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Home My WebLink AboutMINUTES - 10012002 - D.3D THE BOARIXOF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002, bythe following vote; AYES: Supervisors Uillwma, DeSaulnier, Glover and Gioia NOES: Nme ABSENT: None ABSTAIN: Supervisor Gerber* Subject: Resolution No. 2002!6 .: Adapt the Memorandum of Understanding} With SEW Local 535 Rank & Fiile Unit __J BE BE 1T RESOLVED that the Board of Supervisors of,Contra Costa County ADOPT the extension of the Memorandum of Understanding (MOU) [copy attached and included as part of this document] between Contra Costa County and SEIU 'Local 535 Rank & File Unit-jointly signed by Kathy Ito, Labor Relations Manager, and Joyce Baird, SEiU Local 535 Senior Field Representative - regarding economic terms and conditions for October 1, 1999 through September 30, 2005 for those classifications represented by that employee organization. *See attacked addendm 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 shows: ATTESTED October 1, 2002 JOHN SWEETEN, 'Clerk of the Board of Supervisors:and County Administrator By , - Deputy Contact:Human Resources Department(Kathylto Q 5-1785) cc: Lataor Relations Unit Personnel Services Unit Auditor-Controller County Counsel Joyce Baird,Local 535 ADDENDUM TO'ITEM D.3 -- Oct0ber 1, 2002 Supervisor Gerber made the following statement: "Mr. Chairman, on this item based on my husband's employment,there may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act,I am disqualifying myself from acting on closed session employee organization negotiations'and on this agenda item. The circumstances are indirect and not obvious in the law, so I am acting'affirmatively in order to avoid any appearance of conflict. I am actually going to leave the room while you consider this." IVIEM F ANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AIDC SOCIAL SERVICES UNION, LOCAL. 535 RANK'. FILE' UNIT This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division '34 of the Contra Costa County Board of Supervisors Resolution 81/11.65 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative' of Centra Costa County in employer- employee mployeremployee relations matters as provided in Board Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hogs and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely' exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions 'and employer-employee relations covering such employees. This MQU shall be presented to the Contra Costa County Board of Supervisors as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1 , 1999 and ending September 30, 2005. Special provisions and restrictions pertaining to Project employees covered by this MOO are contained in Attachment E which is attached hereto and made a part hereof. DEFINITIONS Appointi„na Authors : Department Head unless otherwise provided by statute or ordinance. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to: designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. Ccunt : Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under Transfer or as otherwise provided for in this NICU, in the Personnel Management regulations, or in specific resolutions governing deep classifications. SEIU 535 R&F - 2 . 1999.2005 MOU DOWTIoNS tirectr of Hrnan Resau�rs. person desinaed y the county Administrator to serve as the Assistant county Administrator-Director of Human,Resources. Eli ble: Any person whose name is on an employment or reemployment or layoff list for a given Classification. EM21ee: A person who is an incumbent o a position or who is on.leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. rnpi+�yment dist. A list of persons, who have been found qualified for employment in a specific class. Layoff dist: 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. Permane t-intermittent Position: Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. P'er��lnert Part-Tire 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. SEIU 535 R&F . 3 - '1999-20051 IOU DEFINITIONS Permanent PoSltion Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Prosect Employee. An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under Transfer or as otherwise provided for in this MOO, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation The act of reassi ninc an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or ether ordinances.... Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower SEW 535 R&F - 4 . 1999-2005 MQU SECTIPN � ( REP�TION- class on the basis cif significant changes in the kind, difficulty or responsibility of duties performed in such position. deem. lc►yment Leis#: A list cif persona, who have +occupied positions allocated to any class in the meri SECTIO Z- UNION SECURITY organization has been certified as such pursuant to Chapter 84-12 of Board Resolution 8111165. Community Aide Unit Social Services Unit SECTION 2 - UNION SECURITY 2.1 Dues DedUctcnW Pursuant to Board Resolution No. 81/1185, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee for all employees in its units'. 2.2 Xgency Shap. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit' on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Become and remain a member of the Union or SEW 535 R&F . 6 - 1999-2005 MOU' pay o the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully coNected under applicable constitutional, statutory, and case law, which under, no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this MU. It shall be the sale responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do bath of the following: a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically,held a conscientious objection to €pining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.8.2 to a non- religious, non-labor, charitable fund chosen by the employee from the following charities: Family & Children's Trust Fund, Child Abuse Prevention Council and Battered women's Alternative. SEW 535 R&F - 7 - 1999-2005 MOU SECTION 2 M UNION SECURITY C. The Anion shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shallprovide a 'copy of said Hudson Procedure to every fee payor covered by this MOU within one month from the date it is approved and annually thereafter, and as a`` condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency Shop fee. D. The provisions of Section 2.2.13.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The terra separation includes transfer out of the unit, layoff, and leave of absence with a duration .of more than thirty (30) days, E. Annually, the 'Union shall provide the Director of Human Resources with copies of the financial report required pursuant to the Labor Management Disclosure Acct of 1959. Such report shall be available to 'employees in the unite. Failure to file such a report within sixty (60) days after {June 30} shall' result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed. SEW 535 R&F -8 1'999-2005 MOU I -UN## N SECURITY F. CornpltanCe; I . An employee employed in or hared into a job class represented by the Union shall be provided with an EmPlOyee Authorization for Payroll Deduction form by the Human Resources Department. 2 If the four authorizing payroll deduction is not returned within thirty ( 0) calendar days after notice of this aency slop fee provision and the Union dues, agency shop fee, initiation fee or charitable contribution required under ecton f2.B. are not received, the UElon ray in writing, direct that the County withheld the agency shop fee and the from fee fro the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the bounty shall pay an equal amount to the Union. G. The Union shad indemnify, defend, and. save the County harmless against any and all claims dernands, suits orders, or judments, or other forms of liability that arise out of,or by reason of this Union security,section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's Attorneys' fees and costs. The previsions of this subsection shall not be subject to the grievance procedure. SEW 535 R&F - 9 1999-2005 Mali SECTION 2 - UNION SECURITY H The County Human Resources Department shall monthly furnish a list of all new hires to the Union. 1, In the eventthat employees in a bargaining unit represented by the union vote to rescind Agency Shop, the provisions of Zection 2.3, 2.4, and 2.5 shall apply to dues-paying members of the Union. 2. Ma,intenan+ce of Merr ers r11 All employees }. YYI�II�IiY�IIrM. YI�Y1lYYllql W represented by the Union who are currently paying dues to the Union and all employes in such unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and each year thereafter so lore as the Union continues to represent the classification to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section' 2.5. 2.4 Union Dues Form. Employees hired Into classifications represented by the Union shall, as a condition of employment at the time of employment, complete a Union dues authorization card provided by the Union and shall have deducted from their pa checks the'membership dues of the Union. Said employees shall have thirty ( o) days from the date of hire to decide if they do not want to become a member of the Union. Such decision not to became a member of the Union must be made in writing to the Auditor- Controller with a copy to the Labor Relations Division within said thirty (30) day period, if the employee decides not to become a member of the Union, any Union dues previously SEW 535 R&F - 10 1999-2006 Mou �=:C . - t,�;A ON�►Ec�1R TY deducted from the employee's paycheck shall be returned to the employee end said ar�nount shall be deducted from the nest dues deduction check sent to the inion. If the employee does not .notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarly agreed to pay the dues- of uesof the Union. Each such dues authorization form referenced above shall includez. statement that the Union and the County have entered into a MCU, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30), days of employ nen upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon completion of the,,authorization form, receive a copy of said authorization form which shall be deemed proper notice of his or her right to revoke, said authorization. 2.5 IMO a1 of Me be„r ,f t.. By notiNing the Auditor-+controller's [apartment in writing, between Aucust 11 2005 and August 31 , 2005, any employee assigned to a classificationrepresented by the Unionmay: withdraw from Union membership and discontinue paying dues as of the payroll period commencing September 1 , 2005, discontinuance of dues payments to then a reflected in the October I O, 2005 paycheck. immediately upon closeof the above mentioned thirty ( Q) day period the Auditor-Controller shah submit to the Union a list of the employees who have rescinded their authorization for dues deduction. SEW 536 R&F - 11 - 1999-2-005 MMU SEC77OA 2 - UNION SECURITY 2.6 Commun cat11 i � The Union shall be allowed to use.designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of officesin which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately posts and removes the information. The department lead reserves the right to remove objectionable materials after notification and discussion with the Union. Representatives of the Union, not on Count time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department dead or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the' proposed method of distribution are compatible with the work environment and work in progress. Such' placerlent and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. To post literature on bulletin boards; b. to arrange for use of a meeting 'room; SEW 535 R&F - 12 - ' 1999-2006 MMU SECO, At t11 10 Sl�CURITY G. to leave and/or distribute a supply of literature as i r�d iceted a breve, d. to represent an employee on a grievancel, end/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of whichof the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.7 tJaec�f Count ► 8�ul[�d, s. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non-work hours when a. Such space is available and its use by the Union is scheduled twenty-four ( 4) hours In advance; b. there IS no additional cast to the County; C. it does not interfere with normal County operations; d. employees in attendance are not on duty and are not scheduled for duty, e. the meetings are on matters within the scope of representation. SEI'.!# 535 R&F . 13 - '1999-2005 MOO SECTION 2 - UNION SECURITY The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting, and see that the space'is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs,,ashtrays, and blackboards) is strictly prohi ►ited, even though it may be present in the meeting area. 2.8 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board or boards and ' commissions designated by the Beard, and to meet with the body considering the matter. On matters within the scope of representation the County agrees that the Human Resources Department will notify a Union's designee(s) when an issue within the scope of representation is placed on the Board's agenda. If there is insufficient time to meet and confer on an issue prior to the Board's meeting, the item shall be deferred if so requested by the Union. In cases of emergency when the Board, or hoards and commissions designated by the ,Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to: meet as soon as practical after its action. SEW 535 R&F - 14 '- 1999 2005OU SEG?'1C) 1t -SNC P ST W�4f�f,�S �& M4M REPRE F T t 7 VLS . r den tater nt f+�r Niw M jo +ees The Colin# will provide a written statement to each new employee, hired into a classifiatien which is In: thecal Services Unit or Community Aide unit that their classification is represented by Local 535, and the name of a representative of Local 535. SECTION 3 - NoISIUIINTiCN There shall be no discrimination because of rade, creed, colter, national origin, political opinion, sex, sexual orientations or Clnion 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 F'ederal law there shell be no discrimination because of age or physical disability. SECTION - SHOP jg-W D OFFICIAI. :RE. PISNTATIVES 4.1 Attendance ti Vie. rnpley+ees designated as shop stewards or official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as fellows: a. If their attendance is required by the County at a specific meeting; b. if their attendance is sought by a. hearing body for presentation Of testimony or ether reasons; SEW 535 R&F - 1 s • 1999-2005 MOu SECTION 4 -SHOP STEWARDS & C. if their attendance required formeetings requires for settlement of grievances filed pursuantto Section 23 - Grievance Procedure of this M U d. if they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance; e, if they are designated as spokesperson or representative of the Union and as such made representations or presentations at meetings or hearings on gages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department 'head or designee, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required 4.2 Un ona rnrese, t; ve ;. Except in the Department of Employment & Human Services, official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith` or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Labor Relations Manager, and that advance SEW 535 R&F - 16 1999-2005 Nlov SEATION 4 - SHOP STEWARDS & pFFfc/Ai REPPE.E. TATlES � iY-I�if M1YI iA i I 1 arrangements for the time away from the wort Station or assignment are made with the appropriate Departm ent Head or designee. 4. � §e _e Pres►enta�ives� In the Department of Employment & Human Services the Union shall design a five (5) representatives who shall be allowed time off on County time with corresponding reduction in warp assignments, up to sixteen (16) hours per week per representative, for meetings during regular working hours when formally meeting and conferring in good faith or consul ing with the La nor Relations bier o othe management representatives on matters within the supe of representation or for the reasons as provided in 4.1 .a through 4.1 .e above. In each case, advance arrangements for time away from the employee's work assignment shall be made with the Department Head or designee. Such representatives from other cdepartrnents shall be allowed time off as provided in Section 4.2 and the representatives designated in this Section shad not in the aggregate exceed five (5) employees. 4.4 Social S+ rrice `ince Stewards. The Union may designate stewards in the Department of Employment & Human Services who may be allowed to attend meetings held on County time for the purposes provided in 4.1 .d above. In each case, advance arrangements for time away from the employee's work assignment shall be made with the Department Head or designee. The number of stewards car the following offices shall be: Muir Road 2 Marina West 2 SEW 535 R&F - 17 - 1999-2005 MOM SECTION 5• SALARIES Hilltop 1 El Sobrante 1 Rodeo 1 Douglas 1 Antioch 2 CMSE 1 If during the tern of this 11 OU offices are combined or created, the Anion may designate one (1) steward for each new office and two (2) stewards for any office with one hundred (100) or more represented employees. 4.5 C �eprlent Nalca► ion. The Union shall not in J a ep - EnrrnrrEY• IIIIrrpOIEfEE.r+n�lri�ln. writing the Department lead car designee of then e p sons designated as official representatives and as stewardS and of any changes of such designations when made. 5.1 General wage Increases. a1M1Yrrllln-nom nrrl�nn�Yn�n.nrllilwYln I�Mn� A. The following wage schedule is effective for employees represented by SEW Local 535: October 1 , 1999: ,0% increase October 1 , 00:0: 3.0% increase October 1 , 2001 : 4.0% increase' A five percent 5%) Lump Burn Pay will be calculated for all eligible earnings." This includes employee regular pay, overtime pay and specific other earnings computed as a percentage of base SEW 535 R&F - 18 - 1'999-2005 MOU SECTI't N 5 SAL.ARIES pay form October through October 31, The October 1 1999 increase Will be paid retroactively in a lump sum payment to each employee for the period October 1 , 1999 through October 31 , 1999, without interest. The payment amount computed will be paid on the December 10, 1999 pay warrant as -a "Lump Sum Payment" and will be subject to normal tax withholding and retirement deduction requirements. Additionally, the fo lowing wage increases are effective for employees represented by SE I U Local 53 exce t for these employees designated as safety employees (for retirement purposes): October 1 , 2002: 5.0% increase October 1 , 2003: .0% increase october 'I , 2004: 3.0% increase Employees designated as safety employees (for retirement purposes) represented by SElU LocaV 535 will receive the following wage increases: October 1 , 2002 5.0% {Fess a 2.25% deduction for retirement benefits} October 1 , 2003: 5.0% (less a 2.25% deduction for retirement benefits) October 1 , 2004 5.0% (less a 2,25% deduction for retirement benefits) October 1, 2005 5.0% (less a 2.25°lo deduction for retirement benefits) SEIU 535 R&F - 19 - 1999-2005 MOU SECTION 5 - SALARIES The wage and retirement benefit provisions for safety employees represented by SElU Local 535 expire September 30, 2005. B. SalaThe Social Service Program Assistant (SSPA) class specification will be revised to reflect current job duties and responsibilities and the salary increased for incumbents in the SSPA class by 29 levels (2.0 91%) effective January 1 , 1996 to create the salary level of the SSPA class at a rate of at least five percent (5%) higher than that of Eligibility Work Specialist. The five percent (5%) difference in salary range shall be maintained between the SSPAand the B[igibilityWorts ,Specialist. Effective October 1 1999, the County agrees to increase the base pay of the Social Casework Assistant classification by 3.,54°0, the Ernployrnent Placement Counselor classification by 3.5%, and the Social Casework Specialist 11 classification by 3.0%. Effective October 1 1999 the County agrees to incorporate the 3.5% Ca1WOR S differential into the base pay of the Social Service Program Assistant and Social Worker classifications. Effective October Is 1999, the County will remove Step 1 and Step 2from the bottom of the Social SEW 535 R&F - 20 . 1999-2005 MOU RECTI N.5SALARMS: Casework pec al�st salary range, making the salary rang three:,( te Pr Effective January 1 20001 the +bounty agrees to increase the base pay of the Social Service welfare Fraud Investigator, Social Service We-Ifare Frew Field Investigator and Social Service r. Welfare Fraud Field Investigator classifications by 4886%. Effective January lo 2000, the County agrees to increase the base:, pair of the 'Social Casework Assistant, social Service Program, Assistant, social Worker and Employment Placement Counselor classifications by 1 .28%. 5E P, t, a ,a er �4+g e+�rt�� tt. T4 County ty and the below listed employee €organizations which Pa. rticipated in the Pay Equity Study jointly agree to Provisians in this new PayEquity Ma's r Agreement executed in.:.May 1995. In executing this agreement, both the County and the participating Employee Organizations (CCCEA Local One, AFO.M,ELocals27OO:ant-1512�, .S,EI35,.�C6!iifomfa,:.N:urses Association, Western Council of Engineers and the Appraisers' Association) state their intent that ( ) the previsions of the Pay Equity Master Agreement contained herein sha11 stand separate from tither terms and conditions of et�np�loyrent which maybe negotiated and adopted in this �oU bet seen the Caunty and the individual participating Employee Orcanizaticns, and that (2) the provisions of the Pay Equity Master Agreement will remain in place as tete SEW 536 R&F - 21 - 1999-2005 MfJU SLT"CIN Jr- S,�t.�4RIES basis under Which all represented pay equity classes will be granted adjustments until rernaning ClassesC1 the trend line or until such time as the parties mutually agree to modify or terminate this agreement. This agreement shall be presented t+� the etre Gcte County Board of Supervisors as the joint recommendation of the undersigned. 'I Scope of Agreement. The County and the participating Employee organizations agree that provisions contained herein will fully supersede and replace the February 1993 Supplemental IOU on Pay Equity. 2. Ado tion of Fixed Iia cut Formula. The County and the participating Employee 0 nizatior�s agree to adopt a pay equity fixed` payout formula described in below in 3. which will remain ire efl~ect until all pay equity classes are adjusted to the trend line, or u ntiI such time as the parties mutually agree to modify or terminate this agreement. 3. Operation of Formula, The pay equ tyr fixed payout formula shall be computed as fellows: The annual value of the general salary increase for all classifications represented only by the participating Employee Organizations (CCCEA Local one, AFSCIE Locals loo and 512, SEl Local 535, California Nurses Association, Western Council of Engineers and the Appraisers' Association) and SEW 535 R F - 22 - 19992005 MOU SECT1tN 5,* SALARIES lanagernent and unrepresented employees, shall b� ol e and rnul iplied b a cI r of twenty percent0% . The fixed amount of money t er1.ed from this calculation shall constitute the total pay equity increase for a [ classes below. the trend line represented by the participatingEmployee organizations and for all I' anagement and Unrepresented gasses below the trend line. Tile manner in which theday equity increase will be distributed to all represented classes below the trendline shall be deterrriined by the participating Employee Organizations who shall consider only (1 ) whether gasses farthest from the trend line shall receive greater percentage adjustment than classes closer to the trend line, and ( ) at what percentage distance below the trend line to apply any differing percentage adjustmen# If upon review, the County finds that the manner in which the Employee Organizations have structured the dig#rid► anon is unacceptable, the our t and the Employee Organizations shall meet end confer. 4. Effective [dates. The bounty agrees that any pay equity increases will be effective g days from the effective date of any general salary increases. 5. ldernnifiration. Each participating union will promise not to bring or support comparable worth SEW 535 R&Ir - 23 - '1999-2005 MOU SECTION 5 - SAL ARIES or pay equity litigation against Contra Costa County car any agent, servient,' officer, or employee of Contra Costa County and further promise that in the event litigation advancing comparable worth or pay equity claims is Trough against the County or any of its agents.., servants, officers, or employees, within five years1rom, the effective date of this agreement by any person(s) employed or formerly employed in a class(6s) represented by the participating unions, the unions representing such class(es) shell each pay up to five thousand dollars ( 000) of the bounty's attorney fees and costs, provided that the union 1s not named as a co- defendant in such litigation. 5f3 E trace alar f l ew employees shad generally be appointed at the mi :i num step of the salary; range established for the particular class of position to which the appointment is Trude. However, the appoi tin authority may fill a particular position at a step above the rninirnurn of the range. Ir 5.4 �M�i.�IIIiIII-eiQiiillllle r�II11�1�fts.�lll iiit as J otherwise be provided for in deep class resolutions, anniversary states will be set as follows: a. New plo ees. The anniversary date of a new employee i the first day of tle calendar month after the calendar r ionth when the employee successfully completes six (e) months service provided however, if an employee began work on SEIU 536 a&F -24 - 1'9992005 MMU ...............................................- t A SECTION Z.,!w SAIN"01IRMS l.a,. u Ohle, fiat r y scheduled workda y of the month the anniversary date isthe first day cif the-calendar month when the em ployee successfully completes six. (6) months service. b. Prorngtio-n.s.. The anniversary date of a promoted employee is determined as for a new employee in 8ubsection 5AA above. C4 Dern Miens. Theanniversary of a demoted employee is the first, day of the calendar month after the calendar month when the demotion was effective. d. Transfer, . Reallocation, .,.., ..,. . .an.d,.. Reclassification. The l- anniversarydate of anemployee who is ttansferred to another positionor one whose position has been. reallocated or reclassified to a class allocated to the same salary range or to a salary. range which is withinp five percent (5%) of the to step of the previous,claSsification, remains unchanged. e. Reemoloment. The ,anniversaryof an employee appointed: froma reemployrnenlist to the first step of theapplicable salary range and not required to serve a. probation period: is determined in the.same way as the anniversary date isdetermined ,for a new employee who is appointed. .the same date classification and step and who then successfully completes the required probationary period. SEW 535 R&F -25 - 1999-2005 MOU SUCTION 5- SALARIES f. Notwithstanding ether 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 m0nt when the employee was appointed ortransferred, provided however, when the appointment Qr transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one (1 ) year after the first calendar day of that month. 