HomeMy WebLinkAboutMINUTES - 12182001 - C.48 i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 18, 2001, by the following vote:
AYES: SUPERVISOR.GIOIA, GERBER, DeS.AULNIER, GLOVER & UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Resolution No. 2001/ 611
Subject:
Adopt the Memorandum of Understanding)
with the United Chief Officers Association )
BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the
Memorandum of Understanding (MOU) [copy attached and included as part of this
document] between the Contra Costa.County Fire Protection District (District) and the
United Chief Officers Association (UCOA) - jointly signed by Kathy Ito, Labor Relations
Manager, and Henry Warren, UCOA President - regarding economic terms and
conditions for July 1 , 2000 through June 30, 2002 for`those classifications represented
by that employee organization.
In lieu of a retroactive pay requiring special payroll processing back to July 1, 2000, the
County will make a lump sum payment to each eligible employee, without interest, for:
(1) the months of July 2000, through February 2001, computed as follows: employee regular pay,
overtime pay, and specific other earnings ordinarily computed as a percentage of base pay will be
added together for each applicable pay period to determine the appropriate pay base. This base will
be multiplied by seven percent (7%). And,
(2) the months of March 2001, through June 2001, computed as follows: employee regular pay,
overtime pay, and specific other earnings ordinarily computed as a percentage of base pay will be
added together for each applicable pay period to determine the appropriate pay base. This base will
be multiplied by nine percent (9%). And,
(3) the months of July 2001, through November 2001, computed as follows: employee regular pay,
overtime pay, and specific other earnings ordinarily computed as a percentage of base pay will be .
added together for each applicable pay period to determine the appropriate pay base. This base will
be multiplied by twelve percent (12%).
The payment amount, thus computed, will be added to the employee's January 10, 2001
paycheck where it will be listed separately as a "LUMP SUM PAYMENT" and will be
subject to normal deductions such as tax and retirement.
Any employee believing there is an underpayment resulting from this methodology
exceeding $50.00 may contact the District. The Auditor's office will investigate and issue
the additional pay, if owed, as soon as possible.
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: I- artier 18, 2001
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Admini trator
By& i { eputy
Contact:Human Resources Department(Kathy Ito @ 5-1785)
cc: Labor Relations Unit
Personnel Services Unit
Auditor-Controller
County Counsel
CCC Fire Protection District
.,
MEMORANDUNI OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
AND
UNITED CHIEF OFFICERS ASSOCIATION
EFFECTIVE
July 1, 2000 — June 30, 2002
UNITED CHIEF OFFICERS ASSOCIATION
TABLE: OF CONTENTS
SECTION 1 RECOGNITION_
1 .1 Association Recognition .......................................... 6
1 .2 Name ....................................................................... 7
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction ....................................................... 7
2.2 Association Dues Form ........................................... 8
2.3 Maintenance of Membership ................................... 9
2.4 Withdrawal of Membership ...................................... 9
2.5 Communicating with Employees ............................. 9
2.6 Use of District Buildings......................................... 11
2.7 Advance Notice :.................................................... 12
2.8 List of Employees with Dues Deduction ................ 12
2.9 Assignment of Classes to Bargaining Units........... 12
2.10 Written Statement for New Employees.................. 13
SECTION 3 DISCRIMINATION PROHIBITED .......................... 14
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ......................................... 15
4.2 Association Representative ................................... 16
SECTION 5 SALARIES
5.1 General Wage Increases ....................................... 16
5.2 Entrance Salary ..................................................... 17
5.3 Anniversary Dates ................................................. 17
5.4 Increments Within Range ...................................... 18
5.5 Part-Time Compensation....................................... 19
5.6 Compensation for Portion of Month ...................... 20
5.7 Position Reclassification........................................ 20
5.8 Salary Reallocation & Salary on Reallocation ....... 21
5.9 Salary on Promotion .............................................. 22
5.10 Salary on Involuntary Demotion ............................ 23
5.11 Salary on Voluntary Demotion ............................... 24
5.12 Acting in a Higher Class ........................................ 24
5.13 Payment ................................................................ 24
5.14 Pay Warrants......................................................... 25
5.15 Pay Warrant Errors ................................................ 25
SECTION 6 ADDITIONAL HOURS
6.1 Overtime Compensation ........................................ 26
6.2 Annual Administrative Leave ................................. 26
SECTION 7 ACTING BATTALION CHIEF ASSIGNMENTS ... 27
SECTION 8 ASSOCIATION NOTIFICATION........................... 27
SECTION 9 HOLIDAYS
9.1 Holidays Observed ............................................... 28
9.2 Forty (40) Hour Employees................................... 28
9.3 Fifty-Six (56) Hour Employees.............................. 29
9.4 General Terms...................................................... 29
9.5 Permanent Part-Time Employees ........................ 29
SECTION 10 VACATION LEAVE
10.1 General Provisions ............................................... 29
10.2 Vacation Accrual Rates ......................................... 30
10.3 Accrual During Leave Without Pay....................... 31
10.4 Pro-Rated Accruals .............................................. 31
10.5 Vacation Buy Back ............................................... 31
10.6 Vacation Allowance for Separated Employees..... 32
10.7 Vacation Leave on Reemployment....................... 32
SECTION 11 SICK LEAVE
11 .1 Purpose ................................................................ 33
11 .2 Credit Accrued and Charges Against Sick Leave. 33
11 .3 Policies Governing the Use of Paid Sick Leave ... 34
11 .4 Prohibited Uses of Paid Sick Leave ..................... 39
11 .5 Sick leave Incentive Plan...................................... 40
SECTION 12 NUMBER OF SHIFT BATTALION CHIEFS OFF
ON ELECTIVE LEAVE......................................... 41
SECTION 13 LEAVE OF ABSENCE
13.1 Leave Without Pay ............................................... 41
13.2 General Administration - Leaves of Absence ....... 41
13.3 Military Leave ...................................................... 43
13.4 Family Care Leave or Medical Leave ................... 44
13.5 Certification.......................................................... 44
13.6 Intermittent Use of Leave .................................... 45
13.7 Aggregate Use for Spouse .................................. 45
13.8 Definitions ............................................................ 45
13.9 Pregnancy Disability Leave ................................. 48
13.10 Group Health Plan Coverage............................... 48
13.11 Leave Without Pay - Use of Accruals .................. 49
13.12 Leave of Absence Replacement and
Reinstatement ...................................................... 50
13.13 Reinstatement From Family Care Medical
Leave.................................................................... 50
13.14 Salary Review► While on Leave of Absence.......... 51
13.15 Unauthorized .Absence ......................................... 51
SECTION 14 HEALTH & WELFARE. LIFE AND DENTAL CARE
14.1 Health Plan Contract Extension............................ 51
14.2 Health Plan ........................................................... 51
14.3 Contra Costa (Health Plan (CCHP) ....................... 52
14.4 Health Plan Contribution....................................... 52
14.5 Dental Program..................................................... 53
14.6 Dental Contribution ............................................... 53
14.7 Rate Information .............................. .. ........... 54
14.8 Life Insurance Program ........................................ 54
14.9 Life Insurance Contribution................................... 54
14.10 Premium Payments .............................................. 55
14.11 Extended Coverage.............................................. 56
14.12 Retirement Coverage............................................ 56
14.13 Dual Coverage...................................................... 57
14.14 Management (Life Insurance ................................. 58
14.15 PERS Long Term Care............................:............. 58
14.16 Health Care Spending Account ..................:......... 58
14.17 Long term Disability Insurance ............................. 59
SECTION 15 PROBATIONARY PERIOD
15.1 Duration ................................................................ 59
15.2 Classes with Changed Probationary Periods ....... 59
15.3 Probationary Period Time..................................... 59
15.4 Rejection During Probation................................... 60
15.5 Regular Appointment............................................ 61
15.6 Layoff During Probation ......................................... 62
15.7 Rejection During Probation of Layoff Employee... 63
SECTION 16 PROMOTION
16.1 Promotion .............................................................. 63
16.2 Promotion Policy................................................... 63
16.3 Promotion Via Reclassification Without Exam...... 64
16.4 Requirements for Promotional Standing............... 64
16.5 Seniority Credits ................................................... 65
16.6 Physical Exam as Part of Promotional Exam ....... 65
SECTION 17 RESIGNATIONS
17.1 Resignation in Good Standing .............................. 66
17.2 Constructive Resignation...................................... 66
17.3 Effective Resignation ............................................ 66
17.4 Revocation............................................................ 66
17.5 Coerced Resignations .......................................... 66
SECTION 18 DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
18.1 Cause for Action ................................................... 68
18.2 Skelly Requirements............................................. 70
18.3 Leave Pending Employee Response ................... 71
18.4 Suspensions Without Pay..................................... 71
18.5 Procedure on Dismissal, Suspension, Demotion . 71
iv
SECTION 19 MANAGEMENT COMPLAINT PROCEDURE
19.1 Management Complaint Procedure...................... 72
19.2 Scope of Adjustment Board and Arbitration
Decisions .............................................................. 76
19.3 Clarification on Time Limits .................................. 77
19.4 Representation Outside of Association ................ 77
19.5 Compensation Complaints ................................... 78
19.6 No Strike............................................................... 78
19.7 Merit Board ........................................................... 79
19.8 Complaint Filing .................................................... 79
19.9 Letter of Reprimand .............................................. 79
SECTION 20 EMPLOYEE REPRESENTATION RIGHTS ......... 80
SECTION 21 RETIREMENT CONTRIBUTION .......................... 80
SECTION 22 SAFETY................................................................ 81
SECTION 23 MILEAGE ........................................................... 81
SECTION 24 UNIFORM ALLOWANCE..................................... 82
SECTION 25 CERTIFICATION REQUIREMENTS
25.1 Required Certifications ......................................... 82
25.2 General Terms...................................................... 82
SECTION 26 OTHER TERMS OF EMPLOYMENT
26.1 Longevity Pay ....................................................... 82
26.2 Deferred Compensation Incentive ........................ 83
26.3 Training................................................................. 84
26.4 Educational Incentive Program............................. 84
26.5 Management (Development Policy........................ 87
26.6 Professional Development Reimbursement ......... 88
26.7 Bilingual Pay Differential....................................... 88
26.8 Emergency Recall & Standby Differential............. 89
SECTION 27 SPECIAL ASSIGNMENTS PRE-APPROVAL ..... 89
SECTION 28 DAYS & HOURS OF WORK................................ 89
SECTION 29 BATTALION CHIEF OPENINGS ......................... 92
SECTION 30 SERVICE AWARDS............................................. 92
SECTION 31 DEFINITION FOR SERVICE AWARDS AND
VACATION ACCRUALS...................................... 92
SECTION 32 UNFAIR LABOR PRACTICE ............................... 93
SECTION 33 ADOPTION........................................................... 93
SECTION 34 SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
34.1 Scope of Agreement.............................................. 94
34.2 Separability of Provisions ..................................... 94
34.3 Personnel Management Regulations ................... 94
34.4 Duration of Agreement.......................................... 95
SUBJECT INDEX
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA, COSTA COUNTY
FIRE PROTECTION DISTRICT
AND
UNITED CHIEF OFFICERS ASSOCIATION
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Board of
Supervisors Resolution 81/1165 and has been jointly
prepared by the parties.
The Employee Relations Officer (County Administrator) is
the representative of the Contra Costa County Board of
Supervisors in its capacity as ex-officio Governing Board
of the Contra Costa County Fire Protection District as
provided in Board Resolution 81/1165.
The parties have met and conferred in good faith
regarding wages, hours and other terms and conditions of
employment for the employees in the Fire Management
Unit and have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on
matters relating to the employment conditions and
employer-employee relations covering such employees.
For the purposes of this Memorandum of Understanding,
Fire Protection District UCOA Personnel Bulletins on the
subject of Monthly Staffing Schedule, Shift Trades, Time
Off to Vote, Sick Leave, Smoking, Health & Fitness,
Violence in the Workplace, Address & Telephone
Numbers, Political Activities, Sexual Harassment, Drivers
DEFINITIONS
License, Facilities, Vehicles & Equipment are incorporated
by reference to this Memorandum of Understanding and
are made a part hereof as if fully set forth herein.
This Memorandum of Understanding shall be presented to
the Contra Costa County Board of Supervisors in its
capacity as ex-officio Governing Board of the Contra
Costa County Fire Protection District as the joint
recommendation of the undersigned for terms and
conditions of employment for the period beginning July 1 ,
2000 and ending June 30, 2002.
