's request. If this timeline cannot be met, I request that the employee be notified and provided with an anticipated completion date. Thank you for your assistance and cooperation in this matter. cc: Administrative Services Officers Departmental Personnel Officers Personnel Services Unit Staff Co rfia Human Resources f Department Gusts , ;: Administration Bldg. County L"Y 651 Pine Street,Third Floor '4 tbtl h°� Martinez, California 94553-1292 October 20, 1999 (925) 335-1770 Leslie is Knight Director of Human Resources Jim Hicks, Business Agent AFSCME, Local 2700 1000 Court Street Martinez, CA 94553 Re: Clerical Deep Class Reassignment Dear Mr. Hicks: This is to confirm the Human Resource Department's commitment to implement a neva procedure regarding requests for reassignment in the Clerk Deep Class. Effective January 1, 2000, an approved reassignment will be effective the first of the month in which it is received by the Human Resources Department. Sincerely, Leslie T. Knight Director of Human Resources LTK.:dr cc: Eileen Bitten, Assistant Director of Human Resources Kathy Ito, Labor Relations Manager COUNTER TO UNION PROPOSAL NO. 16 AFSCNIE LOCAL 2700 1999 NEGOTIATIONS Presented: 10121199 SECTION 4 ® SHOP STEWARDS/OFFICIAL REPRESENTATIVES 4.3 Release Time for Trainim The County shall provide the Union a maximum of 240 320 total hours per year of release time for union designated stewards or officer to attend union-sponsored training programs. Bequests for release time shall be provided in writing to the Department and County Human Resources at least fifteen (15) days in advance of the time requested. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved, within one (1) week of receipt. TENTATIVE AGREEMENT DATE: CONTRA CCS TA COIN Y A ESME-CO 2700 COUNTER TO UNION PROPOSAL NO. 1. J AE'SCME LOCAL 2700 1999 NEGOTIATIONS The parties agree that effective October 1, 2000, the fifth step of the salary range for Experienced Level Clerks and Experienced Level Account Clerks shall be increased by one percent (1%). Effective October 1, 2001, the fifth step of the salary range for Experienced Level Clerks and Experienced Level Account Clerks shall be increased by one percent (1%). TENTATIVE AGREEMENT DATE: CONTRA COSTA COU Y /,,A-FfSCME"LOCAL 2700 COUNTER TO UNION PROPOSAL NO. 2 AFSCME LOCAL 2700 1999 NEGOTIATIONS Presented: 08131199 SECTION 22 -- PROMOTION 22.8 Release Time for Examinations. Permanent employees shall be granted release time from work without loss of pay to take County prometionel examinations or take interviews for a County pFeffl9tiGA position provided the employee gives the Department sufficient notice of the need for time off. DATE: [(6 � CONTRA COSTA COUNTY AFSCME LOCAL 2700 LABOR COALIT110N—1999 NEC 0IIA71ONS COUNTYCt3UN- LMO 9 Presented: 09130199 TEMPORARY EMPLOYEES (LOCAL ONE, LOCAL 535 AND LOCAL 2700 ONLY) Upon receipt of a request by the Union, the Human Resources Department agrees to meet to discuss the issues related to continuous testing and the 'frequency of such testing regarding specific classifications. Effective January 1, 2000, the County shall provide quarterly reports regarding temporary employees which include the following information. employee name, classification, department, mail drop I.D., and number of hours worked in all classifications and departments on a calendar year-to-date basis. Local 2700-Section 54 Local One-Section 53 Local 535 R&F-Section 50 TENTATIVE AGREEMENT Dated: IQ k ` CO TRA C STA UNTl' LABOR COALIT ON DEC-01-1999 10:29 H UbHI IUN HDMI 1l01kwl1uN as c i r, t r at Probation Depar mento Lr� Costa Caar�tjr Prcbatlo�{�ffie8t Ad1 iriistmtive Offices 50 Douglas Drive, Suite 201 County Martinez,Calitornia 94553-8500 (995)313-41803 FAX(925)313.4191 ry -t r� cnv `t+ October 23, 1399 Jim Hicks, Business Agent AFSCME, Local no 2700 1000 Court Street Martinez, Ca 94553 Re: 1999 Negotiations Upgrade of Juvenile Hall Sierra Clerks Dear Jim, Within 90 days of the signing of the Memorandum of Understanding'between Local 2700 and Centra Costa County the Probation Department will request to upgrade the positions of the clerks assigned to the Sierra section of the Juvenile Hall from Experienced Level (B)to the Senior Level(C). nncerely, Antho y J. assiotto Proba anager Cc: Labor Relations Human Resources LABOR CoAL1 nOhl — 1999 NEGOTIATIONS MAIJAGEIdIENT l�, G1RQSAf SECTION 54 SCOPE OF AGREEMENT & SEPARABILITY—OF PROVISIONS 54.4 Duration of A reement. This Agreement shall continue- inSaid A force n� merit d effect from October 1, 4 'l 999, to and including September 30, 4gw 2042g shat{ automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date, of its intention to amend, modify or terminate the agreement. Local One - Section 54.4 CNA- Section 57.4 PDOCC - Section 33.4 WCE - Section 46.4 Local 535 R&F - New Section 54.4 Local 535 SUP - New Section 54.4 Local 512 - Section 55 Local 2700 - Section 56 TENTATIVE AGREEMENT Dated. Jaw- CONTRA tawCONTRA COSTA CO TY LABOR COALITION fi � THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Derember 7. 