HomeMy WebLinkAboutMINUTES - 01282003 - C23 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 23, 2003 by the following vote:
AYES: SUPERVISOR GIS}-TAS UILKIENAs GLOVER & DeSALINTEER
NOES- NONE
ABSENT. ONE
ABSTAIN: SLTERVISOR GERBER
Resolution No. 2€ 031 47
Subject
Adopt the Memorandum of Understanding)
with the California Nurses association �
E IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the
Memorandum of Understanding (MOU) [copy attached and included as part of this
document]ent] between Contra Costa County and the California Nurses Association s jointly
Signed by Kathy Ito, Lobar Relations Manager, and Barbara Lambarid , California
Nurses Association Labor Representative ¢ regarding economic terms and conditions for
October 1 2002 through September 30, 2005 for those classifications represented by
that employee organization.
In lieu of a retroactive pay calculation requiring special payroll processing back to
October 1, 2002, the County will make a limp sum payment to each eligible employee,
without back interest, for the months of October 1, 2002 through December 31, 2002
computed as follows-
Employee regular pay, hourly based earnings including overtime pay and other earnings computed as a percentage
^f base pay vv € be added fogether for each applicable pay period to determine appropriate pay base. This base
will be multiplied by five percent(5%).
The payment amount thus computed, will be added to the employee's February 10, 2003 paycheck where It will
be listed as"LUMP SUM PAS""and will be sub ect to repuired deductions such as taxes and r etirement.
Any employee believing there is an underpayment resulting from. this methodology exceeding fifty dollars($50.00),
may contact their DepartMent personnel officer. The Auditor-Controller's office will investigate and Issue the
additional pay, if owed, as soon as possible.
i hereby certify that this is a true and correct copy
of an acton taken arca enteredon the minutes of
the Board of Supervisors or,the date Show:
ATTESTED: January 28, 2003
JOHN S'JvEEMN, Clerk of the Board of
Supervisors and County Ad-tirilstrator
i
F✓ ,q
By, .�'' o�S.7 Ul y
Contact:Human Resources Department(Kathylto 5-1785;
cc: Labor Relations€n# t
Personnei Servlces Uni t
A editor-Con trollff,
Covsraty Counsel
Dr.Walker,Heath Services Department
Barbara Larrbarlda,CNA
MEMORANDUM OF UNDERSTANDING
BETWEEN
COUNTYCONTRA COSTA
CALIFORNIAAND
T
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Board o
Supervisors' Resolution 81/1165 and has been jointly
prepared by the parties.
The rnpl y e Relations Officer (County Administrator) is
the representative of Contra Costa County in employer-
employee relations ratters as provided in Board o
Supervisors Resolution 81/1165, Section 34-8.012,
The parties have ret and conferred in good faith
regarding wages, hours and other terms and conditions of
employment for the employees of said representation unit,
and 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 of such employees.
This MOU shall he presented to the Contra Costa County
Board of Supervisors as the joint recommendation of the
undersigned for salary and employee benefit adjustments
for the period beginning October 1 , 2002 through
September 30, 2005.
DEFINITIONS
DEFINITIONS
6ppolnUncc Department Head unless
otherwise provided by statute or ordinances
Association: California Nurses Association.
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 ft o The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
Count ; Contra Costa County.
Demotion.- The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is lower than the top step of the class
which the employee formerly occupied except as provided
for under "Transfer" or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
Director of Human Resources: The person designated
by the County Administrator to serve as the Assistant
County Administrator- hector of Human Resources.
CNA - 2 - 2402-2405 MOU
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DEFINITIONS
E s Any person whose name is on an employment or
reemployment r layoff list for a given classification=
Empl2yee: person who is an incumbent of a position or
who is on leave of absence in accordance with provisions
of this MU and whose position is held pending his/her
return.
Employment Lista A list of persons, who have been found
qualified for employment in a specific class.
Layoff List- A list of persons who have occupied positions
allocated to a class in the Merit System and who have
been involuntarily separated by layoff or displacement, or
denoted by displacement, or have voluntarily demoted in
lieu of layoff or displacement, or have transferred in lieu of
layoff or displacements
Permanent-Intermittent Position: Any position which
requires the services of ars incumbent for an indefinite
period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite
period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
CNS. - 3 - 2002-2005 MOU
DEFINITIONS
Promotion: The change of a permanent employee t
another position in a class allocated to a salary range for
which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided
for under "Transfer" or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or In
specific resolutions governing deep classes.
Position. The assigned duties and responsibilities calling
for the regular full time, part-time or intermittent
employment ent of a persona
Reallocation: The act of reassigning ars 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 % f the top step,
except as otherwise provided for in the Personnel
Management ent Regulations$ deep class resolutions or other
ordinances.
Reclassification: The act of changing the allocation of a
position by raising it to a higher class or reducing it to a
lower class on the basis of significant charges in the kind,
difficulty or responsibility of duties performed in such
position
Reemplovment List: A list of persons, who have occupied
positions allocated to any class in the merit system and,
who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel
Management Regulations governing reemployment.
CNA ® 2042®2005 MOU
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SECTION 1 -ASSOCIATION RECOGNITION
The voluntary termination f permanent
employment with the County.
Temporary . Any employment which will
require the services of ars incumbent for a limited period of
time, paid on an hourly basis, not in an allocated position
r in permanent status.
Transfer-r- °h change of ars employee who has permanent
status in a position to another position in the same class in
different department, or to another position in a class
which is allocated to a range on the salary plea that is
within five percent (5%) at top step as the class previously
occupied by the employee.
SECTION - ASSOCIATION
California Nurses Association is the formally recognized
employee organization for the Registered Nurses Unit and
such organization has been certified as such pursuant t
Chapter 34-12 of Resolution No. 81/1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of
Resolution No. 81/1165 only a majority representative may
have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its
unites
CNA - 5 - 2002-2005 MOU
SECTION 2 -ASSOCIATION SECURITY
a gene hop-
s The Association agrees that it has a duty t
provide fair and nor -discriminatory representation
to all employees in all classes in the units for
which this section is applicable regardless of
whether they are members of the Association=
B. All employees employed in the representation
unit on or after the effective date of this MOU
shall, effective as provided in Subsection I and
continuing until the termination tion f the MOU,
either:
1 . Become and remain a member of the
Association or;
a pay to the Associations an agency shop fee
in an amount which does not exceed an
amount which may be lawfully collected
under applicable constitutional, statutory,
and case law, which under no circumstances
shall exceed the monthly dues, initiation fees
and general assessments made during the
duration of this Mn It shall be the sole
responsibility of the Association to determine
an agency shop fee which meets the above
criteria; or
3, do both of the following;
CNA - 6 - 2002-2045 MO
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SECTION 2 - ASSOCIATION SECURITY
Q 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
by pay a sum equal to the agency shop fee
described in Section 2.2.13.2 to a non-
religious,
on-
r ligi s, on—labor, charitable fund
chosen by the employee from the
following charities: Family and Children's
`rust Fuad, Child Abuse Prevention
Council and Battered Women's
Alternative.
C. The Association shall provide the County with a
copy of the Association's Hudson Procedure for
the determination and protest of its agency shop
fees. The ,association shall provide a copy of said
Hudson Procedure to every fee payer covered by
this MOU within one 1 month from the date it is
approved and annually thereafter, and as a
condition to any change in the agency shop fees
Failure by an employee to invoke the
Association'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=
CNA 7 , 2002-2005 MOU
SECTION 2 -ASSOCIATION SECURI TY
Q 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 tern separation includes
transfer out of the unit, layoffs and leave o
absence with a duration of more than thirty ( Q)
days.
E. Annually, the Association shall provide the
Director of Human Resources with copies of the
financial report which the Association annually
files with the Department of Labor. Such report
shall be available to employees in the unit,
Failure to file such a report within sixty 66) days
after the completion of its annual audit, or
December 31st, whichever is later, shall result i
the termination of all agency shop fee deductions
without jeopardy to any employee, until said
report is Filed. Upon mutual agreement, this time
limit may be extended to one hundred twenty
26) days.
17Y Current Employees and New Employees.
, An employee employed in or hired into a job
class represented by the California Nurses
Association shall be provided with an
Employee Authorization for Payroll
Deduction fora by the Human Resources
Department.
CNA 2002-2005 MOu
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SECTION 2 -ASSOCIATION SECURITY
Y if the fora authorizing payroll deduction i
not returned within thirty calendar days
after notice of this agency shop fee provision
and the Association dues, agency shop fee,
initiation fee or charitable contribution
required under Section 2.2.13°3 are not
received, the Association may, in writing,
direct that the County withhold the agency
shop fee and the initiation fee from the
employee's salary, in which case the
employee's monthly salary shall be reduced
by an amount equal to the agency shop tee
and the County shall pay an equal amount to
the Association.
G. The Association shall indemnify, defend and save
the County harmless against any and all claims,
demands, suits, orders, or judgments, or other
forms of liability that arise out of or by reason of
this agency Shop Section, or action taken or not
taken by the County under this Section, This
includes but is not limited to the County's attorney
fees and costs.
H. The authorization of payroll deductions described
in Subsection F shall require the employee to
agree to hold the County harmless from 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.
