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HomeMy WebLinkAboutMINUTES - 12052000 - C52-C56 464 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Dec-ember 5. 200Q by the following vote: AYES: Supervisors Gioia, Uilkema, De.Saulnier NOES: None ABSENT: (District V Seat Vacant) and Supervisor Gerber absent ABSTAIN:None SUBJECT: Adopt Memorandum of Understanding) With SEIU Local 535 Rank & File Unit) Resolution No 2000/ 508 BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (copy attached and included as part of this document), jointly signed by Kathy Ito, Labor Relations Manager, and Joyce Baird, SEIU Local 535 Rank & File Unit Sr. Field Representative, regarding economic terms and conditions for October 1, 1999 through September 30, 2002 for those classifications 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 5, 2000 'HIL BATCIIELOR, le k of the Board o r ervl o and C Administrator BY 0 Deputy Orig. Dept.: Human Resources Department(Kathy Ito @ 5-1785) cc: Labor Relations Unit Personnel Services Unit Auditor-Controller/Payroll Employment and Human Services Department Health Services Department Probation Department Joyce Baird, Local 535 Resolution 20001508 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND SOCIAL SERVICES UNION, LOCAL 535 RANK & FILE UNIT OCTOBER 1 , 1999 - SEPTEMBER 30, 2002 SEIU LOCAL 535 RANK & FILE UNIT TABLE OF CONTENTS SECTION 'I UNION RECOGNITION ....................................................5 SECTION 2 UNION SECURITY 2.1 Dues Deduction.................................................................5 2.2 Agency Shop .................................... ...6 .............................. 2.3 Maintenance of Membership............................................ 9 2.4 Union Dues Form ............................................................ 10 2.5 Withdrawal of Membership..................... ......... 11 . ............. 2.6 Communicating With Employees .................................... 11 2.7 Use of County Buildings.................................................. 13 2.8 Advance Notice ............................................................... 13 2.9 Written Statement for New Employees ........................... 14 SECTION 3 NO DISCRIMINATION .................................................... 14 SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings................................................... 15 4.2 Union Representatives.................................................... 16 4.3 Social Service Representatives ...................................... 16 4.4 Social Service Office Stewards ....................................... 17 4.5 Department Notification................................................... 17 SECTION 5 SALARIES 5.1 General Wage Increases ................ ............................... 18 5.2 New Pay Equity Master Agreement ................................20 5.3 Entrance Salary...............................................................23 5.4 Anniversary Dates ...........................................................23 5.5 Increments Within Range................................................25 5.6 Part-Time Compensation ................................................26 5.7 Compensation for Portion of Month ................................26 5.8 Position Reclassification..................................................26 5.9 Salary Reallocation & Salary on Reallocation ................27 5.10 Salary on Promotion........................................................29 5.11 Salary on Appointment From a Layoff List......................30 5.12 Salary on Involuntary Demotion ......................................30 5.13 Salary on 'Voluntary Demotion ........................................ 31 5.14 Transfer ...........................................................................31 5.15 Pay for Work in Higher Classification..............................32 5.16 Payment ..........................................................................34 5.17 Pay Warrant Errors..........................................................35 i SECTION 6 DAYS & HOURS OF WORK 6.1 Normal Work Week & Deviations....................................36 6.2 Staggered Work Schedule ..............................................36 6.3 9/80 Schedule .................................................................41 6.4 4110 Work Schedule........................................................42 SECTION 7 OVERTIME & COMPENSATORY TIME 7.1 Overtime ..........................................................................42 7.2 Compensatory Time........................................................43 7.3 Part-Time Differential ......................................................46 SECTION 8 CALL SACK TIME..........................................................47 SECTION 9 ON-CALL DUTY .............................................................47 SECTION 10 SHIFT DIFFERENTIAL...................................................47 SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 11 .1 Workforce Reduction.......................................................49 11.2 Separation Through Layoff..............................................51 11 .3 Notice ..............................................................................57 11 .4 Special Employment Lists ............................................... 58 11 .5 Reassignment of Laid Off Employees.............................58 11 .6 Further Study...................................................................59 SECTION 12 HOLIDAYS 12.1 Holidays Observed ..........................................................59 12.2 Application of Holiday Credit...........................................60 12.3 Holidays Falling on Saturday or Sunday.........................61 12.4 Accrual of Holiday Time & Credit ....................................61 SECTION 13 VACATION 13.1 Vacation Allowance ........ ... .. ... 13.2 Vacation Accrual Rates...................................................63 13.3 Accrual During Leave Without Pay .................................64 13.4 Vacation Allowance for Separated Employees...............64 13.5 Vacation Preference........................................................64 SECTION 14 SICK LEAVE 14.1 Purpose of Sick Leave ....................................................64 14.2 Credits To and Charges Against Sick Leave ..................65 14.3 Policies Governing the Use of Paid Sick Leave..............65 14.4 Administration of Sick Leave........................................... 71 14.5 Disability ..........................................................................74 14.6 Workers" Compensation .................................................. 79 II 14.7 Leave Without Pay ........................................ ..................83 14.8 State Disability Insurance ( SDI) .....................................83 14.9 General Provisions..........................................................83 14.10 Procedures ............................. .......84 .................................. 14.11 Method of Integration ......................................................85 14.12 Definition..........................................................................86 14.13 Conversion to the New SDI Program ..............................86 14.14 Disability Insurance Review Committee..........................87 14.15 Employee Annual Health Examination............................87 SECTION 15 CATASTROPHIC LEAVE BANS{ 15.1 Program Design ..............................................................88 15.2 Operation.........................................................................89 SECTION 16 LEAVE OF ABSENCE 16.1 Leave Without Pay ..........................................................92 16.2 General Administration - Leaves of Absence ................. 92 16.3 Furlough Days Without Pay ............................................94 16.4 Military Leave ..................................................................94 16.5 Family Care Leave or Medical Leave .............................95 16.6 Certification......................................................................96 16.7 Intermittent Use of Leave ................................................96 16.8 Aggregate Use for Spouses............................................96 16.9 Definitions...................... 16.10 Pregnancy Disability Leave.............................................99 16.11 Group Health Plan Coverage........................................ 100 16.12 Leave Without Pay - Use of Accruals............................ 100 16.13 Leave of Absence Replacement ................................... 102 16.14 Leave of Absence Return.............................................. 102 16.15 Reinstatement From Family Care Medical Leave......... 102 16.16 Salary Review While on Leave of Absence .................. 103 16.17 Unauthorized Absence.................................................. 103 16.18 Non-Exclusivity.............................................................. 104 16.19 Time Off to Vote ............................................................ 104 SECTION 17 "JURY DUTY AND WITNESS DUTY 17.1 Jury Duty ....................................................................... 105 17.2 Witness Duty ................................................................. 106 SECTION 18 HEALTH AND WELFARE, LIFE AND DENTAL CARE 18.1 County Programs .......................................................... 107 18.2 Rate Information ............................................................ 108 18.3 Medicare Rates ............................................................. 108 18.4 Partial Month ................................................................. 108 18.5 Coverage During Absences .......................................... 109 18.6 Retirement Coverage .................................................... 110 iii Ueterred Retirement...................................................... 110 18.8 Dual Coverage .............................................................. 112 18.9 Health Care Spending Account..................................... 112 18.10 Wellness Incentive Program ......................................... 113 18.11 Child Care...................................................................... 114 18.12 Confidentiality of Information/Records .......................... 114 18.13 PERS Long Term Care ................................................. 115 SECTION 19 PROBATIONARY PERIOD 19.1 Duration ......................................................................... 115 19.2 Probation Periods Over Six/Nine Months ..................... 115 19.3 Revised Probationary Period ........................................ 116 19.4 Criteria ........................................................................... 116 19.5 Rejection During Probation ........................................... 116 19.6 Regular Appointment..................................................... 19.7 Layoff During Probation ................................................ 119 19.8 Rejection During Probation of Layoff Employee ........... 120 SECTION 20 PROMOTION 20.1 Competitive Exam ......................................................... 120 20.2 Promotion Policy ........................................................... 120 20.3 Open Exam.................................................................... 120 20.4 Promotion Via Reclass Without Examination................ 121 20.5 Requirements for Promotional Standing ....................... 121 20.6 Seniority Credits ............................................................ 122 20.7 Promotional Employment List-Rule of Five................... 122 20.8 Physical Examination Requirement .............................. 122 SECTION 21 TRANSFER 21 .1 Requirements ................................................................ 123 21 .2 Transfer Without Examination....................................... 124 21 .3 Procedure...................................................................... 125 SECTION 22 RESIGNATIONS 22.1 Resignation in Good Standing ...................................... 125 22.2 Constructive Resignation .............................................. 125 22.3 Effective Resignation..................................................... 126 22.4 Revocation..................................................................... 126 22.5 Coerced Resignations................................................... 126 SECTION 23 DISMISSAL SUSPENSION AND DEMOTION 23.1 Sufficient Cause for Action ............................................ 127 23.2 Skelly Requirements ..................................................... 129 23.3 Leave Pending Employee Response............................ 131 23.4 Length of Suspension.................................................... 131 23.5 Procedure on Disciplinary Actions ................................ 131 iv .................... 23.6 Employee Representation Rights.................................. 132 SECTION 24 GRIEVANCE PROCEDURE 24.1 Definition and Procedural Steps... ........................... 132 24.2 Scope of Adjustment Bd. and Arbitration Decisions ..... 135 24.3 Time Limits .................................................................... 137 24.4 Compensation Complaints ............................................ 137 24.5 No Strike........................................................................ 138 24.6 Merit Board .................................................................... 138 24.7 Filing by Union............................................................... 139 24.8 Union Notification .......................................................... 139 SECTION 25 BILINGUAL PROVISIONS 25.1 Salary Differential .......................................................... 139 25.2 Spanish Notices of Action ............................................. 140 25.3 Non-English Speaking Caseloads ................................ 140 SECTION 26 RETIREMENT CONTRIBUTION 26.1 Contribution ................................................................... 140 26.2 Tier III Retirement Plan ................................................. 140 SECTION 27 TRAINING REIMBURSEMENT .................................... 146 SECTION28 MILEAGE ...................................................................... 147 SECTION 29 RESPITE LEAVE WITHOUT PAY................................ 147 SECTION 30 MENTAL HEALTH SCREENING DIFFERENTIAL...... 148 SECTION 31 CONSERVATORSHIP DIFFERENTIAL....................... 148 SECTION 32 NOTICE OF NEW EMPLOYEES.................................. 149 SECTION 33 PERSONNEL ACTIONS 33.1 Personnel Files.............................................................. 149 33.2 Counseling..................................................................... 150 33.3 Copies ........................................................................... 151 33.4 Performance Evaluation................................................ 152 SECTION 34 SAFETY PROGRAM .................................................... 156 SECTION 35 FLEXIBLE STAFFING 35.1 Designated Positions....................... 35.2 Continuous Testing for Flexibly Staffed Classes .......... 158 SECTION 36 CAREER LADDER ....................................................... 159 V SECTION 37 STAFFING ALLOCATIONS & WORKLOAD DISTRIBUTION 37.1 Quarterly Review........................................................... 160 37.2 Department/Union Monthly Meeting ............................. 160 37.3 Labor/Management Team............................................. 161 37.4 Program Committees .................................................... 162 37.5 Meeting Minutes ............................................................ 163 37.6 Workload Streamlining .................................................. 163 37.7 Maintenance of Positions .............................................. 163 SECTION 38 STAFFING ALLOCATIONS & REASSIGNMENTS..... 164 SECTION 39 REIMBURSEMENT FOR MEAL EXPENSES.............. 167 SECTION 40 PERSONAL PROPERTY REIMBURSEMENT ............ 169 SECTION 41 LENGTH OF SERVICE DEFINITION ........................... 170 SECTION 42 SERVICE AWARDS ..................................................... 171 SECTION 43 PERMANENT PART-TIME EMPLOYEE BENEFITS... 171 SECTION 44 P-1 EMPLOYEE BENEFITS.......................................... 172 SECTION 45 P-1 EMPLOYEE HEALTH PLAN .................................. 172 SECTION 46 PROVISIONAL EMPLOYEE BENEFITS ..................... 174 SECTION 47 INDEMNIFICATION & DEFENSE OF COUNTY.......... 175 SECTION 48 MODIFICATION & DECERTIFICATION ...................... 175 SECTION 49 UNFAIR LABOR PRACTICE 49.1 Filing .............................................................................. 176 49.2 Unfair Labor Practice - County...................................... 177 49.3 Unfair Labor Practice - Union........................................ 177 SECTION 50 REPRESENTATION OF TEMPORARY EMPLOYEES 50.1 Recognition................................ . 178 50.2 Emergency Appointments ............................................. 178 50.3 Agency Shop ................................................................. 179 50..4 Agency Shop Deductions.............................................. 181 50.5 Salary ............................................................................ 182 50.6 Salary Increments Within Range................................... 182 50.7 Paid Time Off....................................... .......................... 184 50.8 Provisional Employees.................................................. 187 Vi 50.9 Grievance Procedure .................................................... 187 50.10 Positions ........................................................................ 187 SECTION 51 DEPENDENT CARE ..................................................... 188 SECTION 52 SPECIAL STUDIES & OTHER ACTIONS 52.1 Differentials.................................................................... 189 52.2 Grievance Procedure ..........................:......................... 189 52.3 Job Sharing & Part-Time Job Opportunities ................. 189 52.4 Telecommuting Options ................................................ 190 52.5 Reclassification ............................................................. 190 52.5 Job Classification .......................................................... 190 52.7 Ergonomics.................................................................... 191 52.8 Safety Retirement.......................................................... 191 SECTION 53 ADOPTION.................................................................... 192 SECTION 54 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS 54.1 Scope of Agreement...................................................... 191 54.2 Separability of Previsions.............................................. 192 54.3 Personnel Management Regulations............................ 192 54.4 Duration of Agreement.................................................. 193 ATTACHMENTS EXHIBIT Vii - . @ - a $ . @ . ■ . � . � . ■ . � .. .. » ■ ® � � ® e � e ■ . e � , ■ e � f - ' e e � ■ r , $ , e ® f e ef e _ � e ef ■ � � f � � ° $ e - - ® - � e � f ■ � e , e - f ■ - - , � - ■ e . , e , e - ■ e . f ' ee - � f - e \ � l � � : e e e - e & e , e ® f . ■ # � e , e - e _ e e 2 � � e :e ■ . e . e - e e - e - ` e ■ - - \ - $ ° . � � e , e eee _ e e ■ ee . � � e _ ' - e - � e - e e - , _ e f � ■ , _ f - , e e 2 - ' e e - . . e $ $ . _ e - e e - - $ e ` - -. � e . ■ - $ - ■ @ - -. � . , e - ■ - - - e e - . $ _ $ _ ■ . . @ ` e - ee � _ _ a � ee - ' @ - ` � ■ . . � ° e . � e ' ■ e ■ � . e � tee - ® ® f - ■ ' e e . fie - � - � $ $ $ ef . , ■ e e 2 � e ' . ■ \ - e ._ - e � _ - \ _ _ - e ' - ■ , e eIV . ' ' ■ ................. Utl-IN!1 TUNS DEFINITIONS AoDointina 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. County: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given classification. SEW 535 R&F - 2 " 1999-2002 MOU Ucrlrvw r MVO Emplgy e: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MMU and whose position is held pending his/her return. Em.ployment 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 Emplo ewe: 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. SEIU 535 R&F - 3 , 1999-2002 MOU ucrInI r rVnrS Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. SEW 535 R&F - 4 . '1999-2002 MOU SECTION 1 - UINIUN Hb(;UUNIIIUN 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 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. Union: SEIU Local 585, Dank & File. SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. Community Aide Unit Social Services Unit SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a majority representative may SEW 535 R&F " 5 , 1999-2002 MOU SECTION 2 - UNION SECURITY 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 Agency Shop. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or SEW 535 R&F " 6 , 1999-2002 MOU JCS I IVIV L - UIVIUIV OCi..Uf[I r r 3. do bath of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.B.2 to a non- religious, non-labor, charitable fund chosen by the employee from the following charities: Family & Children's Trust Fund, Child Abuse Prevention Council and Battered women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payor covered by this MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. SEW 535 R&F . 7 - 1999-2002 IIf OU SECTIUN2 - UNIUN SECUNII Y D. The provisions of Section 2.2.8.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. E. Annually, the Union shall provide the Director of Human Resources 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 (50) days after (June 30) shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed. F. Compliance. 1 . An employee employed in or hired into a job class represented by the Union shall be provided with an Employee Authorization for Payroll Deduction form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Union dues, agency shop fee, initiation fee or charitable contribution required under SEW 535 R&F - 8 , 1999-2002 MOU ............................................... SECTION 2 - UNION SECURITY Section 2.2.5.3 aro not received, the Union may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Union security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Union. I. In the event that employees in a bargaining unit represented by the Union vote to rescind Agency Shop, the provisions of Section 2.3, 2.4, and 2.5 shall apply to dues-paying members of the Union. 2.3 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 SEW 535 R&F . 9 - 1999-2002 MOU SECTION 2 - UNION SECURITY of this MCU and each year thereafter so long as the Union continues to represent the classification to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Union Dues Form. Employees hired into classifications 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 a MCU,, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked SEW 535 R&F . 10 - 1999-2002 MOU SECTION 2 - UNION .SECURITY within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke said authorization. 2.5 withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between August 11 2002 and August 31 , 2002, 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 , 2002, discontinuance of dues payments to then be reflected in the October 10, 2002 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.+6 Communicating with Em�loyees. 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. SEW 535 R&F - 11 - 1999-2002 Mott SECTION 2 - UNION SECURITY 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 plead or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. To post literature on bulletin boards; b. to arrange for use of a meeting room; C. _ to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a Union officer on a matter within the scope of representation. 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. SEW 535 R&F - 12 - 1999-2002 MOU SECTION 2 - UNION SECURITY 2.7 Use of Chanty_ fuldrngs. 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; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be SEW 535 R&F - 13 - 1959-2002 MOU SECTION 2 - UNION SECURITY 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. 2.9 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 Services Unit or Community Aide 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 SEW 535 R&F . 14 - 1999-2002 MOU SECTION 4 - SHOP STEWARDS & OFFICIAL Hf:PHtstly 1A 11vtb 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 & 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; C. if their attendance is required for meetings required for settlement of grievances filed pursuant to Section 23 - Grievance Procedure of this MCU; 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 SEW 535 R&F - 15 - 1999-2002 MOUS 5f:(;I IUN 4 - SHUY S I t WAKUS ds U)"I'"AaAL KW'KtSt1V 1 A r 1 vrs 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. Except in the Department of Employment & Human Services, official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Manager, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head or designee. 4.3 Social Service Representatives. In the Department of Employment & Human Services the Union shall designate five (5) representatives who shall be allowed time off on County time with corresponding reduction in work assignments, up to sixteen (16) hours per week per representative, for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Officer or other SEW 535 R&F - 16 - 1999-2002 MOU - ............................................. StEMUN 4 - SHUP b 12:WAKUS & UN-1WAL KGrKCJCly#A f I vca management representatives on matters within the scope of representation or for the reasons as provided in 4.1 .a through 4.1 .e above. In each case, advance arrangements for time away from the employee's work assignment shall be made with the Department Head or designee. Such representatives from other departments shall be allowed time off as provided in Section 4.2 and the representatives designated in this Section shall not in the aggregate exceed five (5) employees. 4.4 Social Service office Stewards. The Union may designate stewards in the Department of Employment & Human Services who may be allowed to attend meetings held on County time for the purposes provided in 4.1 .d above. In each case, advance arrangements for time away from the employee's work assignment shall be made with the Department Head or designee. The number of stewards for the following offices shall be: Muir Road 2 Marina west 2 Hilltop 1 El Sobrante 1 Rodeo 1 Douglas 1 Antioch 2 CMSE 1 If during the term of this MCU offices are combined or created, the Union may designate one (1 ) steward for each new office and two (2) stewards for any office with one hundred (100) or more represented employees. 4.5 DgRartment Notification. The Union shall notify in writing the Department Head or designee of these persons SEW 535 R&F - 17 - 1999-2002 MOU SbG I IUN 5 - SALAKItS 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. The following wage schedule is effective for employees represented by SEIU Local 535: October 1 , 1999: 5.0% increase October 1 , 2000: 3.0% increase October 1 , 2001 : 4.0% increase 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 form October 1 , 1999 through October 31 , 1999. The October 1 , 1999 increase will be paid retroactively in a lump sum payment to each employee for the period October 1 , 1999 through October 31 , 1999, without interest. The payment amount computed will be paid on the December 10, 1999 pay warrant as a "Lump Sum Payment" and will be subject to normal tax withholding and retirement deduction requirements. SEW 535 R&F - 18 - 1999-2002 MU act.#I IVIV a - 0t41-ttmr-0 B. Salaries. The Social Service Program Assistant (SSPA) class specification will be revised to reflect current job duties and responsibilities and the salary increased for incumbents in the SSPA class by 20 levels (2.0191 %) effective January 1 , 199+6 to create the salary level of the SSPA class at a rate of at least five percent (5%) higher than that of Eligibility Work Specialist. The five percent (5%) difference in salary range shall be maintained between the SSPA and the Eligibility Work Specialist. Effective October 1 , 1999, the County agrees to increase the base pay of the Social Casework Assistant classification by 8.54%, the Employment Placement Counselor classification by 3.5%, and the Social Casework Specialist 11 classification by 3.0%. Effective October 1 , 1999, the County agrees to incorporate the 3.5% CalWORKS differential into the base pay of the Social Service Program Assistant and Social Worker classifications. Effective October 1 , 1999, the County will remove Step 1 and Step 2 from the bottom of the Social Casework Specialist I salary range, making the salary range three (3) steps. Effective January 1 , 2000, the County agrees to increase the base pay of the Social Service Welfare Fraud Investigator, Social Service Welfare gaud SEW 535 R&F - 19 - 1999-2002 MOU • So • A A ." . - so ♦ + r A A i � N • * - A f ,. rr - A • A A .. A . A . A ME a Af AA Stt;I1UN 5 - bALAHMb 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. Adogtion 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, 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 /0). The fixed amount of money derived from this calculation shall constitute the total pay equity SEIU 535 R&F - 21 - 1999-2002 MOU SECTIUN 5 - SALARIES 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 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 SEW 535 R&F - 22 - 1999-2002 MOU JCt±l 1t7N a - SHLHKfCJ 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 at a step above the minimum of the range. 5.4 Anniversary Lutea. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: a. New_Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. SEW 535 R&F - 23 - 1999-2002 MOU SECTION 5 - SALARIES 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. Reemployment. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. f. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from SEW 535 R&F - 24 - 1999-2002 MOU A A R • i i ' • • a a •, r i � • i w ' - - - • - a � i a s a i R ! • . • w i � • � ' � ' i r i • i • ♦ IV • i •, i • ' i ' ' w • w w r ! i • R • i i i w ' . w i ' w i ' • is �' w R i "" i • " w • ' R i w ' i • ' i ' i w r or • ! ' ! i ' ! R ' • iw ' i i • ' • i ! . i i w • . � • • . • • R w - • ' � ! i • w i i • i ! i � ! ' i i ' i i " i ! i i • i w 0l i R • ii i r • ! ' i i • ' ! i ' - • i � ii • • �` • ' i w * • i r i ' w • i ' ! R ' • i ' ' i R • ' ' . i .� • ' R • i w i ' i i r i R •. ' i ! • ' i i i • • " i r ' i • ! w R • i i i R • ' • � i ' ! • I i ' - • i i w R R r • r ' SECTION 5 - SALARIES but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.6 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 parttime work schedule bears to the number of hours in the full time work schedule of the department. 5.7 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.8 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which SEW 535 R&F - 26 - 1999-2002 MOU . - -._.. ! # f f ' ! AV dW@F . f ! � ! ' i • i i a f ' i ! . f ! ' # # f4400 a ! a # • f a or do 40 Ir 41 IV 4p W 40 A # # # 49 40 w w ! f ! f SECTION 5 - SALARIES the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in 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 SEW 535 R&F - 28 - 1999-2002 MOU OC4..!1VIV a - OAL.ArVir-O 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. 5.10 Saiary 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 5.1 4, 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. 1f 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 SEW 535 R&F - 29 - 1999-2002 MOU SECTION 5 - SALARIES step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.11 Saiary_on Appointment From a Layoff List. in the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five percent (5%), in which case the salary shall be adjusted to the step in the new range which is five percent (5%) greater than the next higher step, if the new range permits such adjustment. 5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.1 3, shall have his salary reduced to the monthly salary step in the range for the class of position to which he has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he would have achieved had he been continuously in the position to which he has been demoted, all within-range increments having been granted. SEW 535 R&F - 30 - 1999-2002 MOU .StC:IIUN 0 - bALAKMb 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 the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class 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 SEW 535 R&F - 31 - 1999-2002 MOU SECTION 5 - SALARIES 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 Subsection 5.10 - Bala Promotion of this MOU, commencing on the 41st consecutive hour of the assignment, under the following conditions: a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. 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. 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 Memorandum. SEW 535 R&F - 32 . 1999-2002 MOU SECTION 5 - SALAWkS e. The appropriate authorization form has been submitted by the Department Head at least eight (6) days prior to the expiration of the ten (10) 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. 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 SEW 535 R&F - 33 - 1999-2002 MOU SECTION 5 - SALARIES salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. j. Allowable overtime pay, shift differential and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 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 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. SEW 535 R&F - 34 - 1999-2002 MOU StU I1UN b - SALAK/1:S Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section 5.15, all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (1 oth) 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 forty-eight (48) hours, exclusive of Saturdays, Sundays and Holidays from the time the department is made aware of and verifies that the pay warrant is in error. Fray errors discovered by the County in employee pay shall be corrected as soon as possible as to current pay rate but no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the two (2) year period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the Appointing Authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. SEW 535 R&F - 35 - 1999-2002 MOU SECTION 6 - DAYS AND HOURS OF WORK 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 (1-112) 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 Department of Employment & Human Services shall continue to operate a staggered work schedule plan. Office hours shall remain open to the public from 8:00 a.m. to 5:00 p.m., Monday through Friday. Permanent full time employees shall have SEW 535 R&F - 36 - '1999-2002 MOU SECTION 6 - DAYS AND HOURS OF WORK 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 Dead or designee shall be final. d. Lunch periods of one (1 ) or one half (Y2) 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 (Y2) 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 R&F - 37 - 1999-2002 MOU SECTION 6 - DAYS AND HOURS OF WORK 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 bast 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 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 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 or fewer workers may be clustered with another unit of a like program function in the immediate work area for the 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. SEW 535 R&F - 38 . 1999-2002 MOU St(;11UN 0 - UA YS AIVU HUUKO Ur Yvyrcr% h. Conflicting requests for schedules shall be resolved by the Department Head whose decision shall be final. 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 585 and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. The Public Health Division of the Health Services Agency shall institute, within clinic and caseload requirements, a staggered hours work schedule plan in which permanent full time Social Workers and Eligibility Workers shall have the option to request, subject to prior approval of the Department Head or designee, an eight (8) hour day, forty (40) hour work week schedule consisting of work hours which may be other than the normal 8:00 a.m. to 5:00 p.m., Monday through Friday. The following shall serve as the basic criteria for departmental approval: SEW 535 R&F - 39 . 1999-2002 MOU JCI#I/VIV 0 - UA To AIVU r VU1%Q Ur VVUI%r% a. All employees must be present at their Office or otherwise engaged in the duties of their position during the core hours of 9:00 a.m. to 4:00 p.m. b. Work schedules must remain within the hours of 7:30 a.m. and 5:30 p.m. except for specific assignments which may require work beyond those hours. C. The selected staggered work schedule shall consist of the same eight (8) hour work days as is necessary to provide coverage during the hours of 8:00 a.m. to 5:00 p.m. 