In the event provisions of this Memorandum of
Understanding contradict any resolution, administrative
bulletin or personnel rules of the County or District, the
terms of this Memorandum of Understanding shall prevail.
DEFINITIONS
A. Appointing Authority: Fire Chief unless otherwise
provided by statute or ordinance.
B. Association: The United Chief Officers
Association of the Contra Costa County Fire
Protection District (UCOA).
C. 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.
UCOA 2 2000-2002 MOU
DEFINITIONS
D. Class Title: the designation given to a class, to
each position allocated to the class, and to the
employees allocated to the class.
E. County: Contra Costa County.
F. 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 Memorandum
of Understanding or in the Personnel
Management Regulations.
G. District: Contra Costa County Fire Protection
District.
H. Director of Human Resources: the person
designated by the County Administrator to serve
as the Assistant County Administrator-Director of
Human Resources.
I. Eligible: any person whose name is on an
employment or reemployment or layoff list for a
given class.
J. Employee: a person who is an incumbent of a
position or who is on leave of absence in
accordance with provisions of this Memorandum
of Understanding and whose position is held
pending the employee's return.
UCOA 3 2000-2002 MOU
DEFINITIONS
K: Employment List: a list of persons, who have
been found qualified for employment in a specific
class.
L. Layoff List: means 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.
M. Merit System: the Contra Costa County Merit
System.
N. Permanent-Intermittent Position: any position
which requires the services of an incumbent for
an indefinite period but on an irregularly
scheduled, less than full-time basis.
O. 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.
P. Personnel: the same as employee.
Q. Permanent Position: any position which has
required, or which will require the services of an
incumbent without interruption, for an indefinite
period.
R. Project Employ: an employee who is engaged
UCOA 4 2000-2002 MOU
DEFINITIONS
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 District revenues.
S. 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 Memorandum
of Understanding or in the Personnel
Management Regulations.
T. Position: the assigned duties and responsibilities
calling for the regular full-time, part-time or
intermittent employment of a person.
U. Reallocation: the act of reassigning an individual
position from one class to another class at the
same range of the salary schedule or to a class
which is allocated to another range that is within
five (5) percent of the top step, except as
otherwise provided for in the Personnel
Management Regulations or other ordinances.
V. 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.
UCOA 5 2000-2002 MOU
SECTION 1 - RECOGNITION
W. 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.
X. Resi ng ation: the voluntary termination of
permanent employment with the District.
Y. Temporary Employment: any employment which
will require the services of an incumbent for a
limited period of time, paid on an hourly basis,
not in an allocated position or in permanent
status.
Z. Transfer: the change of an employee who has
permanent status in a position to another position
in the same class in a different department, or to
another position in a class which is allocated to a
range on the salary plan that is within five (5)
percent at top step as the class previously
occupied by the employee.
SECTION 1 — RECOGNITION
1 .1 Association Recognition. The Association is
the formally recognized employee organization for the Fire
Management Unit and such organization has been
certified as such pursuant to Chapter 34-12 of Board of
Supervisors' Resolution 81/1165 by Board Order dated
December 1 , 1998. Represented classes in this unit are:
UCOA 6 2000-2002 MOU
SECTION 2 -ASSOCIATION SECURITY
Battalion Chief (RPHA)
Chief, Fire Emergency Medical Services (RPHD)
Fire Training Supervisor — Riverview (RWHB)
1 .2 Name. The United Chief Officers Association of
the Contra Costa County Fire Protection District shall at
times be referred to herein as "Association".
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Resolution
81/1165 Chapter 34-26 only a majority representative may
have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its
unit.
Dues deduction shall be based on the voluntary written
authorization of the employee which shall remain in effect
so long as the employee remains in a unit represented by
the Association unless such authorization is canceled in
writing by the employee in accordance with the provisions
set forth in Section 2.4 — Withdrawal of Membership. The
dues deduction shall be for a specified amount and
uniform between members of the Association. The
Association shall indemnify, defend, and hold the District
harmless against any claims made and against any suit
instituted against the District on account of dues
deduction. The Association shall refund to the District any
amounts paid to it in error upon the presentation of
supporting evidence.
UCOA 7 2000-2002 MOU
SECTION 2 - ASSOCIATION SECURITY
2.2 Association Dues Form. Employees hired in
classifications assigned to the unit represented by the
Association shall, as a condition of employment at the time
of employment, complete an Association dues
authorization card provided by the Association and shall
have deducted from their paychecks the membership dues
of the Association. 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 Association.
Such decision not to become a member of the Association
must be made in writing to the Auditor-Controller with a
copy to the Labor Relations Service Unit within said thirty
(30) day period. If the employee decides not to become a
member of the Association, any Association dues
previously deducted from the employee's paycheck during
that thirty (30) day period shall be returned to the
employee and said amount shall be deducted from the
next dues deduction check sent to the Association. If the
employee does not notify the County in writing of the
decision not to become a member within the thirty (30) day
period, the employee shall be deemed to have voluntarily
agreed to pay the dues of the Association. Each such
dues authorization form referenced above shall include a
statement that the Association and the District have
entered into a Memorandum of Understanding, that the
employee is required to authorize payroll deductions of
Association 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 written
completion of the authorization form, receive a copy of
UCOA 8 2000-2002 MOU
SECTION 2 - ASSOCIATION SECURITY
said authorization form which shall be deemed proper
notice of the employee's right to revoke said authorization.
2.3 Maintenance of Membership. All employees in
the unit represented by the Association who are currently
paying dues to the Association and all employees in such
units who hereafter become members of the Association
shall, as a condition of continued employment, pay dues to
the Association for the duration of this Memorandum of
Understanding and each year thereafter so long as the
Association continues to represent the position to which
the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance
with Section 2.4.
2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between May 1
to May 31 of any year, any employee may withdraw from
Association membership and discontinue paying dues as
of the payroll period commencing June 1st, and reflected
in the. July 10th paycheck. Immediately upon the close of
the above-mentioned thirty (30) day period, the Auditor-
Controller shall submit -to the Association a list of the
employees who have rescinded their authorization for
dues deduction.
2.5 Communicating With Employees. The
Association shall be allowed to use designated portions of
bulletin boards or display areas in public portions of
District buildings or in public portions of offices in which
there are employees represented by the. Association,
provided the communications displayed have to do with
official organization business such as times and places of
UCOA 9 2000-2002 MOU
SECTION 2 - ASSOCIATION SECURITY
meetings and further provided that the Association
appropriately posts and removes the information. The Fire
Chief reserves the right to remove objectionable materials.
Representatives of the Association, not on District time,
shall be permitted to place a supply of employee literature
at specific locations in District buildings if arranged
through the Employee Relations Officer; said
representatives may distribute employee organization
literature in areas designated by the Fire Chief if the
nature of the literature and the proposed method of
distribution are compatible with the work environment and
work in progress.
Such placement and/or distribution shall not be performed
by on-duty employees.
The Association shall be allowed access to work locations
in which it represents employees for the following
purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
D. to represent an employee on a grievance, and/or
to contact an Association officer on a matter
within the scope or representation.
UCOA 10 2000-2002 MOU
SECTION 2 - ASSOCIATION SECURITY
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
Fire Chief or designee(s) and the visit will not interfere with
the District services.
2.6 Use of District Buildings. The Association shall
be allowed the use of areas normally used for meeting
purposes for meetings of District employees during non-
work hours when:
A. such space is available and its use by the
Association is scheduled twenty-four (24) hours
in advance;
B. there is no additional cost to the District;
C. it does not interfere with normal District
operations;
D. employees in attendance are not on duty and are
not scheduled for duty;
E. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Association shall maintain proper order at the meeting,
and see that the space is left in a clean and orderly
condition. The use of District equipment (other than items
normally used in the conduct of business meetings, such
UCOA 11 2000-2002 MOU
SECTION 2 -ASSOCIATION SECURITY
as desks, chairs, and blackboards) is strictly prohibited,
even though it may be present in the meeting area.
2.7 Advance Notice. The Association shall, except
in cases of emergency, have the right to reasonable notice
of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of. representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with
the body considering the matter.
The listing of an item on a public agenda, or the mailing of
a copy of a proposal at least seventy-two (72) hours
before the item will be heard, or the delivery of a copy of
the proposal at least twenty-four (24) hours before the
item will be heard, shall constitute notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board, determines it must
act immediately without such notice or meeting it shall give
notice and opportunity to meet as soon as practical after
its action.
2.8 List of Employees with Dues Deduction. The
District shall provide the Association with a monthly list of
employees who are paying dues to the Association and a
monthly list of employees who are paying health and
welfare deductions to the Association.
2.9 Assignment of Classes to Bargaining Units.
The Labor Relations Manager shall assign new classes in
accordance with the following procedure:
UCOA 12 2000-2002 MOU
SECTION 2 - ASSOCIATION SECURITY
a. Initial Determination: When a new class title is
established, the Labor Relations Manager shall
review the composition of existing representation
units to determine the appropriateness of including
some or all of the employees in the new class in one
or more existing representation units, and within a
reasonable period of time shall notify all recognized
employee organizations of the determination.
b. Final Determination: The Labor Relations Manager's
determination is final unless within ten (10) days after
notification a recognized employee organization
requests in writing to meet and confer thereon.
c. Meet and Confer and other Steps: The Labor
Relations Manager shall meet and confer with such
requesting organizations (and with other recognized
employee organizations where appropriate) to seek
agreement on this matter within sixty (60) days after
the ten-day period in subsection (b), unless otherwise
mutually agreed. Thereafter, the procedures in cases
of agreement and disagreement, arbitration referral
and expenses, and criteria for determination shall
conform to those in Subsections (d) through (i) of
Section 34-12.008 of Resolution 81/1165.
2.10 Written Statement for New Employees. The
District will provide a written statement to each new
employee hired into a classification in any of the
bargaining units represented by the Association, that the
employee's classification is represented by the Association
and the name of a representative of the Association. The
County will provide the employee with a packet of
UCOA 13 2000-2002 MOU
SECTION 3 - DISCRIMINATION PROHIBITED
information, which has been supplied by the Association
and approved by the County.
SECTION 3 — DISCRIMINATION PROHIBITED
There shall be no discrimination because of race, creed,
color, national origin, sex, sexual orientation or union
activities against any employee or applicant for
employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State
and Federal law there shall be no discrimination because
of age. There shall be no discrimination against any
disabled person solely because of such disability unless
that disability prevents the person from meeting the
minimum standards established for that position . or from
carrying out the duties of the position safely.
The District and the Association recognize that the. District
has an obligation in accordance with the Americans with
Disabilities Act (ADA) to reasonably accommodate
disabled employees. If by reason of the aforesaid
requirement the District contemplates actions to provide
reasonable accommodation to an individual employee to
comply with the ADA which are in conflict with any
provision of this MOU, the Association will be advised of
such proposed accommodation. Upon request, the
District will meet and confer with the Association on the
impact of such accommodation. If the District and the
Association do not reach agreement, the District may
implement the accommodation without further
negotiations.
UCOA 14 2000-2002 MOU
Nothing in this MOU shall preclude the District from taking
actions necessary to comply with the requirements of the
ADA or of any other State or Federal law governing
discrimination, wages or hours. Subject to this provision,
the Association may file a management complaint
regarding any action by the District under this Section
alleged by the Association and the employee(s) as a
violation of the MOU.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees
designated as official representatives of the Association
shall be allowed to attend meetings held by County/District
agencies during regular working hours on District time as
follows:
A. if their attendance is required by the District or 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 meeting required for
settlement of complaints filed pursuant to Section 19 -
Management Complaint Procedure, of this
Memorandum;
D. if they are designated as an official representative, in
which case they may utilize a reasonable time at each
level of the proceedings to assist an employee to
present a complaint;
UCOA 15 2000-2002 MOU
SECTION 5 - SALARIES
E. if they are , designated as spokesperson . or
representative of the Association and as such make
representations or presentations at meetings or
hearings on wages, salaries and working conditions;
provided in each case advance arrangements for time
away from the. employee's work station or assignment
are made with the Fire Chief and the District or
County agency calling the meeting is responsible for
determining that the attendance of the particular
employee(s) is required;
F. if their attendance does not conflict with Fire District
emergency operations.