CNA 1 - 2002-2405 MOU
Se' ` TIO1 2 -ASSOCIATION SECUR17Y
I4 The Human Resource Department shall furnish
complete and full list of all employees
represented by the Association as soon as
feasible after the execution of the new MOU and
shall furnish a monthly list of all new hire to the
Association thereafter.
2.3 Communicating tl y The
Association shall be allowed to use designated portions of
bulletin boards or display areas in public portions of
County buildings or in public portions of offices in which
there are employees represented by the ,Association,
provided the communications displayed have to do with
ratters within the scope of representation and further
provided that the employee organization appropriately
posts and removes the information. The department head
reserves the right to remove objectionable materials after
notification to and discussion with the Association.
Representatives of the Association, not on County time,
shall be permitted to place a supply of employee literature
t specific locations in County buildings if arranged
through the Labor Relations Manager; said
representatives may distribute employee organization
literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed
method ofdistribution are compatible with the work
environment and work in progress.
Such placement and/or distribution shall not be perforated
by ori-duty employees= The Association shall be allowed
CNA _ 10 - 2002-2005 MOU
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SECTION 2 -ASSOCIATION SECURITY
access to work locations in which it represents employees
for the following purposes:
4 to post literature on bulletin boards;
h. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
Indicated above;
da to represent an employee on a grievance, and/or
to contact an Association officer on a matter
within the scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area,
and the visit will interfere with County services.
2.4 Use of County Q The Association shall
be allowed the use of areas normally used for meeting
purposes for meetings f County employees during non-
work hours when:
b such space is available and its use by the
Association i scheduled twenty-four hours in
advance;
d4 there is no additional cost to the County;
CNA - 11 - 2002-2005 MOU
S"'E"CTION 2 - ASSOCIATION SECURITY
Ca it does not interfere with normal County
operations;
da employees in attendance are not on duty and are
not scheduled for duty;
eY the meetings are on ratters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Association shall maintain proper order at the meeting,
and see that the space is left in a clergy and orderly
The use of County equipment (other than iters normally
used in the conduct of business meetings, such as desks,
chairs, ashtrays, and blackboards) is strictly prohibited,
even though it may be present in the meeting area.
2.5 Advancet c . Che Association shall, except in
cases of emergency, have the right to reasonable notice of
any ordinance, rule, resolution or regulation directly
relating to ratters within the scope of representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with
the body considering the ratter.
The listing of an item on a public agenda, or the mailing of
a copy of a proposal at least seventy-two (7 ) hours before
the item will be heard, or the delivery of a copy of the
CNA - 12 - 2002-2005 MOU
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SECTION2 -ASSOCIATION ITY
proposal at least twenty-four ) hours before the Item will
be heard, shall constitute notice.
In cases of emergency when the Boards or 'boards and
commissions designated by the Board determines it rust
act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical
after its action,
2.6 Written Statement for New Empl,oyees. The
County will provide a written statement to each new
employee hired into a classification in any of the
bargaining units represented by the Association, that the
employee's's classification is represented by the
Association, and the name of a representative of the
Association. The County will provide the employee with a
packet of information which has been supplied by the
Association and approved by the County.
2.7 Assignment f Classes to BargalWing .
The County shall assign new classes in accordance with
the following procedures
as Initial Determination. When a new class title is
established, the Labor Relations Manager shall
review the composition of existing representation
units to determine the appropriateness of
including some or all of the employees in the new
class in one or more existing representation units,
and within a reasonable period of time shah notify
all recognized employee organizations of his/her
determination.
CNS - 13 - 2002-2005 MOU
SECTION 3 _ NO DISCRIMINATION
bR Final Determination. His/her determination s final
unless within tern ( ) days after notification cation
recognized employee organization requests in
truing to meet and confer thereon.
CG gest and Confer and OtheHe/she shall
meet and confer with each requesting
organizations and with other recognized
employee organizations where appropriate) to
seek agreement on this matter within sixty )
days after the ten ( ) day period in B. (above),
unless otherwise € utually agreed. Thereafter, the
procedures in cases of agreement and
disagreement,ent, arbitration referral and expenses,
and criteria for determination shell conform to
those in Subsections D through 1 of Section 34-
12.008 of Board of Supervisors' Resolution No.
81/1165.
CTIDISCRIMINATION
There shell be no discrimination because of race, creed,
color, national origin, sexual orientation or Association
activities against any employee or applicant for
employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State
and Federal law there shall be no discrimination because
of age. There shall be no discrimination against any
disabled person solely because of such disability unless
that disability prevents the person from meeting the
minimum standards established for the positions There
CNA - 14 - 2442-2005 MOU
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SECTION - NURSE REPRESENTATIVES
shall be no discrimination because of ;association
membership or legitimate Association activity against any
employee or applicant for employment by the County or
anyone employed by the County.
CTI 4 - NURSE REPRESENTATIVES
4.1 Attendance at Meei a Employees designated
as nurse representatives o the Association shall b
allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
az if their attendance is required by the County at a
specific meeting;
b, if their attendance is sought by a hearing body or
presentation of testimony or other reasons-,
C. if their attendance is required for meetings
scheduled at reasonable times agreeable to all
parties required for settlement of grievances filed
pursuant to Section 24 - Grievance Procedure
this Memorandum;
s if they are designated as a aurae representative
in which case they may utilize a reasonable time
at each level of the proceedings to assist an
employee to present a grievances provided the
meetings are scheduled at reasonable tunas
agreeable to all parties;
CNA - 15 . 2002-2005 MOU
SECTION 4 - NURSE REPRESEN TA TIVES
eR if they are designated as spokesperson or
representative of the Association and as such
rake representations or presentations at
meetings or hearings on wages, salaries and
working conditions; provided in each case
advance arrangements for time away from the
employee's work station or assignment are rade
with the appropriate Department Head, and the
County agency calling the meeting is responsible
for determining that the attendance of the
particular employee(s)) is required.
4.2 Association Representative. Official
representatives of the California Nurses Association 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 tanager or other management representatives
on matters within the scope of representation, provided
that the number of such representatives shall not exceed
two without prig approval of the Labor Relations
Manager, and that advance arrangements for the time
away from the work station or assignment are made with
the appropriate Department Head.
4.3 Release Time for Training. The County shall
provide the Association a maximum of two hundred forty
(240) total hours per year of release time forAssociation-
designated representatives to attend Association-
sponsored training programs. Requests for release time
shall be provided in writing to the Department and County
Personnel at least fifteen ) days in advance of the time
CNA - 16 - 20 2-2005 Mo
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SECTION 5 - SALARIES
requested, Department Heads will reasonably consider
each request and notify the affected employee whether
such request is approved within one week of receipt.
CTI - SALARIES
5.1 General Wagg Increases.
The following wage schedule is in effect for
employees represented by California Nurses
Association;
Effective 10/01/2002: 5.0% increase
Effective 10/01/2003: 3.0% increase
Effective 04/01/2004- 2.0% increase
Effective 10/01/2004: 2.0% increase
Effective 04/01/2005: 2.0% increase
it Paye Effective July , 990' employees
who have completed tern or more years of
employment nt shall receive longevity pay in the amount of
two percent 2% per month of base pay. Effective January
1 , 1992 employees who have completed fifteen or
more years of employment shall receive additional
longevity pay in the amount of two percent 2% per month
f base pay for a total of four percent %). Effective
October 1 , 2003 employees who have completed twenty
or more years of employment shall receive additional
longevity pay in the amount of two percent 2% per month
f base pay for a total of six percent %).
CNA - 17 - 2002-2005 MOU
SECTION5 - SALARIES
Pay ggulty Master Agreement. Th
County and the below listed Employee Organizations
which participated in the Pay Equity Study jointly agree t
previsions in this new Pay Equity baster Agreement
executed in May 1995.
In executing this agreement, both the County and the
participating Employee Organizations (CCCEA Leval One,
AFSCME Locals 2700 and 512, SElU 535, California
Nurses Association, Western Council of Engineers and the
Appraisers; Association) state their intent that the
provisions of the Pay Equity Master Agreement contained
herein shall stand separate from other teras and
conditions of employment which may be negotiated and
adopted in the MOU between the County and the
individual participating Employee Organizations, and that
provisions of the Pay Equity Caster Agreement will
remain in place as the basis under which all represented
pay equity classes will be granted adjustments until all
remaining classes reach the tread lire or until such time as
the parties mutually agree to modify or terminate this
This agreement shall be presented to the Contra Costa
County Board of Supervisors as the joint recommendation
of the undersigned.
1 . Scope of Agreement. The County and the
participating Employee Organizations agree that
provisions contained herein will fully supersede
and replace the February 1993 Supplemental
COU on Pay Equity.
CNA - 18 - 2002-2005 MOU
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SECTION 5 - SALARIES
. Adoption of Flied bout Formula. The County
and the participating Employee Organizations
agree to adopt a pay equity fixed payout formula
described below in 3s Which will retain in effect
until all pay equity classes are adjusted to the
tread lire, or until such time as the parties
mutually agree to modify or terminate this
agreement.