5,5 1n+crernentstV11tt, in ke Ran ■ In the Department of ■■r■■rrrrr rtrr.rw.r■rr iwm Employment & Human Services the performance of each employee, except those employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.4 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted basedon the Overall performance rating of standard or based on the affirmative recommendation of the appointing authority. Based on the overall performance rating of below standard, the appointing authority may recommend denial of the increment subject to one additional review at some specified date before the next anniversary which must be set at the time'submitted by the Appointing Authority. SEW 535 R&F - 26 - 19992005 MOU ..................................... SEC!"5 SALAR IES Except as herein provided incrementswithinrange, shall not - : re frequently thaa year, n be granted mo requen I n once or shallmore than one (1) step within-range increment be granted at one g time, except as otherwise provided.:�in deep� class. resolutions. XC Pt ln.,case,,,a.n appointing authority recommends denial of the within n h n.,ra qeincrement on some Particular,anniversary:date M but recd rriends a special salary, reviewat. some date,before: the next anniversary.�thespecial salary review shall not affect, the reguIar salary review on the next anniversary, date. Nothing herein shall be construed to make the granting of increments ,mandatory on the Countv. If an: operating department verifies in writing that an administrative or clerical caI error was.,rude infailingjo submit the documents,,needed to advance Oa employee to the next salary step on the first of -li.gible said advan ement , - therriontK.When e shall made b C retroactive to:the first of themonthwhen el.i.gf.ble, PaLt-I COM.Pen:Iat.i.on. A.part-time eMploy ee n the ful I shall be paid a. monthly salary in the same ratio: to:. time m, nthlv rate which the employeewo.uld:.b 0e entitled a full time employee under the -tion 5 as provisions of this See pr ye - the number of hours per wee[ in the employee's parttime work schedule bears to the number of hours in the full time workschedule of the department. 5.7 COMP-en all2a -for P2rtion. . of. Mqgth.. Any employee . whoworks less than, any full calendar month, except when on earned vacation or authorized: sick leave, shall receive,as.compensation for services an: amount which is in the same ratio to the established monthly rate as the number ofdays,worked is to the actual working days in such employee's normal workschedule for the particular month; SEW 535 R&F - 27 - 19992005 MOU SEMOM's M # SALAibS but if the employment is i terry �ttent, compensation shall be on an hourly basis. Position act s oatt+a�n. n, employee who is 'an incumbent of position which is reclassified to a class which is allocated to thesame range of the basic salary schedule as is the Mass of the position before it!was reclassified, shah be paid at the same e step ►f the ra c e 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 slam as before- the reclassification, but it such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall a governed by the provisions of Section 5.10 - Salary on Promotion. 5.9 Salary Reallocaffon SA .A !Q on. 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 SEW 535 R&F 28 1999-2005 MOU ..., ........ ... n receiving in the range to which theclass was previouSI allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the err►ployee shall be COM pnsated at the step cin the new range which is in the same percentage ratio to a top step of the new ranee as was the salary received before reallocation to the top stip o the old range, but in nc case hail any ernplaye be compensated at less than the fiat step of the range to which the cuss is allocated. B. In the event that a classification is reallocated from a salary range with more: steps to salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in Section 5.R.A above, each incumbent of a Position in the reallocated class shall beplaced upon the step of the new range which equals the rete of pay received before the reallocationm, In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a. higher step, at, the step �nrhich is next lower than the salary received in the old range. CO 1n the event an employee is in position which is reallocated to a different class which is allocated to a salary range the came a5 above or below the salary range of the employee's previous class, the SEW 535 R&F -29 . 1999-2005 MO SECTION 5- SALARIES incumbent shall be placed at the step in the new bless which equals the rate of pay received 'before reallocation. In tl a event that the steps l the range for the new class do not contains the same rtes as the rangy for the old class, the incumbent shall be placed a the step of the never range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep Mass resolution and fncurnbent salary allocations, if any, shall supersede Section 5.9. 5. as n Pra►�rti+ n. Any employee who is x.11 IIIA\I I�.R�IN�I-I i11..1r11Y11 appointed to a position of a class allocated to a higher Salary range than the class previously occupied, except as provided underSection a.1 , shall receive the salary in the new salary range which is next higher than the rate receive before promotion. In the went this increase is less than eve percent (5%), the employee's sal r-y shall be adjusted to the step in the new range which is at least five percent (-5%) greener than the next higher step provided however„ that the next step shall not exceed the maximum salary for the higher class. In the event of the appointmentof 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 stepwhich the SEIU 535 R&F - 30 - 1999-2006 MOU' SEc - SALAl4' 5 employee had formerly attained to the higher class unless such step Cesults �n decreasen which case the ;employee is aPpointecf to the r higher step. If however, the eplo ree 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 eployee achieved prig to layoff, or from the employee's current step, whichever is higher. 5411 Sala an in tMerijft2m.a W off .ist. In the event of the appointment of a laid off emplpye from the layoff list to the class from which the employee was laid cuff, the employee shell be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five percent ► , in which case the salary shall be gusted to thestep in the new range which is five percent (5%) greater than the next higher step, if the new range permits such ad ustment. SA2 5 ry.o. n c u t �y Dernc lc n. any,employee who is deMoted, except as Provided under Section 5.131 shell have his salary reduced to the monthly salary step in the range for the class of position to which he has been demoted next lower than the salary receivedl before demotion. In the event this decrease is lest than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower Class. Whenever the demotion is the result of layoff, cancellation of positions or displacement b another er�tpl ve- e..... with greater seniority rights, the salary of the demoted employee shall be that step SEW 535 R&F - 31 . 1999-2405 MOM SECTION:5- SALARIES on the salary range which he would have achieved had he been continuously in the position to which he hasbeen demoted, all within-range increments having been granted. 5.13 alary o►n 1 oIgnta Demote W. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the classfrom which he or she demotes, unless the Beard provides otherwise by resolution, his or her salary shall remain the same if the steps in his or her neve �d mo ed).. salary rangepermit, and: if not, new salary shall be set at the step next below former salary. 5414 Transfer. An employee who is transferred from erre position to another as described under "Tr nsfer" shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. n the event that the steps in the range for the new class ado not contain the same rates as the range for the cold ,class, the employee shallbe placed at the step of the new range which is next above thesalary rate received in the old range; or if the new range does not containa higher step, the employee shall be placed at the step which is next lower than the. salary received in the old range. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolution, the salary' of 'the employee shall be set as provided in the deep class resolution at a step not to exceed a five percent (5%) increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep SEW 536 R&F - 32 - 'x999-2005 MQU = S�'cT1t�N -�ALaRlFS class ith pe i ed identified for certain posit ons and their irlcrn'ben ts, the ernloyee's salary in the new class shell be setih accordance with the section on "salary an Promotion" if the employee is transferring to another class or to e lure[ in a deed class for which the salary ;is at least five percent 5%) above the top base step of thedeep Mass level or class in which they have status currenly. 515 Pav for work in H1 her tMOM.1 n, When an employee in a permanent position in the6 merit system is required to word in a classification for which the compensation Is greater than that to which the employee; is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Subsection .', o - al a on Prorr otion of this 11 IotJ, commencing on the 41 st consecutive hour of the assignment, under the following conditions. a. The employee is assigned to a program service, or activity established by the Board of Supervisors Which Is reflected in an authorized post tion has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the low.erclassification 66 becomes fully responsible for the duties of the position of the higher classification. Employees selected for the assicnrnent gill normally be expected.:to meet the minimum qualifications for the higher,classi� icaton. SOU 535 R&F - 336 - 1999-2005 MOU ............. ....... ................ .......... ...... .......... ....... SgqTIONI- SALA RIES d. Pay for work in a higher classification shall not be utilized as a substitute for regul r promotional procedures provided in thislemorandum. e. The appropriate authorization form: has been L-tA. submitted by the Department Feed et least eight (8) days prior t&the :.epi.ration of the ten (10) day waiting period and approved by the County Administrator. . f. Higher pay aOnts sill not exceed six (6) ssign:m , a months except through reauthorization. If approval is ranted for pay for: work in a higher 9. 9 classification and the assi tis:terminated nated and later reapproved for: the same employee: within thirty (30) days, no additional waiting period will be required. h. Any incentives (e.g., th&education incentive) and special differentials (e.g., bilin;O ualdifferential and hazardous duty differential) accruing to the employee in his/her permanent :position shall continue. 1. During the period of:work for higherpay in a higher classification, an: em.plbyee will retain his/her permanent claSst Ica ifi tion and anniversary and salary review dates will be datermirtedby time in that classification; except that if the period of work : for higher pay in a higher classification exceeds SEW 535 R&F - 34 . 1999-2005 MOU SECFI�►11f 3 SALARIES ane year Cantlnu�US emplaent, the + rployee} upon satisctary performance in the higher classification, shall he elicihle far salary review in that clays an hisser next anniversary date, Notw the an ing any other salary r gul tiaras, tyle salary step placement of eMplayee. appointed to the higher class rrlmeditely following termination LL of the asicnment, call remain uncrlangedLL, Y i lawahle oveitlnle pays shift differential andlar work ocaticn differentials will die paid cin the basis of the rete of pay for the higher class. .1 ' tL a�re . On the tenthath day of each nanh, the Auditor "L L draw a warrant upon the Treasurer in favor of each ellpayee far the amount of salary due the emlaye for the preceding rndnth; provided, ha ever, that each emplaee (except these poid on an hdurl rate may choose W receive an advance on the amplayee's rnanthay salary, in whichSe the Auditor Shell, do the enty-fiftr ? th} day of each Month, draw his warrant upon tha Treasurer in favor of such employee. The, advance shal be In a arrauot eque to c neth1rd '13 or less, at the enplayree's cpian of the employeeLL 's basic salary of tle previous month except that it shalLL l not, exceed the ardount a the previews nanth's bas alar fess ail requested or rewired deductions The eaecti€ n to receive an advance shell be rrlede on or _ heare April �► or October 3 +ef + ch yea ar urip the fiat rnanth of ern laymen by Pilin on forMLS LprepaLred by the SEW 535 LR&F -35 . '1999-2005 M U sEcr • SAL AR►ES Auditor-Controller a notice of election to receive salary advance. Each election shall become eective on the first day of the month following the deadline for filing the notice and shall rem ain effective until revoked. In the case of an election made pursuant to this Section 5.169 all required or requested deductions from salary shall be taken from the second installment, which is payable an thetenth (10th) day of the f Il c owing g month. 5.17 Pav Warrant Friars. 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 amistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error mill be corrected and a new warrent issued within forty-eight (4 hours, exclusive of Saturday%s, Sundays and I lolid ys from the time the department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the County in employee pay shall be corrected as coons passible as to current pay rate bort no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the two ( ) year period immediately preceding discovery of the pair error. This provision shall apply regardless of whether the error was made by the employee, the Appointing Authority or designee, the Director of I-Iuman resources or designee, or the 'Au itor-Controller or designee. f e ovory of fraudulently SEW 535 R&F - 36 . 1999 2005 MOU SE 7"1�11ifl1 'S AND hfo�RS of�l�RK accrued over or underpeyrnent5 are excluded from this section for both parties. W n the bounty notifies an employee of an overpayment and a proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the county, Flumen Resources [department, If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than one and one-half tines (1--l1-) the lenath of time the overpayment occurred. cjoWi - AND - t" 6FF 'U11RlC 6.1 N orma]l Work Week-.--& .0.0viam . The normal work week of ountyrnpoyees is forty 0 hours between 12:01 a.m. Monday to 1 f oo rnidnit�ht Sunday, usually five (5) eight (5) hour days; however, where operational requirements of a department require deviations .from the usual pattern of five ( ) eight 5) hour days per warn week, an employee's work hours may be scheduled to meet these requirements, but his werlin tune shall n+ t exceed an average of forty hours per seven ` day period throuc ihoutan operational cycle, and the Department Deed shall prepare written schedules in advance to support all deviation,sv. the schedules to encompass the complete operationa.1i cycle contemplated. 6. :eared work +gibed . The Department of nplornent Human services shall continue to operate a staggered work schedule plan. Office hours shall remain SEIU 535 a&F 6 - 37 . 1999.2006 MClu SECTION 6- DAYS OF"OR open to the public from 8.00 a.rr�. o 5:00 p.mMonday through Friday. Permanent full time employees shall have the option to select, subject to prior approval of the department, an eight (8) hour day, forty ( 0) hour workweek schedule consisting o work hours which play be ether than the normal 8:00 a.m. to S: 0p.rn. or 4:80P.M. work schedule. The foil win: shall serve as the basic criteria dor the staggered shut: a. All employees rustbe present at `their office or otherwise engaged in the duties of their position during the core hours of 10:00 a.m. and 8.80 p.m. b. Work schedules must ret ain within the hears of 7:00 a.m. and 7.00 p.m. C. The selected staggered work schedule shall consist of the same' hogs of vuolc' each day eept dor when a schedule including one varying eight (8) hour workday is necessary to provide "office of the day" coverage or for other specific circumstances in which the department determines that such a varying schedule is appropriate. The decision of the Department Head or designee shall be final. d. Lunch periods of one (1).1or one half' (Y2 hour shall be scheduled. In the 'event that the employee desires to change the scheduled lunch Morar from one 1 ) hour to one Ralf (Y2) hour, or from one half (1/2) hour to one ('I) hour, thatchncg roust be approved in advance by the Department Head or SEW 635 R&F - 38 . 1999-210 CIU .............. C ff $E WOFINOW A take within one s , Wnch periods, Shall be� n. designee, -.:r o employee's p (1) hour f the: mid oint :of the:, :,. scheduled workday. e. Each work unit designated by placement under a s-i:ngle lines.u.peryisor shall have. at leastone line worker in the: office during lhe houIS of8 . -00 a.m. to 500 p.m. Each such unit shall also haveat, least one additional line worker in the office or otherwise engage A d�:Jn the duties of their pos tions. during the hours of..8,.'00 a..m.. and, 4:30, p.m., There are two situations in whIch, exceptions, maybe made to these minimum coverage: provisions. Units which are placed under o singlesupervisor..but which are split between two or more buildhigs, may be clustered with another unit of a like Drograrn function, in the, immediate work areas of the same minimum build,ing for the purpose of maintaining .. : coverage during the time period.between 4.30 p.m. and 5:00 p.m. A unit of three or fewer workers may be clustered with another unit of a, Iike program function in thelmrnediatework area,,for thepurpose .of maintaining minirnum. coverage,: provided that tie 17S -e . �the I : e total number of work - in units.so-clustered shall riot exceed eight, f. Each employee's proposed staggered schedule .,Must be submittedin writing and approvedby the Department. Head or designee prior to irriP Ie-M entation.. SEW 535 RU -39 - 1999-2005,MOU ........... SEC?` ON fi - DAYS AN HOIt n OF 122 g. Changes in st goered schedules shall:,betequested in writing and must have the approval of the Department Head or de n p c rier to implementation. h. Conflicting requests for schedules shall be resolved by the Department: Head whose decision shall be final. i. In the event coverage within a location becomes temporarily reduced as a result of scheduling revisions or absenteeism, employees will be expected to assure that the necessary functions are performed, particularly the answering of telephones. j. I is understood that an individual �en�p1. oyee's schedule may be changed due t6 the needs of the department. k. In the event this staggered scheduling provision is found by the department to k e inconsistent with the needs of the department, the department shall SCJ advise representatives of Local 535 and the County and the Union shall meet and confer in an attempt to resolve the inconsistency. The Public Health Division of the Health Services Agency shall institute, within clinic and caseload requirements, a staggered fours work schedule plan in which pe 'manent 'full time Social Workers and Eligibility workers shall have the SEW 535 R&F -40 - 1999-200511 OU YS H-14 option to ret u st, subject to prier a proval of the E partment Head or designee, anigh dour day, forty 40} hour work week schedule consisting of Work hours which may be other than the normal 8:00 a.m. to 5:0o p.m., Monday hroucgh Friday. The following shall serve as the basic criteria for deartrnenta[ epprova ; a. All employees must ha pre ant at than affice or otherwise engaged in the duties of their pp ition during the core hours of :00 a.m, to 4:00 pim. b. Work schedules must remain within the hours of 7:30 a.m. and 5.30 p.m. except: for specific assignments which may require work beyond those hours. C. The selected staggered work schedule shall consist of the same eight (3) hour work days as is necessary to provide couera a during the hours of & oo a.m. to S.0 +� p.m. The deoisi n of the neparltment Head or designee shall be final. d. Lunch periods of one (1 ) or one-half (Y2) hour shall be scheduled subject to the approval of the ID epartrnent Head or designee. in the event that the Social Worker or Eligibility Worker dashes to change the scheduled lunch hour from one (1) hour to one-half (�/2) hour, or from one half ( ) hour to one (1 ) lour, that chane must be approved in advance y the Department lead o designee. SEW 535 R&F -41 - 19994005 MOU SEC?'lol 6- SAYS AN ► tFo e. Each proposed staggered schedule must be submitted in writing and approved., by the De Head' or designee prior to implementation. f. Changes in staggered schedules shall be requested in writing and must have the approval of the Department Head car designee prier to implementation. g. Conflicting requests for schedules shall be resolved by the Department Heador :dosignee, and this decision shall be final. h. In the event coverage within an area office becomes temporarily reduced as a result of program charges. scheduling revisions, absenteeism, or reductions in staffing, the department may adjust Social rorl er and Eligibility Workerschedules ander duties to assure that the necessary functions of, the department are performed. i. It is understood that an individual empoyee's schedule may be. changed due to the needs of the department. j. In the event this stacggered scheduling provision is found by the department to be inconsistent with the needs of the departrnent, the department shall so advise representatives of Local 535 and the County SEW 535 R&F -42 . 1999-2005 Mou w � and the inion shall meet and confer in an aft m. pt to resolve the inconsistency. 8. 0ch+elut+ s. The praci within the DepartmentW Ernplent Human Services governing the authorization for certain employees to work a schedule of eight (8 nine { hour days and one ) eight 8) hour day in two week schedul'Ing period shall continue, unless the parties m t ly agree to changes in such practice. 604 4A.1,0 Of a Employment & Human Services wili implement a 4/10work schedule in accordance with Labor-Management Committee finalized guidelines; the Department will meet and confer regarding the impact of any unit exclusions from the 4/10 work schedule E T o 7 * OVERTII EAN.R, COMPEN$ AIORY TIME 7.1 Qn!jll e. Overtime is any authorized work performed in excess of forty (40) hours per week or.eight (8) hours per day. All overtifne sha.l be compensated for at the rate of one and one-half 0-4/2) tunes the a mpioyee' base rate of pay (not including shift and other speclal differentials). Overtime for permanent employees is compensated in increments of one--tenth hoursix8) minutes} by either pay or corrlpenatory time off. Employees entitled to overtime credit fc�r holidays in positions which work around the clock (such as the County Hospital, SEIU 536 R&F -43 - 1999--200 MOM RT-1 N ME TDRY ilsJai Juvenile I-�lall and boys' larch shall provided choice as to whether they' shall he paid at the overtime rate or shad receive compensatory time off at the rate of one and one-half 0-1/2 hours compensatory tune off for each hour worked. Such compensatory ti:mz off, ani the accumulation thereof shall he in addition to the total vacation accufnulaton permitted under the terms of this l OU* The specific previsions of this accumulation are sot forth in Section 12.4 -- HolidaysMallin on Saturda or undo of this OU Regular ular overtime for twenty ( 4) hour institutional employees may he accrued as compensatory time in accordance with Section 7. orf this Itlll.1 7.2 Campensatc�r�r Tirrte� rtirnri�irrm+.`o ■ A. Employees receiving overtime pay who wish to accrue compensatory time Taff in lieu of overtime pay shall notify the department on the approved farm indicatin their desire to a=ue compens, tory time off at least seven 7) calendar days prior to July '1 of each year. Employees accruing compensatory time cuff and who wish to continue to accrue compensatory time off in a subsequent 1�iscal year ,are not required to notify the department. An employee wishing to change: 'the method of overtime compensation (overtime pay to compensatory time off or compensatory time off to overtime pays during the fiscal year nay doso key SEW 535,R&.F -44 - 1999-2006 nnou SEAT C)AI C) RT�tlVI A # C !'f'E fS tTOR T111�'� nctrfyrng the department on the approved form with thirtydays notice such change. only one such chane shill be allowed per fiscal year. B. The na nes c►f those employees electing. to accrue compensatory time off shah be placed on a list main ined by the.,, d, partme t. At time of appointment, newly appointed employees.mai elect to accrue compensatory time off in lieu of overtime P. by notifying the depar.me ton the approved faun. C. Compensatory tune off shall be accrued at the rate of one and onehalf -1 } imes the actual authorized overtime hours worked by the employee. A p rmal ent cart-time a plo ree shall accrue compensatory,time cuff at the rate of one ( ),,hour for each hour worked in excess of the employee's regular work week for those hours which are not authorized o.verti me. D. E nployeesmay not accrue a compensatory time off balance that exceeds one hundred Weo) hours i.e. eighty g hours at tune end orae-half). once the maxi-:.mnum balance hes been attained, authorized overtime hours worked will be paid at the overtime rate. If the emloyee's balance fads below one hundred twenty { h ►ur , the employee shell again accrue compensatory time oft for authorized overtime hours worked until the SEW 535 R&F -45 - 1999-2085 MOU SECTION 7- QVC"RM WA rnployee's a. r a hrcre twenty (12 01'hours. E. accrued compensatory time off shall be carried over for use in'the next year; however, provided in D above, perued rr� s t th a oft balances may not exceed one hundred twenty 0 20). hours. F. The use of accrued cornpensatory tide df shall be by mutual agreement between the [department Head or his designee and the employee. om ensatory time offshall not be taken the employee would be replaced by another employee wh onroud be eligible to receive, for time worked, either overtimepayrnent or compensatory time accruals as provided Barr in this Section. This provision may be waived at the discretion of the Department Head or his designee. G. When an employee promotes, demotes or transfers from the classification eligible for compensatory, time off to: another las ifi atie Iig lble for compensatory time gaff thin the'sarne department, the employee's accrued cornpensatory time off balance will e barred forward with "the ernDloee. H. Compensatory time adcruawill be paid off when an employee moves from `one de artment to another through promotion, demotion or transfer. Said. payoff u�rill 'be made in accordance with the SEW 535 R&F _46 - 1999--2095 Mou ............. ...................... MN 7 0"T AND,CD t ie� :h provisions andl�� Sal A � salary class. from which the i tin d ot e PI oype s. promo Qeingi or trm ans emng as pfwidedin below. I. since empoyeesaccrue:compensatory tune off at Q the rateof one and one-half (1: 14 hours for each hour of authorized overfime worked., accrued compensatory time balances shall be:paid off at the stral'aht time rate (two-thirds (2/3) the overtime rate) for the employee'scurrent'.S. i,ar.y.,.whenever: changes status�acid�,is,,: 0: longer r 1 the ern.ployn eligible fb.r com en gato. ry time ioff; 2. the, employee Drom.otes, Oem.otes or t:ransilbrs, to another department; 3. the employee sep . aratep from. County Service; 4. the eMployee retires-' 5. the employee, is granteda leave-of absence. J. Compensatory ti.me.,.Off shall b accrued q and take in iricrements.. of (111 D)..: hour o �x (si (6): Minutes). K. The, Office of the County Audiwill establish s k- procedurestm.o., din. iSterlhis time eepi nq� . a section., SEW:5,35,R&F 47 1999-2005 MOU .................... S,Ec'r�o�!1�'8- CA 783 art-, I e", If an employee n the fi Department o Ernployrner�t l luM Services, A$si ned to a permanent part-time positions is re uested to Work on his/her scheduled day off after the scheduled office hours, suchen 1oyee shall receive, in addition to their regular base rate of pay, a differential o one-half '} them regular base rate of pay. §ECTIQN :8 , L �n' Any employee who is called back to duty shall be paid at the appropriate rate for the actual tlrne worked plus one ' heur. Such employee called back shall be paid a minimum of two (2 hours at the appropriate rate dor each call bal . SECTION M ON 9&L YTY On call duty is any time other than time When the employee is actually on dutyduring which an employee is not required to be en County premises but stand ready to immediately reportfor duty and must arrange so' that his superior can reech him on ten 1 minutes notice or fess. An employee assigned to on-call time shall be pard one (1 hour o straight time credit for each four (4) hours on such ono-call time. 