1999 by the following vote: AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Ganciamilla NOES: None ABSENT: Nome ABSTAIN: None SUBJECT: Approval of the 1999-2000 Memorandum of ) t Jnderstandinawith SEIU Local 250 ) Resolution No. 99/ 525 BE IT RESOLVED that the Board of Supervisors of Contra Costa County as the governing board of the In-Home Supportive Services Authority, APPROVES the Memorandum of Understanding (copy attached and included as part of this document), jointly signed by the parties regarding economic terms and conditions for December 1, 1999 through December 1, 2000 for those In-Home Supportive Services Providers represented by that employee organization. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: _December` 7, 1999 PHIL BATCHELOR,clerk of the rd of pervisors a unty Administrator By J0 ,Deputy Orig. dept.: Human Resources Department(Kathy Ito @ 5-1785) cc: Labor Relations Unit Personnel Services Unit Auditor-Controller/Payroll Employment& Human Services Department SEIU Local 250 MEMORANDUM OF UNDERSTANDING BETWEEN IN-HOME SUPPORTIVE SERVICES AUTHORITY AND SEIU HEALTH CARE WORKERS UNION LOCAL 250 This Memorandums of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution 81/1165 and Contra Costa County Ordinance No. 98-14 and has been jointly prepared by the parties. The Director of Human Resources is the manager of labor relations for the In- Home Supportive Services (IHSS) Authority in authority-provider relations matters as provided in Board of Supervisors' Resolution 8111155 and Contra Costa County Ordinance No. 98-14. The parties have met and conferred in good faith regarding wages and other terms and conditions of employment as defined in Welfare and Institutions Code Section 12301.6 and Contra Costa County Ordinance No. 98-14 for the providers in the unit 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 Authority-provider relations covering such providers. This MDU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the IHSS Authority, as the joint recommendations of the undersigned for salary and other adjustments for the period commencing December 1, 1999 and ending December 1, 2000. SECTION 2: UNION RECOGNITION SEIU Local 250, Health Care Workers Union (Union) is the formally recognized employee organization for the representation unit listed below, and has been certified as such pursuant to Board of Supervisors' Resolution 8111165 and Contra Costa County Ordinance No. 98-14. In-Home Supportive Services Provider Unit SECTION 3 MUTUAL RESPECT The IHSS Authority and the Union agree that all workers and administrators involved in the IHSS program regardless of position, profession, or rank, will treat each other with courtesy, dignity and respect. The foregoing shallalso apply in providing services to the public, specifically including IHSS consumers. The Public Authority and the Union will meet, in a timely manner, from time to time, at the request of either party, to discuss issues regarding the application of this section. 12:52 PM 11/09/99 1 IHSSMouComplete.doc C�T1 : NO DISCRIMINATION There shall be no discrimination because of sex, race, creed, color, national origin, sexual orientation or union activities against any provider by the IHSS Authority or by anyone employed by the Authority; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person seeking to be listed on the IHSS registry solely because of such disability unless that disability prevents the person from performing the essential functions established for the position or from carrying out the duties of the position safely. SECTION-: PAYROLL. To promote a timely and accurate payroll system, the Authority and the Union shall work together to identify causes and solutions to problems resulting in late, lost or inaccurate paychecks and similar issues. When the causes of problems are outside the Authority's direct control, the Authority and Union shall work cooperatively to create solutions by bringing the problems to the attention of the responsible agencies (this may include the State's payroll department, for example). The Authority shall provide all home care workers with local access phone numbers to call for timely answers to payroll questions and resolutions to problems. The Authority and the Union shall share information on the causes and potential solutions for payroll issues in good faith and in a spirit of cooperative problem solving. SECTION 6: UNION RIGHTS A. List and Information The IHSS Authority shall, on a monthly basis, provide the Union a list of all current providers including name, address, telephone number, social security number and hours worked. The list will be provided in an agreed upon format. SEIU shall defend, indemnify, save, protect and hold harmless Contra Costa County and Contra Costa County In-Home Supportive Services 'Authority and their respective boards, directors, officers and employees from any and all claims, costs and liabilities for any damages and/or injury arising from disclosure to SEIU of IHSS provider names, social security numbers, addresses and phone numbers. The County's and/or Contra Costa County In-Norrie Supportive Services Authority's right to be defended, indemnified, saved, protected and held harmless hereunder shall be unaffected by the concurrent negligence of the County, the Contra Costa County In-Home Supportive Services Authority or any other person. The Authority will provide a bulletin board in each of its offices for use by the Union provided the communications displayed have to do with official organization business including, but not limited to, times and places of meetings 12:52 PM 11/09/99 2 rHSSMoucomplete.doc and further provided that the employee organization appropriately posts and removes the information. The Executive Director reserves the right to remove objectionable materials after notification to and discussion with the 'Union. B. Dues Deduction. Pursuant to Board of Supervisors' Resolution 8111165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee deduction for all employees in its unit. C. Agency Shop The Union agrees that it has a duty to provide fair and non-discriminatory representation to all providers for which this section is applicable regardless of whether they are members of the Union. All providers who work twenty-five {25} or more hours in a month on or after the effective date of this MCU and continuing until the termination of the MOU, shall as a condition of employment either: 1. Become and remain a member of the Union; or 2. Pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable laws. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described in Section 6.8.2 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. 4. The Union shall provide the County with a copy of the Union's agency fee procedure and each revision thereof, and shall provide notice of said procedure to bargaining unit members as required by all applicable laws. Failure by an employee to invoke the said procedure within one month after actual notice shall be a waiver by the employee of his/her right to contest the amount of the agency fee, unless otherwise required by law. 12:52 PM 11/09/99 3 tHSSMouGomplete.doc 5. Annually, the Union shall provide the Human Resources Director with copies of the financial report required pursuant to the Labor- Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after the end of the fiscal year shallresult in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed, and upon mutual agreement, this time limit may be extended to one hundred twenty (120)days. The provider's earnings must be sufficient after required deductions are made to cover the amount of the dues or agency shop fees. When a provider is in a non- pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of a provider who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection all required deductions have priority over Union dues and agency shop fees. The Authority and the Union will cooperate in the implementation and subsequent administration of this section. D. Hold Harmless The Union shall indemnify, defend, and save the County and the IHSS Authority harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this union security section, or action taken or not taken by the County or the Authority under this Section. This includes, but is not limited to, the County's or Authority's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure following the adoption of this MOU by the County Board of Supervisors acting in their capacity as the governing body of the In-Home Supportive Services Authority, SECTION 7: WAGES For the term of this MOU, the Authority shall contribute funding in the amount of three million dollars ($3,000,000) for increased wages (including payroll taxes, Worker's Compensation and Unemployment Insurance) for providers. This amount shall be the absolute limit of increased Authority costs for the twelve (12) month term of this MOU which commences on the date the increased wage rate is effective. It is understood and agreed that the implementation of the increased rate may involve delays due to State approvals, or to State payroll issues, none of which are within the control of the Authority. To the extent that Authority or State procedures and approvals permit, the increase in the wage rate'will be made effective December 1, 1999, or as soon thereafter as permitted. 