3. r tion of Formula, The equity fixed payout
formula shall be computed as follows: The annual
value of the general salary increase for all
classificationsrepresented only by the
participating Employee Organizations (CCCEA
Local One, AFSCME locals 2700 and 512, S l U
Local 535, California Nurses Association,
Western Council of Engineersand the
Appraisers' Association) and Management and
Unrepresented employees, shall be totaled and
multiplied by a factor of twenty percent %).
The tied amount of money derived from this
calculation shall constitute the total pay equity
increase for all classes below the tread lire
represented by the participating Employee
Organizations and for all Management and
Unrepresentedclasses below the tread lime.
The manner in which the pay equity increase will
be distributed to all represented classes below
the trend lire shall be determined by the
participating Employee Organizations who shall
CNA _ 2002-2005 MOU
CTI _ SALARIES
consider only whether classes farthest from
the tread lire shall receive a greater percentage
adjustment than classes closer to the tread line,
and 2 t what percentage distance below the
tread line to apply any differing percentage
adjustment.
If upon review, the County finds that the manner
in which the Employee Organizations have
structured the distribution is unacceptable, the
County and the Employee Organizations shall
asst and confer.
a Effective Dates. The County agrees that any pay
equity increases will be effective ninety days
from the effective date of any general salary
increases.
. Indemnification. Each participating union will
promise not to bring or support comparable worth
r pay equity litigation against Contra Costa
County or any agent, servant, officer, or
employee of Contra Costa County and further
promise that in the event litigation advancing
comparable worth or pay equity claims is brought
against the County or any of its agents, servants,
officers, or employees, within five ) years from
the effective data of this agreement by any
person(s) employed or formerly employed in a
class(es) represented by the participating unions,
the union(s) representing such class(es) shall
each pay up to five thousand dollars ($5000) of
CNA - 20 - 2002-2005 MO
SECTION 5 - SALARIES
the County's attorney fees and costs; provided
that the union is not named as a co-defendant in
such litigation.
5.4 ShiftRelief, An Experienced Level Registered
Nurse who at the County's request relieves ars Advanced
Level Registered Nurse or Charge Nurse for a shift shall
receive an additional eighteen dollars ( per shift. Shift
relief will also be paid on a pro rated basis to aregistered
Nurse in an outpatient clinic who i "assigned
responsibility" for clinic operations for four r more
hours during a given shift.
5.5 Dee Class Exce tion. The following provisions
f this section shall apply to all employees except as
modified by deep class resolutions
5.6 Entrance arr5 New employees shall generally
be appointed at the minimum imu step of the salary range
established for the particular class of position to which the
appointment is nada. However, the appointing authority
may fill a particular position at a step above the minimum
f the range.
5.7 , rr Dates. Except as may otherwise be
provided for in deep class resolutions, anniversary dates
will he set as follows:
s New Emp.1a The anniversary date of a new
employee is the first day of the calendar month
after the calendar month when the employee
successfully completes six months service
CNA - 21 - 2002-2005 MOU
SECTION 5 - SALARIES
provided however, If an employee began work on
the first regularly scheduled workday of the month
the anniversary date is the first day of the
calendar month when the employee successfully
completes six ) months serviced
bs Promotions. The anniversary date of a promoted
employee is determined for a new employee i
Subsection 5.7.a above,
C. Transfer, Reallocationand Reclassification. The
anniversary date of an employee who i
transferred to another position or one whose
position has been reallocated or reclassified to a
class allocated to the seas salary range r to
salary range which is within five percent % of
the top step of the previous classification,
remains unchanged.
dQ Reemployments. The anniversary of an employee
appointed from a reemployment list to the fire
step of the applicable salary range and not
required to serve a probation period i
determined in the same way as the anniversary
date is determined for a new employee who i
appointed the same date, classification and step
and who then successfully completes the
required probationary period°
ee Notwithstanding other provisions of this Section
the anniversary of an employee who is
appointed to a classified position from outside the
CNA - 22 - 2002-2005 MOU
SECTION 5 - SALARIES
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
year from the first day of the calendar month after
the calendar month when the employee was
appointed or transferred; provided however, when
the appointment or transfer is effective on the
employee's first regularly scheduled work day of
that month, his/her anniversary is one year
after the first calendar day of that month.
5.8 Increments Within e. `the performance f
each employee, except those of employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary data as set forth in Section
5.7 to determine whether the salary of the employee shall
be advanced to the next higher step in the salary range.
Advancement ancement shall be granted on the affirmative
recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing
authority may recommend denial of the increment or denial
subject to one additional reviews at some specified data
before the next anniversary, such date to be set at the
time the original report is returned. This decision may be
appealed through the Grievance Procedure,
Except as herein provided, increments within range shall
not be granted more frequently than once a year, nor shall
more than one step within-range increment be granted
at one time, except as otherwise provided in deep class
resolutions, In case an appointing authority recommends
CNA - 23 - 2402-2005 MOU
SECTION 5 - SALARIES
denial of the within range increment on some particular
anniversary date, but recommends special salary review
at some date before the next anniversary the special
salary review shall not effect the regular salary review on
the next anniversary dates Nothing herein shall be
construed to make the granting of increments ,mandatory
on the County. If an operating department ent verifies in
writing that an administrative or clerical error was made in
felling to submit the documents needed to advance ars
employee to the next salary step on the fiat of the month
when eligible, said advancement shall be made retroactive
to the fiat of the month when eligibles
5.9 Part-Time C2Mpensation. A part-time employee
shall be paid a monthly salary in the same ratio to the full
time monthly rate to which the employee would be entitled
as a full time employee under the provisions of this
Section 5 as the number of hours per week in the
employee's part-time work schedule bears to the number
of hours in the full time work schedule of the department.
If employment is periodic and irregular (permanent-
intermittent),, depending on departmental requirements,
payment for hours worked shall be rade at the hourly rate
established for the step of the salary range at which a
Registered Nurse is appointed. The County shall
determine the differential paid to permanent-intermittent
Registered Nurses, provided it is no less than fifteen
percent (15%) of the hourly rates
5.10 Compinsation for Portion of Month. Any
employee who works less than any full calendar month,
CNA - 24 - 2002-2405 MOU
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SECTION - SALARIES
except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount
which is in the same ratio to the established monthly rate
as the number of days worked is to the actual working
days in such employee's normal al work schedule for the
particular month; but if the employment is intermittent,
compensation shall be on an hourly basis.
5.11 Positiona at n. An employee who is
an incumbent of a position which is reclassified to o class
which is allocated to the same range of the basic salary
schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range a
the employee received under the previous classification.
An incumbent of a position which is reclassified to o class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as
before the reclassification, but if such salary Is greater
than the maximum imu 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
f the class of the position before it was reclassified shall
be governed by the provisions of Section 5.13 - Sala
Promotion.
CNA - 25 - 2002-2005 MOU
SECTION 5 ® SALARIES
5.12 Salary o ti ry on,,Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is reallocated to
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
seas step in the new salary range the employee
was receiving in the range to which the class was
previously allocated. If the reallocation is from
one salary range with more steps to a range with
fewer steps or vice versa, the employee shall b
compensated at the step on the new range which
is in the same percentage ratio to the top step of
the new range as was the salary received before
reallocation to the top step of the old range, but in
no case shall any employee be compensated at
less than the fiat step of the range to which the
class is allocated.
B. In the event that a classification is reallocated
from a salary range with more steps to a salary
range with fester steps on the salary schedule,
apart from the general salary increase or
decrease described in Section 5.12.A above,
each incumbent of a position in the reallocated
class shall be placed upon the step of the new
range which equals the rate of pay received
before the reallocation. In the evert 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
CNA - 26 - 2002-2005 M®
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SECTION 5 ® SALARIES
the salary rate received in the old range, or if the
new range does not contain a higher step, at the
step which is next lower than the salary received
in the old range.
C. In the event an employee is in a position which i
reallocated to a different class which is allocated
to a salary range the same as, or above or below
the salary range of the employee's previous
class, the incumbent shall be placed at the step
in the new class which equals the rate of pay
received before reallocation. In the evert that the
steps in the range for the new class do not
contain the same rates as the range for the old
class, the incumbent shall be placed at the step
of the new range which is next above the salary
rate received in the old range; or if the new range
does not contain a higher step, the incumbent
shall be placed at the step which is next lower
than the salary received it the old range.
A In the avant of reallocation to a deep class, the
provisions of the deep class resolution and
incumbent salary allocations, if any, shall
supersede Section 5.12.
5.13 Salary on Promption, Any employee who is
appointed to a position of a class allocated to a higher
salary range than the class previously occupied, except as
provided under Section 5.16, shall receive the salary In the
new salary range which Is next higher than the rata
received before promotion, in the event this 'increase is
CNA - 27 - 2042-2005 MOU
' Tl ' 5 - SALARIES
less than five percent 5%), the employee's salary shall be
adjusted to the step In the neve range which is at least five
percent 5% greater than the neat higher step; provided;
however, that the next step shall not exceed the maximum
salary for the higher class. In the event of the appointment
of a laid off employee from the layoff list to the class from
which the employee was laid off, the employee shall b
appointed at the step which the employee had formerly
attained in the higher class unless such step results in
decrease in which case the employee is appointed to the
next higher step. If however, the employee is being
appointed into a class allocated to a higher salary range
than the class from which the employee was laid off, the
salary will be calculated from the highest step the
employee achieved prig to layoff, or from the employee3s
current step whichever is higher.