'lose positions rich are uncal shall be designated by the appointing authorityWhose' decis oni is final. Assignment to an on-call position shell be in accordance with Section 38. SEW 535 R F - 48 - 1999-2045 Mou Ire the hours whichq �allfy for hi� d ffer �ti 1, m oye s shall receive five percent (5%) above their base salary rate. To qualify for shift differential, an errplcyee must have a regularly assigned daily work schedule which requires: a. Completion of more than one and one-half 1-1/2) hour over the normal adtuat working time, or b. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. owever, employeeswho have been regularly working a shift qualifying ing for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included �n co r puting the pair for their IeaveY The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty (3 ) calendar days of each absence. SEW 535 R&F -49 . 1999-2095 MOU REASS/G11fME ECTto 11 = SEN oRI 'oR� "oRc�:- ' ER L6Y6 g f & ]REASSIGN 9"1 11 't Workforce Red ct11on. n the event that funding reductions or shortfalls in funin occur in a department or are expected, which may result in layoff , the d pai trnent Will notify the union and take the following actions: a. Identify the classifications) in which position reductions may berequired due to funding reductions or shortfalls. b. Advise employees in these classifications that position reductions mai occur in their classifications. C. Accept voluntary, leaves of absence from employees lin those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Consider employee requests to reduce their position hours from full time to part timeto alleviate the impact of the potential layoffs. e. Approve requests for reduction . in hours, lateral transfers, and voluntary derriotionsto vacant, funded positions in classes not scheduled for layoffs within the department, as well as to ether SE' U 535 R&F 5© - 1999-2006 MMU SECIM 19'= 8E11t1OWMX MRO XFOR'CE REflt1C�`�aN, L.A1't'1F & ..�wR-r-rrrm rrrnnnnr r depatrnents not experiencinc f� ndinc reuctions or shortfalls when it is a viable operations I#ernative for the department(s). f. Review various alternatives which will help mitigate the irnpaGt of the layoff: by working through the Tactical Employment Team program (TET) to. �l Malnta n an employee,.skills inventory bank to be used as a bads fir referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons tc vacancies which occur inother job classes fbr which they qualify and can use their layoff elitgibility. 4 Establish workshops to aid laid cuff employees in areas such as resume preparation, alternate career counseling, job search strategy, and intervieing skills. gi when it appears to the C�eartrent Head and/or Labor relations Officer that theBoard of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor leatins facer shall notify the Union of the possibility of such layoffs end shell meet and confer SEIU 536 R&f - 51 - 1999-20 5 MOU �Y� ��SECTIO1 � " & REAS4!2nnT with the Unio r ar in the irnplernenim on of the action. 11.2 Separation Throug Layoff ri1.r1Y1YiMr !.U.rr�lulrrl�r.1�rY.r rlirrrll. Cror�r l�l rI I pi✓et7 h{.AYf I permanent status rn position(s) r � the n rent service may be laid off when the position is no longer necessary, or fori reasons of economy , lack of work, lack of funds or for such othe re sones) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of LThe order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that daparrnent with least seniority being laid oft first and so on. C. LaLr ,off By DiSDlace ent 'I . n theSame...Class. Alaid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent me rrrittent or permanent part-time., position, the least senior employee being dis laced first. 2. In the carne Lerl dr Lower Clens. A laid off or displacedemploye �c brad achieved permanent Status in a class at the same or SE U 535 R&F _ 52 - 1999-2005 MOO SECTION 11OMTY. WORKF�F��L R�T�ilG7"lC,?N, L4Y'oF�+� l€ "r salary level as determined the salary schedule in effect at the time of layoff may displace within the department and in the class of ar employee laving less senarity the least senior emplayeo being displaced fiat, and so an with senior displaced employees displacing Junior employees. D. Particl.�lar l-t�lestic n C splac ng Permanent intermittent and permanent part- time employees may displace only employees holding permanent positions of the same type respectively. permanen full time employee may displace any intermittent or part time employee with fess seni©rite "I _in the same class, or in a class of the carne or lower salary level if no full time employee in a class at the same or lower salary level hes less s iority than the displacing enplcyees. 3.. Former permanent full time employees who have vo unten. uecome permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Direcor of urnan Resources ar designee retain their permanent full time employee seniority rights for layoff purposes only and may in a later layoff displace a full SEFU 535 R&'JF -53 - 1999-2005 MOU ............ ........... .......... SEC-TZON 11 .SENIORITY,. REAS i , time employee with less seniority asprovided :in these.:rules. 'itywithin a class for E. Seniority. An, emp oyeels:senion - layoff and: OSI)Iacement: purpOses shall be -m n deter i ed by:: adding the em Ioy ee's length of employee's service in the particular.. class: in: question to the employee's len9 th of service in other classes at the r v e. same or highersalla ..y, levels as determined rMined by the salary schedule in effect at the time of layoff. Employees reallocated: or transferred: without examination from cine class to another class having a salary withinfive percent (5%) of the former . class, as provided in Section 305.2, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new d eep class upon its initiation or otherwise reallocated to a deep class because the dutiesof the position occupied aredescribedappropriately in the :deep class shaIl carry into the deepclass the. seniority accruedor carried forward in theformer class and seniority accrued in other classes Which::have::been included in the deep class. and displacement purposes Service for: layoff- : - u incl des only the employee"s last continuous permanent County : employment. Periods of separation may notbebridged to extend such service unless:the separation is a result of layoff in which case bridin will be authorized if the SEW 63S R&F - 54 . 1999-2005:IVIOU ROD employee ree amp ye Ina parrnanent position within the pe n of Ia�yoff eligibility. approved eaves.: oabsence.,e a provided �r in these; rubs and regulations shall not ccnstitut a period of separation. In the event of ties in seniority rights in the particular class ire question, such ties shall e broken by length of last continuo66 us permanent County employment. If there remain ties in seniority rights, such ties.: shall be brill en; by counting total time in the daparrrent in, permanent employment. Any remainties shall be broken by random selection arndn the employees involved. F. Eligibility for La . f.L t. Whenever any person who hes permanent status is laid off, has been displaced, has been demoted b diplaement or hes voluntarily demoted in lieu of layoff or dIs plecerrent, o Io has transferred in lieu of J6 or displacement, the person's Warne shall e placed on the layoff .list for the class o positions from which that person has been removed, Order of .:Names.s on �a Firsts layoff 1. sts shall contain the Warnes of persons laid off, displaced or demoted as a result of a layoff or displadernent, or Who have voluntarily demoted or transferred in lieu of1a.yoff or displacement or o have transferred in lieu of layoff or displacement. names shall be listed i.n.o.rder of layoff seniority in th class from which laid off, d4splaced, demoted, or transferred on the date of layoff`,the most senior person listed first. In SEIU 536 R&F - 55 - 1999-200 Il OU S�ECT1 11� - FNH7 `Y,. RK C3 i'�'REQ ICT'IO L:AYt�F 14LA T case Of ties mn seniority, the seniority rules shall apply except that amore there is class sentonty tie between persons laid off from different departments, the tie{ shall rc� en length of last ntinucus permanent County employment with remaining ties broken by random selection among the nplayees involved, H. uratcn cif a cfl: andeern anent lei hs. The name, of any person granted reemployment privileges shall continue onthe appropriate list for a period of two. ( ) years, Persons placed::on layoff lists shall continue on the appropriate list for a period of,four 4 years. 1. certicaticn cf lertrs. lFr�orr e off list , �.eoff lists certain th erne s} of : person( laid off$ displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement. 1 then a r+ es for personnel is received fern the appointing authority of a department from which an eligilie } us iad off, the appointing auhoriy soli receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from v ►hicn an eligibis eras not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subect to a probationary period. A person employed from a SEW 535 R&F - 56 . 1999-2005 MOU I "Y, ORKFORM ROtltrfx", ij)��'�)OFF& -1 �.flYiY Y I Yr1.r.Y.YN layoff list shall be appontect the sane step of the salary range the ernployee held obi the day o 1cfY J: Removal of Karnes From Reemployment and Layafl: The Director cif Human Resources may remove the name of any ei1from a b reemployment or layoff list for any reason listed below; aY For any cause stipulated in Section 404.1 of the Personnel Management Regulations. byn evidence that the eligible Cannot be _ located by postal authorities. c. Cin receipt of a statement from the appointingutlority or eligible that the eligible declines certification ar Indicates no further desire for appointment in the class. d. If three ) offers of permanent appointment to the class for which the eligible list was, established hive been declined by the eligible. e. If the eligible fails to respond to the Director of Human Resources or the SEW 535 R&F _ 57 - 1999-2005 MO .......... ............. SECIM 7 I MOR 7Y Nj LA WORK KMR' WE- �TIO Y REA�SIG�VME W ah apPO. intin9 ut. ority. withinten (10) days to written notice of c eriftication mailed to the person s last known address. 2. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, 1he name of the person shall bererno ed.. 3. However, if the first permanent appointment of a person on a layoff list is to a lower class which has:a,top: step salary lower than the top step of the: cla: ss from whic' h the person was : : laid off, the name:� of thepe . rso n shall not be removed from thela yoff list. Any subsequent appointment of such peronfrom the layoff list shall result in removal of that person's name. Removal of Names.from I eernpid ent.and La., --r HinmanResources Cirector redo Certifications. Th may removethe name of any eligible from a reemploymenor layoff detlification if the eligible fails to respond .within five (5) days to a written notice of certification mailed to the person's last known,address. 11 Notice The County: ac tees give employees scheduled for layoff at least ten (10 w rk days notice prior to their last day of employment. SE1U 5352R&F -58 - 1999-2006 MOO SEC��'�N 11 - S.EN . RITY, �t3f�l�Ft�RCE �l)�1# ��& I.IYYIY I lif Ilf..iYf.l �1. �. The �Y/ an will establish TAT nployrren Pool which will include the names of l aid o ` County Pi i r i ym n lists for job classes may be established from the pool. Persons placed on a special empto ment...,IIsti must meet the rninimum qualifications for the class. An pp intment from such list will not aff+ ct the individual's stats on a layoff lists}. 'I Basi mm �t + f la off E M.0 ovea Employees who 1. la ed Within the same classification from full time to part-time or interrr�ittent status in a lagff, or who voluntarily reduced their work hours toreduce the impact of layoff; or who accepted a position of another statin than that from which they were...::Idid off upon referral from the layoff list, may request reassignment badk to their pre-layoff status (full time-or part-time or increased hours). The request must be innrriting in accord with eacheprtment# resinnnt bid or selection process. lo ees will bdvis+ed of the reassignment procedure to be followed to obtain reassignment back to their former status at the tune of the workforce reduction. `he most senlor laid off err plo ee in this statin who requests such a reassignment will be selected for thy; vacancy; except When more senior laid off individual rernaina on the layoff lisp end has ncteen appointed back to tho class from rich laid off, a referral from the layoff list will be made to fill the vacancy. SEIU 535 R&F -59 - 1999=200 Mou SEC7`l©,fit 12 1186 FUrt�ler 3udV. The county agrees to meet With the .ririrrr��.rrw.rr.rurruMr+rr La--r oalit o f6t study b the incept + err�plc e6 s cra�ver Of,d*splaCernent rights n lays ff. S 42 "" ��MONO�� I ryAV r5er�e1 The 60 R 6b erve h ..rirrw..�=w'wu�rri.rririrrr�im.nri...nn�w fallowing holidays: a. January Is , nown as New Yew's Day Third Uonday in January k hown as ter. itnartin Luther King, Jr. Day Third Monday in February,.known as Presidents' Day The last Monday Niay,°known as Memoria irrl Day July 4th, known as Indeenderce Day First Monday in September, known as Labor Day November 11th, known as Veterans Day Fourth Thursday in November knauun as Thanksgiving Day The Friday, after Thanksgiving Day Decernber 45th, known 6s:Christmas Day Suchother days; as the 3oard of Supervisors may byresclutian designate as holidays. b. Each full time ,employee shall a c rue.ttv ho rs of personal holiday credit per month Such personal lolidy Hite' ;rna be taken in icrements ofone tenth hear six n�tirlutes , end preference of personal holidays shall be given to employees accordin9 to their seniority i n their dep rtment as reasonably as possible. C. Permanent part-time employees shell receive personal holiday credit in the same ratioto the SIEtu 535 R&F . 60 - 1999- 00 MOU to personal holiday credit given ti employees as the nurnber of hours per week in the part-time ernpltyee's schedule beers to the number cif hears in the regular full time schedule. d. Employees shall accrue their personal holiday credit daring months they are in pay status prpvided however that no.,, em.P.10yee may accrue rnothan fr rty (40) hours of personal holiday credit. on separation from County service, nrriployee shall be paid for any unused personal credits at the employee's then current pay rate. e. Employees in positions which work around the clock shall continue to celebrate Admission Clay, Columbus Day, and Uncoln's Cray. 12,2 AgglIca. Ilon of HOU g W. ed . The foil wi �c� i rinart'rnn prcvisirns indicate boyo holiday credit is to be applied; a. Employees on the five ( ) day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the sched.0le. cited above. b. Employees on a word schedule ether than Monday through friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule.- c. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay SEW 535 R&F - 61 . 1939-2005 MOU 5EC?'ION42=HOLIDAYS or equivalent ornpensatot time credit holiday cred t for working the holiday; or holid y falls on the day off of::a ernployee� the employee shall be given straight bine pay or equivalent compensatory bine credit. 12. i+d E. ori � � Or a If n holiday listed rn Section 'I ,'IMA above, fabs on a Saturday, it shall be observed on the preceding Fr Ifiday. any holiday listed in ection . I .A' fall on a undey, i shall be observed on the following Monday. 12.4 Accrual of H011day Time & credit. Employees entitled to holiday credit shall bert fi per to elect between pay or compensatory time off in reconitionf holidays worked. The following procedures shah aplr o this selection. a. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (July 1 through June o) or the remainder thereof. b. Employees starting work after a list Of thoseelecting to accrue holiday credit has been submitted to the Auditor and approved, will be paid overtime unless they sp cifi lly re est in writing rithin seven (7) calendar days to be placed on the holiday credit accrual dist. SES!! 535 R&F - 62 - 1999 2006 Mou SEcT1oN '3 VACATtE� Helid y time shall be accrued the rate specified above to a maximum of eight (t ). hours worked by the employee. d. Aoraed holiy +credit may not ► accumulated ire excess of two hundred i hty-�ei ht 288 working hours, exclusive of regular vacation accruals Affier, two hundred +eighty-dight ( 8 hours heliday tirre shall be pain at the rates specified above. e. Accrued holiday credit may be taken off at time determined by mutual agreement of the employee and the Department Head. f. Accrued holiday credit shape paid cuff orIy upon a change in status of the employee such as seP aration, transfer tc an+ather .department or reassignment to a permanent-intermittent position. AE c1`l o = VACATION LEM E 11yacaior AEmployees in permanent positions are entitled td 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 sate basis as for partial month compensation pursuant to Section 5.7 - ComP�, nsation for Portion of Month of this I OU. SEIU 535 R&F - 63 . '1939-2.065 M U SECTM 11 VAC A ent �e eri Vacation maybe taken in increments (six s:�of on 4 th: hour (6) minutes),, Vacation credits may not be taken during the first six (6) monthsof employment (not necessarily synonymous with probationary status) except where sick :1eave- has been: exhausted- and: none sha].FbeI al owed in excess of, actual accrual,.at the time vacation is taken:. Vacation Leave on Reempkment From a Layoff List. Employees .withsix: 6) months or more service in a .e position permanent posi 'on prier to their layoff, who are: employed from a layoff list, shall be: considered, as havingcompleted six (6) months tenure in a permanent position for the purpose tin �authority:or'desilgnee will of vacation leave., Therappoin 9: advise the Auditor Controller's Payro 11 Unit in each case s authorized so that appropriate Payroll where:such� vacation i i ra system overrideactions can be taken. 13.2 Vacation Accrual dates. Monthly Maximum Accrual Cumulative Lenh..of Service.:,..' HOULS: i•[ours Under 16 Years 10 240 15 throUg.h19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 20 years 20 480 2: 1 30 years and up 3- 113 560 Em -e and permanent- intermittent positions shall accrueacation,b lovees in p t�� part tim p ermanen enefits on a pro � �: SEW 535AU - 64 - 1999-2005MOU ................. ............................. ................... . ............ 14 rata Re...Sb. a .0i,s., 0 provid6c in ect' on1.,006 : of out1n: N 13iA y .3 A4crus-l. DMd".9 Le Wthoutp'OY. N emplo.., ea who has bgranted : een a� leave without pay or unpaid military leave shah accru,eanyva.cati.oncredit:Aunduring trueOguch i e I e-:ave'�. :nor shall an emp loyee, who S absent Pay accrue Vacation credit during the absence. 00 M.P-012ek C 6 A fo ar to E 1 13.4 ' Vaca;:� .r a On C9 On separation from County service, an employee, shall be . then :at: : paid :fi r ny.unused vacation credits theemployee's current,:' A pay.,ra, e. 13 Va.c - M.n Preference of vavacationshall: -5 ..ation. PLefte be ,gjvenJt0 e p oyees: 9 cording to seniority in th eh department as reasonably as possible. C 14 SIECTI N 61 KiL VE 1f sick...Leav 4.1 Puroc.ose...oe. The : : pr6imary pur, p ose of paid :sidle Ie ensure employee60inst IosSof pay a for tem P.Ot ry:absences. frorn work due to illness of injury. is �ry,,A ..e 01 Ma a� t,�fed n'. benefit )i.. e: d d1b the C Unty�end be used only as authorized; it is no paid tune which: employees may y use: for personal activities. W e S �Mektea ICK 1462 Credit Ihst, I d C ar-q -A �.b �'t Ih hours wording e: Of eight ( �) i� - leave credits s ea., NO:rat credit fir each completed month of sere, as pros nbed by County Salary Regulations and memoranda of SEW 535 R&F 65 1999-2005 MOU: ............. .......... SEC 4 4v-" SICK..I.EAVE,,.-. understanding. Employees,.who, work a,, portion, of month are entitled to a pro rata share of the month y credit computed on the same basis as is partial month compensation. Credits to and charge& against sick leaveare madein minimum : amounts , of one enth �bour (six (6) mInut e-S increments. Unused sick leave:credits accumulate fromyearAoyear, 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 berestoredif reemployed in a� permane nt posit on within the period of layoff- eligibility. As of the date of retirement, an employee's accumulated sick -leave is converted to retirement time on the basis on one day of retirement service credit for each. day of aocurnulatodsick leave credit. 1Use:of Pold ieave O 43 n . As indicated above, the primary ►ucpof paid iC k leave isto ensure ernploye e- & against loss of pay for:temporary absences from.: work du to ill: �i u.,ry. The following due illness �or n definitions apply: "Immed ate Fa ilyeans. and includes 'only the spouse son, stepson dau.g. hter, stepdaughter, father, , stepfather, n mother, % stepmother� Orolh � sister, gra- , e dpar nt grandchild. SEW 535 R&F - 66 1999-2005 MOS.! ........... ..................... ............................... 4. L niece,i:nephew,,.fatherinawi.] mother ir.14aw daughter -4n-law sow!M-16w: brother iftI aw: S46 i foster children a nt, Uncle, cousin, stepbrother or stepsister, -ibmesti c partner � . .an em,ploYee and/bt includes any other pe0 rs Infor whom 0 - :h 1S. the I A guardian r:c.o servator, or any the ernployee.e.- elega .: G ePer e 7 R person::,who�is [Aimed s :"d nd nt" for I S reporting Pu.rposesy1M employe . "Employee" means any person employed by Contra Costa cunt i, Y� - .n n an allocated aoca- 77 ed s tion in the Countyservice, Pg!`d..ftk,,Leave Credits" means those sick leave credits l 9 10 pird id�e.: d1dr by C�oU. nty-�Salary�Re ulati nand memoranda of.-understanding. "Condi.ition/Reason" With :respect to necessary verbal contacts and confirmations which occur between the de : partmentfand.theernp , loyeewhemsick1eave, is requested ested c61 terms from the r statement I ll or.verified, a, b ief nt n st t m : non-tec ni employeere-g6rding,inabilityde,:to��work u :to: injury or illness is sufficien t Accumulated paid sick leave credits may be used, subject to appointing.a tho Ily approval, by an e mplOyeein pay status but only in th.efol.lwi .o ,n.g::Insta -e:n.c s: a. Temporary illness or Injury of an.. Em. love Paid P .e sick.leave credits may 'be used When the employee -a 0 is off work because:�of a temporary illness r injury. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a SEW 535 R&F -67 - 1999-2005MOU ............................ ...... ........... .............. CK* WTW: 416- $1 AAW injury disabling.,physic.- in. u ry ou fllness and is thereby prevented.�,,f m. eng,agin in . Unty,,,occupa tion. for whjch::theemployee. - i&, qualified, by reason :of education train.ing, or: experience.4dick leave: may be used bypermanently disabl.ed, employees until all accruals of the employee have beenewhaUsted or until the emplo-y-e e is retired ti dby the: retirement Board, subject to the following conditions: H ty I 1 . An: application:�for re.t.i.re. enent:due di s abi has been filed with the Refirement Board. 2. Satisfactory medical e vid c en e of such disabilfty , is received by the appointi:ng:,..,a.utho.ritywit,h,in., thirty (30) days of the start of use of sick leave for permanent disability. 3.: Theappointing authority may rit rev - w��medical . ie :evidence and.,: order: further examination as. deemed necessary, and may terminate use:of sick leave when such further exam.ination, demonstrates that the emp oyee is not disabled,, orwhen theappointing :authority determines that the rt ed.,ical evidence submitted by:4he: employees insu ffident or where the above conditions have not been met. C. Communicab a Disease. An employee p may use paid sick leave credits when under a physician's SEIU 535 R&F -68 - 1999-2005 MOU order to remain secluded due,, to epesure to a d. dick Leve Utilization for Pre na.ngDisability. Employees vuhose disability is caused or contributed tp by prenancy, miscarriage, abortion,, chldbrth or recovery therefrc�rn, Shall be allowed to utle S �.tkredt to;thV l maxUm accrued by such employee during the period of such disability under the conditions set forth b6low 1 Application for such leave must be made by the employee to the appointing authority accompanied by a v ra66 te 6 statement of disability from the employee's attending physician. The statement must address itself tc the employee's genera[ physical condition having considered the natura of the work performed by the employee, and it must indicate f he date of the dornrrenc+errent of the disability, as well as the date the 6physician anticipates the disability to terminate. 2 If an employee cues net apply for leave and theppcinting authority believes that the em.pioyee is not able toproperly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, rniscarriage, abortion, childbirth or recovery therefrom66 the 6 employee shall be reoui.red to undergo physical examination by a. physician selected by the County. Should the SEW 535 R&F . 