4.2 Association Representatives. Official
representatives of the United Chief Officers Association
shall be allowed time off on District 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, and that
advance arrangements for the time away from the work
station or assignment are made with the Fire Chief and
their attendance does not conflict with Fire District
emergency operations.
SECTION 5 - SALARIES
5.1 General Waae Increases. Effective on the dates
indicated, all classifications in the Fire Management Unit
of the United Chief Officers Association shall have their
basic salary schedule adjusted upward as follows:
UCOA 16 2000-2002 MOU
SECTION 5 - SALARIES
Effective July 1 , 2000 7% Increase
Effective March 1 , 2001 2% Increase
Effective July 1 , 2001 3% 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 Anniversaates. Anniversary dates will be
set as follows:
A. New Employees. The anniversary date of a new
employee is the first day of the calendar month
after the calendar month when the employee suc-
cessfully completes six (6) months service
provided however, if an employee began work on
the first regularly scheduled workday of the
month the anniversary date is the first day of the
calendar 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 5.3.A above.
C. Transfer. Reallocation and Reclassification. The
anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified to a
UCOA 17 2000-2002 MOU
SECTION 5 - SALARIES
class allocated to the same salary range or to a
salary range which is within five percent (5%) of
the top step of the previous classification,
remains unchanged.
D. Reemployments. The anniversary of an
employee appointed from a reemployment list to
the first step of the applicable salary range and
not required to serve a probation period is
determined in the same way as the anniversary
date is determined for a new employee who is
appointed the same date, classification and step
and who then successfully completes the
required probationary period.
E. Notwithstanding other provisions of this Section
5, the anniversary of an employee who is
appointed to a classified position from outside the
County's merit system at a rate above the
minimum salary for the employee's new class, or
who is transferred from another governmental
entity to this County's merit system, is one (1 )
year from the first day of the calendar month after
the calendar month when the employee was
appointed or transferred; provided however,
when the appointment or transfer is effective on
the employee's first regularly scheduled work day
of that month, his/her anniversary is one (1 ) year
after the first calendar day of that month.
5.4 Increments Within Range. The performance of
each employee, except those of employees already at the
maximum salary step of the appropriate salary range, shall
UCOA 18 2000-2002 MOU
SECTION 5 - SALARIES
be reviewed on the anniversary date as set forth in
Section 5.3 — Anniversary Dates to determine whether the
salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be
granted on the affirmative recommendation of the
appointing authority, based on satisfactory performance by
the employee. The appointing authority may recommend
denial of the increment or denial subject to one additional
review at some specified date before the next anniversary
which must be set at the time the original report is
returned.
Except as herein provided, increments within range shall
not be granted more frequently than once a year, nor shall
more than one (1 ) step within-range increment be granted
at one time. In case an appointing authority recommends
denial of the within range increment on some particular
anniversary date, but recommends a special salary
review, 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 District. If the District
verifies in writing that an administrative or clerical error
was made in failing to submit the documents needed to
advance an employee to the next salary step on the first of
the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time
employee shall be paid a monthly salary in the same ratio
to the full-time monthly rate to which the employee would
be entitled as a full-time employee under the provisions of
UCOA 19 2000-2002 MOU
SECTION 5 - SALARIES
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 District.
5.6 Compensation for Portion of Month. Any
employee who works less than any full calendar month,
except when on earned vacation, authorized sick leave, or
other 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.
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 a 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
UCOA 20 2000-2002 MOU
SECTION 5 - SALARIES
be governed by the provisions of Section 5.9 Salary on
Promotion.
5.8 Salary Reallocation and Salary on
Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is reallocated to a
salary range above or below that to which it was
previously allocated, when the number of steps
remain the same, shall be compensated at the
same step in the new salary range the employee
was receiving in the range to which the class was
previously allocated. If the reallocation is from
one salary range with more steps to a range with
fewer steps or vice versa, the employee shall be
compensated at the step on the new range which
is in the same percentage ratio to the top step of
the new range as was the salary received before
reallocated 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 5.8.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
UCOA 21 2000-2002 MOU
SECTION 5 - SALARIES
new range do not contain the same rates as the
old range which is next above the salary rate
received in the old range, or if the new range
does not contain a higher step, at the step which
is next lower than the salary received in the old
range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated
to a salary range the same as above or below the
salary range of the employee's previous class,
the incumbent shall be placed at the step in the
new class which equals the rate of pay received
before reallocation. In the event that the steps in
the range for the new class do not contain the
same rates as the range for the old class, the
incumbent shall be placed at the step of the new
range which is next above the salary rate
received in the old range; or if the new range
does not contain a higher step, the incumbent
shall be placed at the step which is next lower
than the salary received in the old range.
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 5.12 — Acting in a Higher Class,
shall receive the salary in the new salary range which is
next higher than the rate received before the 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
UCOA 22 2000-2002 MOU
SECTION 5 - SALARIES
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 that class unless
such step results in a decrease in which case the
employee is appointed to the next higher step. If however,
the employee is being appointed into a class allocated to a
higher salary range than the class from which the
employee was laid off, the salary will be calculated from
the highest step the employee achieved prior to layoff, or
from the employee's current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any
employee who is demoted, except as provided under
Section 5.12 — Acting in a Higher Class, shall have their
salary reduced to the monthly salary step in the range for
the class of position to which the employee 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 of 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 the
employee would have achieved had the employee been
UCOA 23 2000-2002 MOU
SECTION 5 - SALARIES
continuously in the position to which the employee had
been demoted, all within-range increments having been
granted.
5.11 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 the employee demotes, the employee's salary shall
remain the same if the steps in the employee's new
(demoted) salary range permit, and if not, the new salary
shall be set at the step next below former salary.
5.12 Acting in a Higher Class. When an employee is
required to work in a higher paid classification, the
employee shall receive the higher compensation for such
work, pursuant to the County Salary Regulations, plus any
differentials and incentives the employee would have
received in the employee's regular position. The higher
pay entitlement shall begin on the employee's forty-first
(41St) consecutive hour in the assignment, for forty (40)
hour employees and the fifty-seventh (57th) consecutive
hour in the assignment, for fifty-six (56) hour employees.
5.13 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 to
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 a warrant upon
the Treasury in favor of such employee.
UCOA 24 2000-2002 MOU
SECTION 5 - SALARIES
The advance shall be in an amount equal to one-third (1/3)
or less at the option of the employee, of the employee's
basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary
less all requested or required deductions.
The election to receive an advance shall be made on or
before April 30 or October 31 of each year or during the
first month of employment by filing on forms prepared by
the Auditor-Controller a notice of election to receive salary
advance.
Each election. shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the case of an election made pursuant to this Section
5.13 all required or requested deductions from salary shall
be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
5.14 Pav Warrants. Employee pay warrants shall be
delivered to a work place designated by the District by
8:00 a.m. on the 10th and 25th of each month. Should the
10th or 25th of the month fall on Saturday, Sunday, or a
holiday, pay warrants will be delivered by 8:00 a.m. on the
preceding County workday.
5.15 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
UCOA 25 2000-2002 MOU
SECTION 6 - ADDITIONAL HOURS
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.
SECTION 6 — ADDITIONAL HOURS
6.1 Overtime Compensation. Overtime will be paid
at the same rate as that of a Fire Captain at top step.
Overtime shall only be paid in the following two situations:
A. When a Chief Officer replaces an absent Shift
Battalion Chief, provided there is a shift vacancy
in a Battalion Chief position and overtime recall is
required to maintain staffing levels;
B. When a Chief Officer works as a command
officer during: (1 ) mutual aid responses outside
Contra Costa County; or (2) State mutual aid
responses, provided the Five-Party Agreement is
in effect for personnel reimbursement.
6.2 Annual Administrative Leave. Each January
1 , employees on a forty (40) hour schedule and fifty-six
(56) hour shift employees shall be credited with fifty-five
(55) and seventy-seven (77) hours, respectively, of paid
administrative leave. This leave time is non-accruable and
all balances will be zeroed-out effective December 31 ,
each year. Permanent part-time employees and
employees hired after January 1 shall have such leave
prorated based upon position hours.
UCOA 26 2000-2002 MOU
SECTION 7 - ACTING BATTALION CHIEF ASSIGNMENTS
This administrative leave is provided in recognition of
those situations outside Section 6.1 above when Chief
Officers are expected to work additional hours without
receiving overtime pay, such as when responding to
emergencies, attending various meetings and working on
programs.
SECTION 7 — ACTING BATTALION CHIEF
ASSIGNMENTS
Notwithstanding Section 6.1 — Overtime Compensation,
the Fire Chief retains the right to make Acting Battalion
Chief assignments at his sole discretion.
SECTION 8 — ASSOCIATION NOTIFICATION
When it appears to the Fire Chief and/or Labor Relations
Manager, that the Board of Supervisors may take action
which will result in the layoff of employees represented by
the Association, the Labor Relations Manager shall notify
the Association of the possibility of such layoffs and shall
meet and confer with it regarding the implementation of
the action. The District agrees to give employees fourteen
(14) calendar days notice of layoff except in case of
emergency.
UCOA 27 2000-2002 MOU
SECTION 9 - HOLIDAYS
SECTION 9 - HOLIDAYS
9.1 Holidays Observed.
The District will observe the following holidays:
January 1st, known as New Years 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 Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may, by
resolution, designate as holidays.
9.2 Forty (40) Hour Employees. In observance of
holidays, forty (40) hour employees:
1 . Observe the. ten (10) holidays listed in
Section 9.1 above; and
2. Accrue two (2) hours of personal holiday
credit per month, up to a maximum accrual
of forty (40) hours.
If any holiday listed in Section 9.1 above falls on a
Saturday, it shall be celebrated on the preceding Friday. If
any holiday listed above falls on a Sunday, it shall be
celebrated on the following Monday.
UCOA 28 2000-2002 MOU
SECTION 10 - VACATION LEAVE
9.3 Fifty-Six (56) Hour Employees. In observance
of holidays, fifty-six (56) hour employees accrue four (4)
hours of personal holiday credit per month, up to a
maximum accrual of eighty (80) hours.
9.4 General Terms. Personal holiday time may be
taken in increments of one-half (112) hour. On separation
from District service, an employee shall be paid for any
unused personal holiday credits at the employee's then
current pay rate. When moving between 40 and 56 hour
schedules, accrual rates and balances will be converted.
9.5 Permanent Part-Time Employees. Permanent
Part-Time Employees shall receive holiday credit in the
same ratio to the holiday credit given employees on a full-
time, forty (40) hour schedule - as the number of hours per
week in the part-time employee's schedule bears to the
number of hours in the regular full-time schedule,
regardless of whether the holiday falls on the part-time
employee's regular work day.
SECTION 10 - VACATION LEAVE
10.1 General Provisions. Employees in permanent
positions are entitled to vacation with pay. Accrual is
based upon straight time hours of working time per
calendar month of service and begins on the date of
appointment to a permanent position. Increased accruals
begin on the first of the month following the month in
which the employee qualifies. Accrual for portions of a
month shall be in minimum amounts of one (1 ) hour,
calculated on the same basis as for partial month
UCOA 29 2000-2002 MOU
SECTION 10 - VACATION LEAVE
compensation. Vacation credits may not be taken during
the first six (6) months of employment — except where sick
leave has been exhausted; and none shall be allowed in
excess of actual accrual at the time the vacation is taken.
10.2 Vacation Accrual Rates. The rates at which
employees accrue vacation credits and the maximum
accumulations thereof are as follows:
40 Hour Employees
Monthly Maximum
Accrual Cumulative
Length of Service Completed Hours Hours
Under 11 years 10 240
11 years 102/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
UCOA 30 2000-2002 MOU
SECTION 10 - VACATION LEAVE
56 Hour Shift Employees
Monthly Maximum
Accrual Cumulative
Length of Service Completed Hours Hours
Under 11 years 14 336
11 years 15 360
12 years 16 384
13 years 17 408
14 years 18 432
15 through 19 years 19 456
20 through 24 years 24 576
25 through 29 years 28 672
30 years and up 33 792
10.3 Accrual Durina Leave Without Pay. No
employee who has been granted a leave without pay or
unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who
is absent without pay accrue vacation credit during the
absence.
10.4 Pro-rated Accruals. Employees in permanent
part-time and permanent-intermittent positions shall
accrue vacation benefits on a prorated basis.