5$14 Sala voluntary a i z Any employee
who is demoted, except as provided under Section 5.16,
shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he/she
has been demoted next lover than the salary received
before demotion. In the event this decrease is less than
five percent (5%), the employee's salary shall be adjusted
to the step in the new range which is five percent 5%) less
than the next loner step; provided, hoover, that the next
step shall not be less than the minimum salary for the
lover class.
'whenever the demotion is the result of layoff, cancellation
f positions or displacement by another employee with
greater seniority rights, the salary of the demoted
CNS. - 28 - 2002-2005 MOU
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SSEECTION 5 - SALARIES
employee shall be that step on the salary range which
he/she would have achieved had he/she been
continuously in the position to which he/she has been
demoted, all within-range increments having been granted.
5.15 Sala olluntaEy Demotion. Wherever any
employee voluntarily demotes to a position in a class
having a salary range lower than that of the class from
which he/she demotes, his or her salary shall remain the
same if the steps in his or her new (demoted) salary range
permit, and if not, the new salary shall be set t the step
next below former salary.
5.16 Transfer. An employee who is transferred from
one position to another as described under "Transfer" shall
be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfers
In the evert that the steps in the range for the new class
do not contain the same rates as the range 'for the old
class, the employee shall be placed at the step of the new
range which is next above the salary rate received in the
old range; or it the new range does not contain a higher
step, the employee shall be placed at the step which i
next lower than the salary received in the old ranges if the
transfer is to a deep class, the provisions of the deep class
resolution on salary of transfers, if any, shall apply in lieu
of the above provisions.
5.17 Pay for Work i hr Classification. When
ars employee in a permanent position in the merit system is
required to work in a classification for which the
compensation i greater than that to which the employee is
CNA - 29 - 2002-2005 MOU
SECTION 5 ® SALARIES
regularly assigned, the employee shall receive
compensation for such work at the rate of pay established
for the higher classification pursuant to Subsection 5.13
Salary on Promotion of this Memorandum, commencing
on the 41st consecutive hour in the assignment, under the
following conditions:
® The employee is assigned to a program, service,
r activity established by the Board of
Supervisors which is reflected in an authorized
position which has been classified and assigned
to the Salary Schedules
b. The nature of the departmental assignment i
such that the employee in the lower classification
becomes fully responsible for the duties of the
position of the higher classifications
C. Employee selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classifications
de Pay for word in a higher classification shall not b
utilized as a substitute for regular promotional
procedures provided in this Memorandum.
e. The appropriate authorization form has been
submitted by the Department plead and approved
by the County Administrator.
fN Higher pay assignments shall not exceed six (
months except through reauthorization.
CNA - 30 - 2002-2005 MOU
SECTION 5 - SALARIES
ga If approval is granted for pay for workin a higher
classification and the assignment is terminated
and "inter reapproved for the same employee
within thirty days, n additional waiting period
will be required.
h. Any incentives (e.g., the education incentive) and
special differentials (e.g., bilingual differential and
Emergency Department differential) accruing to
the employee in his/her permanent position shall
continues
im During the period of work for higher pay in
higher classification, ars employee will retain
his/her permanent classification, and anniversary
and salary review dates will be determined by
time in that classification; except that if the period
of work for higher pay in a higher classification
exceeds one year continuous employment, the
employee,c yee, upon satisfactory performance in the
higher classification, shah be eligible for a salary
review in that class on his/her next anniversary
date. Notwithstanding any other salary
regulations, the salary step placement of
employees appointed to the higher class
immediately following termination of the
assignment, shall remain unchanged.
4 Allowable overtire pay, shift differential and/or
work location differentials will be paid on the
basis of the rate of pay for the higher class.
CNA - 31 - 2002-2005 MOU
SECTION 5 - SALARIES
5.18 a On the tenth gth) day of each month,
the Auditor will draw a warrant upon the Treasurer in fever
of each employee for the amount of salary due the
employee for the preceding month; provided, however,
that each employee (except those paid on an hourly rate)
may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the
twenty-fifth (25th) day of each month, draw his/her warrant
upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (113)
or less, at the employee's options of the employee's basic
salary of the previous month except that it shall not exceed
the amount of the previous month's basic salary less all
requested or required deductions. The election to receive
an advance shall be made on or before April 30 or October
31 of each year or during the fiat month of employment by
filing on forms prepared by the Auditor-Controller a notice
of election to receive a salary advance.
Each election shall become effective on the fiat day of the
month following the deadline for filing the notice and shall
remain effective until revoked. In the case of an election
made pursuant to this section all required or requested
deductions from salary shall be taken from the second
installment, which is payable on the tenth (10th) day of the
following month.
5.19 Nursinq Certification Test Fee
Reimbursement. The County shall reimburse employees
for test fees involved in taking National Certification tests
upon presentation of certifications
CNA - 32 - 2002-2005 MOU
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SECTION 6 - DAYS AND HOURS OF WORK
6.1 Work Week. The work week of County
employees is rorty hours normally between seas
Monday to 2900 midnight Sunday, except In certain
segments of the Health Services Department where It i
between 2801 a.m. Sunday t 12:00 midnight Saturday,
usually five 5 eight hour days. Where operational
requirements o department require deviations from the
usual pattern of rive 5) eight hour days per work week,
an employee's work hours may be scheduled to wrest
these requirements, but an employee's working time shall
not exceed an average of forty ( hours per seven
day period throughout ars operational cycle, and the
Department Head shall prepare written schedules in
advance to support all deviations, the schedules t
encompass the complete operational cycle contemplated.
The work week for employees in the 4/10 shift is four
tern hour working days during a work week consisting
of any seven day period.
6.2 Four Week SchedullesfWeekend
For Registered Nurses assigned to areas that have
twenty-four hour staffing, a four week work
schedule will be published by Nursing Administration which
provides that each Registered burse shall have every
other weekend off. Registered bursas may exchange days
off within the four week cycle but no Registered Nurse
shall become eligible for overtire as the result of said
exchange. Such exchange days off shall be subject to the
approval of the appropriate Nursing Program Manager.
CNA - 33 - 2002-2000 MOU
5' TION 7_ OVERTIME AND C OMPENSATORY TIME
Registered Nurses and Family Nurse Practitioners with
twenty (20) years of service with the County shall, upon
requests be granted every weekend off. The seniority date
to be used to determine eligibility for weekends off after
twenty (20) years of service will be the County Service
Award date as defined in Section 44 — Lon th of Service
cfiniticn (for service awards and vacation accruals of the
MOU.
6.3 TimeChanges: Pacific Standard Time &
ait yi TTea For those nurses who work on
the shift when day light savings time begins and ends each
year, their work hours will be adjusted for that, shift to the
number of work hours they regularly work on that shift.
.4 Low Census. In the event that there is a
decrease in the hospital census requiring adjusting levels
of nurse staffing and/or there are insufficient nurses who
volunteer to use accruals or take time off without pay in
order to reduce staffing to the necessary level, the County
and Association agree to meet and confer upon request
regarding formal low census provisions.
SECTIONT° T° TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty (4 ) hours per week or (
eight hours per day. Overtime for employees on other work
schedules such as on ten (1 hour or twelve (° 2) hour
shifts is any work performed beyond that work schedule or
forty (40) hours per weeks All overtime shall be
CNA - 34 - 2002-2005MOU
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SECTION 7- OVERTIME AND COMPENSATORY TIME
compensated for at the rate of one and orae-half 1- /
times the employee's base rata of pay (riot including shift
and other special differentials)® Permanent part-time
registered nurses shall be compensated at the straight
time rate for those hours worked over and above the
regular work schedule but lass than eight lours a day
or forty 4e hours per week. Overtime for permanent
employees is earned and credited in a maximum imu of one-
tenth hour mint increments and is compensated b
either pay or compensatory time of,
Employees s who work a double shift shall receive fifty-four
dollars ($54.00) in addition to all other compensation for
each double shift worked. Registered bursas who work
from the beginning f their regularly scheduled shift to the
conclusion of the next scheduled shift will be considered to
have worked a double shift= if the second shift is not
completed, the premium will be prorated. if the total hours
worked, excluding lurch breaks, exceed sixteen )
hours, additional prorated premium will be paid.
Employees entitled to overtire credit for holidays in
positions which work around the clock (such as the County
Hospital, the Sheriffsf ice, Jails, Juvenile Hal and Boys'
Ranch) shall be provided a choice as to whether they shall
be paid at the overtime rate or shall receive compensatory
time off at the rate of one and one-half (1 -1/2) hours
compensatory time off for each hour worked. Such
compensatory time off, and the accumulation thereof shall
be in addition to the total vacation accumulation permitted
under the terms of this M . The specific provisions of
CNA - 35 - 2002-2005 MOU
SECTION 7- OVERTIME AND COMPENSAII"O"RY TIME
this accumulation are set forth in Section 12.5 — Accrual of
Holidgy_j�me of this M U9
Regular overtire for twenty-four hour institutional
employees may be accrued as compensatory time in
accordance with Section a of this MOU.