69 - 1999 Ot35 IU t ►U .......... ....... X L VE, 0 edLLL OL:L report rtrrrnd, ndtry L : leave shallL beLL ed: �U:P0 L h ployLe for LfL the duration Of the disability.. abijity. Sick leaV e may L:: not be L utilized after the mpJoyeeL Lhas been LL L L LL L L released-ft M the L hosp it-al unless the empoYe Lhas PrM ded the County Witha written Satmentfm L her attending L L physician Inct,that! her disability L continues eL LL and: the ct L dates Of the PlLoyee L ed L L recovery from such disability. e PL 0 ojjt� L L Medical jL:,and L Dental,,,:: credits. L L may usepaid:::sick leaveL For Lworking Ltune L Use d L in'kepin' medical and appointments L dental for the eLML ogee's own L care, and L L employe for L bar an 2. For workiL L L L tL L naL o edL p re hL duLled:L SC Le L and dental LL : appOent for iLntm L family L L n L L me _n L member. re'L L y CLa lo rQL L F arjqi. L:-L L f. 0 On f� L An a ee nay use paLidL sick leave LLLLL far L o: rk Lh L t imae used in case$ of illness nJUtYt0L nImmedite faL member. A go L mL n L erplOree may Use Death of F iL e� LML LL V � LL LL paid LLLL L sick a eL credits for working time used SEW 535 R&FL 70LL. 1999_200& OU_L � O '1 "- because of death in the rnplbye0# immediate family car of the mPlc��'� domestic partner, but this shall not exceed three } rorng days, plus up to tw days of wort tune for necessary travel. se of addififonal accruals including sick lease -when appropriate, may be authorized in cc�n unc ien with the bereavement leave at the discretion of the aponting authority. h, L c. A, ptic�n of a chil+d. laid sick leave credits may be u . bit n a n lc ya u n dot �►n of the child. i. Accumulated paid sink leave credits may not be used in the following situations: Ivacgtion. Paid sick leave credits may not be used for an ernloye's illness or inury which occurs while he is on vacation but the County Adrrinistratr mar authorize it when. #enua ing circurn. stance a ist and the pp€ inting authority approves. 2. t in ' y status. Paid is leave credits rry not be used when the employee would othenr ise be eligible to use paid sick leave creel its but is not in pay status. 14 t n a gra# o� c► ib Le ve. The proper adrn nistra lon of sick l avd is a responsibility of the employee and the department head. `I"'l a following procedures apply. SEW 536 RU - 71 - 19994005 Mou 04 lErn 1 . Employees are.: responsible for nottr I g their +department of an absence pr to the Commence nen of their rc�rk shift ar as soon thereafter possible. lotfificiont eodurinclude the reason tions of the absence. 2. rnpoyes are responsible for beeping their epartnmen ;informed on contnuin iasis of their condition and probable date cif return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled tune of pre-arrOng d personal or anrt ly medic al end et al appointment. 4. Employees erre a cc►urage to keep the ep ►rtment'advise of 'I � current telephone number to whibh s & leave r'elated inquires may be directed, end ( ) any condition(s) and or re n s tha may ;reasonably be rnpc sed regarding specific locations and/or persons the department may contact to verify the ernployee`s sick leve. b. epartnent lespnsibilitie . The use o sick leave rnay;properl be denied if these pr dares are not fcllcred'. bus�e of sil leave bn the pait: ►f the SEW 535 R&F . 72 - 1999-2405 Vov er•nplyee isc 119 e, for disciplinary action. C epartmental pp val of sick leave is a c+ rtiflcation of the legitimacy +��tho sick leave claim. `had r r r t head Or designee r ay make reasonable inquiries about employee absences. The department may require medical verification for air ahs+ r e cif fl M or rri+ re working days. The depatrnent may also require medical verification for absences of less than three working days for proboble cause if the erlployse had been notified it advance in writing that such verification was necessary. Inquiries may be made in the following ways: I . Calling the employee's residence telephone number car other contact t l hone number provided the emn►loyee if telephone notification was not made In accorcande with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imppseu by the employee under Section 14A.a. 2. Obtaining the employee's signature on the Absence/Overtime Record, or on another form established for that purpose, as employee certification of the legitirlacy of the claim. 3. Obtaining the ernplgyea's written statement of explanation regarding the sick leave claim. SEItJ 535 R&F - 73 - 9999-24051 OU .. ......... SECTION 14 SINK LEAVE 4. Re-quiringthe yemplo a L ee to h Ysi cian LS cer VeLrift the t i L I- employee'sL L illness, oyee was capa itated in em. biLfity to return work, specified bone. aL L sLL eL L L n L I L CeS of an extended nL d n atuLLLr L L requiring the empOyeeL obtain fr0Mther physician a statementof antic L date L on progre andL i0ated LL: W WiLILIL L L L L which :theLLL mplOYL enrill L to L LL: L L L be abl L L return to L work, as Spe dified above. L establishing LL:L LLL Department heads are responsible for will Linsure the submissionof L timekeeping procedures which a tate card cowering L ach L L :Lt� L L Le . aL Lfor opera ing their SpeC ,VeLLffIceSin accordance with theS policies regulations with clarifying :re S issued by the: Office of L gU L tOL LL the Jaunty Administra r.LL To L help L L aLSSULre uniform LL YL application,:icati on� the HumanL Resource&LDLireL c torLor des ated, L na L en t Staff of the County HumanResourCes Department should be contacted with respect to sick leave determinations about which the departrnentL JS Lin doubt, b A. An employee physically or mentally incapacitated LL L L'Ldismissal,L L Of duty e L to L fourthe performanceL is SU -CLt-L d� SULSpenSiL L L on or dernotl subject tO:L the County Employees Retirement Law of An appointing SEIU 535 R&F _74 - 1999_2006 MOOL .......... ...................... .......... SICKLEAVE aAhorit.tygiving roti cenay place anemploye e n. leaveifaPpoin rity:�ha:A he-:appointing autho Sfiled an: :'I retirement alap: ation . fbu� disability for the employee, or whom the appointing authority nently��Physically el es to be temporarily:or e p b I believes . for Orma m a citeted r the:,peff or.,, entaR.. ca � c t nce of the p employee s duties. B. An�.,,op:poi.ntir)g::authority,who:has'reasonable cause to believe Chet Ah0re are hS ic at: or mentalhealth conditions present in anemployee wh,'. Chendanger the, health or : safetyof the: employee other eM P.1 oyees a the public or: Which. . impair the e Ployee!s rf rmance: of :clut ��:�ma rq 06 v order the Y1 ployee., to , : , underg . Cou nty expense and on .o a. t� : the employees paid. time, & hy ical: medical examination by a licensed physicianand/or a Psychiatric examinabonby a licensedphysician or :0 s Ireceive:a re. ort of the..findings on p wh I.og.ist,,and p such examination. If the, examining physician or sychlbaist -o fecommendsthat treatment for includ" g health, problems, in. leave . e tal physical. ourn n re in thebest interests of the employee or the -co ming any mr .Count J re ation W e n, I th :,eMplo.....e....-rov y i d a per. rmi his or 's bility and/or n.g, h* r�her. duties the appointing authority may direct the employee to jake. such Ieave an rich treatment.and/or undergo .i C. Leave due to temporary or permanent disability shall without pre.'be , t prejudice to the erriployee's right to use sick. leave, .vacation or anyother benefit to Which the employee is entitled other than regular SOU 535 R&F _75 - 1999-2005 M SECIMN 14,--SICKLEA.E- esoufces�::Dlrector order Salary, The:,,H:uMan: R may good cause lost, pay� restored:�for 9 d s and aa , je S uct to theD , employee's:duty to.mitigate damages D- w Before an empoye. re-turns,, t work from any Ce r,, othe leave absence absen for.illnest,or injury, Of or disability leave, exceeding two weeks in i Auration, the appointing authority rcler the employee to. , may o undergo :at. County expensie a. physical, medicat and/or psychiatric. . examination by: a licensed Physician, and may consider afeOO. rt of the findingsm, on such examination. . -h nation: If the report shows such mi Ye incapacitated emplo 0, isphysidal y or in citated for the performance of duty, ffiathority&, appotntlng� u mayAake such actio as he deems necessary in accordance with apprb:priateprovisi.o:ns,:. of this MOO. ,�.� E. 'Before an employee is placed onan unpaid leave d� b Cause:::�of� Pysic-al or of absence.,orsUspende h mental incapacity under :(a) or (b).: above, the employee shall, be glivennoticeof t,h6osed prop ; leave of absence or �suspension byletter or memorandum. de-liveredpersonally otby certified n wing: mail,�:containi g:the::f 11o 1 . a statement of the leave of absence or suspension proposed 2. the proposed dates or durat on of the leave or suspension which may be,':inde terminate until SEW 535 R&F -76 - 1999-200 MO ......................................... 4i_ SICK:t&A VE certain physical or: mental : health condition e n has been 8 i ed by the employee, ri.�.VvNch:the action 32. a:staternn e tbU f.the,basis. upon is be.*n9, 0. t ken 40 a.,::stater e m# that the.,emp 16yee may review the 17n a PO i Kthd action is teen; c ater h wh. a 5, a, :.:stete--.Ment. that,: the , employed has until -o d:�dale (n..Al haft.seven'. (7) work speofie essA 0: wiling of the a a[Welly da ys,fr. m: person I d r ma i notice) torespond to the :appointing authority orally orfn writing. F Pending response to the, h. the he: aP poin ting authority for cause::specified inrriting :may pace .the employee on a temporary leave of absence, with pay, G. The em.P.oyee to whom the notice has been dd (7) Work da 11e S v Seven Wered,�i vnrwa halfha e� . YS torespond toAheappointing authority either orally or in writing before heproposedaction ma ye be - ,A ken. - H. After having.. complied with the:notice. requirements above, the appointing authority may order the leave Of absence or susens,ionin, wrIti c stating, i.04 the action is being y the baSia:.upon which ake. n. deI,ivering the or er tothe employee either either persona Iv car by certified mail, effective efther upon SEW 5136 R&F . 77 - 1999-2005 MOU :7`loN 44 r-SILK LEAVL� personal delr�rery car ,deposit rn the , ?. Po Service. I. n r�nplcye ►ht placed on leave or suspe ended under this section may rithin ten 10) calendar days after personal delivery or malting o the employee of the order, p the order in writing throbh the Director of Hurn an resources to the Merit Board. Alternatively, the employee may file a written election With the Dir for of Human Resources waiving the employee's right to appeal to the Merit hoard in fever o appeal to a Dsabiiity review Arbitrator. J. In the event of an appeal either to the Merit Board or thasability levieu arbitrator, the ernloree has the burden of:::proof to shover that either: 1 . the physical or mental health condition cited by the appointing auther�ty dogs not exist, or the physical or, rrrental heelth condition deer exist, but it is not suf idea to prevent, replude, or impair the employee's performance of duty, car is not su�icier�t to endanger the health or safety of the employee, ether erplcyees, or the public. K. If the appeal is to the Merit: Board, the order and appeal shah be tren 'Mittel ley tl e C hector of Human Resources to the Merit Boerd for- hearing SEW 535 R&F - 78 - 1999 2005 OU .......................... ................. Se. jt.0 under e lent Procedures, Secion1114 112 s 8 Jncju J- medical reports Submitted in evidence h ing 9I[remain n confidential in such ear s� shall information and shall not be a part of the: public record, e.,lapp Ijs�to Q'sao li y�Fir Arbitrator, the L If th .ea 0 Is eview. et employee (and his r`epresentatiNrO):,wilt,.me with the County's representative to mutually'select the INS .Review Arbitrator, die facto Who may Oe:,a�!� a -ator r a reh. Oili arbitrator, or. ..a physician, 0 itation, specialist, orsome o tier recogqiz ed :speqJ list mutually seleqkO by the s. The.arbitratorshal.l. p e hear.� review ie e evidence. The decision of the i i Revi, Dis-bity ewArbitrato r shall be binding bn bath the County and the emplOyee. scope of _ &rbi tr s Review. m- od.ify or revoke 10: Thp�arbi tor, ay affirm . vo e the leave,of absence or suspenston. 2.: Thearbitrator may make his decisionbased only on evidence submitted ley.the�,County , ;and the employee. The arbitrator may order back pay or rpaid sick leave credits for any perl od of leave of absence ce or suspens sen ion if .the leave or sustainable, I suspension i found not to ba, susta e! t to mitigate employee's d subject: :to the e rnP duty damages. SEI U,53.5 RU 1999-2005 MOO ............ SECTION 44 s C 4. Thearbitrator's fees and� lex pentes shall be h If by the Paid one. a County and one-half by the employe.e or employee's association. M. It is understood that the benefits.: specified in t al Sections 14 and 15 shall be: coordinated with the -d rehabilitation program as �determ ihie by the labor- management::com: Mittee- 11466: M"�rsl ,Copeft ion A:per.m,anentnon-safety employeeshall continue to receive the appropriate e percent for ; .11 & a accepted claim fil d before Ul reg ar��monthly January 1 2000 during any: period Of COM Oensable temporary disability absence not to exceed,':oneye r. For all accepted claims flied with the Count after January 1 , £l0(3, or a fo I p h :.�,�.o ay r emp oyees entitled to 2000, the percentage f Workers' Compensation shall be decreased from 87% to x , 86%. This proec vision 16d h e& t ose safety employees entitled to benefits as defined under the Workers' Lar � Compensation Lays s of California Ub Cade Section 4850. If Workers' Compensation b.ecomesta able the County agrees to restore the original benefit level (100% of monthly � salary) and: the ppartiessh-all meet end confer with respect to funding the iriare se a d: cost A. Employees who leave work as a result of an on-the- job Of that day.charged injury will :have1h e*:balance job��.ihj to continuing pay. This gill be co s!dere d as the last day worked f rpurposes of determining Workers' comoensati.o,n:, benefits. A permanent employee shell.,receive the authorized percentage SE1U 535 R&F -80 - 1999-2005 MOO $401 able regular' y pe 10 Of compens OU is6lary r d, T ble temporary d -ibl ity�:� abs nce, ompensa Is Ieor disability absenc e far purpose hyabsencedu td k �-I o Work connect e thi.s. ..Si6etion, IS a e r l disability Which qualifies: for: tempo ary disability insa n o nsatio UriderWorkers' c tion Law c mpe ompe o bf� alifo nia Labor Code. set:lotth. in Divis! A 4:: the : r When:any disability becomes permarient, the:salary : p rovidedin th sSection .shall terminate. The : ct em I oyt,e,6shillreturn th6:Co,lo : unty,,��.all temporary P disability payments- n received byhir /her :from any bounty fun.d.ed woepfl acerne r � prog ra No orvaca c in ave,� chane shall made. against sick tion for these salary payments.ayments: :Sick leave and vacation rights shall - not accrue hese periods during c :e for th Which. ,s ,.a ymen.al t made.. pa . ..,, z.are, ry U 17n d:::: f described salary The:, maxi Per r the U u injury or:illness shall be continuation for any one h' o nary e ato of:�tompora dJSabilitv PPe ye,ar:: roM the �0 �� u. -g- P.Pa permanent B. Continuing X: pe anent . mp oyee shall -e salary during receive 86% T .gu:bf l.ar monthly s la d I g any period of compensable temporary disability not to sable exceed One year. mpen, temporary disability absence'. fir the purpose ,of this Section se -e, due to.: work conn cted� Ais bili is�',.an,.: a,bnc: disability �s which qualifiedfor temporatry chi abitity compensation t.0 U ndar - rke rsConpensanon Law set forthACalifornia Labor Code. �t e Catifo nil' '.. Division 4 Of h when anyi ab. Jtidybecomesmedically permanent and stationary, the salary provided by this Section SEW.535:R&F : 81 " 199$-2005 OU L shal term nate. o charge shall " ade aga rest scl IeaV : orvaate fQr these salary payments, ickleave and vacat`on rights shali not accrue for these periods during i h ccntinuipg pay is receivednnplbyes shad a entitled to a Maximum ofone: (it) l�aarr.of o nein iDv benefits fo ani c e i jur car illness; crtinuing paybegins at the seine time that temporary Worker ' Ce npensatic�n benefits cern ence and c ntinues t, ntil either th m mber is declared medically pernanent1stati�rner , car until one ( year cf continuing pay, 'whichever ernes first pr raided the e o remains in an active employed:: st to . Con Un in p is au c�maticelly terminated cin tl a date an ernp oyvee is ae ara ed from County service by resignation, retirement, Icngerplcyed byrplceeisn lyt , or:the e the Count . In these paid. ernlees will be ►aid v1/ckers' Ccarnprsticn benefits as prescribed by Workers' Compensat can laws. All continuing a r ill a cleared through the cunt r�drrinistratar's t ftice, Risl ahage . ent l ivisien. C. bull Pay e. cnd ne . If an injured employee remains eligible car t r pOra Y,disability be €end one dear, the aticre salary will continue by irte rating sol leave and/car vacation accruals Frith icr rs' Co pen atien ben efits, : If salary irate ratio n is no ldhcler a aila le, Workers' ars' Con pensatian benefits will be paid directly to the SEW 535 R&F -'sz - 1999*2005z MOU SE LPA MIyMP�nYUll/IYM �o1M1 ertple acre cri b► 'Verlers' cmpensat�br Iehailittio lntegraian, r it urdrr�� r � gra is eli ible cr vcr ers' c rnpens tion Rehabilitatin errtorar Cisability benefits and u�hc disability i Me c iy perm r� c t ti ri i r t + 10-receive hiker appicable salary by interatirtc sick leave and/or vacation accruals with v Workers. Compensation Rehab litation Temporary Disability benefits until those accrualsr hustd. Tl + r+ r, the rFhbili#aticr� tnpr dibity boneits willa paid directly c tle elplcyee. E. ealtrt lnsurnce� The county ntribution to the employee's rcp insurance plan{ ccntirruos during the continuing pay perioe and durirt integration sick leave or vacation Frith Vvarkert compensation benefits. F. Method of lntegratic Methodn. 1 ►n employe 's sick leave and/or v ratio charges shall be calculated f lows: �= 8 ['1 + Sick leave or vacation charge per day On hours W = Statutory Workers' Cctnpnsetigr► for mantle llcntlly wary 14*7 L e"e 1 i t t Pray. o employee who has been grantee ale ithut Payr unpaid military leave shall accrue arty sick leave credits during the time o such leave, nor sh ll an employee who is absent without pay accrue sick leave credits during the absence. SOU 535 R,&F -83 y 1999-200 MMU SEGTIO!1 t -SICK C., VL ' #a � Asa l ntuit � � �� W ..lull 1, '[g the aunt y will ' begin e six rnt nth'' pilot p agr M far employees eligible for State Disability benefits, At the end of the six- (6) !month pilot lim the Ca lrrty will meet and confer to evaluaterhet;her the plan Wild be continued, rrploees elicibl far benefits ruined to rrlalce appl�ctior� for SDI benefits and to hao those benefits integrtod rn�itl the a tbr �c eere eoru an the foo wing basis. 1 enera r ►rr c ons. the allfcrnie # program prpvides lisbilit benefits bognnirlg cin the eiglth calendar day €�f auaifng Isabllty cnles the employee is hospitalized. Upon hospitalization, benefits can be payable from tyle first play of the disabllitr, If ,the disabilfy exceeds fourteen (° 4 calendar days; ben`efts can be payable from the first day: cif the disability, The: rr�aximurn perm Of state disabillty payments is up to cine dear, Ieterrninatian of SDI payments and eligibility o receive payrrlents is at the sale discretion of the Mate of California. Inegratlan vans that elployees will be required to use sick leave accruals to supplerrlel t the difference between the amount of the SISI payment and the employee's base monthly salary, In egra. on of sick leave Frith the SDI benefit is automatic end cannot a waived, Integration a o, s to all St I benefits paid. For employees offon SDI, the department will male appropriate integration adutrnents including retroa+ tiue adustrlents if necessary, rrpla �s Dust info�rrn their department of:, n►aspital zation in a timely manner in SEW 5361 &F -84 . 1999-2€05 A OS SEC IO 14-» SICK LEAVE VL order for the department to make appropriate integration adjustments. Mate Disability benefit payments will be sent directly to the employees at their home address by the Mate of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick leave may be used. 'These accruals may be used only to the extent that total payments do not exceed the employee's base monthly salary. 14.10 Procedures. Employees with more than 1 .2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have 1 .2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of sick leave` per month for the duration of their SLI benefit. When sick leave accruals are to-tally exhausted, integration with the SDI benefit terminates. An employee-may use any other accruals without reference to or integration with the SDI benefit, When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or other accruals. SEW 535 R&F -85 . 1983-20051VIOU SECTION 14-SICK LEAVE Employees with no sick leave balance at the beginning of the disability integration period may use any other accruals without reference to or integration with the SDI benefit: Employees whose SDI claims are denied must present a copy of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Division, for assistance in resolving problems. 14.11 Method of Integration. Until an employee has a balance of 1 .2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month: The amount of sick leave charged each employee will be calculated in the following manner The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full time employees' schedules will be converted to 8-hour/ -day weekly work schedules during the period of integration. The formula for full time employees' sick leave integration charges is shown below: SEW 535 R&F - 86 4999-2005 MOU- SLOT/oN 14--SICK LEAVE .w A r�r+� i rr.n irrrxw�rri-. L ; [(S-c) S] x 8 S = Employee Base Monthly Salary N = Estimated Highest Quarter (3-mos)Earnings N = S x 31 W Weekly SDI Benefit from State of Califomia lath Weekly Benefit Table C Calendar Days in each Month D Estimated Monthly SDI Benefit [D = (1N 7) x C]' L_ Sick Leave Changed per Day Permanent part-time, permanent-intermittent employees, and these full time employees 'working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly: 14.12Defln!U2.n. "Base Monthly Salary" for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary° field on the Cho-U e Payroll Time Reporting System used by departments for payroll reporting purposes. 14.13 Conversion to the Nein SDI Proctram. For all employees receiving SDI benefits prior to July 1 1994, conversion to the new SDI program :operated by departmental payroll staff will be coordinated by the Human Resources Department, Benefits Division. All employee SDI benefit checks received in the °Human Resources C epartment end signed over to the County by June 30, 1994, will be deposited and used to buy back the employee's sick leave, with sick leave credits appearing on the July 1 oth;pay warrants insofar as possible. All Employee SDI benefit checks received, but not signed over to the County, by June 30, 19943, will be returned to the SEW 535 R&F - 87 . 1999-2005 MOU SECTION 14- SICK LEAVE employee. All employee SDI benefit checks received after June 30, 1994, will be returned to the employee. In both these situations, no sick leave buy back will be made, regardless of the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff will be effective July 1 , 1994 for the month of July with the first computation of SDI benefits and integration with sick leave under the new program made on the August 10, 1994 pay warrants covering the July 1994 payroll period. 14,14 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one (1 ) representative from each employee organization and four (4) management representatives to review and recommend to the Director of Human Resources the feasibility of implementing a self- funded' and self-administered disability insurance program. 14.15 Employee Annual Health Examination. Employees of the County who work in a Health Services Department facility will annuaily be required to complete a Health Questionnaire and take a Tuberculosis Skin Test. A chest X-ray will be required if the employee has previously had a positive reaction to a tuberculosis skin test. However, employees will not be required to takeC ray exams in excess of what is required by applicable Federal and State laws. Employees will also be requested to be screened for Rubella immunity. If the result of the Rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct SEW 635 R&F - 88 9999-2005 MtJU SECTION 15- CAMST"koPHIC LEAVE BANK patient contact and refuses to become immunized, said employeewill be relocated to an indirect patient contact area. SE01 15-1 CA TA TROPHlIC ,LgAVE BANS 15.1 P"rouram C3 .kin,. The County Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, Injury, or condition of the employee or family member. The program establishes' and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from these account(s):and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval,:credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a lona-terra major physical'impairment or disability which manifests itself during 'employment. SEW 535 R&F -89 - 1999-2005 MOU SECTION 15 - CATASTROPHIC LEAVE BANK � M 15.2 Overation. A. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recording all, donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) 'members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals, C. To receive credits under this plan, an employee must have permanent status, must have exhausted all time off accruals to a level below eight (8) hours SEW 535 R&F 9'0 -' 1999-2005 MoU SECTION 15 =1CAIASTROPHIC:LEAVE BAW total, have applied for c""a medical leave of absence and have medical verification of need. D Donations are irrevocable unless the donation to the eligible employee Is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours per donations from balances in the vacation, holiday, floating holiday, compensatory time,; or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-fivepercent (25%) credited to the Catastrophic Leave Bank. E Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will net be on a straight, Dour-for-hour basis. All computations will be on a standard 173.3: basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. F. Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event, each donor will be limited to one hundred twenty,(1210) hours per calendar year. G. No element; of.this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director`of Human Resources. SEIU 535 R&F -91 - 1999-2005 MOU ............. ......................... ..................................... ................ ........ ........................ SECTION 16 - LEAVE OF ABSENCE H. No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may>be denied, or awarded for less than six months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of theirdonation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. I. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECT 10N 16 - LEAVE OF ABSENCE 16.1 Leave Without Pay. Any employee who has permanent status may be granted a:leave of absence without -2005 MOU SEW 535 R&F - 92 . 1999 SJFOC�1oAl 1 - LEA V of A8v��11i�L pay upon written request, approved by the appointing authority; provided r however, that leaves for pregnancy, pregnancy disability, 'serious health conditions, and family dare shall be granted in accordance with applicable state and federal law. 16.2 genera b m1nistra 1.2 - .eaves of Absence. Requests for leave of absence without pay shall be made upon forms prescribed by the Director of H man Resources and shall, state specifically the reason for the request, the date when it is desired to begin the leave,Iand the probable date of return'. A. Leave without pay may be granted for any of the following reasons: 1 . Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; 3, family care; . 