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 subject to the approval of the Department Head or designee. In the event that the Social Worker or Eligibility Worker desires to change the scheduled lunch hour from one (1 ) hour to one-half (Y2) hour, or from one half (1/2) hour to one (1 ) hour, that change must be approved in advance by the Department Head or designee. e. Each proposed staggered schedule must be submitted in writing and approved by the Department Head or designee prior to implementation. f. Changes in staggered schedules shall be requested in writing and must have the approval of the SEW 535 R&F - 40 - 1999-2002 MOU bf:i:I IVIV 0 - LJH TO HJVLJ rIVUMO Ur VVVnh Department Head or designee prior to implementation. g. Conflicting requests for schedules shall be resolved by the Department dead or designee, and this decision shall be final. h. In the event coverage within an area office becomes temporarily reduced as a result of program changes, scheduling revisions, absenteeism, or reductions in staffing, the department may adjust Social Worker and Eligibility Worker schedules and/or duties to assure that the necessary functions of the department are performed. i. It is understood that an individual employee's schedule may be changed due to the needs of the department. j. 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 Department of Employment & Human Services governing the authorization for certain employees to work a schedule of eight (8) nine (9) hour days and one (1 ) eight (8) hour day sEIU 535 R&F - 41 - 1999-2002 MGU SECTION 7 - OVERTIME AND COMPENSATORY TIME in a two week scheduling period shall continue, unless the parties mutually agree to changes in such practice. 8.4 4/10 Work Schedule. The Department of Employment & Human Services will implement a 4/10 work schedule in accordance with Labor- Management Committee finalized guidelines; the Department will meet and confer regarding the impact of any unit exclusions from the 4/10 work schedule. SECTION 7 - OVERTIME AND COMPENSATORY TIME 7.1 Overtime. Overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. All overtime shall be compensated for at the rate of one and one-half (1 -1/2) times the employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is compensated in increments of one-tenth hour (six (8) minutes) by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the clock (such as the County Hospital, Jails, Juvenile Hall and Boys' Ranch) shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1 -1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the--accumulation SEW 535 R&F - 42 - 1999-2002 MOU SECTION 7 - OVERTIME AND COMPENSP TORY TIME thereof shall be in addition to the total vacation accumulation permitted under the terms of this MOU. The specific provisions of this accumulation are set forth in Section 12.4 — Holidays Falling on Saturday or Sunday of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. A. Employees receiving overtime pay who wish to accrue compensatory time off in lieu of overtime pay shall notify the department on the approved form indicating their desire to accrue compensatory time off at least seven (7) calendar days prior to July 1 of each year. Employees accruing compensatory time off and who wish to continue to accrue compensatory time off in a subsequent fiscal year are not required to notify the department. An employee wishing to change the method of overtime compensation (overtime pay to compensatory time off or compensatory time off to overtime pay) during the fiscal year may do so by notifying the department on the approved form with thirty (30) days notice of such change. Only one such change shall be allowed per fiscal year. B. The names of those employees electing to accrue compensatory time off shall be placed on a list SEW 535 R&F - 43 - 1999-2002 MOU SECTION 7 - OVERTIME AND COMPENSATORY IIMt maintained by the department. At time of appointment, newly appointed employees may elect to accrue compensatory time off in lieu of overtime pay by notifying the department on the approved form. C. Compensatory time off shall be accrued at the rate of one and one-half (1 -1/2) times the actual authorized overtime hours worked by the employee. A permanent part-time employee shall accrue compensatory time off at the rate of one (1 ) hour for each hour worked in excess of the employee's regular work week for those hours which are not authorized overtime. D. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours (i.e. eighty (80) hours at time and one-half). Once the maximum balance has been attained, authorized overtime hours worked will be paid at the overtime rate. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as SEW 535 R&F - 44 - 1999-2002 MOU SECTION 7 - OVERTIME AND COMPENSATORY TIME provided in D. above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. F. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his designee and the employee. Compensatory time off shall not be taken when the employee would be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his designee. G. When an employee promotes, demotes or transfers from the classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. H. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as provided in I. below. 1. Since employees accrue compensatory time off at the rate of one and one-half (1 -1/2) hours for each sEIU 535 R&F - 45 . 1999-2002 MOU SECTION 7 - OVERTIME AND COMPENSATORY TIME hour of authorized overtime worked, accrued compensatory time balances shall be paid off at the straight time rate (two-thirds (2/3) the overtime rate) for the employee's current salary whenever: 1 . the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department; 3. the employee separates from County service; 4. the employee retires; 5. the employee is granted a leave of absence. J. Compensatory time off shall be accrued and taken in increments of one-tenth (1110) hour (six (6) minutes). K. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this section. 7.3 Part-Time Differential. If an employee in the Department of Employment & Human Services, assigned to a permanent part-time position, is requested to work on his/her scheduled day off after the scheduled office hours, such employee shall receive, in addition to their regular base SEW 535 R&F - 46 - 1999-2002 MOU SECTIONS - GALL MA GK I M: rate of pay, a differential of one-half (Y2) their regular base rate of pay. SECTION 8 - CALL BACK TIME Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1 ) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. SECTION 9 - ON-CALL DUTY On call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange so that his superior can reach him on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1 ) hour of straight time credit for each four (4) hours on such on-call time. 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 33. SECTION 10 - SHIFT DIFFERENTIAL In the hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate. SEW 535 R&F - 47 - "1999-2002 MOU ............ SECTION 10 - SHIFT DIFFERENTIAL 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 R&F . 48 . 1999-2002 MOO SECTION 11 - SENIUKI I Y, WUHF%t-VHW: Hr-UUL,I IVIV, LA rurr at REASSIGNMENT SECTION 11 - SENIORITI '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 classification(s) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours 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 ether departments not experiencing funding reductions or SEW 535 R&F - 49 - 1999-2002 MOU SECTION 11 - SENIORITY, WURKI-{. HUH RtUUC:►IUIY, LAYVrr REA SSI GNM'ENT shortfalls when it is a viable operational alternative for the department(s). f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: 1 . Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the Department Head and/or Labor Relations officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations officer shall notify the Union of the possibility of such layoffs and shall meet and confer SEW 535 R&F - 50 - 1999-2002 M©U SECTION 11 - SENIORITY, WORKFORCE REDUGTIUN, LAYUrr- 6 REASSIGNMENT with the Union regarding the implementation of the action. 11 .2 Separation Through Layoff A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. 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 SEW 535 R&F - 51 - 9999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1 . Permanent intermittent and permanent part- time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority (1 ) in the same class, or (2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resouxes or designee retain their permanent full time employee seniority rights for layoff purposes only and may in a later layoff displace a full SEIU 535 R&F - 52 - 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 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 Section 305.2, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and 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 SEW 535 R&F - 53 - 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 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. Eli ig bility 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 who has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Lavo�ff. First, layoff lists shall contain the names of persons laid off, displaced or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement or 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 SEIU 535 R&F - 54 - 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYUFr- +� REASSIGNMENT case of ties in seniority, the seniority rules shell apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four (4) years. I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shell be appointed at the same step of the SEW 535 R&F - 55 . '1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT salary range the employee held on the day of layoff. J. Removal of dames From Reemployment and 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 eligible list was established have been declined by the eligible. SEIU 535 R&F - 56 - 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF$ REASSIGNMENT e. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten ( 10) days to written notice of certification mailed to the person's last known address. 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 Dames from Reemployment and Lavoff 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 (1 0) work days notice prior to their last day of employment. SE1U 535 R&F - 57 - 1999-2002 MOU # . ■ - . . ■ - $ - - . ■ ■ ■ � ■ ee ® e $ e - ■ ' ® . ® � - ® e ■ f ■ e ■ a $ $ _ $ . ® ewnvj $ , , $ ■ . - ■ e $ , ' e 40 _ e $ 40 _ e e e e fe � ■ ■ ■ e � e e � $ - ■ e e , f e .- e ms e e e ■ , e f _ _ IV * , $ e . ee ■ , e ® ® e _ . e e - _ ■ e .. ■ e e ` er . e e ■ ® ® e ® - ■ ■ - e ® , e � ■ e � � ® ^ f e efe . - ■ of e e - ■ . $ $ $ � ^ � ■ � e ■ . $ - . e � ® ® �■ . $ ' $ _ e e e ■ e , ■ 40e e ■ - _ eee : e e _ $ 4v bfC:I IUIV 71 - "IULIUA TO 11 .6 Further Study. The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 - HOLIDAYS 12.1 Holidays Observed. The County will observe the following holidays: a. January 1st, known as New Year's Day Third Monday in January known as Dr. Martin Luther King, Jr. Day Third Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11 th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. b. Each full time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one- tenth hour (six (6) minutes), and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. C. Permanent part-time employees shall receive personal holiday credit in the same ratio to the personal holiday credit given full time employees as SEW 535 R&F - 59 - 9999-2002 MOU SECTION 12 - HOLIDAYS 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. d. Employees shall accrue their personal holiday credit during months they are in pay status provided however that no employee may accrue more than foray (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 Day. 12.2 Application of Holiday Credit. The following provisions indicate how holiday credit is to be applied: a. Employees on the five (5) day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. C. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay SEW 535 R&E - 60 - 1999-2002 MOU Sttr I IUN 7 Z - HULIUA rS or equivalent compensatory time credit (holiday credit) for working the holiday; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit. 12.3 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. 12.4 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: a. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (July 1 through June 30), or the remainder thereof. b. Employees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved, will be paid overtime unless they specifically request in writing within seven (7) calendar days to be placed on the holiday credit accrual fist. SEW 535 R&F - 61 - 1999-2002 MOU SECTION 13 - VACATION LEAVE C. Holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. d. Accrued holiday credit may not be accumulated in excess of two hundred eighty-eight (288) working hours, exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, holiday time shall be paid at the rates specified above. e. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the Department Head. f. Accrued holiday credit shall be paid Off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. SECTION 13 - VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1 ) hour calculated on the same basis as for SEW 535 R&F - 62 - 1999-2002 MOU SECTION 13 - VACATION LEAVE partial month compensation pursuant to Section 5.7 — Comp nsation for Portion of Month of this MOU. Vacation may be taken in increments of one-tenth hour (six (6) minutes). Vacation credits may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation Leave on Reemployment From a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. 13.2 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 18-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 550 SEW 535 R&F - 63 - 1999-2002 MOU ............ SECTION 14- SICK LEAVE Employees in permanent pert-time and permanent- intermittent positions shell accrue vacation benefits on a pro rata basis as provided in Section 36-1 .006 of Board Resolution No. 81/1165. 13.3 Accrual Durinq Leave Without Pax. No employee who hes been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.4 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 reasonably as 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. SEW 535 R&F - 64 - 1995-2002 MOU SECTION 14- SICK LEAVE 14.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations and memoranda of understanding. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (six (6) minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay cuff eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement time on the basis on one day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: SEW 535 R&F - 65 - 1999-2042 MOU .......... ............ SECTION 14 - SICK LEAVE "Immediate 1=amilu" 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, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. "Employee" means any person employed by Contra Costa County in an allocated position in the County service. "Paid Sick Leave Credits" means those sick leave credits provided for by County Salary Regulations and memoranda of understanding. "Condition/Reason" With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical 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: SEW 535 R&F - 66 . 1999-2002 MOU SECTION 14 - SI'X LEAVE a. Tempos Illness or Inj 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. 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 SEW 535 R&F - 67 . 1999-2002 MOU SECTION 14 - SICK LEAVE 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 Preanancv Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1 . Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her SEW 535 R&F - 68 - 1999-2002 MOU SECTION 14 -- SICK LEAVE work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical and Cental 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 R&F - 69 . 1999-2002 MOU SECTION 14 - SICK LEAVE 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. L 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 SEW 535 R&F - 70 - 1999-2002 MOU ZibUIIVN 74 -- bi(;K LCHV& otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: a. Employee Responsibilities. 1 . Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 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 SEW 535 R&F - 71 - '1999-2002 MOU SECTION 14- SICK LEA YE imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways. 1 . Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.a. SEW 535 R&.F - 72 . 1999-2002 MOU ..A.w SECTION 14 - SICK Lf:AVC 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the 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. SEW 535 R&F - 73 - 1999-2002 MOU ............... SECTION 14 - SICK LEAVE 14.5 Disa�iiity. 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 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 physician 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 SEW 535 R&F - 74 - 1999-2002 MOU SECTION 14 - SICK LEAV: 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 Duman 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 weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (a) or {b} above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: SEW 535 R&F - 75 - 1999-2002 MOU ..........:........................ ... .... SECTION 14 - .SICK LEAVE 1 . a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. SEW 535 R&F - 76 . '1999-2002 MOU SECTION 14 -- SICK LEAVE 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 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 SEW 535 R&F - 77 - 1999-2002 MOU .................... SECTION 14 - SICK LEAVE 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 representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1 . The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. SEW 535 R&F - 78 - 1999-2002 MOU SECTION 94 - SICK LEAVE 8. 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. 14.6 Workers' Compensation. A permanent non-safety employee shall continue to receive the appropriate percent regular monthly salary, for all accepted claims filed before January 1 , 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 , 2000, the percentage of pay for employees entitled to Workers' Compensation shall be decreased from 87% to 86%. This provision excludes those safety employees entitled to benefits as defined under the Workers' Compensation taws of California, Labor Code Section 4850. If Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. SEW 535 R&F - 79 - 1999-2002 MOU i ! ! r i w i r • ! i ! ! ! ! A A • ! ' k ! i ' ! ! i ` w ! r 4p W 40 i ' r i w i w ! r ' r ! w - w ! r r w ` r ! � ! i • i ' i ` i or w ! �•r i ! r ! ! r i ! ' lot w 40 ' • • ! ! ' i . ! r ! ! r " i ! " r ! i �• i i ! w ......... .....__...._. .. . _ _ SECTION 14- SICK LEAVE disability absence" for the purpose of this Section, is an 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 by this Section shall terminate. 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. Employees shall be entitled to a maximum of one (1 ) year of continuing pay benefits for any one injury or illness. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary, or until one (1 ) year of continuing pay, whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers' Compensation benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Disk Management Division. SEW 535 R&F - 81 - 1999-2002 MOU SECTION 14 - SICK LEAVE C. Full Pay Beyond one 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 Inteara�. tion. 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. 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. F. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W - S)J SEW 535 R&F - 82 - 1999-2002 MOU .................... SECTION 14- SICK LEAVE C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary 14.7 Leave Without Paw. 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. 14.8 State Disability Insurance (SCSI). 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: 14.9 General Provisions. The California SDI program provides disability benefits beginning on the eighth (8) calendar day of a qualifying disability unless the employee is hospitalized. Upon hospitalization; benefits can be payable from the first day of the disability. If the disability exceeds fourteen (14) calendar days, benefits can be payable from the first day of the disability. The maximum period of state disability payments is up to one (1 ) year. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Integration means that employees will be required to use sick leave accruals to supplement the difference between the SEW 535 R&F - 83 - '1999-2007 MOU SECTION 14-- SICK LLAT 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. 14.10 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. SEW 535 R&F - 84 - '1999-2002 MOU .........:................. SECTION 14- SICK LEAVE When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or other accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Division, for assistance in resolving problems. 14.11 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 SEW 535 R&F - 85 - 1999-2002 MOU SECTION 14-- SICK LEAVE employee's schedule and that number of sick leave hours will be Charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full time employees' schedules will be converted to 8-hour/5-day weekly work schedules during the period of integration. The formula for full time employees' sick leave integration charges is shown below: L - [(S-D) = S] x 8 S - Employee Base Monthly Salary H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3] 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. 14.12 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary" field on the Cin-Line Payroll Time Reporting System used by departments for payroll reporting purposes. 14.13 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 SEIU 535 R&F - 86 - '1999-2002 MOU SECTION 94- SICK LEAVE departmental payroll staff will be coordinated by the Human Resources Department, Benefits Division. All employee SDI benefit checks received in the Human Resources Department and signed over to the County by June 30, 1994, will be deposited and used to buy back the employee's sick leave, with sick leave credits appearing on the July 10th pay warrants insofar as possible. All Employee SDI benefit checks received, but not signed over to the County, by June 30, 1994, will be returned to the employee. All employee SDI benefit checks received after June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy back will be made, regardless of the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff will be effective July 1 , 1994 for the month of July with the first computation of SDI benefits and integration with sick leave under the new program made on the August 10, 1994 pay warrants covering the July 1994 payroll period. 14.14 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one (1 ) representative from each employee organization and four (4) management representatives to review and recommend to the Director of Human Resources the feasibility of implementing a self- funded and self-administered disability insurance program. 14.15 Employee Annual Health Examination. Employees of the County who work in a Health Services Department facility will annually be required to complete a SEW 535 R&F - 87 - 1999-2002 MOU - © $ : . . . - #! © + _ • . - , . e - - e - e ' � ee ' - - ■ - ■ - - e ■ � - . » e . $ f - e . - e e , � � � � - - . . e ° . � f e - e e , e e . _ e f - ■ - , , e . _ � ee � - � e $ f - e - - e e e - - ® - e ■ � e ' , . ' f . ■ - � . e ® � .f . . - e ¥ f . - , eee ■ � . . e ■ @ - . e - f - e ^ ' ® - � - ■ e � � e - e - - e - ® e e - - � $ - 410 e , e , , e ' . - . # e ` � ® - $ , ■ » ® e , e ms , , ' „ , ■ ■ - e . , -. ' e . - - v e ■ �- � - . e - . e - e ems . . ■ � \ � $ lwe ■ _ - e . . ■ - 4 ee . e . ■ ■ e e _ ` e e . ` - e _ ® of ` $ ■ e _ f � e - � e , , � e . e ® e . - � � - e e - ® e - .e � ■ ■ 2 _ - - $ e . ■ e f , - e . _ , $ e e , of e ' e � e ■ of _ . . e , � . � .� _ e - . � e ■ ® - . ee ® ® e e - e � ee _ . , . ■ e - _ . ' t , or e - ........ .......................... SECTION 15 - CATASTROPHIC LEAVE BANK transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 Operation. 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 (F) 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 employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. SEW 535 R&F - 89 - 1999-2002 MOU v..::... ...... __.v..: _..tut . Mt .:....... SECTION 95 - CATASTROPHIC LEAVE BANK 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 (5) hours total, have applied for a medical leave of absence and have medical verification of need. D. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours per donations from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. 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. 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. SEW 535 R&F _ 90 - 1999-2002 MOU ........ ......... ......._. SECTION 15 - CATASTROPHIC 'LEAVE BANK 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. 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 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, except for hours donated to a specific employee. In the event a donation is made to a specific 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. SEW 535 R&F - 91 - 1999-2002 MOU SECTION 16 - LEAVE OF ABSENCE 1. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 - LEAVE OF ABSENCE 16.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 16.2 general Administration - Leaves of Absence. Requests for leave of absence without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1 . Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; SEW 535 R&F - 92 - 1999-2002 MOU ........................................ ....................... .._............. SECTION 15 - LEAVE OF ABSENCE 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. S. 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 (16) weeks in each calendar year period in accordance with Section 16.5 below. SEW 535 R&F - 93 - 1999-2002 MOU SECTION 96 - LEAVE OF ABSENCE 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 a leave or early return from leave shall be subject to appeal to the Duman Resources Director and not subject to appeal through the grievance procedure set forth in this MCU. 16.3 Furlough Dave Without Pay. The existing VTCB program shall be continued for the life of the contract. 16.4 Military Leave. Any employee who has permanent status and who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof, shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during mobilization under Executive Carder of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of SEW 535 R&F - 94 . 1999-2002 MOU SECTION 96 - LEAVE OF ABSENCE absence, if necessary, in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 16.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in each calendar year any employee who has permanent status shall be entitled to at least eighteen (1 g) weeks (less if so requested by the employee) leave 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 SEW 535 R&F - 95 - 7399-2002 MOU ! # 0 ``` ` N do AV 40 ` # # fi # • a • i 0 • # • +� of 00 so - • • ` # # • . ` # • ` ! • • � SECTION 96 - LEAVE OF ABSENCE requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 18.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a stepparent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. e. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or SEW 535 R&F - 97 . 1999-2002 MOU SECTION 16 - LEAVE OF ABSENCE continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law. f. Certification for Familv Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 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. SEW 535 R&F - 98 . 1999-2002 MOU ..........:................ ..... ............ SECTION 16 - LEAVE OF ABSENCE g. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to 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, supervisors), or other staffing may have changed during an employee's leave. 16.10 Pregnancy Di abilit Leave. Insofar as pregnancy disability leave is used under Section 14.3.d - Sick Leave SEIU 535 R&F - 99 . 1999-2002 MOU ! i ! • a a • a � a • i ! i • f f i ! ' i dW ! f ! f if go i f ! f f f ! ! ! ' ! • or • ! if i i ! f A ! a i • ! . f ., i f i ! OF i .............................. _....... ....... SECTION 16 - LEAVE OF ABSENCE 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 Section 14.8 — State Disability Insurance, or as provided in the sections below. B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid Sick Leave), vacation floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. 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. SEW 535 R&F - '10"1 - 1999-2002 MOU r � w a • � w � a � a � w r � � � # l IWO w IV 0 1 • • • 1i # ........ ......... .._...................... SECTION 16 - LEAVE OF ABSENCE than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 16.16 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 16.17 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave shall be without pay. Such absence may also be grounds for disciplinary action. SEW 535 R&F - 103 - 1999-2002 MOU SECTION 16 - LEAVE OF ABSENCE 16.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. 16.19 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 off requested and whether it is to be at the beginning or end of the employee's regular work day; and a clear statement as to why the employee is unable to vote during the regular hours that the polls are open. SEW 535 R&F - 104 - 1999-2002 MOU ........... _ _ _ _ SECTION 17 - JURY DUTY AND WITNESS DUTY SECTION 17 - JURY DUTY AND WITNESS DUTY 17.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. 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. When an employee is summoned for jury duty selection or is selected as a juror in a Municipal, Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. SEIU 535 R&F - 105 - 1999-2002 MOU SECTION 17- JUDY DUTY AND WITNESS DUTY b. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. 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. 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. 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. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 17.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their SEIU 535 R&F - 106 - 1999-2002 MOU ........ SECTION 18 - HEALTH AND WELFARE, LIFE & DENTAL CARE work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them (other than mileage 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 17.1 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 18 - HEALTH AND WELFARE. LIFE & DENTAL CARE 18.1 County Proarams. The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage through December 31 , 1999 to all permanent employees regularly scheduled to work twenty (20) or more hours per week. Effective January 19 2000, the County will offer Group Benefit Programs for medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty (20) hours or more per week as described in the September 30, 1999 SEIU 535 R&F - 107 - 1999-2002 MOU SECTION 18 - HEALTH AND WELFARE, LIRE & DENTAL CARE agreement (Exhibit C) between the County and the Labor Coalition. However, if a provider discontinues service to the County, the County shall immediately, upon knowledge of this potential, meet and confer regarding a replacement. 18.2 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 18.3 Medicare Rates. Corresponding Medicare rates for employees covered-under this MOU shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the option'selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one (1 ) enrollee; for Employee and Dependent(s) with one (1 ) member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one (1 ) enrollee; for Employee and Dependent(s) with two (2) 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 (2) enrollees. 18.4 Partial Month. The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the SE1U 535 R&F - 108 - 1999-2002 MOU ................................... SECTION 18 - HEALTH AND WELFARE, LIFE & DENTAL CARE premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus covered by the health plan for the month in which compensation is paid. 18.5 Coverage During Absences. An employee on approved leave of absence 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 time and place 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. SEIU 535 R&F - 109 - 1999-2002 MOU SECTION 98 - HEALTH AND WELFARE, LIFE & DENTAL CARE 18.6 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Flans 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 membership from the County plan through the medical plan carrier, if available. 18.7 deferred Retirement. Effective January 1 , 1997, 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 SEW 535 R&F - 110 - 1999-2002 MOU SECTION 18 - HEALTH AND WELFARE, LIRE & DENTAL CARE 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. 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 SEIU 535 R&F - 111 - 1999-2002 MOU SECTION 18 - HEALTH AND WELFARE, LIFE & DENTAL CARE occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four (24) months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 18.8 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. 18.9 Health Care Spending Account. The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, SEW 535 R&F - 112 - 1999-2002 MOU SECTION 18 - HEALTH AND WELFARE, LIFE & DENTAL CARE 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. Effective January 1 , 2000, this amount shall be increased from $2400 to $3000 per year. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance cannot be recovered by the employee. 18.10 Wellness Incentive Proaram. A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee. The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely with the Human Resources Department on program design and implementation. 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 participating in their established wellness activities. Special emphasis will be placed on supporting major programs such as Smoking Cessation, Nutrition/Weight Loss, SEIU 535 R&F - 113 - 1999-2002 MOU SECTION 18 - HEALTH AND WELFARE, LIFE & DENTAL CARE 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. D. Referral. The parties agree to refer the Wellness Incentive Program to the Wellness Committee for its consideration. 18.11 Child Care. The County will continue to support the concept of nor -profit child care facilities similar to the "Kids at Work" program established in the Public Works Department. 18.12 Confidentiality of Information/Records. Any use of employee medical records will be governed by the SEW 535 R&F - 114 - 1999-20012 MOU SECTION 19 - PROBATIONARY PERIOD Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). 13.13 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 19 - PROBATIONARY PERIOD 19.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be from 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. 19.2 Classes With Probation Periods Over Six/ Nine Months. Listed below are those classes represented by the Union which have probation periods in excess of nine (9) months for original entrance appointments and six (6) months for promotional appointments: None. SEW 535 R&F - 115 - 1999-2002 MOU SECTION 19 - PROBATIONARY PERIOD 19.3 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 19.4 Criteria. The probationary period shall 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 nine (9) months 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 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. 19.5 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based SEW 535 R&F - 116 - '1999-2002 MOU SECTION 19 - PROBATIONARY PERIOD 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 A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. SEW 535 R&F - 117 - 1999-2002 MOU ................................................................................................................................................................................................................................................................................................................ SECTION 19 - PROBATIONARY PERIOD 19.6 Regul�p►aointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MCU, 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 MCU, 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 SEW 535 R&F - 118 - 1999-2002 MMU SECTION 19 - PROBATIONARY PERIOD in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 19.7 Lavoff Curing 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. SEW 535 R&F - 119 - 1999-2002 MOU SECTION 20 - PROMOTION 19.8 Refection Curing Probation of Lam Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 20 .. PROMOTION 20.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MOU. 20.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 20.8 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. SEW 535 R&F - 120 - 1999-2002 MOU SECTION 20 - PROMOTION 20.4 Promotion via Reclassification without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1 ) year. 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. 20.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met SEW 535 R&F - 121 - 1999-2002 MOU .....__..................................................................................................... SECTION 20 - PROMOTION on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 20.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 20.7 Promotional Employment List-Rule of Five. On each request for personnel from a promotional employment list for a class, five (5) names shall be certified. If more than one (1 ) position is to be filled in such class in a department at the same time and from the same request for personnel, the number of names to be certified from such promotional appointment list shall be equal to the number of positions to be filled plus four (4). 