7.2 Com dime, The following provisions
shall apply:
e Employees may periodically elect to accrue
compensatory time off in lieu of overtire pays
Eligible employees must notify their Department
Head or designee of their intention to accrue
compensatory time off or to receive overtime pay
t least thirty days in advance of the changed
bs The names of those employees electing t
accrue compensatory time off shall be placed on
list maintained by the Departments Employees
who become eligible i.e., newly hired employees,
employees promoting, demoting, etc.) for
compensatory time off in accordance with these
guidelines, must elect to accrue compensatory
time or they will be paid for authorized overtime
hours worked.
Cs Compensatory time off shall be accrued at the
rate of one andone-half - times the actual
authorized overtire hours worked by the
employee.
CNA - 36 - 2002-2005 MOU
I - OVERTIME AND COMPENSATORY TIME
dQ Employees may not accrue a compensatory time
off balance that exceeds one hundred twenty
hours (lee., eight} g hours at time and
orae-half). Once the maximum balance has been
attained, authorized overtime hours will be paid at
the overtime rate. if the employee's balance falls
below one hundred twenty g hours, the
employee shall again accrue compensatory time
off for authorized overtime hours worked until the
employee's balance again reaches one hundred
twenty (120) hours,
es Accrued compensatory time off shall be carried
over for use in the next fiscal year; however, a
provided In d. above, accrued compensatory time
€eft balances may not exceed one hundred twenty
hours.
fA The use of accrued compensatory time off shall
be by mutual agreement between the Department
Head or designee and the employees
Compensatory time off shall not be taken when
the employee should be replaced by another
employee who would be eligible to receive, for
time worked, either overtime payment or
compensatory time accruals as provided for in
this Section. This provision may be waived at the
discretion of the Department plead or designee,
ga When an employee promotes, dernotes or
transfers from one classification eligible for
compensatory time off to another classification
CNA - 37 - 2002-2005 MOU
CTI 7® OVERTIME AND COMPENSATORY TIME
eligible for compensatory time off within the same
department, the employee's accrued
compensatory time off balance will be carried
forward with the employee.
hs Compensatory time accrual balances will be paid
off when ars employee moves from one
department to another through promotion,
demotion or transfer. Said payoff will be made in
accordance with the provisions and salary of the
class from which the employee is promoting,
demoting or transferring as set forth in L below.
L Since employees accrue compensatory time off
t the rate of one and orae-half (1 -1/2) hours for
each hour of authorized overtime worked,
accrued compensatory time balances will be paid
off at the straight time rate (two- thirds / f the
overtime rate) for the employee's current salary
whenever:
a the employee changes status and is no
longer eligible for compensatory time er$
e the employee promotes, demotes or
transfers to another department,
e the employe separates from County
service;
a the employee retires.
CNA - 38 - 2002-2005 MOU
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SECTION 8 - CALL-BACK TIME
s The Office of the County Auditor-Controller will
establish time-keeping procedures to administer
this Sections
7.3 Continuous ShIfts. At the County's request, if ars
employee works two contiguous shifts (normally sixteen
continuous hours) which is outside the employee's
regular work schedule and the first eight hours fall on
one day and the second eight hours fall on the
following day, the employee shall be paid a differential of
orae-half / the employee's base salary rate in addition
to the employee's base salary rate for the second eight
hours. Additionally, such employees shall be provided a
meal in the hospital cafeteria at no cost to the employees
CALL-BACK
8.1 Call-Back P s Any employee who is called back
to duty shall be paid at the appropriate rate for the actual
time worked plus one hour. Such employee called back
shall be paid a minima two hours at the
appropriate rata of each call-back. This provision shall
apply to employees who are not in on-call status.
8.2 oom Call-Back. A Registered Nurse
who is in on-call status for the Operating Room and i
called back to duty shall be paid for. the actual time so
spent plus one hour, but not less than three hours
total for each call-back.
CNA - 39 - 20'02-2005 MOU
SECT/ - Ott-CALF, DUTY
ON-CALL
On-call duty is any time other than time when the
employee is actually on duty during which an employee is
not required to be on County premises but stead ready to
immediately report for duty and must arrange so that the
employee's's superior can contact the employee on ten ( )
minutes notice or less. An employee assigned to ori-call
time shall be paid one ( ) hour of straight time pay for
each four ( ) hours on such ori-call time.
Fluor, Registered Nurses who are assigned to ori-call
for the Operating Room or Post Anesthesia Recovery shall
be paid one ( ) hour of straight time pay for each two (2)
hours on such on-call time.
SECTION 10 - SHIFT DIFFERENTIAL
10.1 Shift Differentials.
A. Evenrg shift. An employee who works an
evening shift in which the employee works four
( ) car more hours between 5:00 p.ra and11 :00
p.m. shall receive a shift differential of twelve
percent (12%) of the employee's base pay.
Split shifts with more than one and orae-half (1 -
1/2)
m1/2) hours between the two portions of the shift
shall also qualify for the twelve percent (12%)
hourly differential.
CNS - 40 - 2002-2405 MOU
SECTION 10 - SHIFT DIFFERENTIAL
B. Night Shifts An employee who works a right shift
in which the employee works four ) or more
hours between Y p.m. and .m. shah
receive a shift differential of fifteen percent %)
f the employee's base pay.
C. Special Provisions.
e An employee who works overtime shah
receive shift differential it addition t
overtire compensation only when the
overtire hours independently satisfy the
requirement for shift differential as stated
above. The shift differential shall b
computed on the employee's base salary.
2. Employees who have been regularly working
shift qualifying for shift differential
immediately preceding the commencement
f a vacation, paid sick leave period, paid
disability or other paid leave, will have shift
differential included in computing the pay for
their leave. The paid leave of an employee
who is on a rotating shift schedule shall
include the shift differential that would have
been received had the employee worked the
shift for which the employee was scheduled
during such period. Shift differential shall
only be paid during paid sick leave and paid
disability as provided above for the fiat thirty
) calendar days of each absence,
CNA - 41 - 2002- MO
SECTION 10 _ SHIFT DIFFEREN TIAL
3. Employees in the Registered Nursing Unit
whose regular shift is extended such that It
ends twelve ( 2) consecutive hours or more
after its beginning shall receive shift
differential paid at the differential rate
appropriate for those additional hours in
excess of eight 3)a Effective July 1 , 1992 a
Registered burse released from duty at the
request of Nursing Administration prior to the
completion of twelve ( 2) hours work will
receive the appropriate shift differential on
those hours corked in excess of eight 3)
hours.
s When a shift employee works on a
recognized holiday, the employee shall be
entitled to holiday pay and shift differential t
be computed on the employee's base salary.
10.2 Weekender nt . Effective January 1 , 1992
Registered Nurses shall receive a weekend shift bonus of
an increased $30,00 per shift for each weekend shift
worked which ) falls on weekends for which the nurse is
not scheduled to work in their normal work schedule; 2)
falls between the beginning of the night shift on Friday and
the end of the evening shift on Sunday; 3) is worked for
the full duration of the shift, and ) is not the result of a
trade. The Registered Nurse is to note such qualifying
shifts on his/her time sheets in order to receive this
compensation.
CNA - 42 - 2002=2005 MOU
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TION 11 - SENIORITY, WORKFORCE REDUCTIONS LAYOFFAND
REASSIGNMENT
s3 D'Ifferentials. Each full time, part-time and
permanent-intermittent Registered Nurse who is in
position assigned to one of the following units/services, will
receive a salary differential o per month: Surgery,
Recovery, Labor and Delivery, Nursery, Postpartum,
Pediatrics, Critical Care Unit, Intermediate Care Unit,
Emergency door$ 413, , Mental Health Crisis Unit,
Geriatrics, Inpatient Psychiatry /4-D, Martinez Detention,
West County Detention, and Juvenile Hall.
Registered Nurses assigned to the following units/services
and Family Nurse Practitioners are not eligible for this
differential:erential: Education and Training, Specialty Clinic;
Family Practice Clinic; Concord, Brentwood, Pittsburg,
Antioch, Bay Point, North Richmond, and Richmond
Health Canters; East County, West County and Central
County Geriatric Clinics, Adult Mental health Dual
Diagnosis Program, George Miller-West, Public Health
Clinic staffing pool, Public Health pursing pool and Home
Health Agency.
REDUCTION,SECTION I I SENIORITY, WORKFORCE
LAYOFF AND REASSIGNMENT
11 .1 Workforce eduction. In the event that funding
reductions or shortfalls in funding occur in a department or
are expected, which may result in layoffs, the department
will notify the union and take the following actions:
CNA - 43 - 2002-2005 MOU
SECTIONI - SENIORITY, WORKFORCE REDUCTIONy LAYOFF AND
REASSIGNMENT
a. Identify the classification(s) In which position
reductions may be required due to funding
reductions or shortfalls.
ba Advise employees in those classifications that
position reductions may occur in their
classifications.