10.5 Vacation Buy Back. Employees may choose
reimbursement for up to one-third (1I3) of their annual
vacation accrual, subject to the following conditions:
(1 ) the choice can be made only .once in each calendar
year;
UCOA 31 2000-2002 MOU
SECTION 10 - VACATION LEAVE
(2) payment shall be based on an hourly rate determined
by dividing the employee's monthly salary by
173.3333 (242.6666 for employees working a 56 hour
schedule);
(3) the maximum number of hours that may be
reimbursed in any year is one-third (1/3) of the annual
accrual.
In those instances where a lump-sum payment has been
made to employees in lieu of a retroactive general salary
adjustment for a portion of the calendar year, which is
subsequent to exercise by an employee of the buy-back
provision herein, that employee's vacation buy-back shall
be adjusted to reflect the percentage difference in base
pay rates upon which the lump-sum payment was
computed — provided that the period covered by the lump-
sum payment was inclusive of the effective date of the
vacation buy-back.
10.6 Vacation Allowance for Separated Employees.
On separation from District service, an employee shall be
paid for any unused vacation credits at the employee's
then current pay rate.
10.7 Vacation Leave on Reemployment from a
Layoff List. Employees with six (6) months or more
service in a permanent position prior to their layoff, who
are employed from a layoff list, shall be considered as
having completed six (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
UCOA 32 2000-2002 MOU
SECTION 11 - SICK LEAVE
authorized so that appropriate Payroll system override
actions can be taken.
SECTION 11 — SICK LEAVE
11 .1 Purpose. The primary purpose of paid sick
leave is to insure employees against loss of pay for
temporary absences from work due to illness or injury.
Sick leave is a benefit for use in situations within the
scope of sick leave policies and may not be used for
vacation or personal activities.
11 .2 Credit Accrued and Charges Against Sick
Leave. Sick leave credits accrue at the following rates:
1 . Shift Personnel Accruals (56-hour week). Sick
leave shall be accrued at the rate of twelve. (12)
hours for each completed month of service.
2. Day Personnel Accruals (40 hour week). Sick leave
shall be accrued at the rate of eight (8) hours for
each completed month of service.
3. General Terms
a. Unused sick leave credits accumulate without
limit.
b. Credits to and charges against sick leave shall be
made in minimum amounts of one-tenth (1/10)
hour or six (6) minute increments.
UCOA 33 2000-2002 MOU
SECTION 11 - SICK LEAVE
c. 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 employee
is re-employed in a permanent position within the
period of the individual's layoff eligibility.
d. As of the date of retirement, an employee's
accumulated sick leave is converted to retirement
time on the basis of one day of retirement service
credit for each day of accumulated sick leave
credit according to the policies and regulations of
the Retirement Office.
91 .3 Policies Governina the Use of Paid Sick
Leave.
A. Definition of Immediate Family. For the purposes of
Section 11 , immediate family shall be restricted to the
spouse, son, stepson, daughter, stepdaughter, father,
stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, niece, nephew, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-
law or sister-in-law, stepbrother, stepsister, foster
children, aunt, uncle, or cousin of an employee and/or
any other person for whom the employee is the legal
guardian or conservator or any person who is claimed
as "dependent" for IRS purposes by the employee.
B. Accumulated paid sick leave credits may be used by
an employee in pay status in the following instances:
UCOA 34 2000-2002 MOU
SECTION 11 - SICK LEAVE
1 . Temporary Illness or Injury of an Employee. An
employee may use paid sick leave credits when off
work because of a temporary illness or injury.
If an employee does not apply for sick leave and
the appointing authority believes that the employee
is not able to properly perform regularly assigned
work or that the general health of the employee is
impaired due to disability, the employee may be
required to undergo a physical examination by a
physician selected by the Fire Chief or the Chief's
designated representative, the cost of such
examination to be borne by the District. Based
upon the medical report, a mandatory sick leave
may be imposed upon the employee for the
duration of the temporary disability.
2. Permanent Disabilitv Sick Leave. Permanent
disability means an employee suffers from a
disabling physical injury or illness and is thereby
prevented from engaging in any District 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:
a. An application for retirement for disability has
been filed with the Retirement Board.
b. Satisfactory medical evidence of such disability is
received by the appointing authority within 30
UCOA 35 2000-2002 MOU
SECTION 11 - SICK LEAVE
days of the start of use of sick leave for
permanent disability.
c. The appointing authority may review medical
evidence and order further examinations 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 when the above conditions have
not been met.
3. 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.
4. 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.
a. 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,
UCOA 36 2000-2002 MOU
SECTION 11 - SICK LEAVE
and it must indicate the date of the
commencement of the disability as well as the
date the physician anticipates the disability to
terminate. The District retains the right to a
medical review of all requests for such leave.
b. If an employee does not apply for leave and the
appointing authority believes that the employee is
not able to properly perform work or that the
employee's 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 District, the cost of which shall be
borne by the District. Should the medical report
so recommend, a mandatory leave shall be
imposed upon the employee for the duration of
the disability.
c. If all accrued sick leave has been utilized by the
employee, the employee shall be considered on
an approved leave without pay unless the
employee chooses to use vacation or other non-
sick leave accruals. Sick leave may be
utilized after the employee has been released
from the hospital unless the employee has
provided the District with a written statement from
the employee's attending physician stating that
the disability continues and the projected date of
the employee's recovery from such disability.
UCOA 37 2000-2002 MOU
SECTION 11 - SICK LEAVE
5. Medical and Dental Appointments. An employee
may use paid sick leave credits:
a. For working time used in keeping medical and
dental appointments for the employee's own
care;
b. For working time used for prescheduled medical
and dental appointments for an immediate family
member.
c. Employees are responsible to schedule personal
and family medical and dental appointments to
avoid conflicts with scheduled workdays as much
as possible consistent with medical necessity.
d. Employees are responsible to notify the District
when they have a scheduled medical or dental
appointment on a duty day. In any emergency
situation, the appropriate supervisor must be
contacted immediately.
6. Emergency Care of Family. An employee may use
paid sick leave credits for working time used (1 ) to
personally care for an ill or injured immediate family
member if there is a real need for someone to
render care, no one else is available therefore, and
alternative arrangements for the care of the ill or
injured person are immediately undertaken; or (2)
to be present at the bedside of a seriously ill or
injured immediate family member; or (3) to
transport an ill or injured immediate family member
to receive medical care if no one else is available to
UCOA 38 2000-2002 MOU
SECTION 11 - SICK LEAVE
provide transportation. However, the time so
charged shall not exceed one shift for 56-hour week
employees and two days for 40-hour week
employees. This time period limit may be extended
at the discretion of the Fire Chief.
7. Death of FaMember. 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; this
shall not exceed three (3) consecutive 24-hour
shifts or five (5) consecutive 8-hour working days
without the Fire Chief's approval.
11 .4 Prohibited Uses of Paid Sick Leave.
Accumulated sick leave credits may not be used in the
following situations:
1 . Self-inflicted Inj�ry. Paid sick leave credits may not
be used for time off work for an employee's illness
or injury when proven to be purposely self-inflicted
or caused by employee's willful misconduct.
2. Vacation. Paid sick leave credits may not be used
for employee's illness or injury which occurs while
on vacation. However, when extenuating
circumstances exist, the Fire Chief may authorize
sick leave in place of vacation.
3. 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, i.e., leave of absence, suspension, etc.
UCOA 39 2000-2002 MOU
SECTION 'I1 - SICK LEAVE
11 .5 Sick Leave Incentive Plan. Employees shall be
eligible for payoff of unused sick leave accruals at
separation. This program is an incentive for employees to
safeguard sick leave accruals as protection against wage
loss due to time lost for injury or illness. Payoff must be
approved by the Director of Human Resources and can be
awarded only under the following conditions:
a. The employee must have resigned in good standing
b. Payout is not available if the employee is eligible to
retire
c. The balance of sick leave at resignation must be at
least seventy percent (70%) of accruals earned in the
preceding continuous period of employment,
excluding any sick leave use covered by the Family
and Medical Leave Act, the California Family Rights
Act, or the California Pregnancy Disability Act.
d. Payout shall be under the following schedule:
Years of Permanent Percent of Unused
Continuous Completed Service Sick Leave Paid
3-5 years 30%
5-7 years 40%
7 plus years 50%
e. No payoff shall be made pursuant to this section
unless the Contra Costa County Employees'
Retirement Association has certified that an employee
requesting a sick leave payoff has terminated
UCOA 40 2000-2002 MOU
SECTION 13 - LEAVE OF ABSENCE
membership in and has withdrawn his or her
contributions from the Retirement Association.
f. It is the intent of the Board of Supervisors that
payments pursuant to this section shall preclude
County retirement benefits resulting from employment
by the County or Districts governed by the Board.
SECTION 12 — NUMBER OF SHIFT BATTALION
CHIEFS OFF ON ELECTIVE LEAVE
Only one (1 ) shift Battalion Chief shall be permitted to take
time off on vacation, administrative leave or personal
holiday leave per shift at one time provided, however, that
the Fire Chief, at his sole discretion, may approve more
than one (1 ) shift Battalion Chief off per shift at one time.
SECTION 13 - LEAVE OF ABSENCE
13.1 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.
13.2 General Administration - Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when
UCOA 41 2000-2002 MOU
SECTION 13 - LEAVE OF ABSENCE
it is desired to begin the leave, and the probable date of
return.
A. Leave without pay may be granted for any of the
following reasons:
1 . Illness or disability;
2. pregnancy;
3. parental;
4. to take a course of study such as will
increase the employee's usefulness on
return to the position;
5. for other reasons or circumstances
acceptable to the appointing authority.
B. An employee must request family care leave at
least thirty (30) days before the leave is to begin
if the need for the leave is foreseeable. If the
need is not foreseeable, the employee must
provide written notice to the employer within five
(5) days of learning of the event by which the
need for family care leave arises.
C. A leave without pay may be for a period not to
exceed one (1 ) year, provided the appointing
authority may extend such leave for additional
periods. The procedure in granting extensions
shall be the same as that in granting the original
leave, provided that the request for extension
UCOA 42 2000-2002 MOU
SECTION 13 - LEAVE OF ABSENCE
must be made not later than thirty (30) calendar
days before the expiration of the original leave.
D. Nevertheless, a leave of absence for the
employee's serious health condition or for family
care shall be granted to an employee who so
requests it for up to eighteen (18) weeks in each
calendar year period in accordance with Section
13.5 below.
E. Whenever an employee who has been granted a
leave without any pay desires to return before the
expiration of such leave, the employee shall
submit a request to the appointing authority in
writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior
approval by the appointing authority. The Human
Resources Department shall be notified promptly
of such return.
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
illness, or serious health condition, the decision
of the appointing authority on granting or denying
a leave or early return from leave shall be subject
to appeal to the Director of Human Resources
and not subject to appeal through the grievance
procedure set forth in this MOU.
13.3 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
UCOA 43 2000-2002 MOU
SECTION 13 - LEAVE OF ABSENCE
the period of such service, plus ninety (90) days.
Additionally, any employee who volunteers for service
during a mobilization under Executive Order of the
President or Congress of the United States and/or the
State Governor in time of emergency, shall be granted a
leave of absence in accordance with applicable federal or
state laws. Upon the termination of such service, or upon
honorable discharge, the employee shall be entitled to
return to his/her position in the classified service provided
such still exists and the employee is otherwise qualified,
without any loss of standing of any kind whatsoever.
13.4 Family Care Leave or Medical Leave. Upon
request to the appointing authority, in each calendar year
any employee who has permanent status shall be entitled
to at least eighteen (18) weeks leave (less if so requested
by the.employee) for:
a. medical leave of absence for the employee's own
serious health condition which makes the employee
unable to perform the functions of the employee's
position; or
b. family care leave of absence without pay for reason of
the birth of a child of the employee, the placement of
a child with an employee in connection with the
adoption or foster care of the child by the employee,
or the serious illness or health condition of a child,
parent, spouse, or domestic partner of the employee.
13.5 Certification. The employee may be asked to
provide certification of the need for family care leave or
UCOA 44 2000-2002 MOU
SECTION 13 - LEAVE OF ABSENCE
medical leave. Additional period(s) of family care or
medical leave may be granted by the appointing authority.