20.8 Physical Examination. County employees who are required as part of the promotional examination process to SEW 535 R&F - 122 - 1999-2002 MOU SECTION 21 - TRANSFER take a physical examination shall do so on County time at County expense. SECTION 21 - TRANSFER 21 .1 Requirements. The following conditions are required in order to qualify for transfer: a. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; b. the employee shall have permanent status in the merit system and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d. the employee concerned shall have indicated agreement to the change in writing; 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. SEW 535 R&F - 123 - 1999-2002 MOU - _................................................................................... SECTION 21 - TRANSFER 21 .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 jab 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 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. SEW 535 R&f= - 124 - 1999-2002 MOU SECTION 22 - RESIGNATIONS 21 .3 Procedure. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefore. The Director of Human Resources shall, if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. SECTION 22 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. ural resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 22.1 Resignation in Good Standing_. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period, up to four (4) weeks, for a specific reason, or consents to the employee's terminating on shorter notice) is a resignation in goad standing. 22.2 Constructive Resignation. A constructive resignation occurs and is effective when: SEW 535 R&F - 125 - 1999-2002 MOU SECTION 22 - RESIGNATIONS 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. 22.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 22.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority, 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. 22.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall SEW 535 R&F - 126 - 1999-2002 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24 — Grievance Procedure of the MOU beginning with Step C. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 23 - DISMISSAL, SUSPENSION &_DEMOTION 23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend or demote any employee for cause. The following are sufficient causes for such action; SEW 535 R&F - 127 - 1999-2002 MOU .. ............................................................................................ . ......... . ............ .. .. . ...................................................................................................................................................... SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those specifically mentioned. a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system into disrepute, d. disorderly 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 L 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 dead, SEW 535 R&F - 128 - 1999-2002 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION 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, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOO, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness. q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days, or SEW 535 R&F - 129 - '1999-2002 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION 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, 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. Em Iooyee 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 Inst. SEW 535 R&F - 130 - 1999-2002 MOU SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION 23.3 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. 23.4 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 23.5 Procedure on Dismissal, Suspension or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee having permanent status in a position in the merit system, after having complied with the Provisions of Section 23.2, 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. SEW 535 R&F - 131 - 1999-2002 MOU --- ........................................................................................................................................................................................................................................................................................................................... SECTION 24 - GRIEVANCE PROCEDURE 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 24 - Grievance Procedure of this MOU provided that such appeal is filed in writing with the Human Resources Director within ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 24 of this MOU. 23.6 Employee Representation Rights. The County recognizes an employee's right to representation during any disciplinary interview or meeting which may result in discipline. The County will not interfere with the representative's right to assist an employee to clarify the facts during the interview. SECTION 24 - GRIEVANCE PROCEDURE 24.1 Definition and Procedural Stegs. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any state of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: SEW 535 R&F - 132 - 1999-2002 MOU SECTION 24 - GRIEVANCE PROCEDURE a. Step 1. Any employee or group of employees who believe 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. If the issue is not resolved, the procedures hereinafter may be invoked. b. Ster) 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress the grievant seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. 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 SEW 535 R&F - 133 - 1999-2002 MOU SECTION 24 - GRIEVANCE PROCEDURE 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 (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 the SEIU 535 R&F - 134 - 1999-2002 MOU SECTION 24 - GRIEVANCE PROCEDURE grievance will move to arbitration upon demand. This step of the grievance procedure may be waived by the written mutual agreement of the parties. 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. 24.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. SEW 535 R&F - 135 - 1999-2002 MOU SECTION 24 - GRIEVANCE PROCEDURE 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 24.1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Subsection 24.1 .0 above, or the Adjustment Board in pursuance of the provisions of Subsection 24.1 .D above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. B. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment SEW 535 R&F - 136 - 1999-2002 MOM SECTION 24 - +GRIEVANCE PROCEDURE Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union or Association. 24.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 24.4 Compensation Complaints.ints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than two (2) years from the date upon which the complaint was filed. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. SEW 535 R&F - 137 - 1999-2002 MOU SECTION 24 - GRIEVANCE PROCEDURE 24.5 No Strike. 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. 24.5 Merit Board. A. All grievances of employees in representation units represented by the Union shall be processed under Section 24 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Paragraph C, D and E of Subsection 24.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. SEW 535 R&F - 138 - 1999-2002 MOU SECTION 25 - BILINGUAL PROVISIONS 24.7 Filing 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. 24.8 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 25 - BILINGUAL PROVISIONS 25.1 Salary Differential. A salary differential of seventy dollars ($70) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources, or in the Department of Employment & Human Services, to those who translate in accordance with the designated criteria of one (1 ) day per week or twenty percent (20%) of the time or Whose caseloads are twenty-five percent (25%) or more non- English speaking. Said differential shall be prorated for employees working less than full time and/or who are on an unpaid leave of absence for a portion of any given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. Effective October 1 , 2000 the current program differential shall be increased to a total of seventy five dollars ($75) per month. Effective October 1 , 2001 , the differential shall be increased to a total of eighty dollars ($80) per month. SEW 535 R&F - 139 - "1999-2002 MOU SECTION 26 - RETIREMENT CONTRIBUTION 25.2 Sganish Notices of Action. The County shall implement Spanish Notices of Action. 25.3 Non-English Speaking Caseloads. For those employees with twenty-five (25%) or more non-English speaking caseloads, their caseload shall be reduced by ten percent (10%). SECTION 26 - RETIREMENT CONTRIBUTION 25.1 Contribution. Pursuant to Government Code Section 31581 .1 , the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share. The County will pay the remaining one-half (Y2) of the retirement cost-of-living program contribution. 25.2 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: SEW 535 R&F - 140 - 1999-2002 MOU SECTION 26 - RETIREMENT CONTRIBUTION 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 referred to as Labor 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 11 who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable SEW 535 R&F - 141 - 1999-2002 MOU SECTION 26 - RETIREMENT CONTRIBUTION 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 11 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 casts attributable to the creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general SEW 535 R&F - 142 - 1999-2002 MOU SECTION 26 - RETIREMENT CONTRIBUTION wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and, 3. in the event the County's costs attributable to the Tier III Retirement Plan are less than $3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and, 4. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier 111; and 5. County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor SEW 535 R&F - 143 - 1999-2002 MOU ............. SECTION 26 - RETIREMENT CONTRIBUTION Coalition on a) the beginning account balance, b) the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier 111 Retirement Plan, and d) the ending account balance. b. Any increased costs to the County, due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. c. Subject to the provisions expressed above, any and all additional employer and County- paid employee contributions which exceed the sum of the County's legally required contributions under Tier 11 shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. 6. a. The enabling legislation shall provide that the Tier 111 Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. SEW 535 R&F - 144 - 1999-2002 MOU SECTION 26 - RETIREMENT CONTRIBUTION b. Board of Supervisors' action to implement the Tier III Retirement Plar, shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (80) 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 111 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 R&F - 145 - 1999-2002 MOU SECTION 27- TRAINING REIMBURSEMENT SECTION 27 - TRAINING REIMBURSEMENT The Department of Employment & Human Services shall establish an annually renewable training reimbursement fund in the amount of $10,000 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. In the Department of Employment & Human Services said fund shall replace the career development training reimbursement described in the County Administrative Bulletin on Training. Career development training reimbursement for employees in the Health Services Department shall continue to be governed by the County Administrative Bulletin on Training which limits such reimbursement to six hundred fifty dollars ($650) per year. Registration and tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee's net cost. Books necessary for courses taken for career development education may be reimbursed for up to one hundred percent (100%) of the employee's net cost. Those employees entering the Social Casework Assistant classification by the substitution pattern in the minimum qualifications shall be entitled to direct benefit tuition reimbursement under the County training reimbursement policy. Such employees requesting a leave of absence or permanent part-time positions for the purpose of completing a bachelor's degree shall be given priority consideration by SEW 535 RBF - 146 - 1999-2002 MOU SECTION 28 - MILEAGE the Department. Reimbursement under the above limits for the cost of books for career development shall be allowable. ECTION 28 - MILEAGE 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 first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. SECTION 29 - 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. SEW 535 R&F - 147 - 9999-2002 MOU SECTION 30 - MENTAL HEALTH SCREENING DIFFERENTIAL SECTION 30 MENTAL HEALTH SCREENING DIFFERENTIAL Employees represented by Social Services Union, Local 535 who work in the Mental Health Screening Unit of County Medical Services shall receive a differential per hour worked at a premium of five percent (5%) of the hourly equivalent of the base rate; provided, however, that in the event the conditions in Mental Health Screening are improved so that hazardous conditions no longer exist, such differential will no longer be applicable. SECTION 31-- CONSERVATORSHIP DIFFERENTIAL The County agrees that any employee in a classification represented by Local 535 who is assigned to a position, the work function of which is in the Conservatorship Program of the Department of Employment & Human Services, and the work assignment of which requires direct personal working contact on a regular daily basis with court-remanded clientele of the Conservatorship Program, as specified in Division 5, Part 1, Chapter 3 of the Welfare & Institutions Code, shall receive a differential per hour worked at a premium of five percent (5%) of the hourly equivalent of the base rate while in pay status including paid vacation, paid sick leave, and paid holidays. SEW 535 R&F - 148 - 1999-2002 MOU SECTION 32 - NOTICE OF NEW EMPLOYEES 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 designation of permanent employment category of new employees appointed to classifications represented by Local 535. Said periodic list will be mailed within the first five (5) working days of every month. SECTION 33 - PERSONNEL ACTIONS 33.1 Personnel Files. A. 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. B. Documentation in the personnel file relating to the investigation of a possible criminal offense, medical records and information or letters of reference shall be specifically excluded from such inspection and review. C. Preemployment reference material shall be removed from the personnel file after one (1 ) year of continuous employment with the County. SEW 535 R&F - 149 - 1999-2002 MOU SECTION 33 - PERSONNEL ACTIONS D. 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. E. An employee may request copies of other material contained in the personnel file. F. The employee shall bear the cost of the reproduction of copies. G. The County shall afford the employee the opportunity to respond in writing to any information contained in their personnel file. Such response shall be included in the employee's personnel file. H. The Department shall maintain only one official personnel file 33.2 Counseling. A. whenever an employee's job performance and/or conduct becomes less than satisfactory, counseling shall be provided by the employee's first level 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. SEIU 535 R&F - 150 - 1999-2002 MOU SECTION 33 - PERSONNEL ACTIONS B. 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. C. The employee's first level supervisor shall prepare written documentation (including any applicable memos, WIDSI's, etc.) of such counseling and provide a copy of the documentation to the employee. D. The foregoing shall not apply to probationary employees or in those cases where immediate disciplinary action is necessary. E. 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. 33.3 Copies. A. The County shall provide the employee with copies of all performance evaluation reports and letters of reprimand or warning or counseling memos prior to the placement of such documents in the employee's departmental personnel file. SEW 535 R&F - 151 - 1999-2002 MOU _. - ........................................................................................................................................................................................................................................................................................................................... SECTION 33 - PERSONNEL ACTIONS 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. 33.4 Performance Evaluation. 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 she/he stands with the organization in regard to his/her performance. It delineates areas of strengths and SEW 535 R&F - 152 - '1999-2002 MOU SECTION 33 - PERSONNEL ACTIONS weaknesses. Where performance is below standard, it suggests possible ways of making improvement. 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. 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 four (4) months have elapsed since the last written evaluation. In the event a permanent employee receives an overall rating of BELOW 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 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. SEW 535 R&F - 153 - 1999-2002 MOU SECTION 33 - PERSONNEL ACTIONS 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. 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. DEFINITIONS OF RATINGS: A factor rating of STANDARD means that this part of the employee's work performance is consistently up to the level expected of a competent worker in the position. An overall rating of STANDARD means that the emp►loyee's work performance is acceptable and will result, where pertinent, 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 SEW 535 R&F - 154 - 1999-2002 MOU SECTION 33 - PERSONNEL ACTIONS 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. 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) beep 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 comments and to respond in 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. SEW 535 R&F - 155 - 1999-2002 MOU SECTION 34 - SAFETY PROGRAM SECTION 34 - 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 Department of Employment & Human Services 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. In the event that the appointed person is not available to chair the meeting on the scheduled date, an alternative chair will be appointed by the Personnel Officer or the meeting will be rescheduled within three (3) weeks unless mutually waived by the Union and the Department. Minutes of each meeting shall be recorded and distributed to each committee member. b. All Committee members will receive training on a) accident/injury reporting procedures, b) accident/injury investigation and prevention, c) SEW 535 R&F - 156 - 1999-2002 MOU SECTION 35 - FLEXIBLE STAFFING safety awareness, and d) procedures by which safety concerns are handled. C. Committee recommendations shall be reported to and reviewed by the Department Head. Responses to such recommendations shall be communicated to the Safety Committee at its next regularly scheduled meeting or some other mutually agreeable period. SECTION 35 - FLEXIBLE STAFFING 35.1 Designated Positions. 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: Social Casework Specialist I to Social Casework Specialist li Eligibility Worker I to Eligibility Worker Il Eligibility Worker II to Eligibility Work Specialist Open examinations at either level in the above mentioned classifications shall be administered upon the request of the SEW 535 R&F - 157 - '1999-2002 MOU SECTION 35 - FLEXIBLE STAFFING Department Head and approval of the Director of Human Resources. 35.2 Continuous Testing for Flexibiv 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: 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 employee's responsibility to submit applications for promotion sufficiently in advance to assure receipt in the Human Resources office SEW 535 R&F - 158 - 1999-2002 MIOU SECTION 36 . CAREER LADDER 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 list 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. -SECTION 36 - CAREER LADDER The County agrees to the concept of a career ladder which will enhance the opportunities for employees to attain positions in other classification series. For this purpose, the following classes are considered to be those classes representing such promotional opportunities: Eligibility Work Specialist, Social Service Program Assistant, Social Casework Assistant. The County shall amend the Welfare Fraud Classification as follows: a. By reclassifying Social Service Welfare Fraud Investigators doing Early Fraud to "Social Service Welfare Fraud Field Investigators." SEW 535 R&i` - 159 - 1999-2002 MOU SECTION 37 - STAFFING ALLOCATIONS &C WORKLOAD DISTRIBUTION b. Welfare Fraud Field Investigators shall have the option of carrying pepper spray. C. Social Service Welfare Fraud Investigators shall receive the same rate of pay as Social Service Welfare Fraud Field Investigators. SECTION 37 - STAFFING ALLOCATIONS & WORKLOAD DISTRIBUTION 37.1 Quarterly Review. The Department of Employment & Human Services shall review the amount and nature of work in its operating units on a quarterly basis and shall initiate reassignments of employees necessary to balance the number of available employees in each classification with the existing and expected amount and nature of work in operating units throughout the Department. The process to be used in determining work assignment and volume shall be to balance the existing amount of work among existing staff, in accordance with applicable sections of this MOU. 37.2 Department/Union Monthly Meeting. There shall be a meeting between the Department of Employment & Human Services and the Union every month to review and discuss the existing amount and nature of work; to share information and ideas on workload issues throughout the Department; and to discuss long-range planning concerning Department programs and implementation. The meeting will be chaired by the Director or his/her designee. SEW 535 R&F - 160 - 1999-2002 MOU SECTION 37- STAFFING ALLOCATIONS +& WORKLOAD DISTRIBUTION 37.3 Labor-Management Team. The expended Labor- Management Team, consisting of designees from all represented employee organizations in the Department of Employment & Human Services, and management staff appointed by the Director, shall continue through the end of this current agreement, and may continue thereafter if mutually agreed by the parties. The process, as outlined herein, and as outlined in the 1993 Pilot Agreement, shall also continue. Matters concerning increases or decreases in the relative level of work assigned to employees covered by this agreement shall be brought for consideration to the Labor- Management Teem, after first being addressed in the respective Program Committee(s), if applicable. The Labor- Management Team will review the matter at the next scheduled meeting and will endeavor to reach consensus and make a determination by its next regularly scheduled meeting. If the committee is unable to reach a consensus as to a proposed workload adjustment, the matter will be referred to the Director for decision. The Union may then request a special meeting with the Director to be held within seven (7) working days of the lest workload meeting in order to directly provide input related to a workload adjustment. The currently implemented Work Group Reports shall continue unless modified by consensus of the Labor- Management Team. Either party may request a discussion on modifications or elimination of the Work Group Reports no earlier than three months after the signing of this agreement. SEW 535 R&F - 161 - 1999-2002 MOU -..... ......................... SECTION 37 - STAFFING ALLOCATIONS & WORKLOAD) DISTRIBUTION 37.4 Program Commi#tees. It will be the ongoing expectation and process that program specific issues shall in most cases be first addressed in a timely manner in the respective Program Committee(s) before becoming a topic for discussion in the Labor-Management Team. Topics for discussion in Program Committees include potential program/regulation changes, information regarding new procedures, forms, and other factors or changes in procedures which may have an impact on workload. Any items declined by the Program Committee for discussion/action will be listed in the minutes. Program Committees shall meet monthly, unless a meeting is waived by the Director or his/her designee, and written minutes shall be furnished to the Labor-Management Team members on a timely basis. Such minutes should clearly identify issues and program committee actions. If the minutes do not reflect a resolution or response to pending issues within the time frames for response, the Anion may specifically request an immediate written response from the appropriate Bureau Director. Program Committees will work within the appropriate chain of command in managing committee work and agendas expeditiously. If the Program Committee does not reach resolution acceptable to the parties within forty-five (45) days, the appropriate Assistant Director shall have twenty (20) days to resolve the matter. Such resolution shall be transmitted to the Committee and Union in writing. Failing resolution, either party may submit such matters to the Labor-Management Team. SEW 535 R&F - 162 - 1999-2002 MOU SECTION 37 - STAFFING ALLOCATIONS & WORKLOAD DISTRIBUTION 37.5 Meeting Minutes. Summary minutes shall be kept for each Program Committee and Labor-Management Team meeting and shall be distributed to all committee members prior to the next meeting. These minutes shall be posted in each Department of Employment & Human Services building by the Department. 37.6 Workload Streamlining. The Union shall quarterly identify functions, procedures, and processes which it believes are unnecessary, and that should be discontinued as a means of streamlining workload. If the items identified are County mandated only, the Department has sixty (60) days to respond by discontinuing If the items identified are County mandated only, the Department has sixty (60) days to respond by discontinuing the process or provide the reasoning for continuing them. If the items identified are State or Federally mandated, and the Department considers it feasible that they be discontinued, the Department will request appropriate waivers. If the Department does not believe the change or a waiver is feasible, it will provide the reasoning for continuing. Upon receipt of the requested waiver approvals, the process shall be discontinued. 37.7 Maintenance of Positions. The Department of Employment & Human Services will make all reasonable efforts to keep filled all budgeted and authorized positions and to the extent possible, will attempt to maximize the use of permanent employees. SEW 535 R&1= - 163 - 1999-2002 MOU SECTION 38 - STAFFING ALLOCATIONS & REASSIGNMENTS SECTION 38 - STAFFING ALLOCATIONS & REASSIGNMENTS On the basis of the monthly staffing/workload distribution review, per Section 37 — Staffing Allocations & workload Distribution, the Department shall initiate reassignments of staff. The following procedure shall be used: a. Internal moves within a building shall be made at the discretion of the Division Head within five (5) days following publication and Union receipt of Department staff and caseload allocations. In determining moves of employees within an office, managers will solicit volunteers; if no volunteers respond, the employee with the least series seniority within the unit/area identified will be moved. b. Authorized staffing levels shall be published on a monthly basis. After any internal moves in a building have been made in accordance with Step a, further vacant authorized positions in buildings shall be alternately bid to the appropriate class in all offices for a four-day period or certed from the appropriate Eligible List. C. Employees responding to bids shall respond to the Department Personnel Unit, and must confirm any verbal response in writing; written confirmation SEW 535 R&F - 164 - 1999-2002 MOU SECTION 38 - STAFFING ALLOCATIONS & REASSIGNMENTS must be received by 5:00 p.m. on the day the bid closes for the employee to be considered in determining the five (5) most senior employees in the class. d. With respect to responding to bids for the Welfare Fraud Investigator class or Welfare Fraud Field Investigator class, the bidding will be restricted to employees in one of the two above classes. e. If the Department is at authorized staffing and there are no responses to the posted bid notice, the least senior employee within the class, within the building having staff overage(s) of at least one (1 ) FTE shall be reassigned within two (2) weeks of the closing of the bid. If the Department is below the authorized staffing level and there are no responses to the posted bid notice, the Department will cert from the appropriate Eligible List. f. Authorized vacancies resulting from the bid process shall automatically be certed from an appropriate eligible list. g. Persons involuntarily reassigned shall be given the opportunity to return to their former building when the first vacancy occurs in the building from which the employee was involuntarily transferred provided however, if an employee voluntarily transfers after such involuntary transfer that employee shall lose such reversionary rights. SEW 535 R&F - 165 - 1999-2002 MOU SECTION 38 - STAFFING ALLOCATIONS & REASSIGNMENTS h. 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 interviews or for mandatory reassignments as provided in this section. I. Specially funded assignments or assignments of limited duration shall not be subject to procedures in this Section. j. Reassignments shall not be used as a replacement for discipline. Employees on probation or in an Improvement Needed Review status shall not be reassigned. An employee who is reassigned out-of- seniority-order shall be offered the first vacancy to be filled in the class and building from which the employee was mandatorily reassigned. At the next quarterly staffing review an employee mandatorily reassigned out-of-seniority-order shall be given first opportunity for reassignment as provided in Section 37.2 — Department/Union Monthly Meeting or Section 37.3 — Labor/Management Team, whichever is applicable; or if no staffing imbalances exist, the most senior employee shall be offered the opportunity to exchange positions provided the least senior employee is no longer on probation or Improvement Needed review status. SEW 535 R&F - 166 - 1999-2002 MOU SECTION 39 - REIMBURSEMENT FOR MEAL EXPENSES k. In each classification, series seniority for reassignment purposes shall be determined by date of hire into that series as defined below: Eliai, ability Series: Eligibility Worker 1, Eligibility Worker 11, Eligibility Work Specialist. Social Work Series: Social Program Assistant, Social Worker II, Social Worker 111, Vocational Counselor (classes which have been abandoned but were a part of the Social Worker or Vocational Counselor series shall be included for the purpose of determining series seniority). Casework Specialist Series: Social Casework Assistant, Social Casework Specialist I, Social Casework Specialist II. Welfare Fraud Field Investiaator Series: Social Service Welfare Fraud Field Investigator and Social Service Senior Welfare Fraud Field Investigator. 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. SEW 535 R&F - 167 - 1999-2002 MOU SECTION 39- REIMBURSEMENT FOR MEAL EXPENSES 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 req ired to stay over to attend consecutive or cont nuing afternoon and night sessions of a board or ommission. d. When the employee is requi ed to incur expenses as host for official guests o the County, work as members of examining boar s, official visitors, and speakers or honored guest at banquets or other official functions. e. When the employee is requi d to work three (3) or more hours of overtime; in this case he or she may be reimbursed in accordana with Administrative Bulletin on expense reimbu ement. Meal costs will be reimbursed only hen eaten away from home or away from the facility in the case of employee's at twenty-four (24) hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense eimbursement. i i SEW 535 R&F - 168 - 1999-2002 MOU SECTION 40- PERSONAL PROPERTY 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. 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. SEW 535 R&F - 169 - 1999-2002 MOU ......... ......... ......... ......... __ --_._ - - SECTION 41 - LENGTH OF SERVICE DEFINITION(for service awards and vacation accruals) 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 aggruals The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in his/her department. SEW 535 R&F - 170 - 1999-2002 MOU . . ~� ■ , � . 2 � � . , - , $ , . - � � � ■ . - � . - � _ $ � � e e - ■ � � ■ . e e - e e . ` f » f \ems e _ _ $ e ® . . . $ � � � - ■ - $ � � - � $ � $ � � e ■ ee f e ' woo - - - ■ ® � f � e � f e � \ � � e , e e^ < $ 2 � . ■ . � � f � ■ $ - f # a $ tee f & ■ , $ e � ■ ® � < ■ ■ - � * . � ; � - - � � � � # ` - � ® # - � � $ ■ � $ f $ � . f ® � � _ ® ® e � f � � � ■_ . . , . . » ® � . . . � e f � � � : �e � - � �- - � � e ' f . e ■ - � e � ' \ f & e : $ ■ ` . $ - . $ � $ # . � e �elot - , e ® - _ e e , f e $ e _ ■ f f e , a , e � _ � � � # ■ � � e e - f , � ■ - , , � , , � � � fe e _ - � f ■ , ■ e _ _ ; all 6140 . ® $ < - � � dP eZ w w , : ■ - » , $ - _ e � . � < . _ f e � � - � � . e f ■e e � e e � � _ - . ■ e e � e � � . � e . » � f , ■ t - � ~ $ ' , e � � � - - � e ■ . - - � e � . � - » r e � � . � � . . $ ` , $ . � - eqvp . . - z � � � ' ! • „ . ■ SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 45 - PERMANENT-INTERMITTENT HEALTH PLAN 45.1 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. 45.2 Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent (54%) of the cost of the premium for a single individual, to those permanent-intermittent employees who meet and maintain eligibility. SEW 535 R&F - 172 - 1999-2002 MOU SECTION 45- PERMANENT-INTERMITTENT HEALTH PLAN b. Eli ibility. initial eligibility shall be achieved when an employee has worked three (3) continuous months of service at an average of fifty percent (50%) time per month. In order to maintain eligibility, a permanent-intermittent employee must remain in paid status during each successive month. C. Pry-Pay. Employees who have achieved eligibility under the terms of 45.2b will pre-pay the employee's portion of the premium cost so that the effective date of enrollment begins effective the first of the month of eligibility. Employees must continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition, employees who meet the eligibility requirements and who have been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at.their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in e. above for payment for this optional coverage. e. Implementation. There shall be a sixty (50) day Open Enrollment period with the initial date of coverage effective August 1 , 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001 . Permanent-intermittent employees who are not SEW 535 R&F - 173 - 1999-2002 MOU SECTION 46- PROVISIONAL EMPLOYEE BENEFITS currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty {30} days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. Nothing in Section 45.2 shall prevent an employee from electing health coverage under either Section 45.1 or Section 45.2 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 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. SEW 535 R&F - 174 - 1999-2002 MMU SECTION 47- INDEMNIFICATION & DEFENSE OF COUNTY EMPLOYEES SECTION 47 - INDEMNIFICATION & DEFENSE COUNTY EMPLOYEES The County shall defend and,i.ndemnify 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 percent (10%) requirement for an employee organization intervening in the unit determination process and substitute therefore a thirty percent (30%) requirement. Section 34-12.013 - Election Procedure (b) shall be modified in the first paragraph to delete the ten percent (10%) requirement for any recognized employee organization(s) to appear on the ballot and substitute therefore a thirty percent (30%) requirement. 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 SEIU 535 R&F - 175 - 1999-2002 MOU -.. SECTION 49- UNFAIR LABOR PRACTICE 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 Jn 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 - UNFA R LABOR PRACTICE Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor's Resolution 8111165 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. 49.1 Fili Either the County or the Union may file an unfair labor practice against the other. Allegations of an unfair labor practice, if not resolved in discussions between SEW 535 R&F - 176 - 1999-2002 MOU SECTION 49- UNFAIR LABOR PRACTICE the parties, may be heard by a mutually agreed upon impartial third party. 