C. Accept voluntary leaves of absence from
employees in those classifications which do not
appear to be potentially impacted by possible
position reductions when such leaves can b
accommodated y the department.
ds Consider employee requests to reduce their
position hours from full time to part time t
alleviate the impact of the potential layoffs.
s Approve requests for reduction in hours, lateral
transfers, and voluntary demotions to vacant,
funded positions in classes not scheduled for
layoffs within the department, as well as to other
departments riot experiencing funding reductions
or shortfalls when it is a Friable operational
alternative for the department(s).
f
Review various alternatives which will help
mitigate the impact of the layoff` by working
through the Tactical Employment Team
program to,
CNA - 44 - 2002-2005 Mtn
,e= TION I I SENIORITY
WORKFORCE REDUCTION$ LAYOFF AND
REASSIGNMENT
1 . Maintain an employee skills inventory bank
to be used as a basis for referrals to other
employment opportunities,
6 Determine if there are other positions to
which employees may be transferred.
a Refer interested persons to vacancies which
occur in other job classes for which they
qualify and can use their layoff eligibility.
y Establish workshops to aid laid off
employees in areas such as resume
preparation, alternate career counseling, job
search strategy, and interviewing skills.
96 When it appears to the Department Head and/or
Labor Relations Manager that the Board of
Supervisors may take action which will result in
the layoff of employees in a representation unit,
the Labor Relations Manager shall notify the
Union of the possibility of such layoffs and shall
meet and confer with the Union regarding the
implementation of the action.
11 .2 ration Through Layoff
,F Grounds for offs .ray remployee(s) having
permanent status in position(s) in the merit
service may be laid off when the position is n
longer necessary, or for reasons of economy,
CNS. - 45 - 2002-2005 MOU
CTI - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND
REASSIGNMENT
lack of work, lack of funds or for such other
reason(s)as) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order of 1gyoff. The order of layoff in
department shah be based on inverse seniority in
the class of positions, the employee in that
department °with feast seniority being laid off first
and so on.
C. Layoff yis fnt.
c in the Same Gass¢ A laid off permanent full
time employee may displace n employee in
the department having fess seniority in the
same class who occupies a permanent-
intermittent
rmanent-
int rmittent r permanent part-time position,
the feast senior employee being displaced
first.
a In the Same Level or Bower Class. A laid off
r displaced employee who had achieved
permanent status in a class at the same or
lower salary level as determined by the
salary schedule in effect at the time of layoff
may displace within the department and in
the class of an employee having less
seniority; the least senior employee being
displaced first, and so on with senior
displaced employees displacing junior
employees.
CNA - 46 - 2002-2005 MOU
I - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND
REASSIGNMENT
D. Particular Rules on QiMl
aIPermanent-int rmitt nt and permanent p rt-
tim employees may displace only
employees holding permanent positions of
the aeras type respectively.
a A permanent f ii time employee may
displace any intermittent or part-time
employee with less seniority n the same
class or, in a class of the same or lower
salary level if no full time employee in a class
t the same or lower salary level has less
seniority than the displacing employees.
I Former permanent full time employees who
have voluntarily become permanent part®
time employees for the purpose of reducing
the impact of a proposed layoff with the
written approval of the Director of Human
Resources or designee retain their
permanent full time employee seniority rights
for layoff purposes only and may in a later
layoff` displace a full time employee with less
seniority as provided in these rules.
E. Senig it 9 An employee's seniority within a class
for layoff and displacement purposes shall be
determined by adding the employee's length of
service in the particular class in question to the
employee's length of service in otherclasses at
CNA - 47 - 2002-2005 MO
SECTION I I - SENIORITY, WORKFORCE REDUCTION, LAYOFF
REASSIGNMENT
the same or higher salary levels as determined by
the salary schedule In effect at the time of layoff.
Employees reallocated or transferred without
examination from one class to .mother class
having a salary within five %) percent of the
former class, shall carry the seniority accrued in
the former class into the new classy Employees
reallocated to a new deep class upon its initiation
or otherwise reallocated to a deep class because
the duties of the position occupied are
appropriately described in the deep class shall
carry into the deep class the seniority accrued or
carried forward in the former class and seniority
accrued in other classes which have been
Included in the deep class, Service for layoff and
displacement purposes includes only the
employee's last continuous permanent County
employment,
Periods of separation may not be bridged to
extend such service unless the separation is a
result of layoff in which case bridging will b
authorized if the employee is reemployed in a
permanent position within the period of layoff
eligibility. Approved leaves of absence as
provided for in these rules and regulations shall
not constitute a period of separations In the evert
f ties in seniority rights in the particular class in
question, such ties shall be broken by length of
last continuous permanent County employment. If
there remain ties in seniority rights, such ties
CNA - 48 - 2002®2005 MOU
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SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFFAND
REASSIGNMENT
shall be broken by counting total time in the
department ire permanent employment. Any
remaining ties shall be broken by random
selection among the employees Involved.
F. EligIblllt _ List. Wherever any person
who has permanent status is laid off, has been
displaced, has been demoted by displacement or
has voluntarily demoted In lieu of layoff or
displacement, r has transferred in lieu of layoff
or displacement, the person's name shall b
placed on the layoff list for the class of positions
from which that person has been removed.
Q Order_of Names onffo First, layoff lists shall
contain the names of persons laid off, displaced,
or demoted as a result of a layoff or
displacement, or who have voluntarily demoted or
transferred in lieu of layoff or displacement or
who have transferred in lieu of layoff or
displacement. Names shall be listed in order of
layoff seniority in the 1ass f m which laid off,,
displaced, demoted or transferred on the data of
layoff, the most senior person listed first. In case
of ties in seniority, the seniority rules shall apply
except that where there is a class seniority tie
between persons laid off from different
departments, the tie(s) shall be broken by length
f last continuous permanent County employment
with remaining ties broken by random selection
among the employees involved.
CNA - 49 - 2002-2005 MOU
SECTION I I - SENIORITY, WORKFORCE REDUCTION, LAYOFF AND
REASSIGNMENT
Hg Duration of Layoff and Reemployglent Rights.
The name of any person granted reemployment
privileges shall continue on the appropriate list for
period of two 2) years. Persons placed on
layoff lists shall continue on the appropriate list
for a period of four (4) years.
a Certification of Persons From Leff Lists. Layoff
lists contain the me(s) of person(s) laid off,
displaced or demoted by displacement or
voluntarily demoted in lieu of layoff or
displacement or transferred in lieu of layoff or
displacement. When a request for personnel is
received from the appointing authority of a
department from which an eligible(s) was laid off,
the appointing authority shall receive and appoint
the eligible highest on the layoff list from the
department. When a request for personnel is
received from a department from which an
eligible(s) was not laid offs the appointing
authority shall receive and appoint the eligible
highest on the layoff list who shall be subject to a
probationary periods A person employed from a
layoff list shall be appointed at the same step of
the salary range the employee held on the day of
layoff.
J. Removal of Names from RegMployment & Layoff
Lists. The Director of Human Resources may
remove the name of any eligible from a
CNA - 50 - 2002-2005 MOU
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,*SME CTION1 - SENIORITYg WORKFORCE REDUCTION, LA YOFF AND
REASSIGNMENT
reemployment or layoff list for any reason listed
below:
I Q For any cause stipulated lir Section 404.1 of
the Personnel Management Regulations.
s On evidence that the eligible cannot be
located by postal authorities.
a On receipt of a statement from the
appointing uthorit or eligible that the
eligible declines certification or indicates no
further desire for appointment in the class.
e if three offers of permanent pp intmen
to the class for which the eligible list was
established have been declined by the
eligible.
s if the eligible fails to respond to the Director
f Human Resources or the appointing
authority within tern days to written notice
f certification railed to the person's last
known address.
G if the person on the reemployment r layoff
list is appointed to another position in the
same or lower classification, the name of the
person shall be removed.
CNA - 51 - 2002-2005 MOU
SECTION I I - SENIORITY, WORKFORCE REDUCTION, LA YOFF AND
REASSIGNMENT"
7. However, if the first permanent appointment
f a person on a layoff list is to a lower class
which has a top step salary lower than the
top step of the class from which the person
was laid off, the name of the person shall not
be removed from the layoff lists Any
subsequent appointment of such person
from the layoff list shall result in removal of
that person's rare
K Removal of Names from RegMplo
yr rpt & Layoff
Certifications. The Director of Haman Resources
may remove the name of any eligible from
reemployment or layoff certification if the eligible
fails to respond within five (5) days to a written
notice of certification mailed to the person's last
known address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least tern ( work days notice prior
to their lest day of employment.
11 .4 Special Employment Lists. The County will
establish e TET Employment Pool which will include the
names of all laid off County employees. Special
employment yr ent lists for job classes may be established from
the pool. Persons placed on a special employment ent list
must meet the minimum qualifications for the class. An
appointment from such a list will not affect the individual's
status on a layoff list(s),
CNA - 52 - 2002-200
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SECTION 12 - HOLIDAYS
11 .5 Reassign rt of Laid Off Erg
Employees who displaced within the same classification
from furl time to part-time r intermittent statusin a layoff,
r who voluntarily reduced their work hours to reduce the
impact of layoff, or who accepted a position of another
status than that from which they were raid off upon referral
from the layoff list, may request reassignment back to their
pre-layoff status (furl time or part-time or increased hours).