13.6 Intermittent Use of Leave. The eighteen (18)
week entitlement may be in broken periods, intermittently
on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances
and situations surrounding the request for leave. The
eighteen (18) weeks may include use of appropriate
available paid leave accruals when accruals are used to
maintain pay status, but use of such accruals is not
required beyond that specified in Section 13.12 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.
13.7 Aggregate Use for Spouses. In the situation
where husband and wife are both employed by the
County, the family care of medical leave entitlement based
on the birth, adoption or foster care of a child is limited to
an aggregate for both employees together of eighteen (18)
weeks during each calendar year period. Employees
requesting family care leave are required to advise their
appointing authority(ies) when their spouse is also
employed by the County.
13.8 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
UCOA 45 2000-2002 MOU
SECTION 13 - LEAVE OF ABSENCE
stands in loco parentis or for whom the employee is
the guardian or conservator, or an adult dependent
child of the employee.
b. Parent: A biological, foster, or adoptive parent, a
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
c. Souse: A partner in marriage as defined in
California Civil Code Section 4100.
d. Domestic Partner: An unmarried person, eighteen
(18) years or older, to whom the employee is not
related and with whom the employee resides and
shares the common necessities of life.
e. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or
continuing treatment or continuing supervision by a
health care provider (e.g. physician or surgeon) as
defined by state and federal law.
f. Certification for 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:
UCOA 46 2000-2002 MOU
SECTION 13 - LEAVE OF ABSENCE
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the
employee needs to render care or supervision;
4. a statement that the serious health condition
warrants the participation of a family member to
provide care during period of treatment or
supervision;
5. if for intermittent leave or a reduced work
schedule leave, the certification should indicate
that the intermittent leave or reduced leave
schedule is necessary for the care of the
individual or will assist in their recovery, and its
expected duration.
g. Certification for Family Medical Leave. A written
communication from a health care provider of an
employee with a serious health condition or illness to
the employer, which need not identify the serious
health condition involved, but shall contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to
perform the functions of the employee's job;
UCOA 47 2000-2002 MOU
SECTION 93 - LEAVE OF ABSENCE
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.
13.9 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 11 .3
(Sick Leave Utilization for Pregnancy Disability), that time
will not be considered a part of the eighteen (18) week
family care leave period.
13.10 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 District contribution by
maintaining their employment in pay status as described in
Section 13.11 . During the eighteen (18) weeks of an
approved medical or family care leave under Section 13.4
above, the District 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
13.11 . In order to maintain such coverage, employees are
required to pay timely the full employee contribution to
UCOA 48 2000-2002 MOU
SECTION 13 - LEAVE OF ABSENCE
maintain their group health plan coverage, either through
payroll deduction or by paying the County directly.
13.11 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 11 - Sick
Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements; in other
words, during the first twelve (12) months, a
leave of absence without pay may be "broken"
into segments and accruals used on a monthly
basis at the employee's discretion. After the first
twelve (12) months, the leave period may not be
"broken" into segments and accruals may not be
used, except when required by LTD Benefit
Coordination or Sick Leave Integration or 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 11 - 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.
UCOA 49 2000-2002 MOU
SECTION 13 - LEAVE OF ABSENCE
C. Sick leave accruals may not be used during any
leave of absence, except as allowed under
Section 11 - Sick Leave.
13.12 Leave of Absence Replacement and
Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in
the same department at the time the employee was
granted a leave of absence, shall be reinstated to a
position in that classification and department and then only
on the basis of seniority. In case of severance from
service by reason of the reinstatement of a permanent
employee, the provisions of PMR Part 12 shall apply.
13.13 Reinstatement From Family Care/Medical
Leave. In the case of a family care or medical leave, an
employee on a 5/40 schedule shall be reinstated to the
same or comparable position if the return to work is after
no more than ninety (90) work days of leave from the initial
date of a continuous leave, including use of accruals, or
within the equivalent on an alternate work schedule. A full
time employee taking an intermittent or reduced work
schedule leave shall be reinstated to the same or
comparable position if the return to work on a full schedule
is after no more than 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.
UCOA 50 2000-2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
13.14 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.
13.15 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.
SECTION 14 - HEALTH AND WELFARE, LIFE AND
DENTAL CARE
14.1 Health Plan Contract Extension. The County
and the Association agree to extend all current health and
dental contracts through December 31 , 2000 and
thereafter, pending implementation of the CalPERS group
health benefits provided herein.
14.2 Health Plan. Effective as soon as is practicable
the District will substitute for the existing health benefit
contracts, as the exclusive health benefits provided under
this MOU, group health benefits through the California
Public Employees' Retirement System (CalPERS) for all
permanent full-time employees and permanent part-time
employees regularly scheduled to work at least twenty
UCOA 51 2000-2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
(20) hours per week in classes represented by the
Association. Open enrollment will be held approximately
sixty (60) days prior to the date of implementation.
Thereafter, the CalPERS 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 premium costs.
The Association acknowledges that CalPERS 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 Association acknowledges that notwithstanding this
MOU and during the time that it is in effect, CalPERS 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.
14.3 Contra Costa Health Plan (CCHP). Because
CCHP has met the minimum standards required under
PEMHCA and is approved as an alternative CalPERS plan
option, Association members and COBRA counterparts
may elect to enroll in CCHP under the CalPERS plan rules
and regulations.
14.4 Health Plan Contribution. The District's
contribution to the CalPERS monthly health plan
premiums for coverage hereunder shall be as provided
UCOA 52 2000-2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
below. Any increase in the Health Plan premium costs
greater than the District's contributions identified below
occurring during the duration of this MOU shall be borne
by the employee.
A. District's Contribution Effective Upon
Implementation
The District will contribute up to an amount,
equivalent to 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 Alternative Plan (CCHP)
premium.
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.
14.5 Dental Program. The District will continue to
offer the Delta and PMI Delta Care Dental plans to all
permanent employees in classes represented by the
Association.
14.6 Dental Contribution. The District's contribution
to the monthly dental plan premiums shall be as provided
below. These contributions are provided only for
permanent full-time and permanent part-time employees
regularly scheduled to work at least twenty (20) hours per
week. Permanent-intermittent, provisional and permanent
UCOA 53 2000-2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
part-time employees working less than twenty (20) hour
per week may enroll in a dental plan but are not entitled to
the District's contribution. Any increases in dental plan
costs greater than the District's contributions identified
below during the duration of this shall be borne by the
employee:
a. Delta and PMI DeltaCare: District will contribute
seventy-eight percent (78%) toward the monthly
dental premium.
b. Dental Only: Employees who elect dental
coverage as stated above without health
coverage will pay one cent ($.01 ) per month for
such coverage.
14.7 Rate Information. The County Benefits Service
Unit will make dental plan rate information and, to the
extent possible, CaIPERS 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.
14.8 Life Insurance Program. . The District will
continue the existing County group $7,500 Term Life
Insurance Plan for all permanent employees in classes
represented by the Association, provided they elect
County health and/or dental coverage.
14.9 Life Insurance Contribution. The District will
pay the entire premium on behalf of permanent full-time
and permanent part-time employees regularly scheduled
to work at least twenty (20) hours per week who elect
UCOA 54 2000-2002 MOU
i
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
health and/or dental coverage. Permanent-intermittent,
provisional and permanent part-time employees working
less than twenty (20) hours per week may participate in
the Life Insurance Plan at their full personal expense,
provided they elect County health and/or dental coverage.
14.10 Premium Payments. Employee participation in
any health, dental, or life insurance plan is contingent
upon the employee authorizing payroll deduction by the
District of the employee's share of the premium cost. The
District's contribution to health plan and dental plan
monthly premiums are payable as follows:
a. CalPERS Plan (Includes Alternate CCHP Plan).
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 Auditor-Controller. The responsibility for this
payment rests solely with the employee.
b. Dental and Life Insurance Plans.
The District's contribution to the dental and life
insurance premium (as described in Sections
14.6 and 14.9) is payable monthly. 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 Auditor-Controller. The responsibility for this
payment rests solely with the employee.
UCOA 55 2000-2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
14.11 Extended Coverage. An employee on approved
leave without pay shall be allowed to continue his/her
health/dental/life 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 and
by the District for the dental plans.
An employee who terminates District employment is
covered through the last day of the month in which he/she
is paid for District dental plans and through the last day of
the month following the month of termination for CalPERS
plans. Employees who terminate. District employment may
continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
14.12 Retirement Coverage. Upon retirement,
employees may, subject to plan requirements, remain in
the same District group medical plan if immediately before
their retirement they are either active subscribers to one of
the District Health Plans or if on authorized leave of
absence without pay, they have retained individual
conversion membership from the District plan.
Pursuant to CalPERS regulations, employees enrolled in
the CalPERS alternative plan (CCHP) at the time of
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SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
retirement are permanently precluded from enrolling in any
other CaIPERS or County health plan.
14.13 Dual Coverage.
A. CaIPERS Health Plan. Employees must adhere to
the rules as established by CaIPERS.
B. Dental Plans.
1 . In the event either of a husband or wife, who
both work for the District, becomes ineligible
for coverage, the remaining eligible member
shall be allowed to (a) enroll in a dental plan,
if not currently enrolled; or (b) add the
spouse and or dependent(s) to their existing
plan coverage provided they do so within
thirty (30) days of the date coverage is no
longer afforded under the spouse's plan.
2. In the event a spouse who does not work for
the County becomes ineligible for coverage,
the County employee shall be allowed to
enroll in a dental plan, if not currently
enrolled, or add the spouse and or
dependent(s) to their existing plan coverage
provided they do so within thirty (30) days of
the date coverage is no longer afforded
under the spouse's plan and evidence of the
termination of coverage is provided by the
spouse's employer.
UCOA 57 2000-2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
14.14 Management Life Insurance. Permanent
employees shall be covered, at District expense, by term
life insurance in the amount of forty-seven thousand
dollars ($47,000). The coverage shall include an
accelerated death benefit option. Premiums for this
insurance shall be paid by the District, with conditions of
eligibility to be reviewed annually. All employees covered
herein may also subscribe voluntarily for supplemental life
insurance coverage.
14.15 PERS Long Term 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).
14.16 Health Care Spending Account. The County
will offer regular full-time and part-time (20/40 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 $3,000 per year, for health care expenses not
reimbursed by any other health benefits plan with before
UCOA 58 2000-2002 MOU
SECTION 15 - PROBATIONARY PERIOD
tax dollars. HCSA dollars can be expended on any
eligible medical expenses allowed by Internal Revenue
Code Section 125. Any unused balance cannot be
recovered by the employee.
The District will continue to offer employees the option to
participate in the existing Countywide DCAP and premium
conversion programs.
14.17 Long-Term Disability Insurance. The District
shall continue the Long-Term Disability Insurance program
with a replacement limit of eighty-five percent (85%) of
total monthly base earnings reduced by any deductible
benefits.
SECTION 15 - PROBATIONARY PERIOD
15.1 Duration. All appointments from officially
promulgated employment lists for original entrance or
promotion shall be subject to a probationary period. This
period shall be for twelve (12) months.
15.2 Classes with Changed Probationary Periods.
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.
15.3 Probationary Period Time. 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
UCOA 59 2000-2002 MOU
SECTION 15 - PROBATIONARY PERIOD
positions or any period of continuous leave of absence
without pay or period of work connected disability
exceeding fifteen (15) calendar days. 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 (243 hours for shift employees)
per month.
15.4 Rejection Durina Probation. An employee who
is rejected during the probation period and restored to the
eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. 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, Association activities, or race,
color, national origin, sex, age, disability, or sexual
orientation.
B. The appeal must be written, must be signed by the
employee and set forth the grounds and the facts by
which it is claimed that grounds for appeal exist under
subsection (A) above and must be filed through the
Director of Human (Resources to the Merit Board by
5:00 p.m. on the 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) above, it may refer the matter to a Hearing Officer
UCOA 60 2000-2002 MOU
SECTION 15 - PROBATIONARY PERIOD
for hearing, recommend 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, the appellant shall
complete only the remainder of the probation period
unless the Merit Board specifically orders that the
appellant begin a new probation period.
15.5 Regular Appointment. The regular appointment
of a probationary employee shall begin on the day
following the end of the probationary period, subject to the
condition that the Director of Human Resources receive
from the appointing authority a statement in writing that
the services of the employee during the probationary
period were satisfactory and that the employee is
recommended for permanent appointment. A
probationary employee may be rejected at any time during
the probation period without regard to the Skelly
provisions of this Memorandum of Understanding, 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 the
appointing authority's intention to do so, the regular
UCOA 61 2000-2002 MOU
SECTION 15 - PROBATIONARY PERIOD
appointment shall begin on the day following the end of
the probationary period.