49.2 Unfair Labor Practice - County. It is an unfair labor practice for the County to: a. Interfere with, restrain or coerce employees in the exercise of the rights 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; SEW 535 R&F - 177 - 1999-2002 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES b. coerce, attempt to coerce or discipline any member of an organization so as to hinder or impede the performance of his duties; C. discriminate against any employee with regard to the terms or conditions of membership because of race, color, creed, sex or national origin; 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. SECTION 50 - --REPRESENTATION OF TEMPORARY EMPLOYEES 50.1 Recoanition. Social Services Union, Local 535 is the formally recognized employee organization for temporary employees, not including emergency appointments and retiree temporary appointments, who are employed by Contra Costa County in those classifications covered by the MOU between Social Services Union, Local 535 and Contra Costa County. 50.2 Emerg r gy A jaoin menu. Emergency appointments as defined in Section 809 of the Personnel SEW 535 R&F - 178 - 1999-2002 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES Management Regulations, and retiree temporary appointments as provided for in Government Code, Section 31680.2, are not covered by this MOU. 50.3 Agency Shop,. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be Lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: SEW 535 R&F - 179 - 1999-2002 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES 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 to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payor covered by this MOU within one (1 ) month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by a fee payor to involve the Union's Hudson Procedure within one month (1 ) after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. SEW 535 R&F - 180 - 1990-2002 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES 50.4 A eenngy Shop Deductions. A. Temporary employees hired into a job class represented by Social Services Union, Local 535 shall be provided through the County Human Resources Department with an Employee Authorization For Payroll Deduction card. B. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision, and the Union dues, agency shop fee, or charitable contribution required under Section 2 of this Letter of Understanding are not received, the Union may in writing direct that the County withhold the agency shop fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. C. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Agency Shop Section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's attorney fees and costs. The provisions of this section shall not be subject to the grievance procedure. D. The authorization of payroll deductions requires the employee to agree to hold the County harmless SEW 535 R&F - 181 - 1999-2002 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES from all Maims, demands, suits or other forms of liability that may arise against the County for or on account of any deduction made from the wages of such employee. 50.5 `ala . A. Temp raQt_,Hourly Rates. For all classifications represented by the Union, the hourly rate paid temporary employees shall be the 1 .00 hourly rate calculated on the salary schedule by dividing the unrounded monthly salary at any step by 173.33. B. New Employes.. Except as otherwise permitted in deep class resolutions, temporary employees shall generally be appointed at the minimum step of the salary range established for the particular class to which the appointment is made. However, the Director of Human Resources may authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. 50.6 Salary Increments within flange. A. Increment Eligibility_ and Salary Review. All temporary employees shall accumulate a record of straight time hours worked for the purpose of a salary review to determine whether the employee shall be advanced to the next higher step, or other step as specified by deep class resolutions, in the SEW 535 R&F - 182 - 1999-2002 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES salary range for the classification. Advancement to a higher step shall be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend granting the salary increment or unconditional denial of the increment. B. Frequency of Increments. Increments within range shall not be granted more frequently than once per every 2080 straight time hours worked by a temporary employee. C. Effective Date. Step increases resulting from an approved salary review shall be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Duman Resources Department. E. New Employees. Temporary employees hired at Step 1 of the salary range for their classification will be eligible for a salary review after completion of 1040 straight time hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours. F. No provision of this section shall be construed to make the granting of salary increments mandatary in the County. SEIU 535 R&F - 183 - 1999-2002 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES 50.7 Paid Time tiff. A. Temporary employees shall accumulate a record of straight time hours worked. B. Based upon the accumulation of straight time hours recorded effective the first of the month following completion of each 2080 straight time hours worked, the temporary employee shall be credited with forty (40) hours of paid time off. Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. C. Use. Paid time off (PTO) shall not be taken until credited after completion of 2080 straight time hours worked. PTO shall be taken by an employee only with the approval of his/her supervisor. D. Paid Off at Separation. If a temporary employee terminates his/her County employment (separates from County service), the employee shall be paid all currently credited PTO hours and, in addition, shall be paid off for that portion of PTO hours earned but not yet credited on the basis of that portion of the 2080 straight time hours worked (STHw) cumulation. The formula for the earned but not credited payoff is: STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at separation. SEW 535 R&F - 184 - 1999-2002 Mou SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES E. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent position, the credited PTO hours and the earned but not yet credited. PTO hours, shall be converted to Vacation hours and subject to the MOU provision relating to vacation. F. Health Benefits for Temporary.. Employees. Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to temporary employees: 1 . Program. The County shall offer CCHP Plan A- 2 at the subvention rate of fifty percent (50%) of the cost of the premium for a single individual, to those temporary employees who meet and maintain eligibility. 2. Eli ibilit Initial eligibility shall be achieved when an employee has worked three (3) continuous months of service at an average of fifty percent (50%) time per month. In order to maintain eligibility, a temporary employee must remain in paid status a minimum of forty (40) hours during each successive month and maintain an average of fifty percent (50%) time year-to-date from the date of eligibility. 3. Pre-Pa . Employees who have achieved eligibility under the terms of D.2 will pre-pay SEW 535 R&F - 185 - 1999-2002 MOU SECTION 50- REPRESENTATION OF TEMPORARY EMPLOYEES the employee's portion of the premium cost so that the effective date of enrollment begins effective the first of the month of eligibility. Employees must continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition, temporary employees who meet the eligibility requirements and who have been voluntarily paying for a County group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. 4. Familx Covorage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in 3. above for payment for this optional coverage. 5. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective August 1 , 2000. Subsequent open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001 . Temporary employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. SEW 535 R&F - 186 - 1999-2002 MOU ii • i i i i . . i i . # i . ! # ' ' . iii ' • i i i i i " i • i . . i • i lw i i 'R i i ♦ • i i fi ! i i • i i • • i i ' i • f i ' w _ 0 i • i . i • w . i ' i ! i . ,. i ' i • * • ii . • i i .. w i i w w w - 0 i w i — 9 w — 0 - i i , i i ` i ' ' ! i i i • i i • • ! . 00 i . i . i • M ` or ` 00 • i i . • i w i R f 00 . ' i i i • # ! w ' iw .. .. • i • ! f i ` i Ri . iii i ii i i i i . ! i " " i ' i • . f i f i i i w . ii i i i ii i ! wwi i ' . f i ! i . iii ' i i ' " . - ■► • f i f ii i "' i i i ' i i fi i i ' "" i . i ' . iw ii i i . i i i i i . . * i i ` i i i f t t SECTION 51 - DEPENDENT CARE 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. 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. SECTION 51 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 SEW 535 R&F - 188 - 1999-2002 MOU SECTION 52 - SPECIAL STUDIES & OTHER ACTIONS approved dependent care; only eligible employees may contribute for such expenses; there is no County contribution for dependent care. Reimbursements are made on a monthly basis subject to submission of itemized statements, adequate accumulation of the salary contribution, proof of payment, and applicable County administrative procedures. SECTION 52 - SPECIAL STUDIES &. OTHER ACTIONS 52. 1 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. 52.2 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. 52.3 Job Sharing and Part-Time Job Opportunities. The Employment and Human Services Department SEW 535 R&F - 189 - 1999-2002 MOU SECTION 52• SPECIAL STUDIES & OTHER ACTIONS and the Union agree to establish a Labor/Management Committee comprised of a maximum of three (3) representatives of Labor and three (3) representatives from Management to study and recommend actions necessary to identify and develop potential part-time and job sharing opportunities, by September 30, 2000. 52.4 Telecommuting p i ns. The Employment and Human Services Department and the Union agree to establish a Task Force comprised of representatives from the Union and representatives from the Department to identify potential positions where telecommuting could be utilized in accordance with the County's Telecommuting Policy. The Task Force will consider, but not be limited to, the following criteria: service delivery, coverage and availability for participants. The Task Force shall complete its study by June 30, 2000 and submit it to the Director of the Employment and Human Services Department. 52.5 Reclassification. The Health Services department agrees to submit a P300 requesting the reclassification of the Public Health Social Worker positions to Medical Social worker 11. 52.6 Job Classifi ation. The County will develop a new employment focused job classification which will include the following functions: Medical Combo, SEW 535 R&F _ 190 - 1999-2002 MOU SECTION 53-ADOPTION Medical Intake, MediCal lead worker and training unit. 52.7 Erganamics. 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. 52.8 SafetyReAirement. The County agrees that if there are amendments to Mate law during the term of this agreement that allow employees in the Social Casework Specialist series to be eligible for safety retirement and such amendments are adopted by Resolution of the Contra Costa County Board of Supervisors, the County will meet to discuss this issue. SECTION 53 - ADO—PTION 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 previsions. 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. SEW 535 R&F _ '199 - 1999-2002 MOU SECTION 54 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 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. 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 Managem nt 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. SEW 535 RBF - 192 - 1999-2002 MOU SECTION 54 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 54.4 Duration of Agreement. This Agreement shall continue in full force and effect from October 1 , 1999, to and including September 30, 2002. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date, of its intention to amend, modify or terminate the agreement. DATE � e CONTRA COSTA COUNTY SEIU LOCAL 535 RANK & FILE UNIT 1 h 4 ' SEW 535 R&F - 193 - 1999-2002 MOU ........................................................................................................................................................ . ATTACHMENTS A - Project Positions B - Class & Salary Listing C - Side Letter Re Mq's For Social Service Program Assistant, Social Worker, and Vocational Counselor D - Side Letter Re Notification Of Program Changes To Workload Committee i ATTACHMENT A PROJECT POSITIONS Social Services Union, Local 535 and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which except for the project designation would be represented by Social Services Union, Local 535. For example, Social Program Planner I is represented by Social Services Union, Local 535, therefore, it has been agreed that Social Program Planner I-Project will also be represented by Social Services Union, Local 535. Other project classes that are not readily identifiable as properly included in bargaining units represented by Social Services Union, Local 535, shall be assigned to bargaining units in accordance with the provisions of Section 34-12.015 of Board Resolution No. 6111165. The Union and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and therefore differs from other regular classes represented by Social Services Union, Local 535 in the following respects. 1 . Project employees are not covered by the Merit System. 2. Project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the grievance procedure specified herein. 3. Any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. ATTACHMENT B SOCIAL SERVICES UNION, LOCAL 535 CLASS & SALARY LISTING EFFECTIVE OCTOBER 1, 1999 COMMUNITY AIDE UNIT (o2D. LA CLASS TITLE SALARY RANGE CW04 CALWORKS COM. OUTREACH AIDE 1629 - 1796 XDWB CHILDRENS" SERVICES AIDE 2093 - 2545 XDWE COMMUNITY OUTREACH AIDE 1717 - 1893 XDWC SENIOR PROGRAMS AIDE 1968 - 2392 XDWD SENIOR SERVICE AIDE 1968 - 2392 SOCIAL SERVICES UNIT (25 CLASS CLASS TITLE SALARY RANGE XOWC ADULT SVCS LIAISON SPEC 3627 - 4409 XHTB ELIGIBILITY WORK SPECIALIST 3217 - 3911 XHWA ELIGIBILITY WORKER 1 2196 - 2670 XHVA ELIGIBILITY WORKER II 2551 - 3101 X4WB MEDICAL SOCIAL WORKER 1 3332 - 4050 X4VH MEDICAL SOCIAL WORKER 11 4147 - 5041 X4V2 MEDICAL SOCIAL WORKER-PROD 4147 - 5041 X4WA PUBLIC HEALTH SOCIAL WORKER 3635 - 4418 X7WB SS EMPL PLACEMENT COUNS 3545 - 4309 XLSF SS WELFARE FRAUD FIELD INV 3382 - 4111 XLSD SS WELFARE FRAUD INV 3382 - 4111 XDVB SOCIAL CASEWORK ASSISTANT 3534 - 4296 XDVB SOCIAL CASEWORK SPEC 11 4265 - 5184 XOWB SOCIAL CASEWORK SPEC 1 3999 - 4409 XOW2 SOC. CASEWORK SPEC I-PROD 3999 - 4409 XDVB SOCIAL CASEWORK SPEC 11 4265 - 5184 X0V1 SOCIAL CASEWORK SPEC 11-PROJ 4265 - 5184 XOSA SS PROGRAM ASSISTANT 3375 - 4103 XOVC SOCIAL WORKER 3545 - 4309 XOVA SOCIAL WORKER 11 2857 - 3472 XOV2 SOCIAL WORKER-PROD 3545 - 4309 XLSD SS SR WELFARE FRAUD INV 3727 - 4530 Contra Personnel Department Third Pine oStrAdministration Bldg. Coy unt Costa 651Martinez, California 94553.1292 (415) 372-4064 Harry D. cisterroan Director of Personnel January 31., 1985 Peaslee, President Social Services Union, Local 535 %Social Service Department Dear Peaslee: This side letter confirms agreement reached during the bargaining process on minimum qualifications for Social Service Program Assistant, Social Worker and Vocational Counselor. The minimum requirements for these classes will be: 1. Social Service Program Assistant - First administration only: License Required: Valid California Motor Vehicle Operator's License. Experience: Six months fulltime experience as a Social Worker Trainee or Social Worker in Contra Costa County. Subsequent administrations : License Required: Valid California Motor Vehicle perater`s License. Education: Completion of 50 semester units or 90 quarter units an accredited college or university which included at least 12 semester or 18 quarter units in Psychology, Sociology, Social Welfare, or a closely related field. Experience: Either 1) one year of fulltime experience or its equivalent in a position in a California County with responsibility for public assistance eligibility deter- mination or the processing of documents relative to either the placement of children or social service case compliance; or 2) one year of fulltime experience or its equivalent as an Eligibility Worker II or a Children's Services Clerical Specialist with Contra Costa County. Substitution: Additional qualifying experience may be substituted for the required education on a year-for-year basis up to a maximum of two years. 1pmo INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER -2- 2. Vocational Counselor Minimum Qualifications: Valid California Motor Vehicle w Operator' s License. Education: Possession of a baccalaureate degree from an accredited college or university with a major in psycho- logy, sociology, social welfare, vocational or rehabili- tation counseling or a closely related field. Experience: Either 1) One year of fulltime experience or its equivalent in vocational counseling, job solicitation or job placement, with responsibility for the evaluation and adjustment of employment related problems of youth or adults; or 2) one year of fulltime experience or its equivalent as a Social Service Program Assistant with Contra Costa County. Substitution for Education: Additional qualifying experience may be substituted for the required education on a year-for-year basis up to a maximum of two years. Substitution for Academic Major: Six months of addi- tional qualifying experience may be substituted for the required academic major. 3. Social Worker Minimum Qualifications: License: Valid California Motor Vehicle Operator' s License. Education: Possession of a Baccalaureate Degree from an accre ited college or university with a major in psycho- logy, sociology, social welfare or a closely related field. Experience: Either 1) one year of fulltime experience or its equivalent as a social worker in a human services agency which included responsibility for case assessment, development of treatment plans, liaison work with other service agencies and/or problem resolution related to case management functions; or 2) one year of fulltime experience or its equivalent as a Social Service Program Assistant with Contra Costa County. Substitution for Education: Additional qualifying experience or experience as an Eligibility Worker II or as a Children' s Services Clerical Specialist with Contra Costa County or in an equivalent position in another Human Services Agency may be substituted for the required education on a year-for-year basis up to a maximum of two years. r C -3- 4. The Social Casework Specialist I exam shall be given as both Open and Promotional . The Director of Personnel 's authority under PMR 705 to determine a different order of certification priority shall be used to alternately appoint from the Open or the promotional list for Social Casework Specialist I for those positions the Social Service Department determines to fill at the Social Casework Specialist I level . If the foregoing is in accordance with your understanding, please indicate your acceptance and approval in the space provided below. Date: -Y Social Service Union, Local 535 S.E.M. Contra Costa County B y ,di bocial Ger vice uepartment uontrGt tsiinVxuar.trl u Please reply to: .fames A.Rydingsword Costa 2401 Stanwell Drive,#200. M*CtorPO.fox 5488 County Concord,California 94524 September 28, 1989 Randy Johnese Social Service Union, SEZU, Local 535 661 27th Street Oakland, CA 94612 Dear Mr. Johnese, Confirming our agreement regarding notification of program changes to the Workload Committee, the Social Service Department shall provide to the Workload Committee, prior to a decision on implementation, draft material or other suitable notice of major new programs, significant changes to existing programs or significant operational changes. If the foregoing conforms with your understanding, please indicate your acceptance and approval in the space provided nelow. Dated APPROD & ACCEPTED Contra Costa County By By f disk 18 EXHIBITS (INFORMATION/REFERENCE ONLY) A - September 27, 1989 Letter Re Workload B - October 3, 1989 Letter Re Recognition Of Part-Time & Full Time Employees' Seniority For Layoffs C - September 30, 1999 Medical/dental/Life Insurance Adjustments Coalition Settlement Agreement D - Supplemental Pay Equity Agreement E - Cellular Phones Side Letter F - SSWFI & SSWFFI Alternate Certification Side Letter G - Air Filters Memo From John Cullen H - 24 Hour Emergency Protective Services Emergency Response Unit ii v�.It✓6-41 •111v41♦ ,/Ul ILIIi✓4 EXHIBIT A :lamas A.Ryd,npsword �/ +7 4� 2401 Wn"I OrWe.4x200 jIP.O.Box 5486 CountyConcord,ia�i(cKnia 94524 . September 27, 1989 Randy Johnese, Field Representative Social Service Union, Local 535 661. - 27th Street Oakland, CA 94612 Dear Fir. Johnese: During the recently concluded meet and confer sessions, a considerable amount of time and effort was devoted to the issue of workload. As a result of those discussions, the Social Service Department and County agreed to address this issue in the following major areas: I. I&gislative• The department will work with your organization and lobbyist to coordinate legislative strategies with respect to State funding criteria and process for all Department programs. 2. Wg kload Committee -- The Department is prepared to continue working with the Workload Committee in the same manner as presently operating with defined response times from the Director and Executive Team. 3. Mods fi ca ,ren of Income Maintenance: by 3-1-90 Flexible staffing of Ew Specialists who will maintain caseloads above the State guidelines. At such time as all work items in this subsection and recommendations are ,implemented, Section 34.1 will be amended to include the El;.gibiiity Work Specialist classification. . Expansion of EW Specialists in Field Units whose duties shall include, but not be limited to, assignments of uncovered caseloads, backlogs in intake, technical training, and lead work in field units. • Specialized Intake . Program Work Group staffed with 2 union representatives, two management representatives, and a supervisor or program resource person as needed. N . caseload projection hiring to anticipate projected cyclical surges in caseload growth . Expansion of Training Unit - to possibly include establishing a second training unit 4. Child Welfare Services Prggrang & Staffing: . The Department will continue to make every effort to achieve maximum staffing levels within applicable state cost control allocations. . Recruitreent of CWS staff will be a Department priority; continuous testing will remain in place for exams for CWS classes. . A Priority Work Group will make recommendations regarding the streamlining of work and prioritization when certain conditions exist. Recommendations will be implemented by 3-1-90. The committee will be structured as described above for IM. . Conduct a _study for a childrens' Services Lead Worker. 5. ,adult services: A Priority Work Group will be established to include discussion of revenue, establishing task priorities, and standardization/equalization of work. Implementation will be by 3-1-90. 6. Protected Time . The Program Work Groups will also consider whether establishing or modifying existing protected time will result in greater workload efficiencies and enhance service to clients. The recommendations of each Program Work Group will be made to the Director, whose decision concerning implementation will be final. Further discussion of ongoing issues arising from this process may be held in the Workload Committee. I and my staff look forward to working with our employees and your organization to accomplish meaningful implementation of these matters. incerely am d, Director Disk 17 jcw'p Workload.dit Social Service Department Contra ,B;T 1& nd Costa County October 3, 1989 Randy J'ohnese social Services Union, Lodal 1535 661 - 27th Street Oakland, CA 94812 Dear Mr. Johnese. This letter will confirm that in the event.of a layoff, the Social Service Department will, to the extent possible, maker every reasonable effort to recognize part-time and fall-time employees seniority similarly with respect to separation. When it becomes necessary to lay off part-time employees with more seniority than retained full-time employees, the Department will meet and discuss the reason's for the action with the Union prior to implementing the action. No understanding convoyed by this letter will be construed to in any way modify the layoff and seniority rules contained in the Memorandum of Understanding. incere a y ng Ord r to AR: EXHIBIT C LABOR COALITION—'1999 NEGOTIATIONS ALL EMPLOYEE ORtyllltilIZAT11914S COVIN 'y CO LATER TO COALITION NOs, 3A. 38. 1 A 20 — — Presented: 09124199 Revised: 09130M TENTATIVE AGREEMENT MEDICAIJDENTAUUFE INSURANCE ADJUSTMENTS COVERAGES OFFERED Effective January 1, 2000, the County will offer the following plans: Contra Costa Health Plans (CCHP)A& B, Kaiser, Health Net HMC?, Health Net PPC), Delta and PMI Delta Care Dental. Effective January 1, 2000 the County will terminate their contracts with Foundation Health Systems PPC) (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 HMC) 80% Health Net PPC) +88.27% - The County and Coalition will equally share (50!80) the amount of any premium increases DgNT&.PLAN SU V'ENTION Effective January 1, 2000, the County subvention for Dental plans will be as follows: Delta Dental/CCHP A IB 98% PMl Delta Care/CCHP A/B 98% Delta Dental 78/0 PMI Delta Care 78% at 3 year rate guarantee Dental Only County pays all but .01 MEDICAL PLAN ENHANCEMEN'T'S Effective January 1, 2000 benefits will be added to the medical plans as follows: QUIRA ,c upuncture No co-pay/10 visits per calendar year Outpatient Durable Medical Equipment No co-pay CCHP B Acupuncture $5 y/10 visits per calendar year Chiropractic $5 co-pay/20 visits per calendar year Outpatient Durable Medical Equipment No co-pay ,JJEALTH NET HMO Chiropractic $10 co-pay/20 visits per calendar year Outpatient Durable Medical Equipment No co-pay KAISER Office, Emergency Room & Rx co-pays Increase co-pay from $3 to $5 Diabetic Testing Supplies No Co-pay Chiropractic $15 co-pay/20 visits per calendar year Outpatient Durable Medical Equipment No co-pay jELTA DENTAL PLAN ENHANCEMENTS Increase Annual Maximum from $1200 per member to: $1400 1/1/2000 $1500 1/1/2001 $1600 1/1/2002 DOMESTIC PART ER Domestic Partner and dependents eligible to participate in health/dental coverage contingent upon meeting eligibility and enrollment requirements. LIFE INSURANCE Effective January 1, 2000 increase coverage from $3000 to $7500 for employees enrolled in either a health and/or dental plan. HEALTH CARE OVER 1 HT QMMITTEE 'he Committee shall continue in Its current format. OPEN 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, 2003 shall be dependent on the outcome of negotiations. PIAN MODIFICA„TT 01+I8 It is understood that the County shall not seek to discontinue or modify any health or dental pian 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 Local 512—Attachment B Local 535 R&F--Attachment D Local 535 Supv—Attachment C Local 2700—Attachment E CNA—Attachment C VWCE—Attachment A 'ENTATIVE AGREEMENT Bated: (oil CONTRA C STA C0TY LABO5,COALITIO EXHIBIT n NEW PAY UITY MASTER AGREEMENT May 1995 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. In executing this agreement, both the County and the participating Employee Organizations (CCCEA Local One, AESCME Locals 2700 and 512, SEW 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) state their intent that (1) the provisions of the Pay Equity Master Agreement -contained herein shall stand separate from other terms and conditions of employment which may be negotiated and adopted in Memoranda of Understanding between the County and the individual participating Employee Organizations and that (2) the provisions of the Pay Equity Master Agreement will remain in place as the basis under which all represented pay equity classes will be granted adjustments until all remaining classes reach the trend line or until such time as the parties mutually agree to modify or terminate this agreement. This agreement shall be presented to the Contra Costa County Hoard 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 Memorandum of Understanding on Pay Equity. 2. Adoption of Fixed Payout Formula The County and the participating Employee Organizations agree to adopt a pay equity fixed payout formula described below in 3. which will remain in effect until all pay equity classes are adjusted to the trend line, or until such time as the parties mutually agree to modify or terminate this agreement. 3. Operation of Formula The 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, SEW 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) and Management and Unrepresented employees, shall be totaled and multiplied by a factor of twenty percent (20%). The fixed amount of money derived from this calculation shall constitute the total pay equity increase for all classes below the trend line represented by the participating Employee Organizations and for all Management and Unrepresented classes below the trend line. The manner in which the pay equity increase will be distributed to all represented classes below the trend line shall be determined by the participating Employee Organizations who shall consider only (1 ) whether classes farthest from the trend line shall receive a greater percentage adjustment than classes closer to the trend line, and (2) at what percentage distance below the trend line to apply any differing percentage adjustment. If upon review, the County finds that the manner in which the Employee Organizations have structured the distribution is unacceptable, the County and the Employee Organizations shall meet and confer. 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 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 between the County and the participating Employee Organizations, 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. DATE: FOR THE PARTICIPATING EMPLOYEE ORGANIZATIONS: FOR THE COUNTY. CCC O. ONE AF E LOqKL2 A CME LOCAL 2 �tfU LOCAL S 3 S IFORNIA NURSES ASSN. APPRAISERS'- OCIATION WESTERN COUNCIL OF ENGINEERS FEMA EG PEMA.WPO ContraEXHIBIT E Human Resources v Department Costa ";'' - "y Third Floor,Administration Bldg. C :� 651 Pine street L..J'���t� ';""`"r $���;� Martinez,California 94553-1292 (510)646-4064 Leslie T.Knight November 14, 1996 Director of Human Resources Ms. Damita Davis-Howard, Field Representative SEW Local 535 - Rank & File Unit 661 27th Street Oakland CA 94612 RE: CELLULAR PHONES Dear Ms. Davis-Howard: This letter is to confirm agreement between the County and SEW Local 535 Rank & File as follows: When a request for a cellular phone is made to a supervisor, such request will be forwarded to the Division Manager, along with the justification for the request. If the Division Manager is unavailable due to vacation or other long- term absence, the request will be forwarded to the Assistant Director. The requesting employee will be advised of the outcome of the cellular phone request as soon as a decision is made (normally within two weeks). Cellular phone requests (to purchase or replace) must be evaluated by the Division Manager level or higher. If the Division Manager determines that the phone request is necessary for staff safety, the Division Manager will order the cellular phone through normal channels (through Phil Simonds). Requests for cellular phone repairs may go directly to Phil Simonds at 40 Douglas Drive, Martinez. If the foregoing confirms your understanding, please indicate approval and acceptance in the space provided below: CONTRA COSTA COUNTY SEW LOCAL 535 RANK & FILE UNIT r� ,� i Kathy Ito Damita Davis-Howard Labor Relations Manager Field Representative cc: Judy Campbell, Social Service Personnel Officer Co ntra EXHIBIT F Human Resources oSt `-= � Department ; :.. '' ff ty Third Floor,Administration Bldg. �t�� 651 Pine Street Martinez,California 94553-1292 (510)646-4064 November 14, 1996 Leslie T.Knight director of Human Resources Ms. Damita Davis-Howard, Field Representative SEW Local 535 - Rank & File Unit 661 27th Street Oakland CA 94612 RE: SSWFI'& SSWFFI ALTERNATE CERTIFICATION Dear Ms. Davis-Howard: This letter is to confirm agreement between the County and SEW Local 535 Rank & File as follows: Positions in the Social Service Welfare Fraud Investigator and Social Service Welfare Fraud Field Investigator classes shall alternately be filled from inside and from the open list. Positions filled from the inside shall be filled alternately through the bid process and the promotional list. Positions subject to bid for which no responses are received shall be filled from the promotional list. If the foregoing confirms your understanding, please indicate approval and acceptance in the space provided below: CONTRA COSTA COUNTY SEW LOCAL 535 RANK & FILE UNIT �4 Kat y Ito Damita Davis-Howard Labor Relations Manager Field Representative cc: Judy Campbell, Social Service Personnel Officer EXHIBIT G SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY To: SEIU Local 535 March 19, 1996 From: John Cullen, Director Tc,.t_tQ - Subject: Air filters This is to confirm the Department' s plan to review General Services Department information concerning the change of air filters in Social Service buildings. A procedure will be established with the General Services Department for the provision of such information on a semi-annual basis. Such verification will be given to the department Safety Coordinator who will share the information with the Department Safety Committee on a semi-annual basis. airfltr.535 Gen 9c (New 3/86) EXHIBIT H L_4 LILE DEPARTMENT CONTRA COSTA COUNTY ", G. W i nQ e't, County Achpinistrator ADATE February 4 . 1980 tn: - Burke (*tsrt, ,,Knlin, Director z0-TIa c Al Coutch '-p, Louise Aiello 'WP 8i 11 Groth '-14 PZUR EKERGENCY xJRvtECTIVE SERVICE�k11> -9 00 . ' EMERGENCY RESPONSE UNIT /)Ij, 40";'f!p80 �q Of :i January 1980 a report was submitted to your office "regarding the establishment af a 24 Hour Protective Services Emergency Ptesponse program. Itetings with the zvpjoyee organization, -Social Services Union Local 53.5, have wvf been completed, and a schedule has 'been established for the employees working in this Emergency Response program. The wor* schedule that has been adopted requires appro-!al by the County Adminis- trator and notification to the Auditor's office that paytmnt for this work schedule Is authorized. It is, therefore, requestedAhet approval be given for this schedule and that the Auditor's office be notified of this approval and of your auttiorizatior, for payment of salaries based upon this_ work schedule. the Emergency Re-sponse Unit will operate for a six-tenth period under the provi.!- ,vions of the existing Sal;ry Ordinance. The schedule for the workers In the Emertjency Response Unit uAll be as follows: Monday through Friday 4 p.m. to 8 p.m. On DutY 8 P.in. to 8 a.m. of) Call S a.m. to 9 a.m. On Duty Staff will raceilve 8 hours pay with shift differential for the t�bnday through Friday schedule. Saturdays, Sundays and Holidays 3 hours On Duty 21 -hours On Call Staff will recs-1ve 8.25 hours pay for weekend and holiday work; weekend and hol iday work will require payrinent of overtime on an accumulated basis. No shift differential will be paid for weekends and holiday work. Staff will be scheduled so that they work approximately a 40 hour work week. On eack 4ay, one person will work, their duty hours at the Children's Reteiving Center it, Martinez, and the other staff assigned to work that day will work their duty hours at their' hor.e. SEIU LOCAL 535 FLANK & FILE UNIT SUBJECT INDEX Accrual of Holiday Time & Credit..............................................................61 Accrual of Vacation During Leave Without Pay ........................................64 Adoption ................................................................................................. 192 AgencyShop ..............................................................................................6 AnniversaryDates ....................................................................................23 Application of Holiday Credit.....................................................................60 Attendance at Meetings ............................................................................ 15 Bilingual Provisions................................................................................. 139 CallBack Time..........................................................................................47 CareerLadder......................................................................................... 159 Catastrophic Leave Bank..........................................................................88 ChildCare............................................................................................... 114 CoercedResignations ............................................................................ 126 Communicating With Employees .......... Compensation Complaints...................................................................... 137 Compensation for Portion of Month ..........................................................26 CompensatoryTime .................................................................................43 CompetitiveExam................................................................................... 120 Confidentiality of Information/Records .................................................... 114 Conservatorship Differential.................................................................... 