The request mut be in writing in accord with each
department's reassignment hid or selection process.
Employees s will be advised of the reassignment procedure
to be followed to obtain reassignment hack to their former
status at the time of the workforce reduction. The most
senior laid off employee in this status who requests such
reassignment will be .erected for the vacancy; except
when a more senior raid off individual remains on the layoff
list and has not been appointed hack to the crass from
which laid off, a referral from the layoff list will be rade to
fill the vacancy.
11 .6 Further St TheCounty agrees to asst with
the Ledo Coalition for study of the concept of employee'
waiver of displacement rights in a layoff.
SECTION
12.1 HObserved. `h County will observe the
following holidays:
CNA - 53 - 2002-2005 MOU
, TION 12 - HOLIDAYS
A. January 'I st, known as New Years' Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents' Day
The Inst Monday in May, known as Memorial Day
July 4th known as Independence Say
Fiat Monday in September, known as Labor Day
November I I th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday atter Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may
by resolution designate as holidays.
f Employees in positions which are designated as
twenty four 24) hour positions shall also
celebrate:
September 9th known as Admission Day
Second Monday in October known as Columbus Day
February 12th known as Lincoln's ®ay
Family Nurse Practitioner positions are
designated as 24-hour positions,
C. Employees who only celebrate the holidays listed
in 12.1 .A. above shall accrue two (2) hours of
personal holiday credit per month. Such personal
holiday time may be taken in increments of one
( hour, and preference of personal holidays
shall be given to employees according to their
seniority in their department as reasonably as
possible o employee may accrue more than
forty 4 ) hours of personal holiday credit. On
separation from County service, ars employee
CNA - 54 - 2002-2005 ltd
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SECTION 12- HOLIDAYS
shall be paid for any unused personal holiday
credits at the employee's thea current pay rate.
12.2 Application Credit, The following
provisions indicate how holiday credit is to be applied:
9 Employees on the five ) day forty ) hour
Monday through Friday work schedule shall be
entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
h=. Employees on a work schedule other than
Monday through Friday shall be entitled to credit
for any holiday, whether worked or not, observed
y employees on the regular schedule'.
C. For all employees, if a work day fills on a
scheduled holiday they shall receive overtime pay
or equivalent compensatory time credit (holiday
Credit) for working the holiday, or if a holiday falls
on the day off of an employee, the employee shall
be given straight time pay or equivalent
compensatory time credit.
The purpose of this plan is to equalize holidays between
employees on regular work schedules and those on other
work schedules,
If any holiday listed in Section 12.1 .A. above falls on a
Saturday, it shall be celebrated on the preceding Friday. It
any holiday bated in Section 12.1 .A. falls on a Sunday, it
shall be celebrated on the following Monday. For
CNA - 55 - 2002-2005 MOU
SECTION 12 - HOLIDAYS
employees in positions whose shifts Include Saturday or
Sunday as designated by the appointing authority (rather
than Monday through Friday eight hours per day or
designated 4/10) holidays shall be observed on the day on
which the holiday falls regardless if it Is Saturday or
Sunday.
12.3 Hid Credit for Part-TIme EMgLqyees.
Permanent part-time and permanent-intermittent
employees who work on a holiday shall receive overtire
pay or compensatory time credit for all hours worked, up to
maximum f eight .
Permanent part-time employees who do not work on
holiday shall receive holiday credit in the same ratio to the
holiday credit given full time employees as the number of
hours in the regular full time schedule, regardless of
whether the holiday falls on the part-tire employee's
regular work day.
12.4 411 os
A. llidy .hitt . Each 4/10 shift employee who
works a full shift on a holiday shall receive time
and orae-half for the first eight hours worked in
addition to regular pay for the holiday$ Holiday
y
shift pay shall be subject to provisions of Section
7 - Overtime.
Q Absence on H lid y. The maximum time charged
to sick leave, vacation or leave without pay on
holiday shall be two hours.
CNA - 56 - 20 2-2005 MOU
SECTION 1 - HOLIDAYS
12.5 Accrual of Holida Time. Employees entitled t
overtime credit in positions which work around the clock
shall be permitted to elect between pay at the overtire
rate or compensatory time off in recognition of holidays
worked. The following procedures shall apply to this
selection:
as Eligible employees may elect, on a quarterly
basis, the method of reimbursement for work
performed on holidays. The selection between
accrued holiday time and/or overtime pay must
be rade known to the County during each of the
calendar months of Jure, September, 'December,
and March for the duration of this MOU,
b. Employees starting work eater a list of those
electing to accrue holiday time has been
submitted to the Auditor and approved, will be
paid overtire unless they specifically requested
in writing within seven calendar days to be
placed on the accrual list.
, Holiday time shall be accrued at the rate of one
and one-half (1-1/2) times the actual hours
worked to e maximum of eight hours worked
by the employee.
d. Holiday time may not be accumulated in excess
of two hundred eighty-eight (288) working hours.
Holiday time may be accrued up to two hundred
eighty-eight (288) hours, exclusive of regular
vacation accruals= After two hundred eighty- eight
CNA - 57 - 2002®2005 MOU
SECTION 13 - VA CATION LEAVE
(268) hours holiday time shall be paid at the
overtire rates as specified in Section 7s
e, Accrued holiday time may be taken off at tires
determined by mutual agreement of the employee
and the department head.
246 Each permanent employee who qualifies for paid
holidays shall not be required to work on at least one ( of
the following holidays each year: Thanksgiving, Christmas,
New Fear's Day.
12.7 Employees represented by the Association who
are employed at the County Hospital ted who are required
to work on Thanksgiving, Christmas or New Year's will b
provided a free meal in the hospital Cafeteria at no cost t
the employee only between the hours of 6:30 rims and
6:30 p.m.
12$8 Permanent-Intermittent Holidg,,yPay.
Employees in permanent-intermittent positions shall
receive holiday pay at the rate of one and one-half ( - /2)
times the employee's base salary rate for up to eight ( )
hours worked on a recognized holidays
SECTION 13 - VACATION LE"E
13.1 Vacation Allowance. Permanent and provisional
employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of
working time per calendar month of service and begins on
CNA _ 58 - 2002-2005 MOU
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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 imu r r t f one
hour calculated on the carne basis as for partial month
compensation pursuant to Section 5.9 of this MOU.
Vacation credits may not be taken during the 'first six
calendar months of employment, not necessarily
synonymous with probationary status, except 'where sick
leave has been exhausted; and none shall be allowed in
excess of actual accrual at the time vacation is taken.
Vacation credits may be taken in one-tenth hour minute)
increments.
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Len th of Service Hours Tours
Under 15 years 10 240
15 through 19 years 320
20 through 24 years 162/3 400
25 through 29 years 20 480
g years and up 2 560
13.3 Vacation Accrual Durinq. Leave Withoutyg
No employeewho has been granted leave without pay or
unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who
is absent without pay accrue vacation credit during the
absence.
CNA _ 59 - 2002-2005 MOU
SECTION 1 - VA CATION LEAVE
13.4 Professional Sabbatical Leave. Employees who
have completed five ) years or more of employment ent shall
annually receive three (3) days of paid sabbatical leaves
This leave shall be granted under the same provisions for
vacation leave.
13.5 Vacation Allowance for Se rte ee s
On separation from County service, an employee shall b
paid for any unused vacation credits at the employee's
then current pay rates
13.6 Permanent Part-Time & Intermittent
Employees. Employees in permanent part-time and
permanent-intermittent positions shall accrue vacation
benefits on a prorated basis as provided in Resolution
31/11653 Section 36-2,006.
13.7 Vacation for employees in the Hospital and Clinic
Division Hospital Nursing Service (including the Detention
Facilities) and Ambulatory Care Nursing Services shall b
scheduled on an annual cycle, April 1 through March 30.
Employees must submit their written vacation request by
March 1st of each year. The hospital will post a schedule
f vacations by April 1 st of each year.
Only one employee per classification from each work site
and shift may be pre-approved for vacation at the same
time. In case of conflict, the employee with the greater
length of service in their classification will receive the
requested vacation time. Less senior employees will be
CNA - 60 - 2002x2005 MOU
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SECTION 13 - VA CA TION LEA VE
given the opportunity to request a different time before the
annual schedule is posted.
Vacation requests submitted after March 1 st to the nurses
assigned Nursing Program Manager shall be considered
n a first come basis and the County will respond to such
requests within thirty days from receipt. if staffing and
patient care requirements do not permit all Registered
Nurses requesting a certain vacation preference to take
their vacations over the same period, length of service in
their classification among those Registered Nurses who
submit vacation requests at the same time shall be the
determining factor within each work area. Arrangements
for vacation replacements shah be the responsibility of
Nursing Service, it being understood that denial of the
vacation request may result if Nursing Service is unable to
arrange for replacements.
Vacations requested during the pre-approved phase which
include major holidays, Thanksgiving, Christmas and New
Year's, shall be rotated amongst staff rather than
determined by seniority.