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 bast thirty ( o) days before the leave is to begin if the need for the leave is foreseeable. If the need is SEW 536 R&F -93 - 1999-2 06 MOU SECTION'16- ZEA U'E OF ABSENCE 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 shell be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care shall be granted to an employee who so requests it for up to eighteen (18) weeks in each calendar year period in accordance with Section 16.6 below. E. Whenever an employee who has been granted a leave without pay desires, to return before the expiration of such leave, the employee shall submit a ;.request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. SEW 535 R&F - 94 - 1999-2005 MOU SECTION 16 LEAW OF ABSE NCE F. 'Except the case of leave of absence due to farnly care, pregnan+ y, pregnancy disability, illness, disability, or serious health co ndition, ti a decision of the appointing authority granting or denying a leave or early return from leave shell be subject to appeal to the Human resources Director and not subject to appeal through theL grievance procedure set forth in this 11/IU. 16.3 Furlc uOLULl i c as w th+ t t Pay. The existing VTt) .rrrrr.rwi r�rnrr.i.n program shall be continued for the lite of the contracts ►.�4 ,Mitre .an( any' employeeo has permanent status and who is ordered to serve as a member of the State Militia or the LUnited States Armor, Navy, AirForce, Marine Corps, east ward or any division thereof, shall be granted a military leave for the period of such service, plus ninety { fl} days. Additionally, any employee who volunteers for service during mobilization under Executive order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence, if necessary, in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her portion in the classified service provided such 'still exists and the erploree is otherwise qualified, without any lass of standing of any kind whatsoever. An employee who hes been granted a military leave shall not, by reason of such absence, suffer any less of vacation,' holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced SEW 535 R&F 95 1999-2005 MOU .............................. .......... .......... ........... ................................................................. ....... .......................................................... ... ... ................................................................................................................... ....... SECTION 16 - LEAVE OF ABSENCE thereby with reference to salary adjustments or continuation of employment. For purposes of determining e1iigibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered astime in County service. Any employee who has been granted a mi1itary leave, may upon return, be required to ' furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources ,may deem necessary. 16.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in each calendar year any employee who has permanent status shall beentitled to at -least eighteen (18) weeks :(less if so requested by the employee) leave for: a. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or b family care leave of absence withoutpay for reason of the birth of a child of the emptoyee, 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. SEW 535 R&F -96 - 1999-2005 MOU SEM N! 16. LEAVE OF ABSENCE 1 .6 Celfflification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additionalperiod(s) of family care or medical leave may be granted by the appointing authority. 16. Use of l.earre. The'eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of :appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 16.12 below. when paid leave accruals are used for a medical or family bare leave, such time shall be counted as a part of the eighteen (18) geek entitlement. 16-8 reate Use far Spouses, In the situation where husband and wife are both employed by the County, the farnilr 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 dUrinq. each calendar year period. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 16.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply. a. Child: A biological, adopted, or faster child, stepchild, legal ward, conservatee or a child who is SEW 536 R&F -9"7' - 1999-2005 MOU SECTION 16 -,LEAVE OF ABSENCE under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: Abiological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. d. Domestic Partner: An unmarried person,: eighteen (18) years or older, to whom' the employee is not related and with whom the employee resides and shares the common necessities of life. e. Serious Health Condition: :. An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health caro facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by state and federal law. f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person` for whose care the leave is SEW 535 a&F 98 1999-2005 MOU SECTION 16-LEAVE OFABSEN'CL being taken which need not identify the serious health condition involved, but shall contain: . the date, if known, on which the serious health condition commenced; . the probable duration of the condition; 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; . 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. etior for . Medical Leave: A written communication from a health careprovider of an employee with a serious health condition or illness o the employer, which need not identify the serious health condition involved, but shall contain: 1 . the data, if known, on which the serious health condition commenced, SEW 535 R&F - 99 - 1999-2006 MOU .................... ............ .............................................. ...........- ...................... ....... .......... ................ .. .... ..... SECTION:16 - LEAVE OF ABSENCE 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in, the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 16.10 Pregnancy Disabill Leave. Insofar as pregnancy disability leave is used under Section 14.3.d - Sick Leave Utilization for Pregnancy Disattli that time gill not be considered a part ofthe eighteen (18) week family care leave period. 16.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by SEW 535 R&F - 100 - 1999-2005 MOU SECTION 1$-LEAVE OFABSENCE rnaintalint their employ rent in day status as described in Section 46.12. During the eighteen (18) weeps of an approved medical or family care leave under Section 1+6.5 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 15.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 16.12' Love e Wit cut Pall: Use of Acor�a� , A. N.I. 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 bey using available sick leave (if so entitled under Section 14.3 - Policies Governina the Use of Paid Bich Leave), vacation,; floating holiday, compensatory time off or ether accruals or entitlements; in other wards, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly bads at the employee's discretion. After the first twelve (1 2) months, the leave period may not be "broken" into secgmants and accruals may not be used, except when required by LTD Benefit Coordination or SDIISick Leave Integration Section 14.8 -- State DisabilAy Insurance, or as provided in the sections below. SEW 535 R F - 1 Q1 - 1999-2005 MOU SECTION I 16-LEAVE OF ABSENCE B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion ;of that Dave 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 underSection 14.3 - .Policies Governin-g the Use of Paid Sick Leave), vacation floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. G. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be rewired to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues' beyond the eighteen (18') weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 - Policies Governing the Use of Paid Sick Leave. , SEW 535`R&F - 102 - 1999-2005 M(3U SECTION 16-LEAVE of ABSENCE 16.13 .eave of Absence Roolaceenttnd Relnstater ant. Any permanent er ►ployee 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, shell be reinstated toa positron in that classification and department and then only on the bash of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Seniori workforce Reduction La off! & Reassignment shall apply. 16.14 Leave of Absence Return. In the Department of Employment & Duman Services an employee shall have the right to return to the same class, building, and assignment (position control number) if the return to work is within eighty- nine ightynine g) consecutive days from the initial date the employee started leave of absence. At such time the leave of absence is approved by the Appointing Authority, the Department of Employment & Duman Services shall notify the employee of the final date by which they scall return to be assigned to the same position control number. 16.15 Reinstatement Fom Family care- !01cat L ave. In the case of a family cane 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 g) 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 afull schedule is after no more than SEW 535 R&F - 103 - 1999-2005 MOU SECTION 16- LEAVE OF ABSENCE seven hundred twenty (720) hours including use of accruals, Of intermittent or reduced schedule leave! At the time the original leave is approved, the appointing authority shell notify the employee in writing of the final date to return to work, or the maximum numberof hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame: for reinstatement to the same or comparable position adjusted on a pro rata basis. 16.16 Salary Re, view, While on Leave of Absence. The salary of an employee who is an 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. 1+6.17 Unauthorozed Absence. An unauthorized absence from the work site or failure to report for duty after a 'leave request has been disapproved, revoked, or cancelled by the appointing authority, or at the expiration of a leave shall be without pay. Such absence may also be grounds for disciplinary action. 16.18 Non- xelusIvily Other NIOU language on this subject, not in conflict, 'shall remain in effect. 16.19 Time Off to vote. Employees represented by the Union who do not have sufficient time outside of working SEW 535 R&F - 104 1999-2005 MOU SECTION 17-JURY DUTY ANO TNESSDUB hours to vote at a statewide election, may, without loss of pay take off enough working time which will enable the employee to vote. No more than two (2) hours of the time taken off for voting shell be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free tune far voting and the lust time eft' from the regular working shift. Any employee seeking time off to vote under the provisions of this Section, must submit a written request, at least two (2) working days in advance, to his or her immediate supervisor, stating the following: name; job classification; department; a statement "I am registered voter' geographic location and address of the employee's palling place; amount of time off requested and whether it is to be at the beginning or end of the employee's regular work day; and a clear statement as to why the employee is unable to vote during the regular hours that the pods are open. A-.EgTIQ,NI7 ."J!IR ..DUTY AND WITNIUSS DUTY 17. 1 Ju DWY, For purposes of this .Section, jury duty shall be defined as any time ars employee is obligated to report to the court. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty, SEW 535 R&F - '{t}5 - 1999-2005 MO SECTION!17- JU,RY DUTY AND MTNESS DUTY If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them When an employee is summoned for jury duty selection or is selected as;a juror in a Municipal, Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. b. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after SEW 535 R&F 106'- 1999-2005 MOU SECTI177-4 Y oUrYAND WITNES&DUTY daily Jury service that would stet theirbility to properly, serve as Jurors. An employee on short notice standby to report to court, whose job duties make short notice response:impossible or unpractical, shall be given alternate work assignments for those days to enable there to respond to the court on short notice. When an employee is required to serve ori Jury duty, the County will adjust that employee's work schedule to coincide with o Monday to Friday schedule for the remainder of their service, unless the :employee requests otherwise. Participants in 9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for jury duty on their scheduled days off. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 17. ftnoss D Employees called upon as a witness or an expert witness in a... case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all Bees and expenses paid to there (other than mileage allowances) or they nate take vacation leave or leave without pay and retain all fees and expenses. Employeescalled to serve as witnesses in private uses or personal matters (e.g., accident suits and family relations) SEW 535 R&F - 107 - 1999.2405 OU SECTION 18�HEALTH AN1 INELI=ARE, LIIG: &DENTAL CARS' shall take vacation leave or leave without pay and retain all witness fees paid to them Retention or waiver of fees shall be governed by the Sarna provisions as apply to jury duty as set forth in Section 17.1 of this MOU. Employeesshall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. �SE Ttol�l '�18 - HEALTH AND w LFA�RE LIFE V I TAL CARE 18.1 Counly Pro-grans. The County will continue to offer existing County Group Benefit Programs of medical, dental and life insurance coverage through December 31 , 1999 to all permanent employees regularly scheduled to work twenty (20) or more hours per week. Effective January 11 2000, the County will offer Group Benefit Programs for medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty (2 ) hours or more per week as described in the September " 0, 1999 agreement Exhibit C) between the County and the: labor Coalition. however, if a provider discontinues service to the County, the County shall immediately, upon knowledge 'of this potential, meet and confer regarding a replacement. 18.2 Rate Information. The County Benefits Division will make health and dental plan rate information available upon SEW 535 R&F - 1'08`- 1999-2005 MOU SECTION 18-HEALTH AND ��RE, 1FE&L7ENTAL CARE request to a nplovees and c epartments, In addition, the County Benefits division will publish and distribute to employees and departments information about rate changes as they occur during the year. 18.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOM shall be as follows: for Employee Only an Medicare by taping the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium Withheld from Social Security payments for one (1 ) enrollee; for Employee and Dependent(s) with one (1 ) member on ,Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social ,security payments for one ( ) enrollee, for Employee and Dependent(s) with two (2) members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly D'art B Medicare premium withheld from Social Security payments for two ( ) enrollees. 18.4 Partial. Month. The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee roust make up the difference by remitting the amount delinquent to the Auditor:Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thin covered by the health pian for the month in which compensation is paid. SEW 535 R&F 109>- 1999-2006 MO!! SECTION 98-HEALTH AND WEL>rAR LIFE & L"?ENTAL CARE 18.5 Coverage DurNnc Absences. An employee on approved leave of absence shallbe allowed to continue his/her health plan coverage at the County group rate for twelve (12) months provided that the employee shall pay the entire premium for the Health Plan during said leave. An employee on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health plan option (if available) or continuing group coverage subject' to the provisions' of the Consolidated Omnibus Budget Reduction Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the 'option selected. The entire cost of coverage shall be paid at a time and place specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to individual health plan coverage, if available, or may continue County group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County: 18.6 Retirement Coverage. Upon retirement, employees may remain in the SaM&County group medical plan if immediately before' their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the SEW 535'R&F 19 0 1999-2005 MOU s errC3 �rs-H ALTH�4NO vltL�'�AREII IIFF& �JENTAL CARE linty or .converting to individual conversion membership from the County plea through the medical plan carrier, if available. 18.7 Deferred RetMent. Effective ,January 1 , 1997,_ employees who resign and file for a d0ferred retirement may continue in their County 'group health land dental plan; the following conditions and limitations apply: a Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: I . be qualified fora deferred retirement under the 1937 Retirement Act provisions. . e an active member of a County group health and/or dental plan at the time of fling their deferred retirement application and elect to continue health benefits. 3. be eligible for a monthly allowance from the Retirement System and direct receipt of a, monthly allowance within twenty-four (24) months of their application for deferred retirement, 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty ( 9) days before their separation from county service. SEW 536 R&F -"111 1999-2005 MOU SECTION 1$- HEAL THAND WELFARE,;LIFE & DENTAL CARE c. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 1 1th of each month to the Auditor= Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or Mental plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowancewithin not more than SEW 535 R&F' - 112 1999-2005 MOU SECTION4$ -;HEALTH AND VWLFARE, LIFE& DEN'TAL. GAR'S' wvn yr for 4months after separation from County service,' f. Deferred retirees are required to meet the same e igibility provisions for health/dental plans as active/retired employees. 18.8 Dugl,.+ onrage., If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coveragez combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coveracie, shall be altowedi to enroll or transfer into the health coverage combination of hislher choice within thirty ( 0) days of the date coverage is no longer afforded under the spouse's plan, 18 .9 Heatt Care ` end1n AccQ., n . The County will offer regular full-time and part-time ( gl4g car greater) County employees the option to participate in a Health Care ;spending Account (I CS ) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Cade, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre--determined amount of money from their paycheck, not to exceed 2400 per year, for health i care expenses'not reimbursed by any ether health benefits plan with before-tax dollars. Effective January 1 , oo, this amount shall be increased from $2400 to 3000 per year. H SA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code SEW 536 R&F 1999-2005 MOU SECTION 8- HEALTH AND WELFARA LIFE&#3ENT'AL CAR Section, 125. Any unused balance cannot be recovered by the employee. 18K1 0 Welffiss nc ntive Pro.+g a . A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management WellnesCommittee. The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely with the Human Resources Department on program design and implementation, A, Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and collaboration with health plan carriers to develop special programs and activities for County employees and to encourage participating in their established wellness activities. Special emphasis will be placed on supporting major programs such as Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings, and Health Fairs. B. Fob. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing SEW 535'R&F - 1'14 9999-2005 MOU SECTION 18 -HEALTH AND Elle' 8k DENTAL CARE certain point levels. The value of the prizes will increase with higher'point values and one (1) grand prize will be awarded each year to the: employee with the highest number of points. C. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and department participation will be an important aspectof the Wellness Incentive Program. D. Referral The parties agree to refer the Wellness Incentive Program to the wellness Committee for its consideration. 18.11 Child Care. The County will continue to support the concept of non-profit child care facilities 'similar to the "lids at Work' program established in the Public Works Department, 18 112 + cnldenall tnfa►rralon 'ledords. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). 18.1 P"E s Loj)_g T+ r_rn ,Care. The County proposes to deduct and remit monthly premium and eligible lists to the PERS Lang' Term Care Administrator, at no County ad�inistretive cast, for County employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Terra Care Program. SEW 535 R&F - 115 1999-2005 'MOU SECTION'19- PROBATIONARYPERIOD The County further agrees that County employees interested in purchasing PERS tong Term Care may participate in meetings scheduled by PENS Long Terre Care on County facilities during non-work hours (i.e. coffee breaks, lunch hour). SECTION 19 - PI OBATIODNARY PERIOD 19.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject to a probationary period. For original entrance appointments, the probationary period shall -be from nine (9) months to two (2) years duration. For promotional appointments, the probation period shall be from -six (6) months to two O years duration. 19.E Classes with Probation Periods Over Sixf IVire Months. Listedbelow are those classes represented by the Union which have probation periods in excess of nine (9) months for original entrance appointments and six ( ) months for promotional appointments. None. 19.3 Revised Probationary Perlo& when the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 19.4 Criteria. The probationary period shall commence from the date of appointment. It shall not include time served in provisional or temporary appointments or any 'period of SEW 535 R&F - 116 - 1999-2005 MOU SECTIONI PROBATIONARY PERIOD continuous unpaid absence exceeding fifteen 05) calendar days, except as otherwise provided by law. For those employees appointed to permanent-intermittent positions with a nine (g) months probation period, probation Will be considered completed upon serving .fifteen hundred (1',500 hours after appointment except that in no instance will this period be less than nine (9) calendar months s from the �►egir �nin of probation. if a permanent-intermittent probationary employee is reassigned to full time, credit toward probation completion it the full time position shall be prorated on the basis of one hundred seventy-three (1 73) hours per month. 19.5 Rulon During. Prdatiop. 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 mal from resection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political or religious affiliations or opinions, Union activities, or race, color, national origin, sex, age, disability. or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by rhich it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by S'E1U 535 R&F 117 - 1999-2005 MOU SECTION 19-PROBATIONARY PERIOD 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit 'Board shall consider the appeal, and if it finds probable cause to believe that therejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recom. ended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of thez Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direst that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 19.6 Reaular Approlntment. 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 SEW 535 R&F' - 118 1999-2005 MOU SECTIO f 9: PROBA'rtONAR Y"PERIOD, regard to the Skelly provisions of this Ml,,l, 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 timelyl manner the proper written documents certifying that a zprobationary employee has served in a satisfactory manner and Mer acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other previsions of the M U, an .employee rejected during the probation period from a position in the Merit System to which the employee had been -promotedor transferred from an eligible list, shall be restored to a position in the de parment from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a ' position in the classification in the department fro rr which :the employee. was promoted or transferred. 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 theafrmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Director' of Human SEW 636 R F - ''119 1999-2005 M U .................. ................................ ..................................................................................... ............................. ..................... .................. ...........................................................................................-............ .......... SECTION.19-PROBATIONARY PERIOD Resources shall not certify the name of a,Person restored to the eligible list to the same appointingauthority by whom the person was rejected from the same eligible list, unless:such J a certification is requested in writing by theappointin'.. authority. 19.7 Layoff Mrtng Probation. An employee who: is laid off duringprobation, if reemployed in the same class: by the: same department, shall be required to complete Only the balance of the required.probation. If reemployed in another department or in another classification, the employee shall f serve a1ull probationary .period. An employee appointed to a permanent position from a layoff or reemployment: list is subject to a probation periodif the position is in adepartment: other than the department from which the employee separated, displaced, ,or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displa ced or voluntarily demoted in lieu of layoff. 19.8 Resection Duran Pro.. a. ion cif La off Em P12 ee. An employee who has achievedpermanent 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, U Mess discharged for cause, if the personis within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different SEW 535 R&F - 120 - 1999-2005 MOU departrrrent or classification than that from which the employee was laid off. EC ' 0 120 - P PROM IO 20.4 WAA f CM MO rratl.rrillxar�+.. Promotion shall be by W..rryMi.....wrMMnrr■Ill�iiir�r�nrilr� competitive examination unless otherwise provided in this ou. 20.2 Promotion,I iI..Pc a The Director of Human Resources,- upon request of an appointing 'authority, shall determine whether an examination is to be called on a promotional basis. 20■3 Oen_Exam. if ars examination for one of the classes represented by the Union is proposed to be announced on an open only bads, the Director of Human Resources shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Union to discuss the reasons for such open announcement. 