148 Constructive Resignation........................................................................ 125 Counseling.............................................................................................. 150 Days & Hours of Work ..............................................................................36 DeferredRetirement ............................................................................... 110 Demotion ................................................................................................ 127 Department Notification ............................................................................ 17 DependentCare ..................................................................................... 188 Disability Insurance Review Committee....................................................87 Disability ...................................................................................................74 Disciplinary Actions................................................................................. 127 Dismissal ................................................................................................ 127 DualCoverage........................................................................................ 112 DuesDeduction ..........................................................................................5 Duration of Agreement............................................................................ 193 Employee Annual Health Examination......................................................87 Employee Representation Rights ........................................................... 132 EntranceSalary ........................................................................................23 FamilyCare Leave....................................................................................95 Flexible Staffing ...................................................................................... 157 Furlough Days Without Pay ......................................................................94 Grievance Procedure.............................................................................. 132 Group Health Plan Coverage.................................................................. 100 Health Care Spending Account......... ................................................... 112 Health, Welfare, Life & Dental Care........................................................ 107 HolidaysObserved ...................................................................................59 Indemnification & Defense of County...................................................... 175 JuryDuty ................................................................................................ 105 Layoff........................................................................................................49 LeaveWithout Pay....................................................................................92 Leaves of Absence ...................................................................................92 Length of Service Definition.................................................................... 170 Length of Suspension ............................................................................. 131 Maintenance of Membership.......................................................................9 Meal Expense Reimbursement............................................................... 167 MedicalLeave ..........................................................................................95 MedicareRates....................................................................................... 108 Mental Health Screening Differential....................................................... 148 MeritBoard ............................................................................................. 138 Mileage................................................................................................... 147 MilitaryLeave ...........................................................................................94 Modification & Decertification.................................................................. 175 NoDiscrimination...................................................................................... 14 NoStrike................................................................................................. 137 Non-English Speaking Caseloads........................................................... 140 Notice of New Employees....................................................................... 149 Official Representatives............................................................................ 15 On-Call Duty.............................................................................................47 OpenExam............................................................................................. 120 Overtime.......................................................... .................42 Part-Time Compensation ..........................................................................26 Part-Time Differential................................................................................46 Part-Time Employee Benefits ................................................................. 171 Pay Equity Master Agreement ..................................................................20 Pay for Work in Higher Classification........................................................32 PayWarrant Errors ...................................................................................35 Payment ...................................................................................................34 Performance Evaluation ......................................................................... 152 Permanent Part-Time Employee Benefits............................................... 171 Permanent-Intermittent Employee Benefits ............................................ 172 Permanent-Intermittent Health Plan........................................................ 172 PERSLong Term Dare........................................................................... 115 Personal Property Reimbursement......................................................... 1 fig PersonnelFiles....................................................................................... 149 Personnel Management Regulations ...................................................... 192 Physical Examination Requirement ........................................................ 122 Position Reclassification ...........................................................................26 Pregnancy Disability Leave.......................................................................99 ProbationaryPeriod ................................................................................ 115 Procedure on Disciplinary Actions .......................................................... 131 PromotionPolicy..................................................................................... 129 Promotion Via Reclass Without Examination .......................................... 129 Promotional Employment List-Rule of Five ............................................. 122 Provisional Employee Benefits ............................................................... 174 Reassignment of Laid Off Employees.......................................................58 Resignations........................................................................................... 125 Respite Leave Without Pay..................................................................... 147 Retirement ............................................................................................. 140 SafetyProgram....................................................................................... 156 Salaries..................................................................................................... 18 Salary Increments Within Range for Temporary Employees................... 182 Salary on Appointment from a Layoff List .................................................30 Salaryon Promotion .................................................................................29 Salary on Voluntary Demotion ..................................................................31 Salary Reallocation & Salary on Reallocation...........................................27 Scope of Adjustment Board & Arbitration Decisions ............................... 135 Scope of Agreement & Separability of Provisions................................... 191 SeniorityCredits ..................................................................................... 121 Separation Through Layoff .......................................................................51 ServiceAwards....................................................................................... 171 Shift Differential ........................................................................................47 ShopStewards ......................................................................................... 15 SickLeave................................................................................................64 Skelly Requirements............................................................................... 129 Social Service Office Stewards................................................................. 17 Social Service Representatives ................................................................ 16 Spanish Notices of Action....................................................................... 140 Special Employment Lists.........................................................................58 SpecialStudies....................................................................................... 189 Staffing Allocations & Reassignments .................................................... 164 Staffing Allocations & Workload Distribution ........................................... 160 State Disability Insurance ( SDI)...............................................................83 Suspension............................................................................................. 127 Temporary Employees............................................................................ 178 Tier III Retirement Plan........................................................................... 140 TimeLimits ............................................................................................. 137 TimeOff to Vote ..................................................................................... 104 Training Reimbursement......................................................................... 146 Transfer.................................................................................................. 123 Unauthorized Absence ........................................................................... 103 UnfairLabor Practice .............................................................................. 176 UnionDues Form...................................................................................... 10 UnionRecognition ......................................................................................5 Union Representatives ............................................................................. 16 Useof County Buildings ........................................................................... 13 Vacation ...................................................................................................62 VacationPreference .................................................................................64 Wellness Incentive Program ................................................................... 113 Withdrawal of Membership ....................................................................... 11 WitnessDuty .......................................................................................... 106 Workers' Compensation............................................................................79 WorkforceReduction ................................................................................49 Written Statement for New Employees ..................................................... 14 �3n S M T W T^ F SY S- M T W T F M T W T F S 1 2 1 2 3 4 5T 1 2 3 4 5 3 4 5 6 7 8 9 7 8 9 10 it 12 45 7. 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 19 19 +9 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 F^i" U, 29 30 31 31 S' M T W71� S_ M T W T F M T W T F S ' 1 2 3 4 5.. 4 5 6 7 2' 3 4 5 6 7 7 8 9 10 1111 12 13 14 9 10 11 12 13 14 14 15 16 17 18IS 19 20 21 i6 17 18 19 20 21 21 22 23 24 2525 26 27 28 2$ 24 25 26 27 28 28 29 30 31 IN am S M T W T F IS, .*S'd M T W T F M T W T F 1 2 A 2 3 4 5 6 1 2 3 ° 4 5 6 7 8 9 10' 9 10 11 12 13 6 7 8 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6. 7 8 9 10 11 4 5 6 7 8 .9 10 11 12 13 14 15 13 14 15 16 17 18 11 12 13 14 IS 16 17 18 19 20 21 22 20 21 22 23 24 25 IS 19 20 21 22 23 24 25 26 27 28 27 28 29 34 31 25 26 27 28 29 30 31 $ M T W T F M T W T F M T W T F 1 2 3 4 5 6 '7 1 2 3 1 9 t0 11 12 13 44 "5 6 7 8 9 10 4 5 6 7 8 !i 16 17 18 19 20 'It 12 13 14 15 16 17 11 12 13 14 15 : 22 23 24 25 26 27 i 19, 20 21 22 23 24 18 19 20 21 22 2� 9. 30 3127 28 29 30 25 26 27 29 29 !0 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 11 2 3 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 25 26 27 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 5 1 2 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 22 23 24 25 26 27 28 26 21 22 23 24 25 26 17 18 19 20 21 22 23 29 30 27 28 29 30 31 24 25 26 27 28 29 30 S M T W T F S S" M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 ' 8 9 10 11 12 13 14 .S'* 6 7 8 9 10 11 2 3 4 5 6 7 $ r 15 16 17 I8 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 29 30 31 26' 27 28 29 30 31 23 24 25 26 27 28 29 30 S M T W T F S SIM T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 1# 15 26 17 18 !9 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 21 22 23 24 25 26 27 1$ 19 20 21 22 23 24 16 17 18 19 20 21 22 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 X�+ S M T W T F S S M T W T F 5 S M T W T F S 1 2 3 4 5 1 2 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 9 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 I2 13 14 I5 16 17 35 16 17 18 19 20 ;1. 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 S M T W T F S S M T W T F S S M T W T F -S 1 2 3 4 5 1 2 1 2 3 4 5 6 .7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 i y POSITION ADJUSTKW TMEST No Date: 9/t d/7.()OQ CC) r ?5 T!, COUNT',' Dept. No./ CAPERS Department +AntrhJ§e'rvi6es Budget unit No. 0366 Org. No. 3340 Agency No. 3b O%SEP 29 PH positions . Action equested: A Ue(5)full time Sergeant 20sitions; cancel Animal Services Officer Proposed Effective Date; _LQL11i Explain why adjustment is needed: vrovide additional field direction and training for officers, .ped=m=difficult field aslism is orm special ro ects as directed. Classification Questionnaire attached: Yes ® No X Coat is within department's budget: Yes No __X Not entirel Total One-Tide Costs (non-salary) associated Frith this request: �$ 0 Estimated Total cost of adjustment (salary/benefits/one-time): Total Annual Cost $ i4Tgnri Net County Cost $ 1r1-RAO Total This TY $ 11.500 N.C.C. This FY $ 11.500 Source of Funding to Offset Adjustment: Tu rnro,,ve Bipartment must initiate necessary appropriation adjustment f and submit to CAO. Use additional sheets for further ~-` explanations or comments. or Department Head ... Reviewed by CAO and Released To Personnel Departmant Deputy Codhty Administrator Date am Personnel Department tion Datet OCT. 4, 2000 ADD five (5) 40/40 positions of Sergeant and CANCEL Animal Services Officer (BJWD) positions #'.s 5958 and 5924. Amend.Resolution 71/17 establishing positions and resolutions allocating class to the Basic/Exempt Salary Schedule, as described above. Effective: Qday following Board action. LQ-1-00 _2z , Date for actor of Personnel Ccru�uty Administrator tion Date: /0 0 Approve Recommendation of Director of Personnel Disapprove Recommendation of Director of Personnel Other: for Coun y Administrator Board of Supervisors Action Phil Batchelor, Clerk of the Board of A dj usoWnt on Super. ors a County A istrator Do,to f By: 3 APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL/SALARY OLUTION AMENDMENT. vRf• f►ati�.'til 'loon itis.... � BOARD OF SUPERVISORS AGENDA OCTOBER 17, 2000 P300 No. 18658 --ANIMAL SERVICES AGENDA DESCRIPTION: ADD five (5) 40/40 positions of Sergeant and CANCEL Animal Services Officer (BJWD) positions # s 5958 and 5924, JUSTIFICATION: This action is being requested by the Director of Animal Services to provide additional field direction and training for Animal Services Officers and perform more difficult field assignments. • The cost associated with this action is being absorbed by budgeted funds, • Both of these classes are represented by CCC Employees Association, Local One and there are no issues with this action. Teresa Mena Date Human Reso alyst arry iel Date Perso el Services Supervisor C5l1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on December 5. 2000 by the following vete: AYES: Supervisors Gioia, Uilkema, DeSaulnier NOES: ?one ABSENT: (District V Seat Vacant) and Supervisor Gerber Absent ABSTAIN: None SUBJECT: Adopt Memorandum of Understanding) With 'Western Coungil of Enai a rs ) Resolution No. 2000/-07 BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (copy attached and included as part of this document), jointly signed by Kathy Ito, Labor Relations Manager, and Al Schaal, Western Council of Engineers President, regarding economic terms and conditions for October 1, 1099 through September 30, 2002 for those classifications 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 5, 2000 PHIL BATCHELOR, Qle k of the Board of rvI and y Administrator Deputy BY Orig. Dept.: Human Resources Department(Kathy Ito @a 5-1750 cc: Labor Relations Unit Benefits Unit Personnel Services Unit Auditor-Controller/Payroll Public Works Department Al Schaal,Western Council of Engineers Resolution No. 2000/507 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND WESTERN COUNCIL. OF ENGINEER OCTOBER 1 , 1999 - SEPTEMBER 30, 2002 WESTERN COUNCIL OF ENGINEERS TABLE OF CQNTENTS SECTION 1 COUNCIL RECOGNITION................................................5 SECTION 2 COUNCIL. SECURITY 2.1 Dues Deduction.................................................................6 2.2 Agency Shop .....................................................................6 2.3 Maintenance of Membership........................................... 10 2.4 Council Dues Form.......................................................... 10 2.5 Withdrawal of Membership.............................................. 12 2.6 Communicating With Employees .................................... 12 2.7 Use of County Buildings.................................................. 13 2.8 Advance Notice ............................................................... 14 2.9 Written Statement for New Employees ........................... 15 2.10 Distribution of Materials................................................... 15 2.11 Section 11 of 1977-79 MOU............................................ 16 SECTION 3 NO DISCCR MINATIONIADA ........................................... 16 SECTION 4 OFFICIAL COUNCIL REPRESENTATIVES 4.1 Attendance at Meetings................................................... 17 4.2 Council Representatives ................................................. 18 SECTI, N 5 SALARIES 5.1 General Wage Increases ................................................ 19 5.2 Entrance Salary............................................................... 19 5.3 Anniversary Dates........................................................... 19 5.4 Increments Within Range................................................21 5.5 Part-Time Compensation ................................................22 5.6 Compensation for Portion of Month ................................22 5.7 Position Reclassification..................................................23 5.8 Salary Reallocation & Salary on Reallocation ................23 5.9 Salary on Promotion........................................................25 5.10 Salary on Appointment From a Layoff List......................26 5.11 Salary on Involuntary Demotion ......................................26 5.12 Salary on Voluntary Demotion ........................................27 5.13 Transfer ...........................................................................27 5.14 Pay for Work in Higher Classification..............................28 5.15 Payment ..........................................................................30 5.16 Pay Warrant Errors..................................... ....................31 i - SECTION 6 DAYS & HOURS OF WORK ..........................................32 SECTION 7 OVERTIME & COMPENSATORY TIME 7.1 Overtime .................... ....32 .................................................. 7.2 Compensatory Time ........................................................33 7.3 Fair Labor Standards Act Provisions ..............................36 SECTION 8 CALL-BACK TIME..........................................................37 SECTION 9 ON-CALL DUTY .............................................................37 SECTION 10 SHIFT DIFFERENTIAL...................................................38 SECTION 11 SENIORITY, WORKFORCE REDUCTION. LAYOFF & REASSIGNMENT 11.1 Workforce Reduction.......................................................39 11.2 Separation Through Layoff..............................................41 11.3 Notice ..............................................................................48 11.4 Special Employment Lists ...............................................48 11.5 Reassignment of Laid Off Employees.............................48 11.6 Further Study...................................................................49 SECTION 12 HOLIDAYS 12.1 Holidays Observed ..........................................................49 12.2 Application of Holiday Credit...........................................50 12.3 Permanent Part-Time Employees...................................51 12.4 4/10 Shift Holidays ..........................................................51 12.5 9/80 Shift Holidays ..........................................................52 12.6 Accrual of Holiday Time & Credit ....................................52 SECTION 13 VACATION LEAVE 13.1 Vacation Allowance.........................................................53 13.2 Vacation Accrual Rates...................................................54 13.3 Bridging of Service ..........................................................55 13.4 Accrual During Leave Without Pay .................................55 13.5 Vacation Allowance for Separated Employees...............55 13.6 Preference.......................................................................55 13.7 Vacation Leave on Reemployment from a Layoff List ....55 SECTION 14 SICK LEAVE 14.1 Purpose of Sick Leave ....................................................56 14.2 Credits To & Charges Against Sick Leave......................56 14.3 Policies Governing the Use of Paid Sick Leave..............57 14.4 Administration of Sick Leave...........................................62 14.5 Disability ..........................................................................65 ii _.. 14.6 Workers' Compensation ..................................................70 14.7 Coordination of Benefits.............:....................................74 14.8 Accrual During Leave Without Pay .................................74 14.9 Disability Insurance Review Committee..........................74 14.10 Sick Leave Coalition........................................................74 14.11 Confidentiality of Information/Records ............................74 SECTION 15 CATASTROPHIC LEAVE BANK 15.1 Program Design ..............................................................75 15.2 Operation.........................................................................75 SECTION 16 LEAVE OF ABJENCE 16.1 Leave Without Pay ..........................................................78 16.2 General Administration....................................................78 16.3 Furlough Days Without Pay ............................................80 16.4 Military Leave ..................................................................81 16.5 Family Care Leave or Medical Leave .............................82 16.6 Intermittent Use of Leave ................................................83 16.7 Aggregate Use for Spouse..............................................83 16.8 Definitions........................................................................84 16.9 Pregnancy Disability Leave.............................................87 16.10 Group Health Plan Coverage..........................................87 16.11 Leave Without Pay - Use of Accruals..............................87 16.12 Leave of Absence Replacement & Reinstatement .........89 16.13 Reinstatement From Family Care Medical Leave...........89 16.14 Salary Review While on Leave of Absence ....................90 16.15 Unauthorized Absence....................................................90 16.16 Non-Exclusivity................................................................90 SECTION 17 JURY DUTY AND WITNESS DUTY 17.1 Jury Duty .........................................................................91 17.2 Witness Duty ...................................................................93 -SECTION 18 HEALTH AND WELFARE, LIFE AND DENTAL CARE 18.1 County Programs ............................................................93 18.2 Rate Information..............................................................94 18.3 Medicare Rates ...............................................................94 18.4 Partial Month ...................................................................95 18.5 Coverage During Absences ............................................95 18.6 Retirement Coverage ......................................................96 18.7 Dual Coverage ................................................................96 18.8 health Care Spending Account.......................................97 18.9 PERS Lang Term Care ...................................................97 18.10 Deferred Retirement........................................................98 18.11 Child Care...................................................................... 100 - iii - SECTION 19 ,PROBATIONARY PERIOD 19.1 Duration ......................................................................... 100 19.2 Revised Probationary Period ........................................ 100 19.3 Criteria ........................................................................... 101 19.4 Rejection During Probation ........................................... 101 19.5 Regular Appointment..................................................... 102 19.6 Layoff During Probation ................................................ 104 19.7 Rejection During Probation of Layoff Employee ........... 104 SECTION 20 PROMOTION 20.1 Competitive Exam ......................................................... 105 20.2 Promotion Policy ........................................................... 105 20.3 Open Exams.................................................................. 105 20.4 Promotion Via Reclassification Without Exam.............. 105 20.5 Requirements for Promotional Standing....................... 106 20.6 Seniority Credits............................................................ 107 20.7 Physical Examinations .................................................. 107 SECTION 21 TRANSFER 21.1 Conditions...................................................................... 107 21.2 Procedure...................................................................... 108 SECTION 22 RESIGNATIONS 22..1 Resignation in Good Standing ...................................... 109 22.2 Constructive Resignation .............................................. 109 22.3 Effective Resignation..................................................... 110 22.4 Revocation..................................................................... 110 22.5 Coerced Resignations................................................... 110 SECTION 23 DISMISSAL, SUSPENSION. TEMPORARY REDUCTION IN PAY, AND DEMOTION 23.1 Sufficient Cause for Action............................................ 111 23.2 Skelly Requirements ..................................................... 113 23.3 Employee Response ..................................................... 114 23.4 Leave Pending Employee Response............................ 115 23.5 Length of Suspension.................................................... 115 23.6 Procedure on Disciplinary Actions ................................ 115 23.7 Weingarten Rights......................................................... 116 SECTION 24 GRIEVANCE PROCEDURE 24.1 Definition and Procedural Steps.................................... 116 24.2 Scope of Adjustment Board/Arbitration Decisions ........ 119 2.4.3 Time Limits .................................................................... 121 24.4 Council Notification.................. 24.5 Compensation Complaints ............................................ 121 iv - 24.6 StrikeNVork Stoppage ................................................... 122 24.7 Merit Board....................................... .......................... 122 24.8 Filing by Council ... ...... ...... ...... .............................. 122 SECTION 25 RETIREMENT 25.1 Contribution ........................ .. ............................. .. .......... 123 25.2 Tier III ............................................................................ 123 SECTION 26 TRAINING REIMBURSEMENT.................................... 128 SECTION 27 MILEAGE REIMBURSEMENT..................................... 128 SECTION 28 PERSONNEL FILES..................................................... 129 SECTION 29 PROFESSIONAL DEVELOPMENT 29.1 Professional Development Reimbursement.................. 131 29.2 Continuing Education Allowance .................................. 133 29.3 Professional Examination Time Off............................... 133 SECTION 30 FLEX-TIME. .................................................................. 133 SECTION 31 BOOK REIMBURSEMENT........................................... 134 SECTIQN32 SAFETY SHQEEISAFETY GLASSES......................... 134 SECTION 33 :SERVICE AWARDS ..................................................... 135 SECTION 34 REIMBURSEMENT FOR MEAL EXPENSES.............. 136 SECTION 35 PERSONAL PROPERTY REIMBURSEMENT ............ 137 SECTION 36 LENGTH OF SERVICE DEFINITION ........................... 139 SECTION 37 PERMANENT PART-TIME EMPLOYEE BENEFITS... 139 SECTION 38 P-1 EMPLOYEE BENEFITS.......................................... 140 SECTION 39 P-1 EMPLOYEEE HEALTH PLAN................................ 140 SECTION 40 PROVISIONAL EMPLOYEE BENEFITS ..................... 142 SECTION 41 REGISTRATION DIFFERENTIAL................................ 143 SE_ T10N 42 MALPRACTICE COVERAGE ...................................... 143 - v - SECTION 43 DEPENDENT CARE SALARY CONTRIBUTION ........ 143 SECTION 44 SPECIAL STUDIES 44.1 Attendance Program ..................................................... 144 44.2 Grievance Procedure .................................................... 144 44.3 Wellness Incentive Program ......................................... 144 44.4 differentials.................................................................... 145 44.5 Ergonomic Evaluation ................................................... 146 SECTION 45 ADOPTION.................................................................... 146 SECTION 46 SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 46.1 Scope of Agreement...................................................... 146 46.2 Separability of Provisions.............................................. 46.3 Personnel Management Regulations............................ 147 46.4 Duration of Agreement.................................................. 147 SECTION 47 UNFAIR LABOR PRACTICE........................................ 148 SECTION 48 PAST PRACTICES & EXISTING MOU'S..................... 148 ATTACHMENT A PROJECT POSITIONS ATTACHMENT B CLASS & SALARY LISTING EXHIBIT A TENTATIVE AGREEMENT ON MEDICAL, DENTAL, & LIFE INSURANCE ADJUSTMENTS - vi MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND WESTERN COUNCIL OF ENGINEERS This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations officer (County Administrator) is the representative of Contra Costa County in employer- employee relations matters as provided in Board of Supervisors' resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Council is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU .shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1 , 1999 and ending September 30, 2002. DEFINITIONS Special provisions and restrictions pertaining to Project employees covered by this MOU are contained in Attachment A which is attached hereto and made a part hereof. DEFINITIONS A pointI, 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. Council: Western Council of Engineers County: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. INCE - 2 - 1999-2002 MOU DEFINITIONS 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. Employ: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MCU and whose position is held pending his/her return. Employment List: A list of persons, who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff, displacement, or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have voluntarily transferred in lieu of layoff or displacement. 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. WCE - 3 . 1999-2002 MOU DEFINITIONS Permanent Position: Any position which hes required, or which will require the services of an incumbent without interruption, for an indefinite period. Permanent Status: Appointment to a position which must be confirmed by successful completion of the probationary period specified for the class. Protect Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOO, 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. wCE - 4 - 1999-2002 MOU SECTION 1 - COUNCIL RECOGNITION 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. Reemolovment 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. Temporary Employment: Any employment in the merit system which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. SECTION 1 - COUNCIL RECOGNITION The Council is formally recognized as the exclusive representative for the employees assigned to the WCE - 5 - 1999-2002 MOU SECTION 2 - COUNCIL SECURITY Professional Engineer Unit and has been certified as such pursuant to Board Resolution 81/1165. SECTION 2 - COUNCIL SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-25 of Board Resolution 81/1155 only a majority representative may have dues deduction and as such the Council has the exclusive privilege of dues deduction for all members in its units. 2.2 Agency Shoe. A. The Council agrees that it has a duty to provide fair and non-discriminatory representation to all employees in all classes in the unit for which this section is applicable regardless of whether they are members of the Council. B. All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Become and remain a member of the Council or; 2. Pay to the Council, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case WCE . 6 - 1999-2002 MOU SECTION 2 - COUNCIL SECURITY law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MMU. It shall be the sole responsibility of the Council to determine an agency shop fee which meets the above criteria; or 3. Do both of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. Pay a sum equal to the agency shop fee described in Section 2.2.8.2 to a non- religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Council shall provide the County with a copy of the Council's Hudson Procedure for the determination and protest of its agency shop fees. The County shall provide a copy of the WCE - 7 " 1999-2002 MOU SECTION 2 - COUNCIL SECURITY Council's Hudson Procedure to every employee hired into a class represented by the Council after the effective date of this MOU. The Council shall provide a copy of said Hudson Procedure to every fee payer covered by this MOU within one (1 ) month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee to invoke the Council's Hudson Procedure within one (1 ) month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section 2.2.13.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff and leave of absence with a duration of more than thirty (30) days. E. The Council shall provide the Director of Human Resources with copies of a financial report patterned after Form LM-2 pursuant to the Labor Management Disclosure Act of 1959. Such report shall be available to employees in the unit. Failure to file such a report not later than June 1 of each calendar year shall result in the termination of all agency fee deductions without VICE - 8 , 1999-2002 MOU SECTION 2 - COUNCIL SECURITY jeopardy to any employee, until said report is filed. F. Compliance. 