Notwithstanding any other provisions of this Memorandum
of Understanding, 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
District 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 District
from which the employee was promoted or transferred. A
probationary employee who has been rejected or has
resigned during probation shall not be restored to the
eligible list from which the employee was certified unless
the employee receives the affirmative recommendation
from the appointing authority and is certified by the
Director of Human Resources whose decision is final. The
Director of Human Resources shall not certify the name of
a person restored to the eligible list to the same appointing
authority by whom the person was rejected from the same
eligible list, unless such certification is requested in writing
by the appointing authority.
15.6 Layoff During Probation. An employee who is
laid off during probation, if reemployed in the same class,
shall be required to complete only the balance of the
required probation.
UCOA 62 2000-2002 MOU
SECTION 16 - PROMOTION
If reemployed 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
District other than the District 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
District from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
15.7 Rejection During Probation of Layoff
Employee. An employee who has achieved permanent
status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the
probation period shall be automatically restored to the
layoff list, unless discharged for cause, if the person is
within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and
appointed in a different district or classification than that
from which the employee was laid off.
SECTION 16 - PROMOTION
16.1 Promotion. Promotion shall be by competitive
examination unless otherwise provided in this
Memorandum of Understanding.
16.2 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.
UCOA 63 2000-2002 MOU
SECTION 16 - PROMOTION
16.3 Promotion Via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her position
reclassified at the request of the appointing authority and
under the following conditions:
a. An evaluation of the position(s) in question must show
that the duties and responsibilities have significantly
increased and constitute a higher level of work.
b. The incumbent of the position must have performed at
the higher level for one (1 ) year.
c. The incumbent must meet the minimum education
and experience requirements for the higher class.
d. The action must have approval of the Director of
Human Resources.
e. The Association approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
16.4 Requirements for Promotional Standing. In
order to qualify for an examination called on a promotional
basis, an employee must have probationary or permanent
status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing. date. If an employee who is
qualified on a promotional employment list is separated
UCOA 64 2000-2002 MOU
SECTION 17 - RESIGNATIONS
from the merit system, except by layoff, the employee's
name shall be removed from the promotional list.
16.5 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 a promotional examination.
16.6 Physical Examination as Part of Promotional
Examination. District employees who are required as
part of the promotional examination process to take a
physical examination shall do so on District time at District
expense.
SECTION 17 - 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.
UCOA 65 2000-2002 MOU
SECTION 17 - RESIGNATIONS
17.1 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.
17.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
A. An employee has been absent from duty for ten (10)
consecutive working days, (three shifts for employees
on a 56-hour work week) without leave; and
B. ten (10) more consecutive days (three shifts for
employees on a 56 hour work week) 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.
. 17.3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
17.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing authority.
17.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
UCOA 66 2000-2002 MOU
SECTION 17 - RESIGNATIONS
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, the
resignation shall be revoked and the employee
returned to duty effective on the day following the
appointing authority's acknowledgment without
loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the
receipt of the notice, the appointing authority
acknowledges that the resignation could have
been believed to be coerced, this question should
be handled as an appeal to the Merit Board. In
the alternative, the employee may file a written
election with the Director of Human Resources
waiving the employee's right of appeal to the
Merit Board in favor of the employee's appeal
rights under the Management Complaint
Procedure contained in Section 19 of the
Memorandum of Understanding, 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 or next assigned shift but
UCOA 67 2000-2002 MOU
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
without loss of seniority or pay, subject to the
employee's duty to mitigate damages.
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION
AND REDUCTION IN SALARY
18.1 Cause for Dismissal, Suspension, Demotion
and Reduction in Salam. The appointing authority may
dismiss, suspend, demote, or reduce in salary any
employee for cause. Reduction in salary shall not exceed
five percent (5%) of the employee's base salary.
Reduction in salary shall not exceed ninety (90)
consecutive calendar days. The following are sufficient
causes for such action; the list is indicative rather than
inclusive of restrictions and dismissal, suspension,
demotion or reduction in salary may be based on reasons
other than those specifically mentioned:
1 . absence without leave;
2. conviction of any criminal act involving moral
turpitude;
I conduct tending to bring the County, District or merit
system into disrepute;
4. disorderly or immoral conduct;
5. incompetence or inefficiency;
6. insubordination;
UCOA 68 2000-2002 MOU
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
7. 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/District premises;
8. neglect of duty, i.e., non-performance of assigned
responsibilities;
9. negligent or willful damage to public property or waste
of public supplies or equipment;
10. violation of any lawful or reasonable regulation or
order given by a supervisor or Fire Chief;
11 . willful violation of any of the provisions of the Merit
System Ordinance or Personnel Management
Regulations;
12. material and intentional misrepresentation or
concealment of any fact in connection with obtaining
employment;
13. misappropriation of District/County funds or property;
14. unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by this Memorandum of
Understanding;
15. dishonesty or theft;
16. excessive or unexcused absenteeism and/or
tardiness;
UCOA 69 2000-2002 MOU
SECTION 18 - DISMISSAL, SUSPENSION, .DEMOTION AND
REDUCTION IN SALARY
17. sexual harassment including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, visual or physical conduct of
a sexual nature, when such conduct has the purpose
or effect of affecting employment decisions
concerning an individual, interfering with an
individual's work performance, or creating an
intimidating, hostile or an offensive working
environment.
18.2 Skelly Requirements. Before taking a
disciplinary action to dismiss, suspend for more than five
(5) work days (48 hours for employees on a 56 hour
workweek) or demote an employee, the appointing
authority shall cause to be served personally or by
certified mail on the employee, a Notice of Proposed
Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges, including the acts or omissions
and grounds upon which the action is based.
C. If it is claimed that the employee has violated a rule or
regulation of the County 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.
UCOA 70 2000-2002 MOU
SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
E. A statement that the employee has seven (7)
calendar days to respond to the appointing authority
either orally or in writing.
Employee Response. The employee upon whom a Notice
of Proposed Action has been served shall have seven (7)
calendar days to respond to the appointing authority either
orally or in writing before the proposed action may be
taken. Upon request of the employee and for good cause,
the appointing authority may extend in writing the period to
respond. If the employee's response is not filed within
seven (7) days or during any extension, the right to
respond is lost.
18.3 Leave Pending_ Employee Response. Pending
response to a Notice of Proposed Action within the first
seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the
employee on temporary leave of absence with pay.
18.4 Suspensions Without Pay. shall not exceed
thirty (30) consecutive days unless ordered by an
arbitrator, an adjustment board or the Merit Board.
18.5 Procedure on Dismissal. Suspension or
Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or
demote an employee having permanent status in a
position in the merit system, after having complied
with the Skelly requirements where applicable, the
appointing authority shall make an order in writing
stating specifically the causes for the action.
UCOA 71 2000-2002 MOU
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
B. Service of Order. Said order of dismissal,
suspension, or demotion shall be filed with the
Director of Human Resources showing by whom and
the date a copy was served upon the employee to be
dismissed, suspended or demoted, either personally
or by certified mail to the employee's last known
mailing address. The order shall be effective either
upon personal service or deposit in the U.S. Postal
Service.
C. Employee App from Order. The employee may
appeal an order of dismissal, suspension or demotion
to the Merit Board or through the procedures of
Section 19, Management Complaint Procedure, of
this Memorandum of Understanding, provided that
such appeal is filed in writing with the Director of
Human Resources within ten (10) calendar days after
service of said order.
SECTION 19 — MANAGEMENT COMPLAINT
PROCEDURE
19.1 Management Complaint Procedure. A
complaint is any dispute which involves the interpretation
or application of any provision of this Memorandum of
Understanding (excluding, however, those provisions of
this Memorandum of Understanding which specifically
provide that the decision of any County/District official
shall be final, the interpretation or application of those
provisions not being subject to the complaint procedure) or
disciplinary actions. The Association may represent the
employee at any stage of the process. Complaints must
UCOA 72 2000-2002 MOU
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
be filed within fifteen (15) days of the incident or
occurrence about which the employee claims to have a
complaint and shall be processed in the following manner.
A. Step 1 . Any employee or group of employees who
believes a provision of this Memorandum of
Understanding has been misinterpreted or misapplied
to the employee's detriment shall discuss the
complaint on an informal basis with the employee's
appropriate chief officer who shall meet with the
employee and respond to the complaint within five (5)
duty shifts, or ten (10) workdays in the case a
complaint filed by employees assigned to a forty (40)
hour workweek, of a request to hold such a meeting.
B. Step 2. If a complaint is not satisfactorily resolved in
Step 1 above, the employee may submit the
complaint in writing within five (5) calendar days to
such management official, other than the chief officer
who participated in Step 1 above, as the Fire Chief
may designate. This formal written complaint shall
state which provision of the Memorandum of
Understanding has been misinterpreted or
misapplied, how the misinterpretation or
misapplication has affected the employee to the
employee's detriment, and the redress the employee
seeks. A copy of each written communication on a
complaint shall be filed with the Director of Human
Resources. The designated management official
shall have ten (10) workdays in which to respond to
the complaint in writing.
UCOA 73 2000-2002 MOU
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
C. Step 3. If a complaint is not satisfactorily resolved in
Step 2 above, the employee may appeal in writing
within five (5) workdays to the Director of Human
Resources. The Director of Human Resources or
designee shall have fifteen (15) workdays in which to
investigate the merit of the complaint and to meet with
the Fire Chief or designee and the employee to
attempt to settle the complaint and to respond in
writing to the employee and the employee's
Association representative.
D. Step 4. No complaint may be processed under this
Section which has not first been filed and investigated
in accordance with Step 3 above and filed within five
(5) calendar days of the written response. of the
Director of Human Resources or designee. If the
parties are unable to reach a mutually satisfactory
accord on any complaint which arises and is
presented during the term of this Memorandum of
Understanding, such complaint shall be submitted in
writing within five (5) calendar days to the Director of
Human Resources requesting that the. complaint be
submitted to an Adjustment Board. Such Adjustment
Board is to be comprised of three (3) Association
representatives, no more than one (1 ) of whom shall
be either an employee of the District or a member of
the Association presenting this complaint, and three
(3) representatives of the District, no more than one
(1 ) of whom shall be an employee of a District
covered by this MOU, or a County employee or a
member of the staff of an organization employed to
represent the District in the meeting and conferring
process. The Adjustment Board shall meet and
UCOA 74 2000-2002 MOU
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
render a decision within fifteen (15) calendar days of
receipt of a written request.
E. Step 5. Within ten (10) calendar days of exhaustion
of this procedure through Step 4, the Association may
request a meeting and/or discussion with the Fire
Chief regarding the complaint. The Association may
— up to a maximum of three (3) times during the
course of this MOU (and non-cumulative beyond this
MOU) - take such complaint to binding arbitration as
described below.
Subject to the limitations described above, if an
Adjustment Board is unable to arrive at a majority
decision, either the employee (or the County/District,
when alleging a violation of Section 19.2 below) may
require the complaint be referred to an impartial
arbitrator who shall be designated by mutual
agreement between the employee and the Director of
Human Resources. Such request shall be submitted
within ten (10) calendar days of the rendering of the
Adjustment Board decision to the Director of Human
Resources (or the designated representative of the
Association when the County/District is alleging a
violation of Section 19.2 below). Within thirty (30)
calendar days of the request for arbitration, the
parties shall mutually select an arbitrator. The fees
and expenses of the arbitrator and of the Court
Reporter shall be shared equally by the employee and
the District. Each party, however, shall bear the costs
of its own presentation, including preparation and
post-hearing briefs, if any.
UCOA 75 2000-2002 MOU
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
F. For the purposes of this Section 19 the term
"workday" shall be defined as any day except a
Saturday, Sunday or holiday.
19.2 Scope of Adiustment Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators
on matters properly before them shall be final
and binding on the parties hereto, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall
entertain, hear, decide or make
recommendations on any dispute unless such
dispute involves a position in a unit represented
by the Association which has been certified as
the recognized employee organization for such
unit and unless such dispute falls within the
definition of a complaint as set forth in Section
19.1 above.
C. Proposals to add to or change this Memorandum
of Understanding or to change written
agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend, or
terminate this Memorandum of Understanding
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 Memorandum
of Understanding or written agreements
UCOA 76 2000-2002 MOU
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
supplementary hereto or to establish any new
terms or conditions of employment.