12:52 PM 11109/99 4 1HSSMouComplete.doc If, during the term of this MOU, there is an increase in the State or Federal formula for matching funds, the Authority and the Union will meet and confer as to the application of the increased funds towards wages and/or benefits. If, during the term of this MCU, the State or Federal formula for matching funds is reduced to below the current levet, the Authority and the Union will meet and confer as to the impact of the loss of funding but in no ease shall the Authority's contribution be increased. SECTION 8: CONSUMER RIGHTS: 8.1 Consumer as Employer: Under State Law and County Ordinance establishing the IHSS Authority, Consumers have the sole and undisputed right to: 1) Hire Providers of their choice; 2) remove Providers from their service at will; 3) determine in advance and under all circumstances who can and cannot enter their home; and 4) supervise the work of Providers providing services to them. 8.2 Confidentiality-Right to Privacy: The Union shall neither seek nor receive information regarding the name, address, phone number, or any other personal information regarding consumers. Union representatives and IHSS providers shall maintain strictstandards of confidentiality regarding consumers and shall not disclose personal information obtained, from whatever source, pertaining to consumers, unless disclosure is compelled by legal process or otherwise authorized by law. SECTIO 9: REGISTRY In accordance with Welfare and Institutions Code Section 12309.6 and Contra Costa County Ordinance No. 98-14, the Authority shall operate a registry for the purpose of assisting Consumers in finding Providers. The parties agree to meet and confer, following the seating of the Advisory Committee to the IHSS Authority, regarding registry matters which impact provider wages, Fours and working conditions including, but not limited to, possible respite and emergency referrals. 12:52 PM 11/09/99 5 IHSSMouComplete.doc SEC IIOh[J0: GRIEVANCE PROCEDURE 10.1 Definition and Procedural 1. 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 Authority official or consumer shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: .Step. Any provider who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discussthe complaint with the Authority's Executive Director or such representative as the Director may designate. B-t=J. If a grievance is not satisfactorily resolved in Step 1 above, the grievant, or the Union on the grievant's behalf, may submit the grievance in writing within twenty (20) working days to the Director of Aging and Adult Services. The grievance shall state which provision of the MCU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Director of Aging and Adult Services or his designee shall have twenty (20) working days in which to respond to the grievance in writing. If the grievant requests a meeting with the Director of Aging and Adult Services or his/her designee at this step, such a meeting will be held. S,te.-3. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 2 above and filed within ten (10) working days of the written response of the Director of Aging and Adult Services or his/her designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, either the grievant, or the Union on the grievant's behalf, or the IHSS Authority may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Director of Aging and Adult Services. Within twenty (20) working days of the request for arbitration, the parties shall mutually select an arbitrator who shall render a decision within thirty (30)working days from the date of ficial submission of the grievance including receipt of the court reporters 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 or the Union on the grievant's behalf, and the Authority. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any. 12:52 PM 11109/99 6 Mssivioucomp[ete.doc 10.2 Scope of Arbitration Decisions. A. Decisions of arbitrators on matters properly before them shall be finaland binding on the parties hereto, to the extent permitted by law. B. No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and under such dispute falls within the definition of a grievance',as set forth in Subsection 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. No 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. No change in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Authority and the Union. 10.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the Authority 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. 