1 . An employee employed in or hired into a job class represented by the Council shall be provided with an "Employee Authorization for Payroll deduction" form by the Human Resources Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Council's Hudson Procedure and the Council dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.13.3 are not received, and the employee has not timely invoked the Council's Hudson Procedure, or if invoked, the employee's Hudson Procedure rights have been exhausted, the Council may, in writing, direct that the County withhold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Council. C. The Council shall indemnify, defend, and save the County harmless against any and all claims, WCE - 9 . 1999-2002 MOU SECTION 2- COUNCIL SECURITY demands, suits, orders, judgments, or other forms of liability that arise out of or by reason of this Council security section or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure. H. The County Human Resources Department shall monthly furnish a list of all new hires to the Council. 1. In the event that employees in a bargaining unit represented by the Council vote to rescind Agency Shop, the provisions of Sections 2.3 and 2.4 shall apply to dues-paying members of the Council. 2.3 Maintenance of Membership. All employees who are currently paying dues to the Council and all employees in that unit who hereafter become members of the Council shall as a condition of continued employment pay dues to the Council for the duration of this MOU and each year thereafter so long as the Council continues to represent the class to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.4 Council hues Form. Employees hired into classifications assigned in bargaining units cited in Section 2.3 above shall, as a condition of employment at the time WCE . 10 - 1999-2002 MOU SECTION 2 - COUNCIL SECURITY of employment, complete a Council dues authorization form provided by the Council and shad have deducted from their paychecks the membership dues of the Council. Said employee shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Council. Such decision not to become a member of the Council 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 Council, any Council 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 Council. 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 Council. Each such dues authorization form referenced above shall include a statement that the Council and the County have entered into a MCU, 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. WCE - 11 - 1999-2002 MOU SECTION 2 - COUNCIL. SECURITY 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's office in writing, between August 1 , 2002 and August 31 , 2002, any employee may withdraw from Council membership and discontinue paying dues as of the payroll period commencing September 1 , 2002, discontinuance of dues payments to then be reflected in the October 10th paycheck. Immediately upon the close of the above-mentioned thirty (30) day period the Auditor- Controller shall submit to the Council a list of the employees who have rescinded their authorization for dues deduction. 2.6 Communicating With Employees. The Council shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Council, provided the communications displayed have to do with official organization business such as times and places of meetings and further provided that the employee organization appropriately posts and removes the information. The Department Head reserves the right to remove objectionable materials after notification to and discussion with the Council. Representatives of the Council, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Labor Relations Manager; said representatives may 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 WCE - 12 - 1999-2002 Moi! SECTION 2 - COUNCIL SECURITY compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on duty employees. The Council shall be allowed access to work locations in which it represents employees for the following purposes: a. to post literature on bulletin boards; b. to arrange for use of a maeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a council officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.7 Use of County Buildings. The Council shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non- work hours when: WCE - 13 - 1999-2002 MOU SECTION 2 - COUNCIL SECURITY a. Such space is available and its use by the Council is scheduled twenty-four (24) hours in advance; b. There is no additional cost to the County; C. It does not interfere with normal County operations; d. Employees in attendance are not on duty and are not scheduled for duty; e. The meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Council shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.8 Advance Notice,. The Council shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. WCE - 14 - 1999-2002 MOU SECTION 2 - COUNCIL SECURITY The listing of an item on a public agenda or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions designated by the Board determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.9 written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Council, that the employee's classification is represented by the Council and the name of a representative of the Council. The County will provide the employee with a packet of information which has been supplied by the Council and approved by the County. The County will also provide the addresses of new employees to the Council if the employee consents in writing to the County providing this information to the Council. 2.10 Distribution of Materials. The Council may distribute materials to designated Council representatives through the County distribution channels if approved by the human Resources Director or his designee. The decision of the Human Resources Director is final and not subject to the grievance procedure. This privilege may be WCE - 15 . 1999-2002 MOU SECTION 3 - NO DISCRIMINATIONIAMERICANS WITH DISABILITIES ACT (AICA) revoked in the event of abuse after the Human Resources Director consults with the Council. 2.11 Section 11 of 1977-79 MOU Section 11 of the 1977-1979 MOU between the County and western Council of Engineers shall be continued for the duration of this MOU. SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT {Ai DA) There shall be no discrimination because of race, creed, color, national origin, sexual orientation or Council activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely or in a manner that does not endanger the health of such person. There shall be no discrimination because of Union membership or legitimate union activity against any employee or applicant for employment by the County or anyone employed by the County. The County and the Council recognize that the County has an obligation to reasonably accommodate disabled WCE - 16 - 1999-2002 MOU SECTION 4 - OFFICIAL COUNCIL REPRESENTATIVES employees. If by reason of the aforesaid requirement the County contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in conflict with any provision of this MOU, the Council will be advised of such proposed accommodation. Upon request, the County will meet and confer with the Council on the impact of such accommodation. If the County and the Council do not reach agreement, the County may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall preclude the County from taking actions necessary to comply with the requirements of the ADA. SECTION 4 - OFFICIAL COUNCIL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as official council representatives shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting; b. If their attendance is sought by a hearing body or presentation of testimony or other reasons; C. If their attendance is required for meetings scheduled at reasonable times agreeable to all parties, required for settlement of grievances filed WCE - 17 - 1999-2002 MOU ` • • " ' ! • ! w . ` ` ` 41 ! • ! r w ! ! ` ! ` • a • dr SECTION 5- SALARIES station or assignment are made with the appropriate Department Head. SECTION 5 - SALARIES 5.1 General Wage Increases. A. The following wage increase schedule shall apply to all employees represented by Western Council of Engineers: Effective 10/01/99 5.0% Increase Effective 10/01/00 3.0% Increase Effective 10/01/01 4.0% Increase 5.2 Entrance Salarv. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.3 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: a. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (0) months service provided however, if an employee began work on WCE - 19 - 1999-2002 MOU 1 - SECTION 5 - SALARIES the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. b. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.2.a. above. 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. plo mrments. 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. wCE - 20 . 1999-2002 MOU � I • 40 • • • • • • • • ! • - ! ! lw IV ow lw • • • ! - • - . f w • • ! w w ! - • ` • o • ` ! • wv IV • w • w 40 • ! a i y r SECTION 5 - SA"R/ES at one time, except as otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.5 Fart-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. 5.5 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on authorized paid leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. WCE - 22 - 1999-2002 MOU SECTION 5 - SALARIES 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion. 5.8 Salary Reallocation & Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was 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 WCE - 23 - "1999-2002 MOU -.. SECTION 5 - SALARIES fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in 5.8.A,. above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step 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 wCE - 24 - 1999-2002 MOU SECTION 5 - SALARIES before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede Section 5.8. 5.9 Salary on promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which is next higher than the rate 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 WCE - 25 - 1999-2002 MOU _..__................................................. SECTION 5 - SALARIES appointed into a class allocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.10 Salary on Appointment From a Layoff List. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five percent (5%), in which case the salary shall be adjusted to the step in the new range which is five percent (5%) greater than the next higher step, if the new range permits such adjustment. 5.11 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.13, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted wCE - 26 . 1999-2002 MOU . . . ■ < . . J � � « ■ _ e ® 40 $ - qp , , - lw e \ � . f e ■ e ■ . . . . f , - � � _ ¥ ® ■ ■ - - ■ . . _ e � e . � , � _ ee © . e » » � � . ■ � � : � f e - e - _ _ e - ? _ ■ _ � • ® ® � e ' ® ' ® 3 - 40 ■ � e ® ■ ■ $ .e . e . , . $ - ■ - e e - or ® , e � $ _ . fie _ . � e . f - - - ® � ■ - ¥ . - f ¥ _ - _ - _ _ e - ■ e e _ f - # ■ ® ' » , $ - e , . - e , ^ . : e , . , a OF ■ e _ e 3 e f f � ■ � ■ of e ■ . , e � lw f e � � � - , � f � to - ■ e , e - - - _ e � _ - 2 ■ e , e e a Op f. e . e ' _ e - ' ■ e ® - , e � < � $ e e - e - e - ® e �. � e . e , , - e ■ e f � ® e , ' e ® � - . \ �. �� ® ° - - ■ e ® f . . . , : ■ § ■ SECTION 5 - SALARIES However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on "Salary on Promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least five percent (5%) above the top base step of the deep class level or class in which they have status currently. 5.14 Pay for Work in Higher Classification. when an employee in a permanent position in the merit system is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Section 5.9 - Salary on_ Promotion of the MOU. Effective with the ratification of this MOU, pay for work in a higher classification will commence on the 41st consecutive hour of the assignment, under the following conditions: a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. 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. WCE - 28 - 1999-2002 Mott SECTION 5 - SALARIES C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this 11/IC)U. e. Higher pay assignments shall not exceed six (6) months except through reauthorization. f. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within thirty (30) days no additional waiting period will be required. g. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent position shall continue. h. During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary WCE - 29 - 1999-2002 MOU SECTION 5 - SALARIES review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment, shall remain unchanged. i. Allowable overtime pay, shift differentials and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.15 Paxment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. wCE - 30 - 1999-2002 MOU SECTION 5 - SALARIES Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section 5.15 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (1 oth) day of the following month. 5.16 PayWarrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. Pay errors found in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. WCE - 31 - 1999-2002 Mou SECTION 6 - DAYS AND HOURS OF WORK SECTION 6 - DAYS AND HOURS OF WORK The normal work week of County employees is forty (oo) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour days; however, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) hour days per work week, an employee's work hours may be scheduled to meet these requirements. The Department Dead shall prepare written schedules in advance to support all deviations, including the complete operational cycle contemplated. The work week for employees in the 4/10 shift is four (4) ten (10) hour working days during a work week consisting of any seven (7) day period. If the County wants to eliminate any existing 4/10 shift and substitute a 5/8 shift or to institute a 4/10 shift which does not allow for three (3) consecutive days off (excluding overtime days or a change of shift assignment), it will meet and confer with the Union prior to implementing said new shift. SECTION 7 - OVERTIME & COMPENSATORY TIME 7.1 overtime. Overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. Overtime for 4/10 shift employees is any work performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall be compensated for at the rate of one and one-half (1 -1/2) times the WCE - 32 - 1999-2002 MOU SECTION 7- OVERTIME& CQMPENSAToRY TIME employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is earned and credited in a minimum of one-half (1/2) hour increments and is compensated by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the clock shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1 1/2) hours compensatory time off for each hour worked. Such compensatory time off, and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this MCU. The specific provision of this accumulation are set forth in Section 12.6 — Accrual of Holiday Time & Credit of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Com-ensatoU Time. The following provisions shall apply: a. Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Employees shall make a choice, which will remain in effect for a period of one fiscal year July 1 - June 30. Eligible employees must notify their Department Head or his/her designee of their intention to accrue compensatory time off at WCE - 33 - 1999-2002 MOU .: SECTION 7- OVERTIME & COMPENSATORY TIME least seven (7) calendar days prior to July 1 of each year. b. The names of those employees electing to accrue compensatory time off shall be placed on a list maintained by the department. Employees who become eligible (i.e., newly hired employees, employees promoting, demoting, etc.) for compensatory time off in accordance with these guidelines, after the list has been compiled, will be paid for authorized overtime hours worked until the preparation of the next annual list, unless such employees specifically request in writing to the Department Head or his designee that they be placed on the list currently in effect. C. Compensatory time off shall be accrued at the rate of one and one-half (1 -1/2) times the actual authorized overtime hours worked by the employee. d. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours. Once a one hundred twenty (120) hour balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one hundred twenty (120) hours. WCE - 34 - 1999-2002 MOU SECTION 7 - OVERTIME & COMPENSATORY TIME e. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D. above, accrued compensatory time off balances may not exceed one hundred twenty (120) hours. f. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his or her designee. g. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time off balance will be carried forward with the employee. h. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the WCE - 35 - 1999-2002 MOU SECTION T- OVERTIME & COMPENSATORY TIME class from which the employee is promoting, demoting or transferring as set forth in i. below. i. Since employees accrue compensatory time off at the rate of one and one-half (1 -1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances will be paid off at the straight time rate (two-thirds (2/3) the overtime rate) for the employee's current salary whenever: 1 . the employee changes status and is no longer eligible for compensatory time off; 2. the employee promotes, demotes or transfers to another department; 3. the employee separates from County service; 4. the employee retires. j. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.3 Fair Labor Standards Act provisions. The Fair Labor Standards Act as amended, may govern certain terms and conditions of the employment of employees covered by this MCU. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effect or agreed upon. It WCE - 36 - 1999-2002 MOO SECTION 8 - CALL-BACK TIME is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of computing overtime, overtime pay, and compensatory time off entitlements or use, must be changed to conform with the Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this MOU but shall be subject to modification by the County to conform to the Federal Law without further meeting and conferring. The County shall notify the Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications. SECTION 8 - CALL-BACK TIME Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1 ) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. SECTION 9 - ON-CALL DUTY On-call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange so that his/her superior can reach him/her on ten (10) minutes notice or less. An employee assigned to on-call time shall be paid one (1 ) hour of straight time credit for each four (4) hours on such on-call time unless otherwise provided in WCE - 37 - '1999-2002 MOU SECTION 10 - SHIFT DIFFERENTIAL the supplemental sections of this Agreement. Where on- call arrangements exist, the appointing authority shall designate which employees are on-call unless otherwise provided in the supplemental sections of this Agreement. SECTION 10 - SHIFT DIFFERENTIAL In the hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate. 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:O0 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 wCE - 38 . 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF 8 REASSIGNMENT disability as provided above for the first thirty (34) calendar days of each absence. 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 classification(s) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. WCE - 39 - 1999-2002 MOU SUCTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT e. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). f. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team (TET) program to: 1 . Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. when it appears to the Department Head and/or Labor Relations Manager that the Board of WCE - 40 . 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Manager shall notify the Council of the possibility of such layoffs and shall meet and confer with the Council regarding the implementation of the action. 11 .2 Separation Through Layoff. A. Grounds for Layo- Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. order of Laff. 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, WCE - 41 - 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 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 Displace. 1 . Permanent-intermittent and permanent part- time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority 1 ) in the same class or, 2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. WCE . 42 - 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 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. Seniorit . An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent (5%) of the former class, as provided in Section 305.2, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been WCE - 43 . 1999-2002 MOU __,::: _..,.:::::m ....... SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 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 on the layoff list for the class of positions from which that person has been removed. wCE - 44 - 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement or who have transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different 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. 1. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a request for personnel is WCE - 45 . 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of Names from Reemployment & Layoff Lists. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below: 1 . For any cause stipulated in Section 404.1 of the Personnel Management Regulations. 2. On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. WCE - 46 - 1999-2002 MOU SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 4. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. 5. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 6. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. 7. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of dames 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 WCE - 47 - '1999-2002 MOU SECTION 11 .. SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT written notice of certification mailed to the person's last known address. 11 .3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 11 .4 Special Employment Lists. The County will establish a TET Employment Pool which will include the names of all laid off County employees. Special employment lists for job classes may be establshed 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 WCE - 48 - 1999-2002 MOU SECTION 12- HOLIDAYS when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. 11 .6 Further Study. The County agrees to meet with the Labor Coalition for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 - HOLIDAYS 12.1 Holidays Observed. The County will observe the following holidays: A. January 1 st, known as New Year's Day Third Monday in January known as Dr. Martin Luther King, Jr. Day Third Monday in February, known as presidents` Day The last Monday in May, known as Memorial Day July 4th known as Independence Day First Monday in September, known as Labor Day November 11 th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Each full time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-tenth (1/10) hour, and preference of personal holidays shall be given to employees according to their seniority in their department as WCE - 49 - '1999-2002 MOU SECTION 12- HOLIDAYS reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit beginning January 1 , 1988. On separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. 12.2 Application of Holiday Cry i . The following provisions indicate how holiday credit is to be applied: a. Employees on the five (8) day Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule. C. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit and unless otherwise provided for in other Sections of this Agreement. d. If any holiday listed in Section 12.1 .A. above, falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section wCE . 50 - 1999-2002 MOU SECTION 12- HOLIDAYS 12.1 .A. falls on a Sunday, it shall be celebrated on the following Monday. For employees in positions assigned to units or services on a shift operational cycle which includes a Saturday or Sunday as designated by the appointing authority (rather than Monday through Friday eight (8) hours per day or a designated 4110 or 9/80 schedule) holidays shall be observed on the day on which the holiday falls regardless if it is a Saturday or Sunday. 12.3 Permanent Part-Time EmD!oyQps. Permanent part-time and permanent-intermittent employees who work on a holiday shall receive overtime pay or compensatory time credit for all hours worked, up to a maximum of eight (8)• 12.4 4/10 Shift Hol days. A. Holiday .Shift Pay. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday for the first eight (8) hours worked, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. WCE - 51 - 1999-2002 MOu SECTION 12 - HOLIDAYS 12.5 9/80 Shift Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. S. Absence on Holiday. The maximum time charged to sick leave, vacation, or leave without pay on a holiday shall be one (1 ) hour. 12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: a. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (,July 1 through June 80) or the remainder thereof. b. Employees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved will be paid overtime unless they specifically request in wCE - 52 - 1999-2002 MOU SECTION 13 - VACATION LEAVE writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. d. Accrued holiday credit may not be accumulated in excess of two hundred eighty-eight (288) working hours, exclusive of regular vacation accruals. After two hundred eighty-eight (288) hours, holiday time shall be paid at the rates specified above. e. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the department head. f. Accrued holiday credit shall be paid off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. SECTION 13 - VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals WCE - 53 - 1999-2002 Mou SECTION 13 - VACATION LEAVE 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 5.6 — Compensation for Portion of M .nth of this MOU. Vacation credits may not be taken during the first six (6) calendar months of employment (not necessarily synonymous with probationary status) except where sick leave is exhausted, and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation may betaken in increments of 1/10 hour. 13.2 placation Accrual Rates. The rates at which vacation credits accrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative Length of Service Fours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11 -1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 10 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 20 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. WCE - 54 - 1999-2002 MOU SECTION 13 - VACATION LEAVE 13.3 Bridging of Service. Employees who are rehired and have their service bridged in accordance with the provisions of this MOU shall have their prior service time count toward longevity accrual. 13.4 Accrual luring Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.5 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 13.6 Preference. Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible unless otherwise provided in the supplemental sections of this Agreement. 13.7 Vacation Leave on Reemplovment 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. WCE - 55 . 1999-2042 MOU s�crIow 14 - sic LEAVE SECTION 1 - 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 andCharges Against Sick Leave. Sick leave credits accrue at the rate of eight (6) working hours credit for each completed month of service, as prescribed by County Salary Regulations. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minute) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of lay off eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one wcE - 56 . 1999-2002 Mou SECTION 14 - SICK LEAVE day of retirement service credit for each day 'of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner 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: Any person employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations and memoranda of understanding. Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical WCE - 57 . 1999-2002 MOU SECTION 14 - SICK LEAVE 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 111ness or Iniury 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. WCE . 58 - 1999-2002 MOU SECTION 14 - SICK LEAVE 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1 . Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work WCE - 59 - 1999-2002 MOU SECTION 94 - SICK LEAVE performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating 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: WCE - 60 - 1999-2002 MOU SECTION 14 - SICK LEAVE 1 . For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for pre-scheduled medical and dental appointments for an immediate family member. f. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. L Accumulated paid sick leave credits may not be used in the following situations: WCE - 61 - 1999-2002 MOU SECTION 14 - SICK LEAVE 1 . Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: a. Employee Responsibilities. 1 . Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. WCE - 62 - 1999-2002 MOU ................. SECTION 14 - S/CK LEAVE 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1 ) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: WCE - 63 - 1999-2002 MOU SECTION 14 - SICK LEAVE 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. 'hese inquiries shall be subject to any restrictions imposed by the employee under Section 14.4.x. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. Obtaining the employee's written statement of explanation regarding the sick leave claim. 4. Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5. In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission wCE - 64 - 1999-2002 MOU ........... ..._.. _. SECTION 94 - SICK LEAVE of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An 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 conditions present in an employee which endanger the health or safety of the employee, other employee's, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and wCE - 65 - 1999-2002 MOU SECTION 14 - SICK LEAVE on the employees paid time a physical, medical examination by a licensed physician 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. 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 wCE . 66 - 1999-2002 MOU .................................................. ........... SECTION 94 - SICK LEAVE employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in accordance with appropriate provisions of this MCU. 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 WCE - 67 - 1999-2002 MOU ................... ............ SECTION 14 - SICK LEAVE notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally 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 WCE - 68 - 1999-2002 MOU SECTION 94 - SICK LEAVE to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1 . the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employees 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 Beard, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized WCE - 69 . 1999-2002 MOU SECTION 14 - SICK LEAVE specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. 1 . The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. 14.6 Workers' Compensation. A permanent non- safety employee shall receive eighty-six percent (86%) of regular monthly salary for all accepted claims filed with the County on or after January 1 , 2000. A. There is a three calendar day waiting period before Workers' Compensation benefits WCE - 70 - 1999-2002 MOU SECTION 14 - SICK LEAVE commence. If the injured worker loses any time on the day of the injury, that counts as day one of the waiting period. If the injured worker does not lose time on the date of the injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. 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. A permanent employee shall continue to receive 86% of regular monthly salary during any period of compensable temporary disability not to exceed one year. "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 by this Section shall terminate. 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. WCE - 71 . 1999-2002 MOU SECTION 14 - SICK LEAVE Employees shall be entitled to a maximum of one (1 ) year of continuing pay benefits for any one injury or illness. B. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary, or until one (1 ) year of continuing pay, whichever comes first provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers' Compensation benefits as prescribed by Workers' Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits. 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. WCE - 72 - 1999-2002 MOU SECTION 14 - SICK LEAVE C. Full Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one year, full salary will continue by integrating sick leave and/or vacation accruals with workers' compensation benefits. If salary integration is no longer available, workers' Compensation benefits will be paid directly to the employee as prescribed by workers' Compensation laws. 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 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. 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. F. Method of Integration: An employee's sick leave and/or vacation charges shall be calculated as follows: wCE - 73 - 1999-2002 MOU SECTION 94 - SICK LEAVE C - 8 [1 - (W -.- S)] C = sick leave or vacation charge per day (in hours) W = statutory workers' compensaticl for a month S = monthly salary 14.7 Coordination of Benefits. It is understood that the benefits specified above in this Section 14 shall be coordinated with the rehabilitation program as determined by the labor/management committee. 14.8 Accrual During Leave Without Pa No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.9 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one (1 ) representative from each employee organization and four (4) management representatives to review and recommend to the Director of Human Resources the feasibility of implementing a self- funded and self-administered disability insurance program. 14.10 Sick Leave Coalition. The County agrees to meet and confer with a coalition of employee organizations, including this council, to revise the County- wide Sick Leave Policy. Such meet and confer sessions shall take place during the term of this MCU. 14.11 Confidentiality._ of Information/Records. Any use of employee medical records will be governed by the WCE - 14 . 1999-2002 MOU SECTION 15 - CATASTROPHIC LEAVE BANK Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). SECTION 15 - CATASTROPHIC LEAVE BANK 15.1 Program Design. The County Human Resources Department will operate 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-term major physical impairment or disability which manifests itself during employment. 15.2 Ooeration. The plan will be administered under the direction of the Director of Human Resources. The Human Resources Department will be responsible for WCE - 75 . 1999-2002 MOU • . ! ! ! ! • i 1w ! !40 • • 10 do 40 or Ar lw 10 . . • _ i R R � � ` SECTION 15 - CATASTROPHIC LEAVE BANK percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. 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 (5) 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, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the WCE - 77 - 1899-2002 MOU SECTION 16- LEAVE OF ABSENCE 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 (1 4) 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. SECTION 16 - LEAVE OF ABSENCE 16.1 Leave Without Pak. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 16.2 General Administration - Leave of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: WCE - 78 . 1999-2002 MOU ........................ SECTION 16 - LEAVE OF ABSENCE 1 . Illness, disability or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; 4. to take a course of study such as will increase the employee's usefulness on return to the 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 WCE - 79 . 1999-2002 MOU , - ■ � - _ ■ ' e ■ , . e e _ f ® e � � . . � . $ $ . _ . e , e - - ■ _ 'e � ® $ , e e ° - � - ' fe ■ . � ® _ e , - _ . e e ■ e � e - � . , - e - . e � e , ■ e e , e seee - - e . ■ - e _ - $ � e - e ■ e e � ® e - . _ - e - � C $� � e . - f ■ - e , _ ® e ' ■ _ e - 0 _ . e IV e ^ f . ■ . - e e . - � - � .e ■ . ■ - ef ■ e f � ■ ee e , . e . ■ e _ e e . $ - e - � � e � _ - ■ . , . - . � @ - . # - . ■ � . .e , e e e - . e � e - , ■ e ` • . . , . , � , . , - � . ■ - e \ - e . e . ' , e e e _ e � , ■ e e ■ , . $ ee � f . - ' # ® e . ■ e _ ■ e e e _ e ® � � . - e , e ' - . e ■ _ $ e _ » . ■ 2 - , - $ _ e _ e , e - e - so ee - e ® , ■ - e _ e - - ` e ■ , , � e ■ - 2 ■ ® , <' e we ' f . $ e , : z ; i - ' f ! . ■ � . e SECTION 16 - LEAVE OF ABSENCE the portion of the month worked computed in accord with Section 5.6 -Compensation for Portion of Month of this MOU. Full time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday, and any other payroll computed accruals computed as though they had worked the furlough time. When computing vacation sick leave, floating holiday, and other accrual credits for employees taking furlough time, this provision shall supersede Section 13.4 — Accrual During Leave without Pay, Section 14.2 — Credits to & Charges Against Sick _ Leave, Section 14.8 — Accrual During Leave Without Pav, and Section 16.1 — Leave without Pav, of this MOU regarding the computation of vacation, sick leave, floating holiday, and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor- Controller. The existing VTO program shall be continued for the life of the contract. 