20 .4 'ro of on via Roc ass lf cation Wfth gut Exar irla to a Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a An evaluation of the position{s} in question must show that the duties and responsibilities have SEW 535 R0 In &F - 121 - 1'999-2005 MO SECTION20-PROMOTION significantly increased and constitutea higher level of work. b. The incumbent of the position must have performed at the higher level for one ('I) year. C. The incumbent must meet the rninirn.ur education and experience requirements for the'Ngher class. d. The action must have approval of the Human Resources Director. e. The Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 20.5 Requirements for Promotional Standing. In order to qualify for an examination celled on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimums 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 ated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 20.6 S_ eniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent SEW 535'R&F 122 1999-2005 MOU S CTION 21 - TRANSFER (70%) or more, shall receive, in addition to al other credits, five one-hundredths of one percent (05%) for each competed month of service as a permanent County employee continuously preceding the final date for ding 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 scare from which the rank on the promotional list is determined. leo employee, however, shall receive more than a tote of five percent (5%) credit for seniority in any promotional examination: 20.7 Promotional Ern Icy nen List-Rule of Five. On each request for personnel from a promotional employment' list for a class, five ) names shall be certified. If more than one (1) position is to be filled in such class in a department at the same time and from the same request for personnel, the number of names to be certified from such promotional appointment list shall be equal to the number of positions to be filled plus four (4) 20.0 P v06ca E am nation. County employees who are finw�Y.i11�YM�oIMIIl0Y. 1�./.Y�lrl-..��.� required as part of the promotional examination process to take a physical examination shall do so on County time at County expense. SECTION 21 - TR SFER 21.1 Reguirements. The following Conditions are required in order to qualify for transfer: SEW 535 R&F . 123 - 1999-2005 MOU SECTION 21 - TRANSFER a. The position shall be in the same class, or, if in a different class shad have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure] b. the employee; shall have permanent status in the merit system and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d. the employee concerned shall have indicated agreement to the change in writing; e. the Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 21.2 Transfer Without Eumination. With the approval of the appropriate appointing authority/authorities and the consent of the employee, the Director of Human Resources may transfer an employee from one job classification to another job classification without examination under the following conditions: SEW 535 &F: - 124 1999-2005 MOU SECTION 21 - TRANSFER theand responsibilities of the position from which the employee is beim transferred are within the occupational area or directly associated with the duties and responsibilities of the position to which the employee is being transferred. b. the employee must possess the rn nim um qualifications for the job classification to which the employee is being transferred. C. the employee must serge the probationary period required for the classification into which the employee is being transferred. d. an employee rejected during the probationary period or who resigns during the probationary period for ether than disciplinary reasons shall have the right at that time to be restored to a position in the classification in the department from which the employee was transferred. The Human Resources Director, upon request, will provide written justification for invoking this section. 21.3 Procedure An r employee or appointing authority who desires to initiate a transfermay inform the Director of Human Resources in writing of such desire stating the reasons therefore. The Director of Human resources shall, if he or she considers that the reasons are adequate and that the transfer,will be for the toad of the County service and the parties involved, inform the appointing authority or authorities SEW 535 R&F - 125 - 1999-2005 MOO SECTION 22 -RESIGNATIONS concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. SECTION 22 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be °forwarded to the Human; Resources Department by the appointingauthority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Human 'Resources Department and shall indicate the effective date of termination. 22.1 Resignation in Goad ,Stand, tnaa. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period, up to four (4) weeks, for a specific reason, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 Constructive: ResLOgnation. A constructive resignation occurs and is effective when. a. An employee has been absent from duty for five (5) consecutive working days without leave; and b. five (b) more consecutive working days have elapsed without response by the employee after the SEW535 R&F - 126 9999-2005 MOU S9CTION 22 RESIGNATIONS mailing of notice of resignation by the appointing authority to the employee at the employee's last known address. . .E #. i .nation. A resignation is effective when delivered or spoken to I the ap oir tin authority, operative either on that date or another date specified 22.4 Rev cation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority, except that an oral resignation rescinded in writing by the end of the workday following the oral resignation will be accepted by the appointing authority. 22 r + + rCGt 2esg'na�rons. Y �Y .riYY �YY�glirYl�I.itIIM.�.OY� A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within zseven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignatfon was coerced, it shall be revoked and the employee returned to duty effective on the clay following the appointing authority's acknowledgment without loss of seniority or pay. SEW 535 R&F - 127'- 1999-2005 MOU SECTION 23-DISMISSAL, StlSPENSION& P4WPTION C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24 Grievance Procedure of the MOU beginning with Step C. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages.: SECTION 23 - DISMISSAL SUSPENSION & DEMOTION 23.1 Sufficient Caine for #ctlon. The appointing authority may dismiss, suspend or demote any employee for cause. The following are sufficient causes for such action; the dist is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those specifically mentioned: SEW 535 R&F - 128 1999-2605 MOU SECTION 23- DISMISSAL SUSPENSIO & r� ' I�TlQ�11 a. absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to brim the merit system into disrepute, d. disorderly conduct, e. incompetence or inefficiency, f. insubordination, 9. 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 promises, h. neglect of ditty, i.e.' non-performance of assigned ._ responsibilities i. . negligent or willful damage to puplip property or waste of pudic supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or Department Heed, k. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, SEW 535 R&F . 129 - 1999-2405 MOU SECTION 23- DIS ISSAL, !��ON& I. material and intentional rnisr presentation or concealment of any fact in connection with obtaining employment, M. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness: q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Renu rements, Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days, or demote an employee, the appointing authority shall cause to be served,' either personally or by certified snail, on the SEW 535 R&F - 130 - 1999-2005 MOU SECTION23-MO S employee, a Notice ofl 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 hes violated a rule or regulation of the County, department or district, a copy of said rule shall be I included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. e. A statement that the employee Inas seven (7) calendar days to respond to the appointing authority either orally or in writing. pp c ye onse . The employee upon whom a C�otice o Proposed Action has been served shall have seven (7) calendardays to respond to the appointing authority either orally or in writing before the proposed action rney be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employees response isnot filed within sever ( ) days or any extension, the right to respond is Inst. , .cave Pen01in E m- allovee fes once. Pending response to a Notice of Proposed action 'within the first SEW 535 R&F - 13'! - 1999-2005 MOU .................................................. ....................................................................................................................................................... ........... ........... ..................... .................. .............................. .......... SECTION.P -:01SAOSAL.. $V$P9NS":& DEM017O1F seven: (7) days, the appointing authority for cause specified, in writing may place the employee on temporary: leave of absence,, with pay. 23.4 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit. Board. 23.5 Procedure on Dismissal, Suspension or Disciplinary Demotion. A. In any disciplinary action to dismJss, suspend, or demote an employee having permanent status in a position in the merit system, after: having complied with the Provisions of Section 212, where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, or demotion shall be -filed with the Director of Human Resources, showing by whom .and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail y to the employeet last known mailing address. The order shall be eftctive either upon personal service or deposit in the U. S. Postal Service, C. Employee Appeals From Order. The employee may appeal an order of diSm issa,l, suspension or SEW 535 R&F - 132 - 1999-2005 MOU SECTION V:&GRIEVANCE PROCEDURE demotion either to the Merit Beard or through the procedures of Section 24 - Grievance procedure of this MOU provided that such. . appeal is filed in Writing with the Human Resources Dir ctor within ten (1 o) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 24 of this OU. 23.6 Emalwee Representation Riahts. The County rIY111r.Ir�mii.IllYlif�f Wi�1 recognizes an employee's riga to representation during any disciplinary interview or meeting which may result in discipline. The County will not interfere with the representative's right to assist an employee to clarify the facts during the interview. 9cT o 24`-,GRIEVANCE PRODtJRE 24.1 Qe�i It onnand ProceduralSteps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Union may represent the grievant at any state of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the grievant claims to have grievance and shall be processed in the following manner: SEW 535 R&F - 133 1999-2005 MOU SECTION 24 - GRIEVAN'CE PROCEQUl2E a. Step 11 . Any emr)!Ibyee or group of employees who believe that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meetwith the grievant within five (5) days of receipt of a written request to hold such meeting. If the issue is not resolved, the procedures hereinafter may be invoked. b. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing within ten (10) work days to such management official as the Department lead may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied haw misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress the grievant seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the grievant may appeal in writing within ten (10) work days to the Human Resources Director. The Human Resources Director or his or her designee shall have twenty (20) work days i which to investigate the merit of the complaint and SEW 535 R&F - 134 - 1999-2005 MOU to meet with 'the Department plead and the grievant and attempt to settlez the grievance and 7respond in writing. d. Step4. No Grievance may be processed under this Section which has not first been Bled and investigated in accordance with Step 3 above and died within ten (1 u) work days of the 'written response of the Human Resources Director or designee. If the parties are unable to mach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOM, such grievance shell be submitted in writing to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of �rvhom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of ani organization employed to represent the County in the meeting and conferring process. where the parties agree, the AdJustment7 Board may be comprised of two (2) Union representatives and two (2) County representatives, The Adjustment Board shall meet within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be convened, the County will convene an Adjustment Board within ten (1 0) work days or the SEW 536 R F - 135 - 1999-2005 MOU SECTION 24 - GRIEVANCE PROCEDURE grievance will move to arbitration upon demand. This step of the grievance procedure may be waived by the written mutual agreement of the parties. e. Step 5. if an Adjustment Board is unable to arrive at a majority decision, either the grievant or the County may require that the grievance be referred to an unpartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty {20) work days of the rendering of the Adjustment Beard decision. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty ( Q) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the oasts of its awn presentation, including preparation and post-hearing briefs, if any. 24.2 Scope of Adiustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall' be final and 20D5 MQU SEW 535'R&F - 136 - '1999 binding on the parties hereto, to the extent permitted by aw. B. No Adjustment Beard and no arbitrator shell entertain, hear= decide dr rake recommendations on any dispute unless such dispute involves a position ina unit represented by the Union which has been certified as, the recognized employee organization for such unit and unless such dispute falls within the definition of a. grievance asset forth in Subsection 24. above. C. Proposals to add to. or change this MOU or to change written agreements supplementary hereto shall not be, arbitrable and no proposal to modify, amend, or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOM or written a reernents supplementary hereto or to establish any new terms or conditions of e nployment. D. [f the Duman Resources Director in pursuance of the procedures outlined in Subsection 24.1 .c above, or the Adjustment Board in pursuance of the provisions of Subsection 24.1 .D above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. SE1U 535 R&F - 137 - 1999.2005 MOU SECTION 24-:GRIEVANCE PRf)CEUUIRE E. No change in this Moth or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union` or Association. 24.3 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time 1imits specified in Steps 1 through '3 above, the grievance W11 autornatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 24.4 Compensation Com: ai=. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which' allege that employees are not being compensated in accordance with the provisions of this MOO shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU wh1ch results from such meeting; and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than tw (2) years from the date upon which the complaint was fled. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration SEW 535 R&F 138'- 1999-2405 MOU proceedings hereunder) will be recognized unless agreed to by the county and the Union. 24.E trke. Curing the term of this Itll'"" U, the Union, its members and representatives, agree that it and they will not epgae in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickou , or refuse to perforin customary duties In the case of a legally declared lawful strike against a private or public sector employer which hes been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further 'that, an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perforin such duties might cause or aggravate a danger to public health or safety. 24.E Merit Board. A All grievances of employees in representation wits represented----by the Union shall be processed under Section 24 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B No action under Paragraph C, Q and E of Subsection 24.1 above shall be taken if action on the complaint or grievance has been taken by the SEW 535 R&F - 139 • 1999-2005 MOM SECTION 25-BILIN UAL PROWSIONS Merit Board, or if the complaint or grievance is pending before the Merit Board. 24.7 Fi1�by, J , The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Beard of Supervisors violates a provision of this MOU. 24.8 Union Notification. An official with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union in the grievance, shah give the Union a copy of the grievance. SECTION 25 - BILINGUAL. PROVISION 25.1 Salary Differential. A salary differential of seventy dollars ($70) per month shall be paid incumbents of positions requiring bilingual proficiency as designatedby the appointing authority and Director of Human Resources, or in the Department of Employment & Human Services, to those who translate in accordance with the designated criteria of one (1 ) day per week or twenty percent (20%) of the time or whose caseloads are twenty-five percent ( 5°f ) or more non- English speaking. Said differential shall be prorated for employees'working less than full tune and/or who are on an unpaid leave of absence for a portion of any given month. Designation of positions for which bilingual proficiency is required is the sole pr rogative of the County. SEW 535 - 140 -- 1'40 1999-2005 MOU SECT`toN 26 w R'ETW�T CONTRMUTION Effecti" October 1 , 2000 the current program differential shall be increased to a total of seventy five dollars ($?'5) per month. Effective October 1 2001, the differential shall be increased to a total of eighty dollars ($80).per month. 25.2 Spanish N2t ces cif Action. The County shall au7 �1p1 l Lice nM implement Spanish Notices of Action. I - ra . 01 Oadas For the employees with twenty-„five (25%) or mare non-English speaking caseloads, thein caseload shall be reduced by ten percent 0%). e c o4- 6 MR `I M., 9NT 0ONTRIOUTION 26.1 Co tribut*ion. Pursuant to Government Code ,Section 81581 .1 , the County will continue to pay fifty percent (50%) of the retirement normally required of employees. Such7 paymentsshell continue for the duration of this M and shall termlriate thereafter. Employees shall be responsible for paymentof the employees' contribution for the retirement cast of living program as determined by :the Board of Retirement of the Contra Costa County employees' Retirement Association without thel County paying any part of the employees share. The County will pay the remaining one-half of the retirement cost-of-living program contribution. The wage and retirement benefit provision for safety employees represented by SEIU Local 585 expire September 80, 2006. SEIU 535 R&F - 141 - 1999-2005 MMU SECTION 26- RETIREMENT G©NT"YT1411t 2 .2 Tier 1111, Retirement ' . Subject to the enactment of enabling legislation amending the 1 g3 Employees' Retirement Act to allow such election, the County will permit certain Tier Il employees to elect a Tier III Retirement Plan under the following conditions. 1 The County and the Labor Coalition must agree on the warding of the legislation and both parties must support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier II'I, from and after the date of implementation, shall be the same as"Tier I. The disability benefits for Tier III shall b the same as the current Tier II disability provisions. 3. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee'sace at entry into the retirement system. 4. Employees represented by the Labor Coalition and. its member employee organizations (herein referred to as Labor Coalition), enrolled in Tier l who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one time irrevocable election of the Tier 111 Retirement Plan SEW 535'R&F - 142 . 9999-2005 MOU orio 20 RETIRE Mr,CONTRIBUTION expressed herein subject to action by the Beard of up+ rvisors irnpiement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier ll who have attained five (5) years of retirement credited service shall have a ninety (99) day pe iod to male a .one time irrevocable election of the Tier 111 Retirement Plan expressed herein. 5. e. The County"s employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier. 111 which exceed those which would be required= for Tier 11 membership shad: 1 . be funded by reducing t the general wage increase agreed upon to be effective October 1 , 1997:,. and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's gage obligation by three ( ) million' dollars per:; year;z and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and 2. in the event the County's costs attributable to the7 creation and operation of Tier 111 exceed million per year or the County Employees' Retirement rement Association's actuaries determine in future years that the County's retirement SEW 536 R&F - 143 - 1999-2005 MOU SECTION 26- RETIREMENT cONT"UTIQN costs have 'increased and that the increase is attributable o the creation of Tier l 1I and/or the impact of Tier I I I on the County's retirementcosts, such increase shall be funded by reducing the general wage increases) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and, 3. in the event the County's costs attributable to the Tier III Retirement Plan are less than 3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount 'equal to the County's common pooled fund' Interest which would have accrued if one twelfth had been invested In the first month of the past year, two twelfths in the second month of the past year and so forth; and, 4 any savings to the County resulting from the creation and operation of Tier iii shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier 111; and SEW535 R&F - 144 1999-2405 MOU SECTION 26-RETIRFMONT CONTRIBUTION 5. County. Savings shall be held ; in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition on a) the beginning account balance, b) the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan, and d) the ending account balance. b. Any increased casts to the County, due to Tier II I participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition.' c.. Subject to the provisions expressed above, any and all additional employer and County- paid employee contributions which exceed the sum of the County's Iegally rewired contributions under Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. SEW 535 R&F - 145 - 1999-2005 MOU SECTION'2S - RETIREMENT C0NMMVjtgN 6. a. The enabling legislation shall provide that the Tier III Retirement Pian may be implemented only by an ordinance enacted by the Board of Supervisors. b. Beard of Supervisors' action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor'Coalition has not notified the County in writing that a one percent (I%) wage increase shall be implemented by the County effective October 1 , 1997, without interest, in lieu of implementationof the Tier III Retirement Plan. 7. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employees' Retirement Association. 8. In the went the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (1 %) lump sum wage increase shall be SEW 535'R&F - 146 1999-2005 MOU SECTION 27- TRAININGAEMBURSEMENT iM emente by the County within sixty ( ) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated and all employees in Tier 2 of the retirement ent plan shall be placed in Tier 3. Employees in Tier 2 with ten (1 ) or more years of County/District service, will be eligible to participate in the +aunty's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows: 1 Employee buys baby two 2j years, County will buy back one (1) year for a total of three (3) years of buyback. 2 Employee buys back four (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3 Employee bays back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. SECTION 7 TRAINING. MMBURSEME T The Department of Employment & Human Services shall establish an annually renewable training reimbursement fund' in the amount of $10,000 for the exclusive purpose of reimbursing employees 'covered by this agreement for the SEW 535 R&F - 147 1999-2005 MOU SECTION 27- TRAINING p'gpii ST cost of tuition, fees, books, and other employee expenses incurred in the pursuit of work related education, continuing education, or work related graduate degree. In the Department of Employment Duman Services said fund shall replace the career development trainingf reimbursement described in the County Administrative Bulletin on Training. Career development training reimbursement for employees in the Health Services Department shah continue to be governed by the County Administrative Bulletin on Training which limits such reimbursement to six hundred fifty dollars ($650) :per year. Registration and tuition fees for career development education may be reimbursed for up to fifty percent (50%) of the employee's net cast. Books necessary for courses taken for career development education may be reimbursed; for up to one hundred percent (100%) of the employee's net cost. Those employees entering the Social Casework Assistant classification by the substitution pattern in the minimum qualifications shall be entitled to direct benefit tuition reimbursement under the County training reimbursement policy. Such employees requesting a leave of absence or permanent part-time positions for the purpose of completing a bachelor's degree shall be given priority consideration by the Department. Reimbursement under the above limits for the cost of books for career development shall be allocable. SEW 535 R&F - 148 - 1999.2005 MOM SECTION 28 MILEAGE Effective Flay, 1 , 1992 tete mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rage on the date i becomes effective or, the first of the month nth following annoIuncement of the changed rate' by the Internal Revenue'Service, whichever is later. i C 2 1 �1411i �MIR�/IIA�IA�AA�� li L "FE A11MUT PAY All employees represented by Local 535 shall be granted ten ( 10 days respite leave without pay per fiscal year. Such ch leave shall be taken in increments of one (1 ). full day (eight hp urs) and shall be requested in writing. Conflicting requests for respite leave shall be resolved by the Department plead or designee with preference given to employees according to their seniority in the department, as reasonably as passible. Any balance in the ten (10) days respite leave which remains at the end of the fiscal year shall not be carried over into the next fiscal year. Ec o l „H AL `H MIE IN VTA . Employees represented by Social Services union, Local 535 who work in the Mental Health Screening Unit of county .Medical Services'shall receive a differential per hour worked a a rerniurn of five percent (5%) of the hourly equivalent of SEW 535 R&F -149 1999-2005 MOU SEC TION'31 - CONSERVATORSHIP DIFFERENTIAL the base rate; provided, however, that in the event the conditions in Mental Health Screening are improved so that hazardous conditions no longer exist, such differential will no longer be applicable. SECTION 31 - O +IS1yTtRSHI.P DIFFERENTIAL The County agrees that any employee in a classification represented by Local 535 who is assigned to a position, the work function of which is in the Conservatorship Program of the Department of Employment Human Services, and the work assignment of which requires direct personal working contact on a regular doily basis with court-remanded clientele of the Conservatorship Program, as spocif ed n Division 5, Part 1, Chapter 3 of the Welfare :& Institutions Code, shall receive a differential per hour worked at a premium of five percent (5%) of the hourly equivalent of the base rate while in pay status including paid vacation, paid sick leave, and paid holidays. SECTION 32 - NOTICE of N.M MPLOYEES The County agrees to periodically mail to Social Services Union, Local 535,,.a list of names, classifications, and the designation of permanent employment category of new employees appointed to classifications represented by Local 535. Said periodic fist w ill be mailed within the first five (5) working days of every month. SEW 535'R&F' 154 1999-2045 MQU SECTION,U-EEMQNNEL ACTIONS Sgi T od 33 - PER o�N ACT ON 33111 Personnel Files. A. Inspection. Each employee, or an employee's representative so designated by written authorization of the employee, shall have the right to inspect and review the employee's personnel file upon request at reasonable times and for reasonable periods during the regular business hours of the County. B. Documentation in the personnel file relating to the investigation of a possible criminal offense, medical records and information or letters of reference shall be specifically excluded frorn such inspection and review. C. Preemployment reference material shall be removed from the personnel file after one (1') Year of continuous employment with the County. D. Medical records may be released to qualified medical authorities upon execution of a written release by the employee and with the concurrence of the County's medical authorities. E. An employee may,request copies of other material contained in the personnel file. F. The employee shall bear the cost of the reproduction of copies. SEW 535 R&F' - '157 1999-2006 MOO SECTION 33*P fltNEL ACT` O G. The County shah afford the employee _ the opportunity to respond in writing to any information contained in their personnel file. Such response shall be included in the employee's personnel file. H. The Department shall maintain only one official personnel file 33.2 Cou.n �ing A. Whenever an employee's job performance and/or conduct becomes less than satisfactory, counseling shall be provided by the employee's first level supervisor. Such counseling shall specifically state the unsatisfactory nature of the employee's performance and/or conduct and specific ways in which the employee can bring such performance and/or Conduct up to the satisfactory level. B. Said counseling shall be provided as soon as possible after the occurrence of the less than satisfactory performance and/or conduct. No adverse action shall be taken by the County against any employee unless such counseling has been provided and time for improvement has been given. C The employee's first level supervisor shall prepare written documentation (including any applicable memos, VVI CSS I's etc.) of such counseling and provide a copy of the documentation to the employee SEW 535'R&F' - 152 1999-2045 MOO SECTIt IV 33.. PERSONW �CWQNS D. The foregoing shall not apply to probationary employees or in those cases where immediate disciplinary action is necessary. E. If, after such a counseling session has occurred between a supervisor and employee, the employee requests of the Department Personnel, Officer a meeting with a Steward/Officer: of the Union and Department representatives, such a meeting shall be held. This meeting shad be held within fifteen (1 5) working days. 33.3 A. The County shad provide the employee with copies of all performance evaluation reports and letters of reprimand or warning or counseling memos ros prior to the placement of such documents in the employee's departmental personnel file. B. A counseling memo placed in an employee's departmental personnel file which is not referenced in the employee's subsequent; performance evaluation shall be removed fr= the employee's departmental personnel file upon the written request of the employee. If an employee is not evaluated when an annual performance is due, the employee may request through the Department Personnel Officer that a performance evaluation be completed. If an employee has not had a performance evaluation within eighteen { 8} months subsequent to a counseling memo being SEW 535 R&F - 153 - 1999-2045 MOM ............. ........... ................. ................ .......... SECTION 33 PERSONNEL ACTIONS placed in the employee's department personnel file, the counseling memo shall be: removed from the employee's:personnel file, providedthatthere has not been a subsequent counseling memo on the same subject in that period of time. C. Upon written request of the employee., copies of warning shall be:sent to the letters of reprimand or wa Union. 33.4 Performance Evaluation. The purpose of a performance evaluation for an employee is to measure the employee's performance against the job specifications and performance requirements of the position that the incumbent is filling. It answers the questions of how well an employee is doing',in meeting the department's performance, standards for this job. It satisfies a basic requirement for the employee to know where she/he stands:with the organization in regard to his/her performance. It del neates areas of strengths and weaknesses. Where performance is below standard, it suggests possible ways of making improvemen During the probationary period, theperformance evaluation is used as last phase of an individual's examination � process. Probationary employees receive apre.liminary evaluation at the end of three (3) months, and a final evaluation after:their fifth (5th) month of pro tion ba An overall rating of STANDARD must be received on the final probationary evaluation :in order for the employee to achieve permanent status. SEW 536 R&F - 154 - 1999-2005 MOO ACTIONS Once an employee achieves permanent status, the employee`s performance is evaluated at feast once a year. Additional evaluations may be made between these reguifed evaluations as necessary. Evaluations will also be made when an employee or supervisor terminates, or when an employee or supervisor is reassigned to another unit and more than four (4) months have elapsed since the list written evaluation. In the event a permanent employee receives an overall rating of BELOW STANDARD, such employee must be reevaluated within three ( ) months following the date of the report. if the employee shows no significant improvement at the end of this period, a recommendation for demotion or dismissal will be made. However, if at the end of three months, there has been improvement but the employee's performance is still'not at a STANDARD level, the employee may be given two (2) additional three-month periods to meet the 'standards if the -supervisor agrees these standards will be reached during this period. The work performance of each employee is to be rated on all of the rating factors on the appropriate fora. Each of these factors has been found to be of critical importance in determining successful jab performance for employees. Individual rating factors and overall ratings of BELOW STANDARD must be substantiated in the Comments section, as well as suggestions or piens for improved performance in these areas. SEW 535 RBF - 155 - 1999-2005 If OU SEC TION 33- t" R'SQN�VEL,i4 T�QJ#t' If some significant aspect of performance is above the level indicated by the factor rating, this may be pointed out by a statement in the Comments section to the employee. The Rater will discuss the report with the employee and provide the employee with a copy at that time if the employee wishes to discuss the report with the Reviewer. In signing the report, the employee is merely acknowledging having seen the report; it does not indicate agreement. DEFINITIONS OF RATIN S: A factor rating of STAISIDA RD: means that this part of the employee's work performance is consistently up to the level expected of a competent worker in the position. An overall rating of STANDARD means that the employee's work performance is acceptable and will result, -where pertinent, in receipt of salary incrernent, promotion, or permanent status. A factor rating of BELOW STANDARD means that this part of the errlploype's work performance is frequently below the level of a competent worker in the position and that effort should be made to improve. An overall rating of BELOW STANDARD means the employee's work performance is inadequate and may result in the loss or defy of the salary increment, +demotion, dismissal, or rejection on probation. APPEAL PROCEDURE. If an employee believes his/her rating is improper, he/she should discuss i with the Rater. If still not satisfied, the employee should sign the report and place an "X" in the space ;provided by his/her signature to indicate he/she wishes to discuss the report with the Reviewer (the Social Service Division Manager). Within five SEW 535 R&F - 156 - 1999-2005 MOM SEC!"34- SAMI Y PROGRA T (b) calendar days after being given a copy of the Report f Performance Evaluation, an employee who wishes consideration in addition to the qt is evaluation should prepare a written statement to the Reviewer as follows- ) Identify the report by stating the date of the report, the name of the Rater, and the date the report was received; 2) Specify the ratings car comments which he/she believes are incorrect and should be changed, 3) Give facts substantiating the requested changes to these ratings or comments; 4) Keep a copy of the written request and send the original to the Reviewer,, Upon receiving the written statement, the Reviewer grill have five ( ) calendar days to meet with the emplca ee to consider the employees comments and to respond in writing. The Reviewer's response shall be given to the employee. A copy of the Reviewer's response along with the employee's written statement shall he attachedto the Report of Performance Evaluation. Failure to allow the foregoing procedure is Subject to the grievance procedure. However, disputes over the actual content or ratings themselves in individual evaluations are not cgrievable. SECTION 34 - SAFETY PROGRAM-. Health and safety standards shall be maintained in all County facilities to a maximum degree consistent with the conduct of efficient operations. The Department of Employment & Hinman Services shall operate a department-wide employee health and safety program. This program shall consist of: SEW 535 R&F - 157 -- 1999-2005 MOU RAFETY PRO a. A central department Safety Committee corrlprised of one ( ) member appointed by Local 535 from each major building location, one (1 ) management employee who shall be the Building Manager for that location and other a pioyee organization representatives, and the Department Personnel Officer, or designee. The Department Personnel Officer, or designee, will erre as chairperson. The committee shall meet every six (5) weeks. In the event that the appointed person is not available to chair the meeting on the scheduled date, an alternative chair will be appointed by the Personnel Officer or the meeting will be rescheduledwithin three (3) weeks unless mutually waived by the Union and the Department. Minutes of each meeting shall be recorded and distributed to each committee member. b. Al! Committee members will receive training on a) accident/injury reporting procedures, b) accident/injury investigation and prevention, c) safety awareness, and d) procedures by which safety concerns are handled.' C. Committee recommendations shall be reported to and reviewed by the Department Head. Rosponsos to such recommendations shall be communicated to the Safety Committee at its next regularly scheduled meeting or some other mutually agreeable period. SEIU 535:R&F 158 1999-2005 MOU SE T't)l 35-FL.E IBL,E STAFFING 35 .1 l esic hated Positi+�ns, Certain positions may be riri�r,ri ui�r designated by the Human Resources Director as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meats the mini nurn qualifications for the next higher level and has met appropriate competitive requirements he/she may then be promoted to the next higher classification within the job series without need of a classification study, The following job classifications are flexibly staffed: Social Casework Specialist I to Social Casework Specialist 11 Eligibility Marker I to Eligibility Worker 11 Eligibility Wdrker ll to Eligibility Work Specialist open examinations at either level in the above mentioned classifications shall be administered upon the request of the Department Head and approval of the Director of Duman Resources. 35.2 .ont nuc u.s stin far Fle 1:blv,,Staffed 0f ss►es, Employees in a flexible staffed job series which have been determined by the Director of Human Resources as appropriate for continuous testing may apply for promotion to the next_. higher Classification level as follows: Applicants must file the regular Human Resources Department Application for Examination Form and where applicable, the appropriate supplemental questionnaire with SEIU 535 R&F - 159 1999-2005 MOU SECTION 35-FLEXIBLE STAFFING the Human Resources Department, The first 1=riday in each month is the filing deadline for any candidate who meets the minimum qualifications at any time during that month. The names of accepted applicants gillbe pJaced on the eligible list by the first working' day of the following month. Employees who file applications must notify their supervisor and their departmental' personnel officer. Nothing contained in this section shall be construed as making a promotion automatic or automatically effective on the first of the month following the filing of an application. It is the responsibility Of the Department that wishes to promote employees in flexibly staffed positions to submit a personnel request (certification request) prior to the first day of the month in which'the wish to promote the employee. Personnel requests for promotion of employees to become effective' on the first of the month must be in the Human Resources Department by the last working day of the prior month. it is the employee's responsibility to submit applications for promotion sufficiently in advance to assure receipt in the Human Resources Office by the first Friday of the month in which they become eligible for promotion. If an error occurs in the Human Resources Department which causes a delay in the processing of an application, said error shad be corrected and the employee Shall be placed on the eligible list retroactively to the first of the month following his/her eligibility. If an operating; department verifies in writing the intent to promote an employee on the first of the month following SEW 535`R&F 160 1999-2005 MOU SE 36 W!CAREER LAODSR eliibiltyr, said appointment shad be read r'eroactive to the first of,the month following his/her eligibility. SECT ON 36 -,gAR 0111111 R The county agrees to the concept of a career ladder which will. enhance the opportunities for employees to: attain positions in other classification series. For this purpose, the following classes are considered to be those classes representing such promotional opportunities. eligibility 1lvbr Specialist, Social Service Program Assistant, Social Casework Assistant. The county shall amend the Welfare Fraud Classification as follows. a. By reclassifying Social Service Welfare Fraud Investigators doing Early Fraud! to "Social Service welfare Fraud Field Investigators." b. Welfare Fraud Field Invest gators shall have the option of carrying pepper spray. C. Social Service Welfare Freud Investigators shall receive the same rate of pay as Social Service Welfare Fraud f=ield Investigators,. SEW 535 R&r: 16'r = 1999-2005 MOO SECTION 37-STAFVgNG ALLOCAiTPN'S & WORKLOAfl pI$P BiITLC?N DISTRIBUTION 37.1 Quarterly Review. The Department of Employment & Human Services shall review the amount end nature of work in its operating units on a quarterly basis and shall initiate reassignments of employees necessary to balance the number of available employees in each classifibation with the existing and expected amount and nature of work in operating units throughout the Department. The process to be used in determining work assignment and volume shall be to balance the existing amount of work among existing staff, in accordance with applicable sections of this IVIOU. .37,2 Depa tment/ nlon l to ritly Meetlna. There shall be a meeting between the Department of Employment & Human Services and the /Union every month to review and discuss the existing amount and 'nature of work; to share information and ideas on workload issues throughout the Department; and to-discuss long-range planning concerning Department programs and implementation. The meeting will be chaired by the Director or his/her designee. 37,3 Labor-Management Team. The expanded Labor Management Team, consisting of designees ' from all represented ernployea organizations in the Department of Employment & Human Services, and management staff appointed by the Director, shall continue through the end of this current agreement, and may continue thereafter if mutually agreed by the parties. The process, as outlined SEW 535 R&F - 1621999 005 o J+ �.�t��7"l�1V5 � IKLC�►A1�t3lS1`��St��"lAl herein, and as outlined in the 993 Pilot Agreement, shall also continue. Matters concerning increases or decreases in the relative level of work assigned to employees covered by this agreement shall be brought for consideration to :the Labor- Management Team, after first being addressed in the respective Program Committee(s), if applicable, The Labor- management a or- mana ernent Team will review the matter at the next scheduled meeting and will endeavor to reach consensus and make a determination by its next regularly scheduled meeting. if the committee is unable to reach a consensus as to a proposed workload adjustment, the natter will be, referred to the Director for decision. The Union may then ret uest a special meeting with the Director to be held within seven' (7) working days of the last workload meeting, in order to directly provide input related to a workload adjustment. The currently implemented 'Mork. Group Deports shall continue unless modified by consensus of the Labor- Management Team. Either party may request a discussion on modifications or elimination of the Work croup Deports noearlier than three months after the signing of this agreement. 37.4 PQMMm . It will be the ongoing expectation and process that program specific issues shall in most cases be first addressed in a timely manner in the respective Program Committees} before becoming a topic for discussion in the Labor-Management Team. Topics for discussion in Program committees include potential program/regulation changes, information regarding new SEW 536 R&F - 163 - 1999-2095 MOU SECTION 37- STAMW AL.LOA. fC S d Ir1/01 1+tt0�4L t7►1ST "l8tl "1C procedures, forms, and Other factors or changes in procedures which may have an impact on workload. Any items declined by the Program Committee for discussion/action will be listed in the minutes.' Program Committees shall meet monthly, unless a meeting is waived by the Director Or his/her designee, and written minutes shall be furnished to the Labor-Management Team members on a timely basis. Such minutes should clearly identify issues and program committee actions. If the minutes do not reflect a resolution or response to pending issues within the time frames for response, the Union may specifically request an immediate written response from the appropriate Bureau Director. Program Committees will work within the appropriate chain of command in managing committee work and agendas expeditiously. If the Program Committee does not reach ' resolution acceptable' to the parties within 'forty-five (45) days, the appropriate Assistant Director shall have twenty (20) days to resolve the matter. Such resolution shall be transmitted to the Committee'and Union in writing. Pailing resolution, either party may submit such matters to the Labor-Management Team 37#5 MeetingMinutes. Summary minutes shall be kept for each Program Committee and Labor Management Team meeting and shall be distributed to all' committee members prier to the next meeting. These minutes shall be posted in each Department of Employment & HumanServices building by the Department'. SEW 535'R&F' 164 1999-2005 MOU 7.6 MIrki oac 3ttelmll. alinga. The Union shall quarterly identify functions, procedures, and processes which it believes are unnecessary and that should b discontinued as a means of streamlining workload.' If the items identified are County mandated only, the Department has sixty g days to respond by discontinuing the. process or provide the reasoning for continuing them. If,the items identified are Mate or Federally undated, and the Department considers it feasible that they be discontinued, the Department will request appropriate waivers. if the Department does not believe the change or a waiver is fusible, it will provide the reasoning for continuing. Capon receipt of the requested waiver approvals, the process shall be discontinued. 37.7 11 aintenance of i 'asittnns The Department of Employment & Human Services will make all reasonable efforts to keep filled all budgeted and authorized positions and to the extent jos ible will attempt to ma it ize the use of permanent employees. SEC70.0 - STAFFIM a ALLOCATIONS & RASIONMEMT On the basis of the monthly staffing/workload distribution reviews per, Section 37 — Staffinacation & workload Distribution, the Department shall initiate reassignments of staff. SEW 535 RAF 1999-2005 MOU SECTION 38 -:.STAFFING ALLOCATIONS & REASSIGNMENTS The following procedure shall be used a. Internal moves within a building shall be made at the discretion of the Division Head within five ( days following publication and Union receipt of Department staff and caseload allocations. In determining moves of employee within an office, managers will solicit volunteers if no volunteers respond, the employee with the least series seniority, within the unit/areaidentified will be moved. b. Authorized staffing levels shall bepublished on a monthly basis. After any internal moves in a building have been made in accordance with Step a, further vacant authorized positions in buildings shall be alternately bid to the appropriate class in all offices for a four-day, period or, certed from the appropriate Eligible List. C. Employees responding to bids shall respond to the Department Personnel Unit, and must confirm any verbal response in writing; written confirmation must be received by 5.00 p. . on the day the bid closes for the empoyeo tobe considered in determining the five (5) most senior employees in the class. d. With respect to responding to bids far the Welfare Fraud Investigator class or Welfare Fraud Field SEW 535 R&F` - 166 - 9 969-2005 MOU GNMEMS Investigator class, + bidding will restricted to employees in one of the two above classes. e. If the Department is at authorized staffing and there are no responses to the Posted bid notice, the least senior employee withinthel class, within the building having staff oVerage(s) of at least one l ) l=TE shall be reassigned withintwo ( )weeks of the closing of the bid. If the Department i below the authorized staffing level and there are no responses' to the posted bid notice, the: Department will cert from the appropriate Eligible List f. Authorized vacancies resulting from the bid process shall au omatic;ally be certed from an appropriate eligible list. g. Persons involuntarily reassigned shall be given the Opportunity to return to their former buildina when the first vacancy occurs in the building from which the employee was involuntarily transferred provided however, if an employee voluntarily transfers- after such involuntary transfer that employe-e shall lose such reversionary right . h. Positions flagged as needing a language skill or special qualifications shall be identified on bids. Only employees having such shill or meeting such qualifications shell be accepted forbid interviews or for mandatory reassignments as provided in this section. SEW 536 R&F - 167- 1°999-2005 MOU SEC TION 38-STAFF/NG ALLt)CAToS ,' 14'EASSl�IV/VIENTS LSpecially funded assignments or assignments of limited duration shall not bef subject to procedures in this Section. Reassignments shall not be used as a replacement for discipline. Employees on probation or in an Improvement Deeded Review status shell not be reassigned. An employee Who is reassigned out of seniority-order shall be offered the firsta:ancy tc be filled in the class and building from which the employee eras mandatorily reassigned. At the next quarterly staffing review an employee mandatorily reassigned out-of-seniority-order shall be given first opportunity for reassignment as provided in Section 37.E Department) nion Monthly fleeting or Section 37.3 — Labor/Management Team, whichever is applicable; or if no staffing imbalances exist, the most senior employee shall be offered the opportunity to exchange positions 'provided the lust senior enployee is no lunger on probation or Improvement. deeded Review status k. In each classification, series seniority for reassignment purposes shall be determined by date of hire into that series as defined below: Elia [bility Series: Eligibility " Vcrker I, Eligibility Worker II, Eligibility fork Specialist, Social Work Series: Social Program Assistant, Social Worker ll Social Worker III, Vocational Counselor (classes which have been abandoned SEW 835'R&F - 168 - 1999-2005 MOU SECTION 39-14E`tMBiJ'R6�T FOR MEAL. EXPENSE but were:a part of the Social Worker or Vocational Counselor series shall be included for the purpose of determining series seniority}. Casework Specialist Series: Social Casework Assistant, Social Casework Specialist 1, Social Casework Specialist 11. Welfare Fraud Field Investigator Series: Social Service Welfare Fraud Field Investigator and Social Service Senior Welfare Fraud Field Investigator. E.-gT oN - RE�� Bu E ENT Foto MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified a. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. b. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. d. When the employee is required to incur expenses as hast for official guests of the County, work as SET 535 R&F 1999-2045 MOM SECTION 40 PERSONAL PfitOPERTY aEPWROR EA0V members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. e. When the employee is.required to work three(3) or more Fours o overtime; in this case he or she may be reimbursed in accordance with Administrative Bulletin on expense reimbursement. Meal costs will. be reirnbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on ExpenseReimbursement. SECTION 40 PER :NA1. PROPERTY REIMBURSEMENT The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee b. Ordinary wear and tear of personal property used on the job is not compensated. SEW 535 R&F - 170 - 1999-2005 MoU SECTION 40- PER, CONAL PROPERTY REIMBURSEMENT C. mployee tools or equipment provided without the express approval of the de perrnnt head and.,. automobiles are excluded from reimbursement, d. The less or damage must have occurred in the line of d uy. e. The loss or damage was not a result of negligence or lack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the ,fob. g. The loss or damage to employees eyeglasses, dentures, or other prosthetic devices did not occur simultaneously with e job connected injury covered by workers' compensation h. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shell be limited to the actual value of the item at the time of lass or damage but not more than the original cost. i. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. SEW 535 R&F 17`'f - 1999-2005 MOU SECTION 41 . LENGTH OF SERVYCE 09WTlO111'(for service awartls and vacation accruals SECTION 4'I - LENOTN +C. h SER' 'I E DIES NI 'ION fa►r Service:awards end uaca o aceruals) The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional, and permanent status,:, and absences on approved leave of absence). When an eployee 'separates from a permanent position in good standing and within two years is reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Human Resources Director shall determine these matters basad on the employee status records in his/her department. SECTION 42 - SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off, prouided, however, that the type of award given shall be at the sale discretion of the County. The following procedures shall apply with respect to service awards: Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the SEW 535 R&F - 172 - 1999-2005 MOU SECT7C311143- PERAAAI'VEW PART-Tl�#+r'E EMPLOYEE BENEFITS rrn rnrr�+r-. rrrr�.irr.riirr.rr. Board of-Supervisors to, receive his/her . Service Awards V1 hen requested by a department the Human Resources Departr�nent will make arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board 'meeting. service Award Day Off. Employees with fifteen ( ) or more years of service are entitled to take the clay cuff with pay at each five (5) year anniversary. M96 )[106N.-43 PERMAKENT PART-TIME-EMPLOYEE MDPT ' Permanent part-time employees receive ;,,,prorated vacation and-sick Dave benefits. They are eligible for health, 'dental and fife insurance benefits at corresponding premium rates providing they work at least fifty percent (54%) of full time. if the employeeworks at least fifty percent (50%) of full time, County retirement participation is also included. SE ,CTIOhj44 -..PERMANENT INTERITTENT E LOYEE BEFIT Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. E T MSM 45 -, PER�111ANENT.�;ERMITT HEALTH P'IAM'� SEW 535 R&F - 173 - 1999-2005 MOU SECTION 45•PERMA!�►�1�►T-1 45.1 A perman nt-intermittent employee may participate in the County .Group ,Health Plan Program Wholly t the employee's expense. The employee will be responsible fcr paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. 45.2 Effective one hundred and twenty (1 0) days after all Coalition Employee Organizations have signed their respective Letters of Understandirig, the follow ing bon fit: program shall be offered to permanent-intermittent employees; a. Program. The County shall offer CGW Plan A-2 at the subvention rate of sixty-four percent (6 %Q) of the cast of the premium for a single individual, to these permanent-intermittent employees who meet and maintain eligibility. b. Eligibility. Initial eligibility shall be achieved when an employee has worked three ( ) continuou months of service at an average of fifty percent (50%) time per month. In order to maintain eligibility, a permanent-intermittent employee must remain in paid status during each successive month. C. Pre-Pay. Employees who have achieved eligibility under the terms of 45.2b will pre-pay the SEW 635'R& . 174 - 1999-2005 MQU SECTIt?N - 'l t N '- ! 14;11{ ` ` T HE 1.TH F�L�IN employee's portion of the premium cost so that the effective date of enrollment begi. ns, effective the first of the month of eligibility. Employeesmust continue to pre-pay their portion of the health insurance premium in order to continue benefits. In addition, employees who meet the eligibility requirements and who have been voluntarily paying for a county group health' program shall be allowed to enroll in HP Plan A-2 without a waiting period. d. Family Coverage. Employees may elect to Purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in c. above for payment for this optional coverage. e. Ir plementa ion. There shall be a sixty (60) day Open Enrollment period with the initial date of coverage effective august 1 , 2000. Subsequent Open Enrollment periods shall be for thirty (30) days and coincide with the open enrollment period for County employees beginning in 2001 Permanent-intermittent employees who are not currently eligible, but who subsequently meet the eligibility regoirernents, shall be notified of their eligibility and shell have thirty, (30) days to decide whether or not to elect coverage under this program, f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in accordance SEW 535 R&f - 175 1999-2045 MOU SECTION 46-PRO 1/ISI�?NAI. E'MPLOYEE:BENEFITS with the procedures set forth by the Contra Costa County Health Plan. Nothing in Section 45.2 shall prevent an employee from electing health coverage under either Section 45.1 or Section 45.2 SECTION 46 - PROV1 ION L EMPLO EE BENEF ` S Previsional employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. Said provisional employees may participate in the County Group Health Plan Program wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan Program and reinstatement may only be effectuated during the annual open enrollment period.` ECT oN 4 - 1NC}E t N F C TIo[ & `E SE of COUN -Y EMPLOYEES The County shall defend and indemnify an employee against any claim or action against the employee on account of an act or omission in the scope of the employee's employment with the County in accordance with, and subject to, the SEW 535 R&F - 176 - 1999-2005 MOU provisions. of California Government Code Sections.. 825 et seq and 095'.et seq. E CTIOR 48 - IUM DI IDATtC I C EcERTI ICS N For the duration of this MOU'the following amendments to Board Resolution 8 /1165 shall apply: Section 84-12.008 - Unit Determination (a) shall be modified in the first paragraph to delete the ten percent (10%) requirement for an employee organization intervening in the unit determination process and substitUte therefore a thirty percent (30%) requirement. Section 34-12.013 - flection Procedure (b) shall be modified in the first paragraph to delete the ten percent (10%) requirement for any recognized employee organization(s) to appear on the ballet and substitute therefore a thirty percent (30%) requirement. Section 84-12.010 - Modification of Re resentation Units shall be modified in the first sentence by adding words to the effect of most recent" to the date of determination. This section shell be modified In the .second sentence to require that petitions for modification of a representation unit be filed during a period of not more than one hundred and fifty ('l 0) days nor less than one hundred and twenty (1'20) days prior to the expiration of the M U in effect.. The last sentence of this section shall be modified so that modification of a representation unit shall not negate the term of an existing SEW 535 R&F - 177 - 1999-2005 MOU SECTION49- UNFAIR LABOR PRACTICE MOU between the County and the recognized employee organization of the unit prier to the modification proceedings. Section 34-12.018 - Decertification Procedure shall be modified in the first sentence by adding words to the effect tf "mast recent" to the date of formal recognition and by requiring the petition be submitted during a period of not more than one hundred and fifty (150) days nor2 less than one hundred and twenty (1 2o) days prior to the expiration of the MOU in effect. SECTION 49 - tJNFA .l lA oR PRATE Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor`s Resolution 8111 185 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) work days frorn the date of receipt, may be heard and decided by a mutually.agreed upon: impartial third party. 49.1 R.Ong. Either the County ar the Union mayfile: an unfair labor practice against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by mutually agreed upon impartial third party, 49.2 Unfair Labor Practice - County. It is an unfair labor practice for the County to: SEW 535 R&F - 178 1999-2005 MOU S w.ION 9!L ■F4` LABOR PRA CII 1. a. interfere with, restrain or coerce erplorees in the exercise of the rights recognized.,+�r ra rated in this division; b. dominate or interfere with the formation of any employee organization or interfere with selection of majority representative; C. contribute financialsupport to any employee organization or d. refuse to meet and confer in good faith (with representatives of formally organized employee organizations on matters within.. the scope of representation), or to refuse to consult with informally recognized employee organizations on matters within the scope. of representation. 4 nL. c r Prac ice - 11Ion. t is an unfair labor practice for the Union or their representatives or members to. a. interfere with, restrain or coerce employees' in the exercise of the rights recognized or granted in this division; b. coerce, attempt to coerce or discipline any member of an organization so as to hinder or impede the performance of his duties; C. discriminate against any employee with regard to the terms or conditions of membership because of race, color, creed, sex or national origin; SEW 535 R&F - 179 - 19992005 MOU d. refuse to consult, or meet and confer ire goad faith, with management representatives on matters within the scope of representation; or e. initiate, engage in, cause, instigate, n-couracge or condone a work stoppage of any Find or 'other disruptive activities which are detrimental to the conduct of county business and services. SECTION 50 REPRESENTATfoN OF TEMPORARY EMPLOYEES 50.1 R_anit on. Social Services Union, Local 535 is the formallyrecognized employee organization far temporary employees,' not including emergency appointments and retiree temporary appointrr encs, who are employed by Contra Costa County in those classifications covered by the MOU between Social Services .Into n, Racal 535 and Contra Costa County. 502 Emergency _ Appointments. Emergency appointments as defined in Section 809 of the Personnel Management Regulations, and retiree temporary appointments as provided for in Government Cade, Section 31680. , are not covere6 by this I OU'. 50.3 Agency Shop. A. The Union agrees that it has a duty to provide fair and nondiscriminatory representation' to all SEW 535 R&F - 180 - 1999-2005 MOU SECTION 50 TATION of TEMPORARY EMPLOYEES employees in all classes in the Units for which this section Is applicable regardless of whether they are members of the Union. B All employees employed in a representation unit on or after the effective date of this MOU and continuing until the termination of the MOU, shall as a condition of employment either: 1 . Became and remain a member of the Union or; pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional, statutory, and case law, which under no circumstances shall exceed the monthly does, initiation fees and general assessments made curing the duration of this MOU. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or . do both of the fallowing; a. Execute a written declaration that the employee is a member of a bona fide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment, and SEW 535 R&F - 181 1999-2005 MOU' SECTION 50 - REPRESENTATION OF ORARY fW#OY15 b. pay a sum equal to the agency shop fee to a non-religious, non-labor, charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund Child Abuse Prevention Council and Battered 'Women's Alternative. C The Union shall provide the County with a copy of the Union's Hudson Procedure for the determination and protest of its agency shop fees. The Union shall provide a copy of said Hudson Procedure to every fee payor covered by this MOU withinone (1 ) month from the date it is ;approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by a fee payor to invoke the Union's Hudson Procedure within one month (1 ) after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee: SEW 535 R&F - 182 1999-2U051V{3U :::. SECTION 50- RETION OF TEMPORARY EMPLOYEES 50.4 A. Ternporary employees hired into a joky class representedby Social Services Union, Local 535 shall be provided through the County Human Resources Department with an Employee Authorization For Payroll Deduction card, B. If the form authorizing payroll deduction is not returned within thirty (30) calender days after notice of this agency shop fee provision, and the Union dues, agency shop fee, or charitable contribution required' under Section 2 of this Letter of Understanding are not received, the Union may in writing direct that the county withhold the agency shop fee from the employee's salary, in which case the employee's monthly salary shall be reduced' by an amount equal to the agency shop fee and the {county shall pay an equal amount.to the Union. C. The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other farms of:liability that arise out of or by reason of this Agency Shap Section, or action taken or not taken by the county under this Section. This includes, but is not limited to, the county's 'attorney fees and costs. The provisions of this section shall not be subject to the grievance procedure. D. The authorization of payroll deductions requires the employee to agree to hold the county harmless SEW 535 R&F - 183 1999-2005 MOU SUCTION 50- REPRESENTATION q TE1t l 't 11 YF +?PI,OMEL- - from L Sfrom all claims, demands, suits or other forms of liability that may arise against the County for or on account of any deduction made from the wages of such employee, 50.5 Salary. A. Temporary :Hourly Fates. For all classifications represented by the Union, the hourly rate paid temporary employees shall be the 1 .00 hourly rete calculated on the Salary Schedule by dividing the unrounded monthly salary at any step by 1 73,33. B. New;Em^pioyees. Except as otherwise permitted in deep class resolutions, temporary emplcyeeS Shall generally be appointed at the minimum step of the salary range established for the particular class to which the appointment' is made. However, the Director of Human Resources may authorize an appointing authority to make a particular temporary appointment at a Step above the minimum of the range. 50.5Salary Incrererts ' tr.�III�ir� Rage-. W1gpWr1P�1Yy1Y1111Y�Yp�I� YI0Y IIY�N iYY�YU . A. Increment Eligibility- pnd ..,,,..SaIary Review. All temporary employees shell accumulate a record of straight time hours worked for the purpose of ai salary review to determine whether the employee shall be advanced to the next higher step, or other step as specified by deepc lass resolutions, in the SEW 535 R&F - 184 - 1999-2005 MOU SECTION 50- R PRESENT'ATtON OP TEMPORARY EMPLOYEES salary range.. for the classification. Advancement to e higher step shall be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend granting the salary increment or unconditional denial of the increment, B. Frequency of. rnents. Increments within range shall not be +granted more frequently than once per every 2080 straight time hours worked by a temporary employee, C. Effective Date. Step increases resulting from an approved salary review shall be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Human resources Department. E. blew Eml2loyees. Temporary employees hired at Step 1 of the salary range for their classification will be eligible for a salary review after completion of 040 straight time hours worked; additional salary reviews will be after the cumulation of an additional 2080 straight time hours, F. No provision of this section shall be construedto snake the granting of salary increments mandatory in the County. SEW 535 R&F - 185 - 1999-2005 MOU .......... ................. SECTION.. Jia- REPRESENTATION.OF77UPO"RYEMPLOYEES 50.7 Paid Time off. A. Temporary employees shall accumulate a record of straight time hours worked. : B. Based upon the accumulation of straight time hours recorded effective the first of the month following completion of each 2080 straight time hours worked, the temporary employee shall be credited with forty (40) hours of paid time off. Forty (40) hours paid time off credit is the maximum amount an employee may have at any time. C. Use.. Paid time off (PTO) shall not be taken until credited after completion of 2080 : straight time hours worked. PTO shall be taken by an employee only with the approval of his/her supervisor. D. Paid Off at Separation. If a temporary employee terminates his/her County employment (separates from County service) the employee shall be paid all currently credited PTO hours and, in addition, shall be paid off for that portion of PTO hours earned but not yet credited on the basis of that portion of the 2080, straight time hours worked (STHW) cumulation. The formula for the earned but not credited payoff is. STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at separation. SEW 535 R&F - 186 - 1OU999-2005 M .......... r. ............... SECTION 5th- REPRESENTArIONDF TEMPORARY EMPLOYEES E. ointment to a Permanent Po If a temporary employee is appointed to a 'permanent position, the credited PTCA hours and the earned but not yet credited PTO hours, shall be converted to vacation hours and subject to the MOU provision relating to vacation. F. Healthz Benefits for Fern ora` Em Its ees. Effective one hundred and twenty (1 0) days after all Coalition Employee Organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to temporary employees: 1 . Pro ram. The County shall offer C HP Plan A- at the subvention rate of fifty percent (50%) of the cost of the premium for a single individual, to those temporary employees who meet and maintain eligibility. . Eli bili Initial eligibility shall be achieved when an employee has worked three (3) continuous months of service at an average of fifty percent (50%) time per month. In order to maintain eligibility, a temporary employee must remain in paid status a minimum of forty (40) hours during each successive month and maintain an average of fifty percent (50%) time year-to-date from the date of eligibility. . Pre-Pay. Employees who have achieved eligibility under the terms of D.2 will pre-pay SEW 535 R&F - 187 1999-2005 MOU SE TION 50.s REP 1ES ATIO O Ente�RRY E PLOY SS the employee's portion of theprem um cost so that the effective date of enrollment begins effective the first of the month of eligibility. Employees must continue to pre-pay their portion of the hea th insurance premium in order to continue, benefits. In addition, temporary employees who meet the eligibility requirements and who Dave been voluntarily paying for a County g,roup health program small be allowed to enroll in GGHP Plan A-2 without a waiting period. 4. 1=amily Coverage. Employees may elect to, purchase at their own expense, family coverage, including domestic partner, and shall follow the procedures outlined in 3. above for payment for this optional coverage. 5. Implementation. There shall be a sixty ( g) day Open Enrollment period with the initial date of coverage effective August 1 , 2000. Subsequent open Enrollment periods shall be for thirty ( g) days and coincide with the open enrollment period for County employees beginning in 2001 . Temporary employees who are not currently eligible, but ho subsequently meet the eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days to decide whether or not to elect coverage under this program. SEW 535 R&F - 188 - 1999-2005 Mou sEcrraN 5a- REPRESENTATION of TEMPO ARY EMPr.O E s 50.5 "'rcaysicsrE !, .es. social services Union, local 535 is the formally recognized employee organization for ail provisional employees appointed by the County from outside Count service in classifications covered y the MOO between the County and the Unloni Provisional employees are covered by the agency shop provisions of the MET applicable to permanent employees, with the exception that previsional employees shall not be required to pay any initiation fee or special assessment fee. 50.9 Grievance Procedure. Temporary and provisional employees covered by this Section may grieve only alleged violations of the specific 'terms and conditions specified in Section 50. 50"10 �'ositlonsi Subject to the approval and establishment of perrnanent positions by the hoard of Supervisors, if necessary, temporary employees represented by Local 535 who have worked not less than 6,000 hours in temporary employee status between January 1 1991 and July 1 , 1996 inclusive, shall be offered an appointment to such positions, subject to qualification under the Personnel Management Regulations, in the classification and department in which they currently work. Such employees shall have the option of either remaining in temporary status (not to exceed 1000 hours in a fiscal year) or being appointed to a Permanent-Intermittent, Permanent Part-time, or Permanent Full-tune positions The formula to be used to calculate the position type (full-time, part-time) for each em.Dlovee who elects appointment to a permanent7 position is the employee's total number of temporary hours worked on or after January 1 , 1991 divided by the totalnumber of Sell 535 R&F - 189 - 1999-2045 MOU SECTION 51 - DEPENDENT CARE months of service in which those temporary hours were worked. Additionally, the County agrees to meet and Confer with Local 535 concerning the future use of represented temporary employees. Upon receipt of a request by the Union, the Human Resources Department agrees to meet to discuss the issues related to continuous testing and the frequency of such testing regarding specific classifications. Effective January 1 2000, the County shall provide quarterly reports regarding temporary employees which include the following information: employee name, classification, department, mail drop 'i.D., and number of hours worked in all classifications and departments on a calendar year4o- date basis. SECTIO. N 1 CIEPENDEWlT CARE A. Dependent Care I nformation Referral Service The county will administer an #"Information & Referral Service" through the Contra Costa Child Care Council for the duration of this 11 OU. B. Dependent Care Salary Contribution' Subject to the applicable provisions of the Internal Revenue Service, employees may contribute up to $5,000 each calendar year from their salaries for SEW 535 R&F - 190 - 1999-205 MOU SECTION 52- SPECIAL STUDIES & 0THER ACTIONS approved dependent care, only eligible employees may contribute for such expenses; there is no ourlty contribution for dependent care. Reimbursements are made on a monthly basis subject to submission of itemized statements, adequate accumulation of the salary contribution, proof of payment, and applicable County adm nlstrative procedures. ECT o 5 _ sPECIA BT IE & oTH E.R ACTIONS 52.1 !fferentia s. The County and the Labor Coalition agree to establish a Labor/Management Committee comprised of five ( ) saber and Five (5) Management employees to study and recommend actions necessary to standardize payment and application of differentials including, but not limited to, proration for less then full-tune employees: the length of payment while on paid sick leave or disability; and consistency between percent-based vs, fat- payment differentials. 52.2 !a-rJe -ante Proceoure. Representatives of the County shall meet and confer with representatives of the Labor Coalition in order to develop rubs and guidelines governing the conduct and administration of Adjustment Beards. 52.3 fid► bare ani Part"TOIme Job !Qpv2rtu.nltles. The Employment and Duman Services Department and the Union agree to establish a Labor/Management Committee SEW 535 R&F W 19"1 1999-2005 MMU .......... .................... SfCTION.52-.SPECIAsnT + 4% R!g!ACYPOM 0 comprised of a maximum of three PY repre sentatives of Labor and three } representatives from Management to study and recomrn_endactionsnecessary to identify and develop potential part-time and job sharing opportunities, by September 30, 2000. 52.4 TetecomM,ILAI[nO.q Ions* The Employment and Human Services Department and.: the Union agree to establish a Task Force compelsed of representatives from the Union and representatives from the Department to identify potential positions where telecommuting could be utilized in accordance with the County sTelecommuting Policy. The Task Force will consider, but not be limited to, the following criteria: servicedelivery, coverage and - availability for participants. The Task Force shall complete its study by June 30, 2000.and submit it to the Director:of the Employment and HumanServices Department. 52.5 Reelassificatlon. TheHealth Services Department requestingC 0 the reclassification n of agrees to subMita P300: i the Public Health Social Worker posit on-s to Medical Social Worker 11. : 52.6 JQb,,classification. The County will Ae' velop a new employment focused job classifi-cation which will include the following functions: Medical Combo MediCal Intake Medical lead worker and training unit. 52.7 Ergonomics. No later than May 15, 2000, the County will submit for Coalition input revisions to ' 1 1 Administrative Bulletin'No. 42 dated April 990, and an SEW 635 R&F -2005 MOU - 192 - 1999 ............ ................ ADOPTION SECTION 53 Ergonomic Field Guide, with a goal of finalization by Jure 30, 20001.1 52.8 a e ire— entt. The County agrees that if there are amendments to State law during the term of this agreement that allow employees in the Social Casework Specialist series to be eligible for safety retirement and such amendments are adopted by Resolution of the Contra costa County -Burd f Supervisors, the County mill meet to discuss this issue. SECTION 53, - ADO TI 1 The provisions of this MOU shall be rade applicable on the dates indicated and upon approval by the Board of Supervisors. resolutions and Ordinances, where necessary, shall be prepared and adapted 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. S cT! N': 4 -:# SCOPE . CSFirrl:AG E„t MENT msND EP R-AE� ,i1TY OF PROVI"�t 54.1 IM pe of IIW Lkgre meat. Except s otherwise specifically provided herein, this NIOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the SEW 535 R&= - 193 - 1999-2005 M 3U SECTION 54- SCOPE OFA R99AWNT ANEW SEPARAB/L/TY OF P,t?OY/.S" parties in any and all matters subject to meet and confer. Neither party shall, during the terra of this MCU demand any change herein, provided that nothing herein shall prohibit the parties from changing the teras of this MOU by mutual agreement. The Union understands and agrees that the county is not obligated to meet and confer regarding wages, hours or conditions of employment during. the terra of this extended agreement, except as otherwise required by law. 54.2 Separab.1111tv of Provisicans. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall :not2 invalidate the, remaining portions hereof, and such remaining portions shall rein; in in full f6rne end effect for the duration of this MOU. r rentaut t�crs.54.3 Personsel where a specific prevision contained in a section of this MU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MCU shall prevail. It is recognized, however, that certain provisions of the Personnel Management Regulations may be supplementary to the previsions of this MCU and as such remain in full force and effect. 54.4 Duration of rAgreeme,nt. This Agreement shall ■wrrsur.ririrla.u..ra..rr..riryn. continue in full force acrd effect from October 1 1999, to and including September 30, 2005. Said Agreement shall SEW 535 R&F • '194' 1999-2006 MOU 'wd3w,. R^ vu- . SECT70N 54-SCOPE OFA'GREEMENT AND SLPARABILIrY OF PROWS1oN automatically renew from year to year thereafter unless either party dives 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. DATA ` i ---- CONTRA. COSTA COUNTY SEW LOCAL 535 RANK & FILE UNIT SEW 6351 &F - 195 - 1999.2005 MoU