10.4 UnIQn Notification. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union, but is not represented by the Union in the grievance, shall give the Union a copy of the formal presentation. ECTION 11: TRAINING The Authority shall seek and give full consideration to the Union's input for the purpose of developing and implementing training programs for Providers. Training materials and the curriculum will be developed in conjunction with the Advisory Committee, giving full consideration to the Union's input. 12:52 PM 11109199 7 IHSSMouCompfete.doc SECTION 12: HEALTH AND SAFETY The Authority staff will meet with Advisory Committee members, social workers, Public Health Staff, the Union and other interested parties to explore/study this issue; and, if needed, develop a policy and procedure to address the issue. SECTION 13: OFFICIAL. REPRESENTATIVES, STEWARDS) 13.1 Official Representatives. The Union shall notify the IHSS Authority of their Official Representatives and changes in such Representatives. The list shall be sent to the Labor Relations Unit and a copy will be sent to the Executive Director of the IHSS Authority. 13.2 Stewards. The Union shall notify the IHSS Authority of the names of their Stewards at the beginning of the contract year and update the names as changes occur. SECTION 14: NO STRIKEINO LOCKOUT During the term of this MOU, the Union, its members and representatives, agree not to engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production, or refusal to perform customary duties. The IHSS Authority agrees not to lockout members during the term of this MOU. SECTION 15: SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 15.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sale and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. 15.2 Separability of Previsions. 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. 12:52 PM 11/09/99 8 IHSSMouComplete.doc Dated: November 9, 1999 IHSS AUTHORITY SEIU LOCAL 250 ze f r' 12:52 PM 11/49/99 9 IHSSMouCOMP#ete.doc s Contra Costa Counter EmpLo ment Human Services John B. Cullen Director v November 9, 1999 in partnership Dana Simon Lead Organizer/Field Representative with the SEW Local 250 560 2& Street ;onYrnunitsr' Oakland, CA 94612 we provide Dear Mr. Simon, services In Home Supportive Services staff will continue to provide information to new that supportIn about worker's compensation benefits. This information is included in the and protect orientation packet of materials mailed to all new providers. adults, Sincerely, children, 117 families, Robert M. Sessler and the. elderly, Director Aging& Adult Services and promote RMS.jm personal cc: Leslie Knight, Director of Human Resources responsibility, Keith Fleming, President, IEDA independence and .teff Kyle, Human Resources Analyst self-sufficiency. 40 Douglas Drive • Martinez, CA 94553 + (925) 313-1500 Fax (925) 313-1575 mon r ,w;t Human Resources .. �+ rr Department Costa � Administration Bldg. g 681 Fine Street County Martinez, California 94553.1292 �x November 9, 1999 Dana Simon Lead Organizer/Field Representative SEW local 250 560 20"' Street Oakland, CA 94512 Dear Mr. Simon, This will confirm that the Authority and the Union will interpret Section C, paragraph D, bold Harmless, of the Memorandum of Understanding between the IHSS Authority and SEIU local 250 as follows: The Authority will first tender defense of a claim, demand, or suit against it or the County to the Union for defense. If the Union fails or refuses to defend the Authority or the County, the Authority or the County will seek to use the services of the County Counsel's Office if feasible, or, in its discretion, may engage outside counsel. Sincerely, Kathy Ito Labor Relations Manager CC: Leslie Knight,Director of Human Resources Vic Westman,County Counsel John Cullen,Director of Employment and Human Services Keith Fleming,President,IEDA Jeff Kyle,Human Resources Analyst 1 November 4, 1999 Mr. Dana Simon, Lead Organizer/Field Representative SEW Local 250 550 — 24th Street Oakland, CA 94612 Dear Mr. Simon: This is to confirm the IHSS Authority has requested that the State of California authorize a new IHSS rate which includes a wage rate for IHSS Providers of$7.02 per hour effective December 1, 1999. In the event the current State or Federal formula for matching funds increases during the term of this Memorandum of Understanding between the Authority and SEIU Local 250, the Authority agrees not to offset its maximum contribution of three million dollars ($3,000,000) for increased wages. Should, in the future, a rate adjustment be required, the Authority will submit the request in a timely manner. Sincerely, John Cullen Director, Employment and Human Services