16.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence in accordance with applicable federal or state laws. Upon the termination of such service or upon honorable WCE - 81 - 1999-2002 MOU - - -.. .. .. ... .. . . . . ... . . . . .... .... . . . ■ � eT - ® e ■ - ® � e - f ' e e ' e � . _ � , , ■ @ - - . $ - - e , ' ■ e - e eop ■ e e � e _ ■ ® . - , - a , Iv w ea - _ . e e © , e . - ® . l f � ■ e low e - � . - e , � - e , � � $ _ , . $ ■ - _ @ - $ ® @ - e 2 - ■ - - - - e - - - ■ , e eIve ■ e $ - e e $ e .. ' . e _ ° - ■ , 2 e ^ e e e e e , . e . _ � ■ e - e e - - $ , - e , e ■ - e ® - e - e e . . . ' e � �- ■ e ' e , - e � - - e e e e , e - $ - � ■ - ° � ■ e . e , , m . - ' ■ e . - , e ® ■ ■ ® e - e e ® fee - - . ee ■ e . ; , . , - . , ■ . ■ SECTION 16 - LEAVE OF ABSENCE b. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 16.6 Intermittent Use of Leave. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 16.12 below. when paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 16.7 Aggregate-- Use for Spouse. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks during each calendar year period. Employees wCE - 83 . 1999-2002 MOU SECTION 16 - LEAVE OF ABSENCE requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 16.8 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a stepparent, 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 WCE - 84 - 1999-2002 MOU _.__.. _._... . ..................... SECTION 16 - LEAVE OF ABSENCE hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law. f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 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. wCE - 85 - 1999-2002 MOU SECTION 16 - LEAVE OF ABSENCE g. Certification for Medical- Leave; A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to 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. WCE - 86 - 1999-2002 Mott ................................................................................... SECTION 16- LEAVE OF ABSENCE 16.9 Pregn,�ancv Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.D - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18) week family care leave period. 16.10 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 16.12. During the eighteen (18) weeks of an approved medical or family care leave under Section 16.6 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 16.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 16.11 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3 - .Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence WCE . 87 - '1999-2002 MOU -.._.. a i i " • # ' # i • it . ...... ..... ......................... SECTION 16 - LEAVE of ABSENCE maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. 16.12 Leave of Absence Replacement & Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 .. Seniority. workforce Reduction. Layoff. & Reassignment Seniority shall apply. 16.13 Reinstatement From Familv Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, wCE - 89 - 1999-2002 Mau SECT/ON 96 - LEAVE OF ABSENCE the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 16.14 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 16.15 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action. 16.16 Non-Exclusivity. Other MCU language on this subject, not in conflict, shall remain in effect. WCE - 90 . 1999-2002 MOU ............................................................................. SECTION 17 - JURY DUTY AND WITNESS DUTY SECTION 17 - JURY DUTY AND WITNESS DUTY 17.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. 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. When an employee is summoned for jury duty selection or is selected as a juror in a Municipal, Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a WCE - 91 - 1999-2002 MOU SECTION 97- JUDY DUTY AND WITNESS DUTY department record. No "Absence/Overtime Record" is required. b. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/overtime Record" must be submitted to the department payroll clerk. 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. 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. 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. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. WCE - 92 - 1999-2002 MOU SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 17.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 17.1 of this MOU. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 18.1 County Programs. The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage through [december 31 , 1999 to all permanent employees regularly scheduled to work twenty (20) or more hours per week. Effective January 1 , 2000, the County will offer Group Benefit Programs for medical, dental and life insurance coverage WCE - 93 - '1999-2002 MOU M Lei • ! • f i f w • ! w w ! f ur ! ! � ! � ` �e ! . ! ! . ` • • ` • • ` . ! SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE Security payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 18.4 Partial Month. The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus covered by the health plan for the month in which compensation is paid. 18.5 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 wcE - 95 - 1999-2002 MOU 0 op f ` I ` f ` • • • • ' • # 7 I # # f ' # iI • i • • I 11 • M • f f ! I f � ` w Jt • lw . . 40 10 a 111 ! ! 10w SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE participate in meeting scheduled by PERS Long Term Care on County facilities during non-work hours. (i.e.: coffee breaks, lunch hour). 18.10 Deferred Retirement. Effective two (2) months following an approved agreement, employees who resign and file for a deferred retirement may continue in their County group health and dental pian; 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) WCE - 98 - '1999-2002 MOU SECTION 18 - HEALTH AND WELFARE, LIFE AND DENTAL CARE days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental pian group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the eleventh (11 t") 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. wCE - 99 - 1999-2002 Alloy SECTIONS 19 - PROBATIONARY PERIOD e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four (24) months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 18.11 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kid's at Work" program established in the Public Works Department. SECTION 19 - PROBATIONARY PERIOD 19.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall be from 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. 19.2 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 'VCE - 100 - 1999-2002 MOU SECTION 19 - PROBATIONARY PERIOD 19.3 Criteria. The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a nine (9) month probation period, probation will be considered completed upon serving fifteen hundred (1500) hours after appointment except that in no instance will this period be less than 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. 19.4 Resection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from Rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political or religious affiliations or opinions, Council activities, or race, color, national origin, sex, age, disability, or sexual orientation. wCE - 101 - 1999-2002 MIOU owe 0 - 04 • s • s • - - r • • - . - - • • • • • a a • • • ......... ......... ................_. _ SECTION 19 - PROBATIONARY PERIOD services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MOU, without notice and without right of appeal or hearing except as provided in Section 19.4.A. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the MOU, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. 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. WCE - 103 - 1999-2002 MOU • " ' • *71160 • 1 ! # - # ! f op a IV dr 410 NP l ` # # ` ! # # # ` # # s # ` or # # # f ............................................................................ _..... SECTION 20- PROMOTION appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period of subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 20 - PROMOTION 20.1 Competitive Exam. promotion shall be by competitive examination unless otherwise provided in this MOU. 20.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 20.3 Open Exams. If an examination for one of the classes represented by the Council is proposed to be announced on an open only basis the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Council to discuss the reasons for such open announcement. 20.4 Promotion Via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his position WCE - 105 - 1999-2002 MOU ................................... SECTION 20- PROMOTION reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1 ) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Human Resources Director. e. The Council approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 20.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated WCE - 106 - 1999-2002 MOU SECTION 21 - TRANSFER from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 20.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 20.7 Physical Examinations. County employees who are required as part of the promotional examination process to take a physical examination shall do so on County time at County expense. SECTION 21 - TRANSFER 21 .1 Conditions. The following conditions are required in order to qualify for transfer: a. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate WCE - 107 - '1999-2002 MOU SEC77ON 29 - TRANSFER for transfer on the basis of minimum qualifications and qualifying procedure. b. The employee shall have permanent status in the merit system and shall be in good standing. C. The appointing authority or authorities involved in the transaction shall have indicated their agreement in writing. d. The employee concerned shall have indicated agreement to the change in writing. e. The Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 21 .2 Procedure. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefor. The Director of Human Resources shall if he or she considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. WCE - 108 - 1999-2002 MOU SECTION 22 - RESIGNATIONS SECTION 22 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 22.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 Constructive Resignation. A constructive resignation occurs and is effective when: a. An employee has been absent from duty for five (5) consecutive working days without leave, and; b. Five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. C. Employees working a 4/10 schedule shall have constructively resigned if four (4) days elapse as INCE - 109 - 1999-2002 MOU SECTION 22 - RESIGNATIONS provided in "a" above followed by four (4) more days as provided in "b" above. 22.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 22.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 22.5 Coerced Resianations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have wCE - 110 - 1999-2002 MCS ! SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24 — Grievance Procedure of the MOU beginning with Step 3. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 23 - DISMISSAL. SUSPENSION. TEMPORARY REDUCTION IN PAY, AND DEMOTION 23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily reduce the pay of, or demote any employee for cause. A temporary reduction in pay is not to exceed more than five percent (5%) for a period of three (3) months. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension, reduction in pay, or demotion may be based on reasons other than those specifically mentioned: WCE - 111 - 1999-2002 MOU SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system into disrepute, d. disorderly or immoral conduct, e. incompetence or inefficiency, f. insubordination, g. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty (i.e. non-performance of assigned responsibilities), i. negligent or willful damage to public property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, k. willful violation of any of the provisions of the merit system ordinance or Personnel Management regulations, WCE - 112 - 1999-2002 MOU SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION I. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness, q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend, for more than five (5) work days (four (4) work days for employees on 4/10 work week), reduce the pay of, or demote an employee, the appointing authority shall cause to be served WCE - 113 - 1999-2002 MOU SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges, including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. 23.3 Employee Reser. 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. wCE - 114 - 1999-2002 MOU SECTION 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION 23.4 Leave Fending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 23.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 23.6 Procedure on Dismissal, Suspension Temporary Reduction in Pay-, or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee having permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, temporarily reduced in pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon WCE - 115 - 1999-2002 MOU i i " 1 ii ' I i � ! ' i • "' Iii ' . ii .. i i • � i i ' i i i • . i i i i i i ' i i Nil . i . iI • • I i i i s i i ' I ! � ! . i I I I i A A i i I i i ! • i I i Z41 3 Em ! ;w". ! I i i • ' i i i Iii i • i i 0 0 i i i • SECTION 24 - GRIEVANCE PROCEDURE provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Council may represent the employee at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner: 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. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress the grievant seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten (10) WCE - 117 - 1999-2002 MOU SECTION 24 - GRIEVANCE PROCEDURE workdays 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. SteI2 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) Council representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Council presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. where the parties agree, the Adjustment Board may be comprised of two (2) Council representatives and two (2) County representatives. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (10) work days of receipt of the original request. WCE - 118 - 9999-2002 MMU SECTION 24 - GRIEVANCE PROCEDURE This step of the grievance procedure may be waived by the written mutual agreement of the parties. to 5. If an Adjustment Board is unable to arrive at a majority decision, either the grievant (or the County, when alleging a violation of Section 24.61 below) may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty (20) workdays of the rendering of the Adjustment Board decision. Within twenty (20) days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 24.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make wcE _ 119 - 1999-2002 MOU SECTION 24 - GRIEVANCE PROCEDURE recommendations on any dispute unless such dispute involves a position in a unit represented by the Council which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Step 1 above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Human Resources Director in pursuance of the procedures outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4 above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. E. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Boards or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Council. WCE - 120 - 1999-2002 MOU SECTION 24 - GRIEVANCE PROCEDURE 24.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 24.4 Council Notification. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Council in the grievance, shall give the Council a copy of the grievance. 24.5 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than six (6) months from the date upon which the complaint was filed. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Council. WCE - 121 - 1999-2002 MOU . i R ! !. . • ! ! `" Wil ,. ! ! ! ! SECTION 25 - RETIREMENT SECTION 25- - RETIREMENT 25.1 . Contribution. Pursuant to Government Code Section 31581 .1 , the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share. The County will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. 25.2 Tier III. Subject to the enactment of enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier II employees to elect a Tier Ill Retirement Plan under the following conditions: 1 . The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier III, from and after the date of implementation, shall be the same as Tier 1. The disability benefits for Tier III shall be the same as the current Tier II disability provisions. WCE - 123 - 1999-2002 MOU SECTION 25 - RETIREMENT 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4. Employees represented by the Labor Coalition and its member employee organizations (herein referred to as "Labor Coalition") enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (5) 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 11 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 11 membership shall: 1 . be funded by reducing the general wage increase agreed upon to be effective October 11 1997, and the pay equity amounts WCE - 124 - 1999-2002 MOU SECTION 25 - RETIREMENT attributable thereto, by a percentage sufficient to reduce the County's wage obligation by $3 million dollars year; and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and 2. in the event the County's costs attributable to the creation and operation of Tier III exceed $3 million per year or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and 3. in the event the County's costs attributable to the Tier III Retirement Plan are less than $3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been WCE - 125 - 1999-2002 MOU SECTION 25 - RETIREMENT invested in the first month of the past year, two twelfths in the second month of the past year and so forth; and 4. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier 111; and 5. County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue 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 Flan, 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 WCE - 126 - 1999-2002 MOU SECTION 25 - RETIREMENT Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. 6. a. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. b. Board of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1 %) wage increase shall be implemented by the County effective October 1 , 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. 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. WCE - 127 - '1999-2002 MOU ................................... SECTION 28 - TRAINING REIMBURSEMENT 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 Flan shall expire and a one percent (1 %) lump sum wage increase shall be implemented by the County within sixty (60) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1 , 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. SECTION 26 - TRAINING REIMBURSEMENT The County Administrative Bulletin on Training shall govern reimbursement for training and shall limit reimbursement for career development training to $650 per fiscal year, except as otherwise provided in the supplemental sections of this MOU. Registration and tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee's net cost. Books necessary for courses taken for career development education may be reimbursed for up to one hundred percent (100%) of the employees net cost. SECTION 27 - MILEAGE REIMBURSEMENT A. Reimbursement for Use of Personal Vehicle. The mileage allowance for use of personal vehicles WCE - 128 - 1999-2002 MOU SECTION 28 - PERSONNEL FILES 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 first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. B. Char e for Use of Home Garaged Count Vehicle. Employees hired after July 1 , 1994 who are assigned vehicles to garage at home will be charged the IRS mileage rate for all commute miles driven outside the limits of Contra Costa County tlihat exce-d thirty (30) miles round-trip in any one day. SECTION 28 - PERSONNEL FILES An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department or in the employee's personal history file in their department. The employee's union representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee's union representative, for inspection and review at WCE - 129 - 1999-2002 MOU f a # so ! ' i # R ! # OF i ' i i # i # i # R • • ' i i ' i ' # # # ,. a R i # R R i f " ' f f • SECTION 29 - PROFESSIONAL DEVELOPMENT personnel fife with specific written authorization from the employee. SECTION 29 - PROFESSIONAL DEVELOPMENT 29.1 Professional Development Reimbursement. Each full-time employee shall be eligible to claim up to $275 per year for professional development during the duration of this MOU. For each two (2) year period, starting January 1 , 1994, eligible employees will be allowed reimbursement under this Section to a total of $550 . Effective January 1 , 2000, each full-time employee shall be eligible to claim up to $325 per year and will be allowed reimbursement under this Section to a total of $550 for each two (2) year period. Allowable expenses include the following activities and materials directly related to the profession in which the individual is engaged as a County employee: a. Membership dues to professional organizations. b. Registration fees for attendance at professional meetings, conferences, and seminars. C. Books, journals, and periodicals. d. Tuition and textbook reimbursement for accredited college or university classes. WCE - 131 - 1999-2002 MOU SECTION 29 - PROFESSIONAL DEVELOPMENT e. Professional license fees required by the employee's classification. f. Application and examination fees for registration as a professional engineer, architect, or engineer- in-training. g. Certain job-related instruments, computer software and computer hardware from a standardized County approved list or with Department Head approval, provided each Engineer complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors and manuals. Exclusions: Items specifically not authorized for purchase with these funds include, but are not necessarily limited to the following: a. Health program memberships and physical fitness equipment. b. Equipment or supplies not specifically required for or directly related to participation in a professional conference, seminar or workshop. C. General office supplies. d. Magazine subscriptions, newspapers, periodicals, or journals or general circulation such as Time, Newsweek, Press Democrat Newspaper, etc. wCE - 132 - 1999-2002 MOU SECTION 30 - FLEX-TIME e. Time planners or calendar-type books. 29.2 Continuing Education Allowance. Employees in classifications represented by the Western Council of Engineers shall be eligible to receive a 2.5% Continuing Education Allowance effective the first of the month following adoption of the Memorandum of Understanding by the Board of Supervisors. The employee must annually complete at least sixty (60) hours of approved education or training or at least three (3) semester units of department approved college credit or approved combination thereof. 29.3 Professional Examination Time Off. Effective July 1 , 1992 employees will be permitted, one time only during their career with the County, to be granted release time with pay to participate in any part of the examination for Professional Engineer, Land Surveyor or Architect. Specific language to be developed. SECTION 30 - FLEX-TIME It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to the Professional Engineers Unit as well as other County employees. Nothing contained in this MOU prohibits the Department Head from implementing a flex-time system for employees in the Professional Engineers Unit. The Department Head, prior to implementation, shall discuss the implementation of any flex-time system involving employees represented by the Western Council of Engineers with the Council. Then the department shall determine if said flex-time is feasible WCE - 133 - 1999-2002 MOU lw r • • • ! ` ` • w • • ! • • ! . ` ! • ! • f ` ` ! • • • • f - 0 ! • ` • • . ' ' • f ' • . . • r � f • r s r � � r w ! ! ` • so • # ` ' • • # ` ! ' # ! • ` ! . • ` • f • . • ` ., • ! r w • r f • r ! • w � .. • do lw ' " ' 1 1 • SECTION 33 - SERVICE AWARDS employees will be allowed reimbursement for the purchase and repair of safety shoes up to a maximum of two hundred twenty five dollars ($225). There is no limitation on the number of shoes or number of repairs allowed. The County will reimburse eligible employees for up to one (1 ) pair per year of prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by the County. ECTION 33 - SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply: a. 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 mare arrangements for the presentation ceremony before the Beard of Supervisors and notify the department as to the time and date of the Board meeting. b. Service Award Clay Cuff. Employees with fifteen (15) or more years of service are entitled to take a day off with pay at each five (5) year anniversary. WCE - 135 - 1399-2002 MOU SECTION 34 - REIMBURSEMENT FOR MEAL EX'P'ENSES SECTION 34 - REIMBURSEMENT FOR MEAL. EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. e. When the employee is required to work three (3) or more hours of overtime, in this case he or she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. WCE - 136 - 1999-2002 MOU SECTION 35 - PERSONAL PROPERTY REIMBURSEMENT Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 35 - PERSONAL PROPERTY REIMBURSEMENT The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. Ordinary wear and tear of personal property used on the job is not compensated. 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. WCE - 137 - 1999-2002 MOU SECTION 35 - PERSONAL PROPERTY REIMBURSEMENT e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to employees eyeglasses, dentures or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers' compensation. h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. i. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. wcE - 138 - 1999-2002 MOU SECTION 36 - LENGTH OF SERVICE DEFINITION SECTION 36 - LENGTH OF SERVICE DEFINITION The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in his department. SECTION 37 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full time. If the employee works at least fifty percent (50%) of full time, County retirement participation is also included. WCE - 139 - 1999-2002 MOU SECTION 38 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS SECTION 38 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 39 - PERMA►NENT-INTERMITTENT EMPLOYEE HEALTH PLAN 39.1 A permanent-intermittent employee represented by western Council of Engineers may participate in the County Group Health Plan of combined medical, dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be -responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. 39.2 Effective one hundred and twenty (120) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: a. Proar_am. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent (04%) of the cost of the premium for a single individual, WCE - 140 - 1999-2002 MOU SECTION 39 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN to those permanent-intermittent employees who meet and maintain eligibility. b. Eli , icbility. Initial eligibility shall be achieved when an employee has worked three (3) continuous months of service at an average of fifty percent (50%) time per month. In order to maintain eligibility, a permanent-intermittent employee must remain in paid status during each successive month. C. Pre-Eay. Employees who have achieved eligibility under the terms of 39.2b will pre-pay the employee's portion of the premium cost so that the effective date of enrollment begins effective the first of the month of eligibility. Employees must continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition, employees who meet the eligibility requirements and who have been voluntarily paying for a county group health program shall be allowed to enroll in CCHP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in c. above for payment for this optional coverage. e. Implementation. There shall be a sixty (60) day Open Enrollment period with the initial date of WCE - 141 - 1999-2002 MOU .............................. SECTION 40 - PROVISIONAL EMPLOYEE BENEFITS coverage effective August 1 , 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001 . Permanent-intermittent employees who are not currently eligible, but who subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance with the procedures set forth by the Contra Costa County Health Plan. Nothing in Section 39.2 shall prevent an employee from electing health coverage under either Section 39.1 or Section 39.2 SECTION 40 - PROVISIONAL EMPLOYEE BENEFITS Provisional employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Provisional employees. may participate in the County Group Health Plan of combined medical, dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's monthly WCE - 142 - 1999-2002 MOU SECTION 41 - RE GIS TRA TION DIFFERENTIAL premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. SECTION 41 - REGISTRATION DIFFERENTIAL The County agrees to pay a thirty dollar ($30) per month salary differential to all incumbents of Assistant Architectural Engineer positions who possess a valid California Certificate of Registration as a Civil Engineer, Mechanical Engineer, Electrical Engineer or Architect. SECTION 42 - MALPRACTICE COVERAGE The County's obligation to defend and indemnify its employees is prescribed by California Government Code Sections 825 et seq. and 995 et seq. This Section shall be enforceable only at law in accordance with the applicable law, but shall not be subject to the grievance provisions of this MOU. SECTION 43 - DEPENDENT CARE SALARY CONTRIBUTION Subject to the applicable provisions of the Internal Revenue Service, employees may contribute up to five WCE - 143 - 1999-2002 MOU Oslee r • • • • i ! ♦ � f � � � r • s w . i SECTION 44 - SPECIAL STUDIES Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participation in their established wellness activities. Special emphasis will be placed on supporting major programs such as: Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health Fairs. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing certain point levels. The value of the prizes will increase with higher point values and one (1 ) grand prize will be awarded each year to the employee with the highest number of points. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspect of the Wellness Incentive Program. Referral. The parties agree to refer the contents of this proposal to the Wellness Committee for its consideration. 44.4 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 WCE - 145 - 1999-2002 MOU w w a I. 1 � � � � � , a • w # i a w a • s # • w w y # a s w • �. • w • ! w w # A � lb IV .. . • ` r � • ,. 40 • • • � • 10 dF • - • • - - .. i • • ' # • • # i ' _ _ w w # . • # i w • # • # ' ' • i � 40 OF Wo so 0 . • • # • f • f • # . • • # i • ♦ 4 ! R f f SECTION 48 - PAST PRACTICES & EXISTING MOU Department Head must be confirmed and approved by the Department Head within six (6) months from the below execution date of this MOU in order to be considered a past practice pursuant to this provision. DATE: A�IAIA CONTRA COSTA C U TY WESTERN COU CIL OF ENGINEERS WCE - 149 - 1999-2002 MOU ATTACHMENT A PROJECT POSITIONS The Western Council of Engineers and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which except for the project designation would be represented by Western Council of Engineers. For example, Assistant Architectural Engineer is represented by Western Council of Engineers, therefore, it has been agreed that Assistant Architectural Engineer-Project will also be represented by Western Council of Engineers. Other project classes that are not readily identifiable as properly included in bargaining units represented by Western Council of Engineers, shall be assigned to bargaining units in accordance with the provisions of Section 34-12 of Board Resolution leo. 8111185. The Council and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and therefore differs from other regular classes represented by Western Council of Engineers in the following respects: 1 . Project employees are not covered by the Merit System. 2. Project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without right of appeal or hearing or recourse to the grievance procedure specified herein. 3. Any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. .......................................... ...............................1.11,11".........'.,........... ----------- ATTACHMENT B WESTERN COUNCIL OF ENGINEERS CLASS & SALARY LISTING EFFECTIVE OCTOBER 1, 1999 PROFESSIONAL ENGINEERS UNIT (511 CLASS CLASS TITLE SALARY NEWA ASST ARCHITECTURAL ENG 3969 - 4824 NEW1 ASST ARCHITECTURAL ENG-PROJ 3969 - 4824 NXKC ENGINEER - ENTRY LEVEL 3901 - 4637 NKXD ENGINEER - JOURNEY LEVEL 4306 - 5650 NKXE ENGINEER - PROJ 5246 - 5791 EXHIBIT A LABOR COALITION—1999 NEGOTIATIONS ALL EMPLOYEE ORGANIZATIONS COUNTY COUNTER TO COAL! O N-0s, 3 6 3tS. I&A20 Presented: 09/209 Revised: 09/30/99 TENTATIVE AGREEMENT MEDICAL/DENTAULIFE INSURANCE ADJUSTMENTS COVERAGES 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, 2000 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 DENTAL PLAN SUBVENTION Effective January 1, 2000, the County subvention for Dental plans will be as follows: Delta Dental/CCHP A/B 98% PMI Delta Care/CCHP A/B 98% Delta Dental 78% PMI 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: QVIE-A rcupuncture No co-pay/10 visits per calendar year Outpatient Durable Medical Equipment No co-pay `I P B Acupuncture $5 co-pay/10 visits per calendar year Chiropractic $5 co-pay/20 visits per calendar year Outpatient Durable Medical Equipment No co-pay HEALTH NET HMO Chiropractic $10 co-pay/20 visits per calendar year Outpatient Durable Medical Equipment No co-pay KAISER Office, Emergency Room & Rx co-pays Increase co-pay from $3 to $5 Diabetic Testing Supplies No Co-pay Chiropractic $15 co-pay/20 visits per calendar year Outpatient Durable Medical Equipment No ccs-pay iELTA DENTAL PLAN ENHANCEMENTS Increase Annual Maximum from $1200 per member to: $1400 1/1/2000 $1500 111/2001 $1600 1/1/2002 QOMESTIC PARTNER Domestic Partner and dependents eligible to participate in health/dental coverage contingent upon meeting eligibility and enrollment requirements. L FE INSURANCE Effective January 1, 2000 increase coverage from $3000 to $7500 for employees enrolled in either a health and/or dental plan. HEALTH CARE OVERSIGHT COMMITTEE he Committee shall continue in its current format. OPEN 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, 2003 shall be dependent on the outcome of negotiations. PLAN MODIFICATIONS 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 Local 512 —Attachment B Local 535 R&F—Attachment D Local 535 Supv—Attachment C Local 2700—Attachment E CNA—Attachment C WCE--Attachment A 'ENTATIVE AGREEMENT Dated: J I lqq CONTRA C STA CO TY LABO 0ALITIO r _. ................................................................................................ SUBJECT INDEX Accrual of Holiday Time & Credit ................................................................52 Adoption .................................................................................................... 146 Advance Notice ................................................................... .. 14 ...................... AgencyShop .................................................................................................6 Anniversary Dates ....................................................................................... 19 Application of Holiday Credit .......................................................................50 Attendance at Meetings............................................................................... 17 Book Reimbursement................................................................................ 134 Bridgingof Service ......................................................................................55 Call-Back Time ............................................................................... ....37 Catastrophic Leave Bank ............................................................................75 ChildCare.................................................................................................. 100 Coerced Resignations ............................................................................... 110 Communicating With Employees ................................................................ 12 Compensation for Portion of Month ............................................................22 Compensatory Time ........................................................ Competitive Exam ........................................................................... ... 105 Confidentiality of Information/Records ........................................................74 Constructive Resignation .......................................................................... 109 Continuing Education Allowance............................................................... 