D. If the Director of Human Resources in pursuance
of the procedures outlined in Section 19.1C
above, or the Adjustment Board in pursuance of
the provisions of Section 19.1D above, resolve a
complaint which involves suspension or
discharge, they may agree to payment for lost
time or to reinstatement with or without payment
for lost time; but, in the event that the complaint
is carried to arbitration and such employee is
found to have been properly discharged under
the provisions of Section 19, such employee may
not be ordered reinstated and no penalty may be
assessed upon the County/District.
19.3 Clarification on Time Limits of the Complaint
Procedure. The time limits and steps specified above
may be waived by mutual agreement of the parties to the
complaint. If the District fails to meet the time limits
specified in Steps 1 through 3 above, the complaint will
automatically move to the next step. If a complainant fails
to meet the time limits specified in Steps 1 through 5
above, the complaint will be deemed to have been settled
and withdrawn.
19.4 Representation Outside of Association. An
official, with whom a formal complaint is filed by a
complainant who is included in a unit represented by the
Association, but is not represented by the Association in
the complaint, shall give the Association a copy of the
formal presentation.
UCOA 77 2000-2002 MOU
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
19.5 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Director of Human
Resources. Only complaints which allege that,employees
are not being compensated in accordance with the
provisions of this Memorandum of Understanding shall be
considered as complaints. Any , other matters of
compensation are to be resolved in the meeting and
conferring process, if not detailed in the Memorandum of
Understanding 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 adjustments shall be retroactive for more
than six (6) months from the date upon which the
complaint was filed. No change in this Memorandum of
Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or
arbitration proceedings hereunder) will be recognized
unless agreed to by the District and the Association.
19.6 No Strike. During the term of this Memorandum
of Understanding, the Association, its members and
representatives, agree that it and they will not engage in,
authorize, sanction or support any strike, slowdown,
refusal to perform customary duties, stoppage of work or
sickout against the District.
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 the employee's supervisor
UCOA 78 2000-2002 MOU
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
as soon as possible, and provided further that an
employee may be required to cross a picket line where the
performance of the employee's duties is of an emergency
nature and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
19.7 Merit Board.
A. All complaints of employees in the representation
unit represented by the Association shall be
processed under Section 19 unless the employee
elects to apply to the Merit Board on matters
within its jurisdiction.
B. No action under Steps (3), (4) or (5) of
Subsection 19.1 above shall be taken if action on
the complaint has been taken by the Merit Board,
or if the complaint is pending before the Merit
Board.
19.8 Complaint Filing_ The Association may file a
complaint at Step 3 on behalf of affected employees when
action by the County Administrator or the Board of
Supervisors violates a provision of this Memorandum of
Understanding.
19.9 Letter of Reprimand. Letters of reprimand are
subject to the complaint procedure but shall not be
processed past Step 3. Letters of reprimand shall be
served personally or by certified mail on the affected
employee. A copy of the letter of reprimand shall be
placed in the employee's official personnel file maintained
by the District.
UCOA 79 2000-2002 MOU
SECTION 20 - EMPLOYEE REPRESENTATION RIGHTS
SECTION 20 - EMPLOYEE REPRESENTATION RIGHTS
The District recognizes an employee's right to
representation during any disciplinary interview or
meeting, which may result in discipline. The District will
not interfere with the representative's right to assist an
employee to clarify the facts during the interview.
SECTION 21 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581 .1 , the
District will continue to pay fifty percent (50%) of the
retirement contributions normally required of employees.
Such payments shall continue until the provisions, outlined
below, go into effect.
Effective sixty (60) to ninety (90) days subsequent to
approval of the UCOA MOU by the Board of Supervisors
and pursuant to United States Code, Title 26, Subtitle A,
Chapter 1 , Subchapter D, Part I, Subpart B, Section
414(h)(2), the following Retirement Contribution Procedure
will be implemented:
The employee's base pay will be increased by 3.9%. This
amount is one half (1/2) the average retirement
percentage rate paid by represented members (not
including cost of living program contribution).
The employee will be responsible for one hundred percent
(100%) of the normal contribution required of the
employee. The contribution will be deducted from the
employee's earnings pretax based on the individual_
UCOA 80 2000-2002 MOU
SECTION 22 - SAFETY
employee's retirement contribution percentage, based on
age of entry into the retirement system.
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 District paying any part of the employees
share. The District will pay the remaining one-half (1/2) of
the retirement cost-of-living program contribution.
SECTION 22 - SAFETY
The District shall expend every effort to see to it that the
work performed under the terms and conditions of this
Memorandum of Understanding is performed with
maximum degree of safety consistent with the requirement
to conduct efficient operations.
SECTION 23 - MILEAGE
Reimbursement for Use of Personal Vehicle. The mileage
allowance for use of personal vehicles on District 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.
UCOA 81 2000-2002 MOU
SECTION 24 - UNIFORM ALLOWANCE
SECTION 24 - UNIFORM ALLOWANCE
The monthly uniform allowance for all employees in
represented classes for which a uniform is required shall
be $50/month.
SECTION 25 - CERTIFICATION REQUIREMENTS
25.1 Required Certifications. Incumbents of each of
the classifications represented by the Association shall, at
all times, possess current certification appropriate for
practice in Contra Costa County in First Responder Public
Safety and Hazardous Materials Incident Commander.
25.2 General Terms.
a. The District will provide maintenance training to
incumbent employees to comply with the
requirements of Section 25.1 above.
b. Employees appointed into any of the applicable
classifications (excepting movements between these
classifications) shall obtain these certifications within
six (6) months of appointment. The District will
provide initial certification training to these employees.
SECTION 26 — OTHER TERMS OF EMPLOYMENT
26.1 Longevity Pay. Employees who have
completed ten (10) years of appointed service for the
District shall be eligible to receive a two and one-half
UCOA 82 2000-2002 MOU
SECTION 26 — OTHER TERMS OF EMPLOYMENT
percent (2.5%) longevity differential.
26.2 Deferred Compensation Incentive. The District
contribution to employees who participate in the County's
Deferred Compensation Plan is fifty dollars ($50) per
month. To be eligible for this incentive, employees must
contribute to the deferred compensation plan as indicated
below.
Monthly Contribution
Employees with Required to Maintain
Current Qualifying Base Incentive Program
Monthly Salary of: Contribution Amount: Eli ibili
$2,500 and below $250 $50
2,501 - 3,334 500 50
3,335 - 4,167 750 50
4,168 - 5,000 1,000 50
.5,001 - 5,834 1 ,500 100
5,835 - 6,667 2,000 100
6,668 & above 2,500 100
Employees who discontinue contributions or who
contribute less than the required amount per month for a
period of one (1 ) month or more will no longer be eligible
for the fifty dollar ($50) District supplement. To reestablish
eligibility, employees must again make a Base
Contribution Amount as set forth above based on current
monthly salary. Employees with a break in deferred
compensation contributions either because of an approved
medical leave or an approved financial hardship
withdrawal shall not be required to reestablish eligibility.
Further, employees who lose eligibility due to
displacement by layoff, but maintain contributions at the
required level and are later employed in an eligible
position, shall not be required to reestablish eligibility.
UCOA 83 2000-2002 MOU
SECTION 26 - OTHER TERMS OF EMPLOYMENT
26.3 Training. Employees shall be eligible for career
development training reimbursement in the maximum
amount not to exceed $650 per fiscal year.. The policy for
reimbursement of training expenses shall be consistent
with County and District policies on Travel and Training.
26.4 Educational Incentive Program. Employees
who possess the appropriate certificates or educational
degrees beyond the minimum requirements for their class
and/or meet the appropriate continuing educational
requirements shall be eligible to qualify for professional
development educational incentives under the conditions
described herein.
1 . Incumbents of the following classifications are eligible to
participate in this incentive program:
Battalion Chief
Chief, Fire Emergency Medical Services
2. All differentials shall be designated as either contingent
or permanent allowances and shall be awarded in
increments of 2.5% of monthly base salary. The
combined contingent and permanent educational
incentives awarded any employee in any class noted
above shall not exceed 7.5% of monthly base pay.
3. This plan is subject to appropriate administrative
guidelines and controls promulgated by the Fire Chief
and approved by the Human Resources Director to
ensure that the standards described herein are met.
These guidelines include, but are not limited to, the
following:
UCOA 84 2000-2002 MOU
SECTION 26 - OTHER TERMS OF EMPLOYMENT
a. Employees who become qualified for permanent
allowances at either the 2.5% or 5% levels as
described herein shall be eligible for receipt of the
appropriate allowance beginning on the date of
qualification.
b. Employees who qualify for either the permanent or
contingent levels of allowance described herein do
so effective the first day of the month providing that
acceptable documentation is received by Fire
District Administration not later than the twenty-fifth
(25th) of the proceeding month.
4. The program is intended to encourage the further
professional . development of eligible personnel by the
pursuit and achievement of job-related certificates or
degrees as follows:
a. A Certificate of Achievement in Fire Technology,
Business Administration, Management and
Supervision or a related field from an accredited
college.
b. An Associate of Arts or Science Degree from an
accredited college with a major in Fire
Technology, Business Administration,
Management and Supervision or a related field.
c. A Chief Officer Certificate issued by the Office of
the State Fire Marshal.
UCOA 85 2000-2002 MOU
SECTION 26 - OTHER TERMS OF EMPLOYMENT
d. A Baccalaureate Degree from an accredited
college or university with a major in Business or
Public Administration or a related field.
5. Qualifications for allowances shall be under the
following conditions:
a. A contingent allowance of 2.5% shall be awarded
for annually completing at least forty (40) hours of
approved education or training or at least three (3)
approved college semester units (or equivalent
quarter units) or an approved combination thereof
in pursuit of options (a) through (d) in Section 4
above.
b. A permanent allowance of 2.5% shall be awarded
for possession of one of options (a) through (d) in
Section 4 above. Only one 2.5% permanent
allowance is available within this category.
c. A permanent allowance of 2.5% shall be awarded
for possession of one of options (a) through (d) in
Section 4 and additional contingent allowance of
2.5% shall be awarded for annually completing at
least forty (40) hours of approved educational or
training or at least three (3) approved college
semester units (or equivalent quarter units) or an
approved combination thereof in pursuit of any
other option consistent with the officially declared
educational objective.
d. A permanent allowance of 5% shall be awarded
for possession of either (1 ) options (b) and (c) in
UCOA 86 2000-2002 MOU
SECTION 26 - OTHER TERMS OF EMPLOYMENT
Section 4 above or (2) options (a) and (d) in
Section 4. A person receiving this allowance may
not receive an allowance under Section 5(b).
e. A permanent allowance of 5% shall be awarded
for possession of either (1 ) options (b) and (c) in
Section 4 or (2) options (a) and (d) in Section 4
and an additional contingent allowance of 2.5%
shall be awarded for annually completing at least
forty (40) hours of approved education or training
or at least three (3) approved college semester
units (or equivalent quarter units) or an approved
combination thereof consistent with the officially
declared educational objective. Normally, this
objective would be a Fire Chief certificate issued
by the Office of the State Fire Marshal, a
Baccalaureate Degree or a Master's Degree.
26.5 Management Development Policy. Employees
shall be authorized to attend professional training
programs, seminars and workshops - a minimum of thirty
(30) hours annually, during normal work hours only with
the Fire Chiefs approval — for the purpose of developing
knowledge, skills and abilities in the areas of supervision,
management and District/County policies and procedures.
The Fire District is encouraged to provide professional
development opportunities for people newly promoted into
positions of direct supervision.
Priority for professional training programs shall be afforded
those offered through the Contra Costa Training Institute.
UCOA 87 2000-2002 MOU
SECTION 26 - OTHER TERMS OF EMPLOYMENT
Other related and appropriate training/education resources
approved by the Fire District may be considered.
To encourage personal and professional growth, the
District provides reimbursement for certain expenses
incurred by employees for job-related training (required
training and career development training/education):
Provisions for eligibility and reimbursement are
determined by the District and County and outlined in
District.and County policy.
26.6 Professional Development Reimbursement.
Employees shall be eligible for reimbursement of up to
$450 for each two (2) year period beginning January 1 ,
.2001 for memberships in professional organizations,
subscriptions to professional publications, attendance fees
at job-related professional development activities and
purchase of computer hardware and software.