133 Coordination of Benefits..............................................................................74 Council Dues Form...................................................................................... 10 Council Recognition ......................................................................................5 Council Representatives ............................................................................. 18 CouncilSecurity.............................................................................................6 Coverage During Absences ........................................................................95 Credits To & Charges Against Sick Leave..................................................56 Days & Hours of Work.................................................................................32 Deferred Retirement....................................................................................98 Demotion ........................................................................................ ...... 111 DentalCare .................................................................................................93 Dependent Care Salary Contribution ........................................................ 143 Disability ......................................................................................................65 Disability Insurance Review Committee......................................................74 Disciplinary Actions ................................................................................... 111 Dismissal ................................................................................................... 111 Distribution of Materials............................................................................... 15 DualCoverage.............................................................................................96 DuesDeduction .............................................................................................6 Duration of Agreement .............................................................................. 147 i - ........... Fair Labor Standards Act Provisions...........................................................36 Family Care Leave or Medical Leave..........................................................82 Filingby Council ........................................................................................ 122 FlexTime................................................................................................... 133 Furlough Days Without Pay.........................................................................80 General Wage Increases............................................................................. 19 GrievanceProcedure ................................................................................ 116 Group Health Plan Coverage ......................................................................87 Health & Welfare, Life & Dental Care..........................................................93 Health Care Spending Account...................................................................97 Holidays.......................................................................................................49 JuryDuty......................................................................................................91 Layoffs .........................................................................................................41 Layoff During Probation............................................................................. 104 Leaveof Absence........................................................................................78 Leave of Absence Replacement & Reinstatement .....................................89 LeaveWithout Pay .......................................................................................78 Leave Without Pay — Use of Accruals.........................................................87 Length of Service Definition ...................................................................... 139 Length of Suspension................................................................................ 115 LifeInsurance ..............................................................................................93 Maintenance of Membership....................................................................... 10 Malpractice Coverage ............................................................................... 143 Meal Expense Reimbursement................................................................. 136 MedicalLeave .............................................................................................82 MedicalCoverages......................................................................................93 MedicareRates ...........................................................................................94 MeritBoard ................................................................................................ 122 Mileage Reimbursement ........................................................................... 128 MilitaryLeave ..............................................................................................81 No Discrimination/ADA................................................................................ 16 Official Council Representatives ................................................................. 17 ©pen Exams.............................................................................................. 105 On-Call Duty ................................................................................................37 Overtime ......................................................................................................32 Part-Time Compensation ............................................................................22 Past Practices & Existing MOD's .............................................................. 148 Pay for Work in Higher Classification..........................................................28 ii Pay Warrant Errors......................................................................................31 Payment.......................................................................................................30 Permanent Part-Time Employees ...............................................................51 Permanent Part-Time Employee Benefits................................................. 139 Permanent-Intermittent Employee Benefits .............................................. 140 Permanent-Intermittent Employee Health Plan......................................... 140 PERSLong Term Care ...............................................................................97 Personal Property Reimbursement........................................................... 137 Personnel Files.......................................................................................... 129 Physical Examinations .............................................................................. 107 Position Reclassification..............................................................................23 Pregnancy Disability Leave.........................................................................87 Prescription Safety Eyeglasses................................................................. 134 Probationary Period................................................................................... 100 Professional Development Reimbursement.............................................. 131 PromotionPolicy........................................................................................ 105 Provisional Employee Benefits.................................................................. 142 Reassignment of Laid Off Employees.........................................................48 Reclassification Without Examination ....................................................... 105 Registration Differential ............................................................................. 143 Reinstatement from Family Care Medical Leave ........................................89 Rejection During Probation ....................................................................... 101 Rejection During Probation of Layoff Employee ....................................... 104 Resignations.............................................................................................. 109 Retirement................................................................................................. 123 SafetyShoes ............................................................................................. 134 SafetyEyeglasses..................................................................................... 134 Salaries........................................................................................................ 19 Salary Reallocation & Salary on Reallocation.............................................23 Salary Review While on Leave of Absence ................................................90 Scope of Adjustment Board & Arbitration Decisions................................. 119 Scope of Agreement & Separability of Provisions .................................... 146 SeniorityCredits ........................................................................................ 107 Separation Through Layoff..........................................................................41 ServiceAwards.......................................................................................... 135 ShiftDifferential ...........................................................................................38 Shift Holidays for 4/10 .................................................................................51 Shift Holidays for 9/80 .................................................................................52 SickLeave ...................................................................................................56 Skelly Requirements ................................................................................. 113 SpecialStudies.......................................................................................... 144 Strike/Work Stoppage ............................................................................... 122 Suspension................................................................................ ... 111 iii Temporary Reduction in Pay..................................................................... 111 Training Reimbursement...........................................................................128 Transfer ..................................................................................................... 107 Unauthorized Absence ................................................................................90 UnfairLabor Practice................................................................................. 148 Useof County Buildings .............................................................................. 13 VacationLeave............................................................................................53 Vacation Leave on Reemployment from a Layoff List ................................55 WeingartenRights..................................................................................... 116 Withdrawal of Membership.......................................................................... 12 WitnessDuty ...............................................................................................92 Workers' Compensation ..............................................................................70 WorkforceReduction...................................................................................39 Written Statement for New Employees ....................................................... 15 IV S M T W T F S* S" M T W T F M T W T F I 2 . 1 2 3 4 5 1 2 3 4 5 3 4 5 6 7 8 9 7 8 9 10 11 12 43 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 2b 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 29 30 31 31 S. 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M T W T F 1 2 1 2 3 4 5 1 2 3 3 4 5 6 7 8 9 7. 8 9 10 11 12 6 7 8 9 10 10 11 12 13 14 15 16 14' 15 16 17 18 19 13 14 15 16 17 17 18 19 20 21 22 23 2,1 22 23 24 25 26 20 21 22 23 24 2�� 24 25 26 27 28 29 •"30 2$ 29 30 27 28 29 30 31 31 m S M T W T F S S M T W T F M T W T F 1 1 2 3 4 1 2 3 2 3 4 5 6 7 8 6 7 8 9 10 11 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 13 14 15 16 17 i 16 17 18 19 20 21 22 26 21 22 23 24 25 226 21 22 23 24 23 24 25 26 27 28 29 27 28 29 " 27 28 29 30 31 3c 30 31 M T W T F S f2l M T W T F 8 M T W T F 1 1 2 3 4 5 1 2 .& 2 3 4 5 6 7 8 8 9 10 11 12 3 5 6 7 8 9 10. 9 10 11 12 13 14 15 15 16 17 18 19 °�0 12 13 14 15 16 16 17 18 19 20 21 22 22 23 24 25 26 ;7. 19 20 21 22 2323 24 25 26 27 28 29 29 30 31 26 27 28 29 30 30 S M T W T ..'F 5 SIM JT W T F S M T W T F S 1 1 2 3 4 1 2 3 4 5 6 7 9 6" 7 8 9 10 11 4 5 6 7 8 9 10 11 12 13 14 15 13 14 15 16 17 18 11 12 13 14 15 1 " 16 17 18 19 20 21 22 20 21 22 23 24 25 18 19 20 21 22 23 24 25 26 27 28 29 27 28 29 30 31 25 26 27 28 29 3a 31 S M T W T F S S M T W T F r M T W T F 1 2 3 4 5 6 7 1 2 3 1 8 9 10 11 12 13 44 S. 6 7 8 9 10 . 4 5 6 7 8 7S 16 17 18 19 20 21 12 13 14 15 16 17 11 12 13 14 15 'tb 22 23 24 25 2b 27 28 19 20 21 22 23 24 18 19 20 21 22 23 29 30 31 26 27 28 29 30 25 26 27 28 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 12 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17 21 22 23 24 25 26 27 1S 19 20 21 22 23 24 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 25 26 27 28 29 30 31 yY t S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 5 1 2 8 9 €0 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 29 30 27 28 29 30 31 24 25 26 27 28 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 r 8 9 10 11 12 13 14 5 6 7 8 9 10 Y1 2 3 4 5 6 7 8 15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 J 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 1301 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 € 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 M gal ,.. r S M T W 'T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 t! 12 13 4 5 6 ? 8 9 10 8 9 10 !t 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 26 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopt this Order on December 5. 2QQO by the following vote: AYES: Supervisors Gioia, Uilkema, DeSaulnier and Gerber NOES: None ABSENT: (District V Seat Vacant) ABSTAIN: None SUBJECT: Approval of Letter of Understanding } Resolution No. 2000/ 543 with IAFF, Local 1230 ) East Diablo Firefighters Unit ) 1. The East Diablo Fire Protection District has met and conferred with United Professional Firefighters, IAFF, Local 1230 -- East Diablo Firefighters' Unit and agreed upon wages, benefits and certain other terms and conditions of employment for the period January 1, 2000 through December 31, 2001 pending the completion of a comprehensive Memorandum of Understanding. 2. The County Administrator has submitted a Letter of Understanding dated November 1, 2000, a copy of which is attached hereto, which has been jointly signed by representatives of the East Diablo Fire Protection District and the Union and which summarizes said agreements noted above, and; 3. The Board having considered the Agreement, NOW THEREFORE: The Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the East Diablo Fire Protection District, RESOLVES THAT: Effective January 1, 2000, the Letter of Understanding with IAFF, Local 1230 East Diablo Firefighters' Unit attached hereto, is adopted. 1 hereby certify that this is a true and correct copy of an action taken and entered on the Orig. Dept.: Human Resources-Director minutes of ',e hoard of Supervisors on the date show . cc: Human Resources- Labor Relations ,Auditor-Controller(Payroll) Al TSS"i FD East Diablo Fire Protection District-Fire Chiefof S rv►5urs ,�y ;�, �r r r di'll,,;Svrator IAFF Local 1230—Mike lmpastato, Labor Represen ti e Deputy GA5owd\R®soNtIaML0U Roeolutbn IAFF 1230-CCC FD-2000.doc .,,Contra Human Resources C7Stcl . Department Administration Bldg. 651 Pine Street County Martinez, California 94553-1292 November 1, 2000 Mr. Mike Impastato, Labor Representative IAFF Local 1230 112 Blue Ridge Drive Martinez, CA 94553 RE: ECONOMIC TERMS AND CONDITIONS FOR IAFF, LOCAL 1230, EAST DIABLO FIREFIGHTERS' UNIT, 2000-20031 LETTER OF UNDERSTANDING Dear Mr. Impastato: This confirms agreement to submit this Letter of Understanding (LOU), outlining negotiated wage agreements and other economic terms and conditions of employment beginning January 1, 2000 through December 31, 2001, for approval by the Board of Supervisors. This letter expresses wage and benefit changes and other terms and conditions of employment, agreed upon between the East Diablo Fire Protection District (District) and the International Association of Fire Fighters, Local 1230 — East Diablo Firefighters' Unit. These agreements shall be implemented upon approval by the Board of Supervisors in its capacity as ex-officio Governing Board of the District 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 District employees represented by IAF'F, Local 1230 - East Diablo Firefighters' Unit are expressed in the last expired MOU subject to the terms of this Letter of Understanding. AGREEMENTS 1. GeneralWaae Increases. Classification Q1/01/00 07/Q1/01 Fire Captain M56 1688 ($2986) M56 1737 ($3136) Sr. Firefighter M56 1636 ($2835) M56 1685 ($2977) Firefighter- Paramedic M56 1615 ($2776) M56 1664 ($2915) Firefighter M56 1519 ($2522) M56 1568 ($2648) 2. Lump Sum Paye ent. A 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 January 1, 2000 through October 31, 2000. A. The January 1, 2000 increase will be paid retroactively in a lump sum payment to each employee from January 1, 2000 to October 31, 2000 without interest. B. The payment amounts thus computed will be paid as a "Lump Sum Payment" and will be subject to normal tax withholding and retirement deduction requirements. 3. Health Care, Effective as soon as it can be implemented, but no later than March 1, 2001, the District will provide health coverage for represented employees. Employees will be eligible to enroll in health plans administered by CaIPERS. The maximum District subvention rate for medical premiums will be the dollar equivalent of eighty-seven percent (87%) of the PERS Kaiser rate at each level (employee, employee +1, employee +2 or more). 4. Holiday Effective July 31, 2001, all floating holiday accrual balances will be zeroed out. Effective August 1, 2001, in lieu of Floating Holiday accruals, the District will observe the following holidays January 1 st, (known as New Years Day), July 4th, (known as Independence Day) Fourth Thursday in November, (known as Thanksgiving Day), December 25th, (known as Christmas Day). Shift employees (56 hours per week) shall receive twelve (12) hours of overtime credit for each holiday listed. 20F3 5. Tralnlna Reimbursement. Effective the first of the month following adoption of the Letter of Understanding by the Contra Costa County Board of Supervisors, the District will reimburse Incumbents in the classifications of Firefighter, Firefighter-Paramedic, Sr. Firefighter and Captain for the cost of tuition and books for up to two (2) training/educational courses per fiscal year. The courses must be identified by the District as required for promotion into the next higher classification and approved in advance. 6. Cali Back. Effective the first of the month following adoption of the Letter of Understanding by the Contra Costa County Board of Supervisors, the call back minimum will be increased from one (1) to two (2) hours. The two (2) hour minimum does not apply when the employee is called back and reports to work less than two (2) hours before the beginning of the employee's regular shift. 7. AAggricy Shop. Upon election by the membership, employees in this representation unit, as a condition of employment, shall pay dues or an agency fee to the Union. Members of a bona fide religion, body or sect who execute a written declaration shall pay a sum equal to the agency fee to an agreed upon charity. 8. Employee Paid Supplemental_Benefits. Letter to extend deferred compensation, IRS 125 pian, Supplemental Life Insurance and PERS Long Term Care benefits to eligible employees in the bargaining unit who may elect to participate in these programs and bear all associated costs. 9. Duration of Agreement This agreement shall remain in full force and effect from January 1, 2000 to and including December 31, 2001. DATE: -11 / c� VV FAST DIABLO IAFF LOCAL 1230 FIRE PROTACTION S RIOT EAST DIABLO FIREFIGHTERS' UNIT, i tAA Kathy Ito, Labor a ations Manager Mike Impastato, Bus ness Agent, IAFF, Local 1230 _ East Diablo Firefighters' Unit cc: Keith Richter,Chief, East Diablo Fire Protection District Leslie Knight,Director of Human Resources Human Resources Department-Personnel services Unit, Labor Relations Division Auditor/Payroll Attachments 3 OF 3 IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTER TO UNION PROPOSAL#1 Presented: October 30, 2000 SECTION 5 - SALARIES 5.1 Salary_ Rates. Effective on the dates indicated, base monthly salary for classes in the East Diablo Firefighters' Unit shall be in accordance with the County's Basic Salary Schedule as follows: Fire GaOaln A4166- 427-9 ($24@2) M56 4448 ($2349) Class 01/01/00 MOM Fire Captain M561688 ($2986) M561737 ($3136) Sr. Firefighter M561636 ($2835) M561685 ($2977) Firefighter- Paramedic M56 1615 ($2776) M56 1664 ($2915) Firefighter M56 1519 ($2522) M56 1568 ($2648) In accordance with requirements of the County payroll system, timekeeping for permanent employees' time worked and time off will be accounted for in minimum one- tenth (1/10) hour (6 minute) increments. Dated: 1. It Q Ito DISTRICT IAFF LOCAL 1230 EAST DIABLO FIREFIGHTERS IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTER TO UNION PROPOSAL#2 Presented: October 30, 2000 SECTION NEW-- HEALTH INSURANCE New.1 He II Plan. Effective as soon as it can be implemented, but no later than March 1, 2001, the District will provide group health benefits through the California Public Employees' Retirement System (CaIPERS) for all permanent full-time employees, in classes represented by the IAFF, Local 1230 East Diablo Firefighters' Unit. Open enrollment will be held approximately sixty (60) days prior to the date of implementation. Thereafter, the CaIPERS program, as regulated by the Public Employees' Medical and Hospital Care Act (PEMHCA), will control on all issues, including but not limited to eligibility, benefit levels and cost. The IAFF, Local 1230, East Diablo Firefighters' Unit, acknowledges that CaIPERS Health Plan program benefits may not be equal to benefits previously available to their represented employees, and Consolidated Omnibus Budget Reconciliation Act (COBRA) counterparts through the various optional health programs previously offered by the District. The IAFF, Local 1230, East Diablo Firefighters` Unit acknowledges that _ notwithstanding this Memorandum of Understanding (MOU); and during the time that it is in effect, CaIPERS may terminate or change covered expenses, benefit payments, co-payments on covered benefits, deductibles, lifetime and/or annual maximum limits and eligibility rules and may implement cost control measures as they deem appropriate. The IAFF, Local 1230, East Diablo Firefighters' Unit, waives the right to any group health plan benefits granted expressly or by implication under any other provisions of this MOU, or by any other agreement between the parties or by any County or District regulation, policy, practice or contract if that benefit is not offered through the CaIPERS Health Plan program. New.2 Contra Costa Health Plan ( ). Because CCHP has met the minimum standards required under PEMHCA and is approved as an alternative CaIPERS plan option, IAFF,4-ocal 1230, East Diablo Firefighters' Unit, members and COBRA counterparts may elect to enroll in CCHP under the CaIPERS plan rules and regulations. 1 IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTER TO UNION PROPOSAL#2 Presented: October 30, 2000 New.2 Health Plan Contribution, The District's contribution to the CalPERS monthly health plan premiums for coverage hereunder shall be as provided below. Any Health Plan premium charges greater than the District's contributions identified below occurring during the time this MOU is in effect shall be home by the employee. A. District's Contribution: The District will contribute up to the following maximum monthly amounts equivalent of eighty-seven percent (87%) of the CalPERS Kaiser premium at each level (employee only, employee + one, employee + two or more) toward the covered employee's CalPERS or CalPERS Alternate Plan (CCHP) premium. The following represents the District's maximum monthly contribution for CalPERS health plan premiums: Employee only: $175.92 Employee + one: $351.85 Employee + two or more: $457.40 In the event, in whole or in part, that the above amounts are greater than one hundred percent (100%) of the applicable premium of any plan, the District's contribution will not exceed one hundred percent (100%) of the applicable plan premium. New.3 Rate Information. The County Benefits Service Unit will make CalPERS health plan rate information available to employees and the District upon request. In addition, the County Benefits Service Unit will publish and distribute to employees and the District information about rate changes as they occur during the year. 2 IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTED TO UNION PROPOSAL#2 Presented: October 30, 2000 New.4 Premium Payments. Employee participation in any health plan is contingent upon the employee authorizing payroll deduction by the County of the employee's share of the premium cost. The District's contribution to health pian monthly premiums are payable as follows: A. CalPERS PLAN (Includes Alternate CCHP Pian) The District's contribution to the health plan premium is payable one (1) month in advance. If an employee's compensation in any month is not sufficient to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditors Controller. The responsibility for this payment rests solely with the employee. New.5 Extended Coverage. An employee on approved leave without pay shall be allowed to continue his/her health insurance coverage provided that the employee shall pay their share of the monthly premium during said leave. An employee not eligible for continued coverage may convert to individual health plan coverage (if available) or continue group coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA), plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at the time and place specified by CalPERS for health plans. An employee who terminates District employment is covered through the first day of the month following termination for CalPERS plans. Employees who terminate District employment may continue group Health plan coverage to the extent provided under the COBRA regulations. New.6 Retirement Coverage. Eligibility for health coverage as a retiree or retiree's survivor is established by the Board of Supervisors. Employees enrolled in the CalPERS alternative plan (CCHP) at the time of retirement are permanently precluded from enrolling in either a CaIPERS or District health plan In the future. 3 IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTER TO UNION PROPOSAL#2 Presented: October 30, 2000 New.7 Dual oyeraae. Employees must adhere to the rules as established by CaIPERS. N=,8 KERS Long Temp Care. The District will deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no employee cost, for District employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The District further agrees that District employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by`PERS Long Term Care on District facilities during non-work hours. (i.e: coffee breaks, lunch hour). New.9 Healfbt`ar-e Spying Account. Effective January 1, 2001, the County will offer regular full-time and part-time (20140 or greater) District employees the option to participate in a Health Care Spending Account (HCSA) Program designated 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 $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 can not be recovered by the employee. TENTATIVE AGREEMENT Dated: Loy, DISTRICT IAFF LOCAL 1230 EAST DIABLO FIREFIGHTERS ,Pz;� 4 IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTER TO UNION PROPOSAL#5 Presented: October 30, 2000 SECTION 9 —E19fifing Holidays Effective on the August tenth (W) payroll of each year employees shall receive forty-eight (48) hours of Floating Holiday time. Floating Holiday accruals will be administered and utilized under conditions identical to vacation accruals, except that effective each August ninth (9t'), unused Floating Holiday accrual balances will return to zero (0). 9.1 Effective July 31 2001 all floating holiday balances will be zeroed out. Effective August J. 2001= to lieu of f=loating Holiday accruals defined abQYe. the District will observe the foiloWna holidays ` A. January 1st. known as New Year's Day July4thknown as Independence Day Fourth Thursday in November, known as Thanksgiving December 25th known as Gh istmas Day B. hifl�oy (56 hours per week) shall receive twelve (12) hours of overtime credit for each holiday listed in S ction (A) above 9.2 If any holiday listed in Section 9.1 (A) falls on a Saturday, it shall be, celebrated on the Drecedina Friday. If an by oliday listed in Section 9.1 falls on a Sunday_ it shall be celebrated on the following Monday. Dated: I 1 141 DISTRICT IAFF LOCAL 1230 EAST DIABLO FIREFIGHTERS IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTER TO UNION PROPOSAL#8 Presented: October 30, 2000 New -Training Reimbursement effective the first of the month following adoption of the Letter of Understanding by the Contra Costa County Board of Supervisors the District will reimburse haumbents in the classifications of Firefighter. Firefighter/Paramedic, Sr. Firefighter and Captain for the cost of tuition and books for—up--to two 2) raining/educational courses ger fiscal year. The aforementioned courses must be identified by the Qlstdct as required for promotion into the next higher classification and approved,oved, by the District. in advance. Dated. I 1 49 DISTRICT IAFF LOCAL 1230 EAST DIABLO FIREFIGHTERS l� IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTER TO UNION PROPOSAL#9 Presented; October 30, 2000 UNION PROPOSAL SECTION 6.2 - Call Back 6.2 Call Back. Employees called back for work performed outside their-regular work schedule shall be compensated at the appropriate straight time or overtime rate of pay for time actually worked with a minimum of one (1) hour. This minimum does not apply when an employee is called back and reports to work less than one (1) hour before the beginning of the employee's regular shift` Eactive the first of the month following adoption of the Letter of Understanding by the Contra Costa County B and of Supervisors. the call back minimum will be Increaaed to two(2) hours. The two_(2) hour minimum does not apply when the empcalled 10yee is calback and reports to work leas than two (2) rs,) houbefore the beoinnina of the.employee's regular shift. Dated: 00 DISTRICT IAFF LOCAL 1230 EAST DIABLO FIREFIGHTERS IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTER TO UNION PROPOSAL#10 Presented: October 30, 2000 ANION PROPOSAL #10 SECTION 2-- Union Security 2.2 Agency Shop A the Union aarees that i has a duty to provide fair and non- discriminatory regreientafign to all empyees in all classes in the units for which this section is optica le regardless of whether they are members of the Union, B All em©loyees employed in a representation unit on of after the Aff dive date oft I OU and continuing_un-tU the termination oe shall as a -- edition of em l�oymen either, 1 Become and remain a member of the Un'on or: 2. Do both offhe folio In_a: a Execute a written declaration that the emali2yee i a member of a bona fide reli ion bo sect which has hi todca v held a cons6entious objection to joining ter financially supporting a6y public em Imo, organization as a ondit'on of employment: and b Pay a aum equal to the agency shop fee deaadbed in Section 2.2.8.2 to a non- reli io us non-labor, ch dtable fund chosen by the emnlo a from the following charities: Family and Children's Trust Fund. Child Abuse Premention Council or Battered Women's Altemative. � • � + . i lii ,• - - + • 1 ►i� , # E + 1 = !i • # 1 +► ## / � + . : ♦ t + = t -, tt E . i =Mfg • . ° / • . = t ' i Ei ■ o + 1 of";S , f 1 Owl T, lot '• = # _ • • 1 it - � " Ii " 1 1 If 11 11 •x- - • - '.t ' / tM # ' Uwe] f " i# � •Iii � • # ; • • � � • + : + *i • i _ i� I; t 0101,ills)to I li-I'm Islet: , IM # • + > y is #i = + I1 , 111 • s 11 : • Ey f • • IAFF LOCAL 1230 EAST DIABLO 1999 NEGOTIATIONS COUNTER TO UNION PROPOSAL#10 Presented: October 30, 2000 Contin ued- foo and the initiation fee from the employee's salary. in which case the employee's monthly--sal ry shall be reduc&d by an-am unt equal to the agency shorefed the Coun ha lrjakan equal amo nt to the Union- ; The U-noon and the Intern tional Amciatian of Fire Fighters shall indemnify) defend and save the County and/or the District harmless again, ai and a claims— e - dgments or other form of liability that arise out of or by reason of lbla union secudtysedon. nr anion taken or not taken by the Co unto under this Section This includes,--but is not limited to. the Countva ^^^/or the District's Attomeys' fees and costs The provisions of this say ■ bse�^ti n shall not be subiprt to the adeva ce procedure following th�ontion of this MOU by the County Board of Supervisors, H The County. Human Resources Department shall monthly furnish a list of all new hires to the Union 1. In the event that employees in a bargain proBonted by the Union vote to rescind Aileen X-Shoa. the provisions .of Section 2. and shall apply to dues members of the Union. Dated. It 10 o DISTRICT IAFF LOCAL 1230 EAST DIABLO FIREFIGHTERS Contra . �°: Duman Resources Q ,► Department Administration Bldg. +r-� 651 Pine Street �. oUnty Martinez, California 94553-1292 November 1, 2000 Mr. Mike Impastato IAFF Local 1230 112 Blue Ridge Drive Martinez, CA 94553 RE: Employee Paid Supplemental Benefits Dear Mr. Impastato, This serves to confirm our discussions concerning supplemental benefits extended to eligible employees in the East Diablo Firefighters' Unit. The following benefits listed below will be offered, at no cost to the District to employees in the bargaining unit. • IRS 125 Plan • Health Care Spending Account • Dependent Care • Supplemental Life Insurance • Deferred Compensation • PERS Long Term Care Employees who wish to participate in the IRS 125 Plan must be enrolled prior to January 1, 2001. The District will provide enrollment information and an open enrollment period will begin November 20, 2000. Open enrollment for Supplemental Life Insurance and Deferred Compensation will be held subsequent to January 1, 2001. Open enrollment for PERS Long Term Care will be determined by PERS. 1 The District will not mare any contributions to any of the above-mentioned plans on behalf of employees in the bargaining unit. All costs associated with the above plans shall be borne solely by the employee. Sincerely. Kathy Ito Labor Relations Manager CC: Leslie T. Knight, Director of Human Resources Jean Soares,Acting Employee Benefits Manager Keith Richter, Chief, East Diablo Fire protection District Jeff Kyle, Labor relations Analyst 2 r104 POSITION ADJUSTMENT REQUEST No. T oo l 3 Dane. Dept. No./ CODERS Department C.C.C. Fire Prot. Dist. Budget Unit No.7300 Org. N0.73O0 Agency No. 70 Action Requested: Add a new class of Fire Investigator at the sage salary and benefits as Fire Inspector.= two positions. Cance positions #5Z96 K 5297 in Me class o Fre Inspector. Proposed Effective Date: Classification Questionnaire attached: Yes C.. No lass Specifications Cost is within Department's budget: Yes X No Total One-Time Costs (non-salary) associated with this request: $ Estimated Total cost of adjustment (salary/benefits/one-time): Total Annual Cost $ 0 Net County Cost $ 0 Total this FY $ 0 N.C.C. This FY $ 0 Source of Funding to Offset Adjustment: No change in salary and benef'ts. Department must initiate necessary appropriation adjustment and submit to CAO. Use additional sheet for further explanations or comments. f 60- Department Head iREVIEWED -BY-CAO-AND�RELEASED-TO PERSONNELDEPARTMENTM- 7=77 u y County dministrator Date ---------- PERSONNEL DEPARTMENT RECOMMENDATION Date: 11-17-00 C:) .. . ESTABLISH the classification of Fire Investigator(RJWG). at salary level M50-!443_. ,-- ($5224-6350); 50-!443`($5224-6350), ADD two (2) full-time Fire Investigator (RJWG) positions at s&Ury." , level M50-2443 ($5224.6350) and CANCEL two (2) vacant full-time- Fire Inspectcn (RJWA) position #5296 & #5297 at salary level M50-2443- C$5224-6350). ca Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic/Exempt Salary .Schedule, as described above. Effective: day following Board action. Date for rec or of Personne COUNTY ADMINISTRATOR RECOMMENDATION "Date:_1I` �" '9 Approve Recommendation of Director of Personnel Disapprove Recommendation of Director of Personnel Other: bow_,)fr�� or County Administrator BOARD OF SUPERVISORS ACTION Phil Batchelor, Clerk of it-fie Boar o Adjustmqnt APPR VEDJDISAPPROVED on Super ors Coun dministrator Date: By HIS ADTME T CONSITITUES A PERSONNEL/SA LA TION ENDMENT. P3OO (M347) 1/92