Authorization for individual professional development
reimbursement requests shall be made by the Fire Chief.
Reimbursement will occur through the regular demand
process with demands being accompanied ' by proof of
payment.
26.7 Bilingual Pay Differential. A monthly salary
differential shall be paid to incumbents of, positions
requiring bilingual proficiency as designated by the Fire
Chief and the Human Resources Director. The differential
shall be prorated for employees working less than full time
and/or on an unpaid leave of absence during any given
month. The differential shall be sixty-five dollars ($65) per
month.
UCOA 88 2000-2002 MOU
SECTION 27 - SPECIAL ASSIGNMENT PRE-APPROVAL
Designation of positions for which bilingual proficiency is
required is the sole prerogative of the County, and such
designations may be amended or deleted at any time.
26.8 Emergency Recall and Standby Differential. A
salary differential in the amount of five percent (5%) of
monthly base salary shall be in effect for personnel
assigned to standby and emergency recall duty a
minimum of two (2) weeks each month. Such personnel
assigned to standby and emergency recall for one (1 )
week in each four (4) consecutive weeks shall be eligible
to receive a differential in the amount of two and one-half
percent (21/2%) of monthly base salary.
SECTION 27 — SPECIAL ASSIGNMENT PRE-
APPROVAL
Any special assignment of personnel must be pre-
approved, in writing, by the appropriate Assistant Chief or,
in their absence, the Duty Fire Chief.
SECTION 28 — DAYS AND HOURS OF WORK
A. In general, the employee in the class of Chief, Fire
Emergency Medical Services, and employees in Day
Battalion Chief positions shall usually be assigned to a
forty (40) hour per week schedule. The forty hour per
week schedule shall usually be five (5) eight-hour days
or, with the permission of the Fire Chief or designee and
per Fire District policy, a "nine/eighty" ("9/80") schedule.
The remaining employees in the Shift Battalion Chief
UCOA 89 2000-2002 MOU
SECTION 28 - DAYS AND HOURS OF WORK
positions shall usually be assigned to a fifty-six (56)
hour per week schedule consisting of three (3) 24-hour
shifts in a nine (9) day cycle with four (4) consecutive
days off (commonly referred to as "3 and 4") in providing
Shift Battalion Chief coverage.
Nothing herein shall preclude the Fire Chief or designee
from assigning employees of this unit between the
existing work schedules or to the work assignments
which best meet the workload demands and operational
needs of the District and/or which results in the
provision of effective, efficient services to the public.
B. In the event that the Fire Chief or designee determines
a need to reassign Battalion Chief(s) from one battalion
to another battalion, from one 56-hour shift to another
56-hour shift, or both, the Fire Chief or designee will
provide written notice to all Battalion Chiefs of such
need.
The Fire Chief or designee will meet with the Battalion
Chiefs as a group. There shall be at least five (5) days
advance notice of the meeting. At the meeting to
discuss the change, the Battalion Chiefs' input shall be
solicited. The Battalion Chiefs will have the opportunity
to request reassignment in writing. The Fire Chief or
designee will provide at least five (5) days notice, prior
to implementing the change.
After such meeting and notice, the Fire Chief or
designee will make reassignment(s) at his/her sole
discretion.
UCOA 90 2000-2002 MOU
SECTION 28 - DAYS AND HOURS OF WORK
C.In the event that the Fire Chief or designee determines
a need to reassign a bargaining unit member from one
schedule to another schedule listed, in Section A., the
Fire Chief or designee will provide written notice to all
Battalion Chiefs of such need.
The Fire Chief or designee will meet with the Battalion
Chiefs as a group. There shall be at least seven (7)
days advance notice of the meeting. At the meeting to
discuss the change, the Battalion Chiefs' input shall be
solicited. The Battalion Chiefs will have the opportunity
to request reassignment in writing. The Fire Chief or
designee will provide at least seven (7) days notice,
prior to implementing the change.
After such notice and meeting, the Fire Chief or
designee may make reassignment(s).
If the Association makes a request within five (5) days of
this assignment, the Fire Chief or designee will meet
with representatives of the Association to discuss the
assignment(s) and to review alternatives. The Fire
Chief or designee will then confirm or amend the
assignment(s).
In the event that the affected employee(s) assignment is
involuntary, the assignment shall not exceed one (1 )
year. ,
D.Nothing herein shall preclude the Fire Chief or designee
from making assignments as necessary to deal with
emergency conditions. The Fire Chief or designee shall
follow the provisions listed above as soon as possible
UCOA 91 2000-2002 MOU
SECTION 29 - BATTALION CHIEF OPENINGS
after the emergency assignment is proposed and/or has
been made.
SECTION 29 — BATTALION CHIEF OPENINGS
As assignments for a Battalion Chief occur, Battalion
Chiefs shall be notified of such openings and be afforded
an opportunity to request reassignment - said request to
be submitted in writing to the Fire Chief or designee.
However, requests will be granted or denied at the sole
discretion of the Fire Chief.
SECTION 30 — SERVICE AWARDS
The District shall continue its present policy with respect to
service awards including time off; provided, however, that
the type of award given shall be at the sole discretion of
the County.
SECTION 31 — DEFINITIONS FOR SERVICE AWARDS
AND VACATION ACCRUALS
The length of service credits of each employee of the
District shall date from the beginning of the last period of
continuous District employment (including temporary,
provisional and permanent status, and absences on
approved leave of absence). When an employee
separates from a permanent position in good standing and
within two (2) years is re-employed in a permanent District
position or is re-employed in a permanent District position
UCOA 92 2000-2002 MOO
SECTION 32 - UNFAIR LABOR PRACTICE
from a layoff list within the period of layoff eligibility,
service credits shall include all credits accumulated at time
of separation, but shall not include the period of
separation. The Director of Human Resources shall
determine these matters based on the employee status
records in their department.
SECTION 32 - UNFAIR LABOR PRACTICE
Either the District/County or the Association may file an
Unfair Labor Practice, as defined in Chapter 34-22 of
Resolution 81/1165, against the other.
If not resolved in discussions between the parties, the
parties may, but need not agree to have allegations of an
Unfair Labor Practice heard by a -mutually agreed upon
impartial third party.
SECTION 33 - ADOPTION
The provisions of this Memorandum of Understanding
shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and
Ordinances, where necessary, shall be prepared and
adopted in order to implement these provisions. It is
understood that where it is determined that an Ordinance
is required to implement any of the foregoing provisions,
said provisions shall become effective upon the first day of
the month following thirty (30) days after such Ordinance
is adopted.
UCOA 93 2000-2002 MOU
SECTION 34 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
SECTION 34 - SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
34.1 Scope of Agreement. Except as otherwise
specifically provided herein, this Memorandum of
Understanding represents the full and complete
incorporation of those proposals which were considered
and evaluated pursuant to the meet and confer process.
This Memorandum of Understanding constitutes the entire
and sole agreement between the Parties on any and all
matters that were presented during the meet and confer
process. If a proposal was made by either Party and not
incorporated within this Agreement, then it was considered
and rejected.
34.2 Separability of Provisions. Should any section,
clause or provision of this Memorandum of Understanding
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 Memorandum of Understanding.
34.3 Personnel Managlement Regulations. Where a
specific provision contained in a section of this
Memorandum of Understanding conflicts with a specific
provision contained in a section of the Personnel
Management Regulations, the provision of this
Memorandum of Understanding shall prevail. Those
provisions of the Personnel Management Regulations
within the scope of representation which are not in conflict
with the provisions of this Memorandum of Understanding
UCOA 94 2000-2002 MOU
SECTION 34 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
and those provisions of the Personnel Management
Regulations which are not within the scope of
representation shall be considered in full force and effect.
34.4 Duration of Agreement. This Agreement shall
continue in full force and effect from July 1 , 2000 to and
including June 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: wce:w em 9 . ztv,
FOR THE DI TRICT: FOR UCOA:
C
S
• w+
UCOA 95 2000-2002 MOU
UNITED CHIEF OFFICERS ASSOCIATION
SUBJECT INDEX
Acting Battalion Chief Assignments ................................ 27
Acting in a Higher Class.................................................. 24
Adjustment Board ........................................................... 76
Administrative Leave ...................................................... 26
Adoption.......................................................................... 93
Anniversary Dates. ......................................................... 17
Arbitration Decisions ....................................................... 76
Assignment of Classes ................................................... 12
Association Notification ................................................... 27
Association Recognition.................................................... 6
Association Representatives........................................... 16
Association Security ......................................................... 7
Attendance at Meetings .................................................. 15
Battalion Chief Openings ................................................ 92
BilingualPay ................................................................... 88
Certification Requirements.............................................. 82
Coerced Resignations. ................................................... 66
Communicating With Employees. ..................................... 9
Compensation Complaints. ............................................. 78
Constructive Resignation. ............................................... 66
Contra Costa Health Plan (CCH P). ................................. 52
UCOA i 2000-2002 MOU
Days and Hours of Work................................................. 89
Deferred Compensation.................................................. 83
Definitions ......................................................................... 2
Demotion ........................................................................ 68
Dental Contribution. ........................................................ 53
Dental Program............................................................... 53
Discrimination Prohibited ................................................ 14
Dismissal ........................................................................ 68
District Buildings ............................................................. 11
Dues Deduction. ............................................................... 7
Duration of Agreement.................................................... 95
Educational Incentive...................................................... 84
Effective Resignation. ..................................................... 66
Emergency Care of Family ............................................. 38
Emergency Recall and Standby Differential.................... 89
FamilyCare Leave.......................................................... 44
General Wage Increases ................................................ 16
Health Care Spending Account....................................... 58
Health Plan Contribution. ................................................. 52
HealthPlan. .................................................................... 51
Holidays .......................................................................... 28
Immediate Family, Definition........................................... 34
Increments Within Range................................................ 18
UCOA ii 2000-2002 MOU
Layoff During Probation. ................................................. 62
Leave of Absence ........................................................... 41
Letter of Reprimand. ....................................................... 79
Life Insurance Program................................................... 54
LongevityPay ................................................................. 82
Long-Term Disability Insurance. ..................................... 59
Maintenance of Membership............................................. 9
Management Complaint Procedure. ............................... 72
Management Development..............................................87
Management Life Insurance. .......................................... 58
Medical and Dental Appointments .................................. 38
Medical Leave................................................................. 44
MeritBoard. .....:.............................................................. 79
Mileage ........................................................................... 81
MilitaryLeave.................................................................. 43
Official Representatives .................................................. 15
Overtime Compensation. ................................................ 26
Pay Warrant Errors. ........................................................ 25
Payment.......................................................................... 24
PERS Long Term Care. .................................................. 58
Personnel Management Regulations .............................. 94
Position Reclassification. ................................................ 20
Pregnancy Disability ....................................................... 36
Probationary Period ........................................................ 59
Professional Development .............................................. 88
Promotion. ...................................................................... 63
UCOA iii 2000-2002 MOU
Reduction in Salary......................................................... 68
Regular Appointment. ..................................................... 61
Reinstatement From Family Care/Medical Leave. .......... 50
Rejection During Probation. ............................................ 60
Representation Rights .................................................... 80
Resignation in Good Standing. ....................................... 66
Resignations ................................................................... 65
Retirement Contribution .................................................. 80
Safety ............................................................................ 81
.Salaries........................................................................... 16
Salary on Involuntary Demotion. ..................................... 23
Salary on Promotion. ...................................................... 22
Salary on Voluntary Demotion. ....................................... 23
Scope of Agreement ....................................................... 94
Seniority Credits. ............................................................ 65
Separability of Provisions................................................ 94
ServiceAwards ............................................................... 92
SickLeave ............................................... ..................... 33
Sick Leave Incentive Plan. .............................................. 40
Skelly Requirements. ...................................................... 70
Special Assignments ...................................................... 89
Strike. ............................................................................. 78
Suspensions Without Pay. .............................................. 71
Training. .......................................................................... 84
Unauthorized Absence. .................................................. 51
Unfair Labor Practice ...................................................... 93
Uniform Allowance........................................................... 82
UCOA iv 2000-2002 MOU
Vacation Accrual Rates................................................... 30
VacationBuy Back.......................................................... 31
VacationLeave ....................................................I........... 29
Withdrawal of Membership. .............................................. 9
Written Statement for New Employees. .......................... 13
UCOA v 2000-2002 MOU