13.8 Vacation Leave on Ree ment From a
Layoff Lista Employees with six months or more
service in a permanent position prior to their layoff, who
are employed from a layoff list, shah be considered as
having completed six months tenure in a permanent
position� for the purpose of vacation leaves The appointing
authority or designee will advise the Auditor-Controller's
Payroll Unit in each case where such vacation i
CNA - 61 - 2002-2005 MOU
SECTION 14 a SICK LEA VE
authorized so that appropriate Payroll system override
actions can be taken.
13.9 Polio for FNPs. The following policy governs
the approval of vacation requests and the vacation
coverage responsibilities of the Family Nurse Practitioners.
Vacation requests for Family Norse Practiti
TION14 - SICKLEAVE
work a portion of a month are entitled to a pro rata share
f the monthly sick leave credit computed on the seas
basis as is partial month compensation.
Credits to and charges against sick leave are made i
minimum amounts of orae-tenth hour minutes)
Unused sick leave credits accumulate from year to year.
When an employeeis separated other than through
retirement, a mulat d sick leave credits shall be
canceled, unless the separation results from layoff,, ire
which case the accumulated credits shall b restored if
s/he is re-employed in a permanent position within the
period of lay off eligibility.
Upon the date of retirement, an employee's accumulated
sick leave is converted to retirement time on the basis of
one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policiesthe Use of Paid Sick
Leave. As indicated above, the primary purpose of paid
sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury.
The following definitions nitions apply:
Immediate Fr it : Includes only the spouse, song stepson,
daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-
CNA
n-CNA - 3 - 2002®2005 MOU
SECTION 14 ® SICK LEAVE
ire-law, brother-ire-laws sister-ire-law, foster children, aunt,
uncle, cousin, stepbrother, stepsister, or domestic partner
of an employee rid/or includes any other person for whom
the employee is the legal guardian or conservator, or any
person who is claimed as a "dependent" for IRS reporting
purposes by the employee.
Employgele. Any person employed by Contra Costa County
in an allocated position in the County service.
Paid Sick Leave Credits: Sick leave credits provided for by
County Salary Regulations and memoranda of
understanding.
Condition/Reason: With respect to necessary verbal
contacts and confirmations which occur between the
department rid the employee when sick leave is
requested or verified, a brie statement in non-technical
terms from the employee regarding inability to work due to
injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject
to appointing authority approval, by an employee in pay
status, but only in the following instances:
a4 Tempo,ra!-y Illness or Iniury of an Employee. Paid
sick leave credits may be used when the
employee is off work because of a temporary
illness or injury.
by Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
CNA - 64 - 2002-2005 MOU
TI 1 - SICK LEAVE
disabling physical injury or illness and is thereby
prevented from engaging In any County
occupation for which the employee is qualified by
reason of education, training r experience. Sick
leave may be used by permanently disabled
employees until all accruals of the employee have
been exhausted or until the employee is retired
by the Retirement Board$ subject to the following
conditions:
9 An application for retirement du to disability
has been filed with the Retirement Board.
s Satisfactory medical evidence of such
disability is received by the appointing
authority within thirty days of the start of
use of sick leave for permanent disability.
3. The appointing authority may review medical
evidence and order further examination a
deemed necessary, and may terminate use
of sick leave when such further examination
demonstrates that the employee is not
disabled, or when the appointing authority
determines that the medical evidence
submitted by the employee is insufficient, or
where the above conditions have not been
met.
C. Communicable Disease. An employe may use
paid sick leave credits when under a physician's
CNA - 65 - 2002=2005 MOU
SECTION 1 - SICK LEAVE
order to remain secluded due to exposure to
communicable disuse.
dY Sick Leave Utilization for Fire nangy Disability.
bilit
Employees whose disability is caused or
contributed to by pregnancy, miscarriages
abortion, childbirth, or recovery therefrom, shall
be allowed to utilize sick leave credit to the
maximum accrued by such employee during the
period of such disability under the conditions set
forth below:
s Application for such leave rust be rade by
the employee to the appointing authority
accompanied by a written statement of
disability from the employee's attending
physicians The statement must address itself
to the employee's general physical condition
having considered the nature of the work
performed by the employee, and it must
indicate the date of the commencement of
the disability as well as the date the
physician anticipates the disability to
a If an employee does not apply for leave and
the appointing authority believes that the
employee is not able to properly perform her
work or that her general health is impaired
due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth
or recovery therefrom the employee shall be
CNS - 66 - 2002-2005 MO
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SECTION 1 - SICK LEAVE
required to undergo a physical examination
by a physician selected by the County..
Should the medical report so recommend,
mandatory leave shall be imposed upon the
employee for the duration of the disability.
3. Sick leave may not be utilized after the
employee has been released from the
hospital unless the employee has provided
the County with a written statement from her
attending physician stating that her disability
continues and the projected dates of the
employee's recovery from such disability,
. Medical and Dental Appointments. An employee
may use paid sick leave credits:
s For working time used in keeping medical
and dental appointments for the employee's
own care; and
K For working time used by ars employee for
pre-scheduled medical and dental
appointments for an immediate trail
member.
r.
pEmeraenc Care of Famil s An employee may
use paid sick leave credits for working time used
in cases of illness or injury to an immediate family
member.
CNA . 67 . 2002=2005 MOU
SECT/OLS 1 ® SICK LEAVE
gs Death of Family Member, An employee may use
paid sick leave credits for working time used
because of a death in the employee's brit
family, or of the employee's domestic partner, but
this shall not exceed three working days, plus
up to two (2) days of work time for necessary
travels Use of additional accruals including sick
leave when appropriate may be authorized in
conjunction with the bereavement leave at the
discretion of the appointing authority.
h. Le
,gal Adotion of a Childs Paid sick leave credits
may be used by ars employee upon adoption of
the child.
L Accumulated paid sick leave credits m not b
used in the following situations.
a Vacation. Paid sick leave credits may not be
used for an employee's illness or injury which
occurs while he is on vacation but the County
Administrator may authorize it when
extenuating circumstances exist and the
appointing authority approves¢
2. blot in y ttse Paid sick leave credits
may not be used when the employee would
otherwise be eligible to use paid sick leave
credits but is not in pay status.
14.4 Administrationf Sick Camra, The proper
administration tion of sick leave is a responsibility of the
CNA - 68 - 2002-2005 MOU
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SECTION 1 - SICK LEAVE
employee and the department head. The following
procedures apply:
A Employee R@§ponsibilities
s Employees are responsible for notifying their
department n absence prior to the
commencement their work shift or as soon
thereafter as possible. Notification shah
include the reason and possible duration of
the absences
Employees in the Hospital Nursing Service
are required to notify the Nursing Office at
least two hours prior to any shift if they
are calling in sick. Employees in the
Ambulatory Care Nursing Service are
required to call in at least one hour prior
to the scheduled shift and leave a message
in voice mail. Notification shall include the
reason and possible duration of the absences
If, due to circumstances beyond the
employee's control, the employee is unable
to call within the above mentioned time
frames, he/she will call as soon thereafter as
possible.
s Employees are responsible for keeping their
department informed on e continuing basis of
their condition and probable date of return to
work.
CNA - 69 . 2692-2005 MOU
SECTION 14 - SII{LEAVE
s Employees are responsible for obtaining
advance approval from their supervisor for
the scheduled time of pre-arranged personal
or family medical rid dental appointment.
s Employees are encouraged to keep the
department advised of ) a current
telephone number to which sick leave related
inquiries may be directed, and ) any
condition(s) and/or restriction that may
reasonably be imposed regarding specific
locations rid/or persons the department
may contact to verify the employee's sick
leave.
by Department Respo sibilitiY The use of sick
leave may properly be denied if these procedures
are not followed. Abuse ®f sick leave on the part
of the employee is cause for disciplinary action,
Departmental approval of sick leave is a
certification of the legitimacy of the sick leave
claim. The department ent head or designee may
make reasonable inquiries about employee
absences. The department may require medical
verification for an absence of three 3) or more
working days. The department may also require
medical verification for absences of less than
three 3 working days for probable cause if the
employee had been notified in advance in writing
that such verification was necessary, Inquiries
may be rade in the following ways:
CNA - 70 - 2002-20€ 5 MOU
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`CTION 14 - SICK LEAVE
Calling the employee's residence telephone
number or other contact telephone number
provided by the employee if telephone
notification was not made in accordance with
departmental sick leave call-in guidelines.
These inquiries shall be subject to any
restrictions imposed by the employee under
Section 4494.
s Obtaining the employee's signature on the
Absence/Overtime Record, or on another
form established for that purpose, as
employee certification of the legitimacy of the
claim.
a Obtaining the employee's written statement
f explanation regarding the sick leave dirt.
42 Requiring the employee to obtain
physician's certificate or verification of the
employee's illness, date(s) the employee was
incapacitated, and the employee's ability to
return to works as specified above.
5. In absences of an extended nature, requiring
the employee to obtain from their physician
statement of progress and anticipated date
n which the employee will be able to return
to work, as specified above.
Department heads are responsible for
establishing timekeeping procedures which
CNA - 71 - 2002-2005 MOU
SECTION 14 - SICK LEAVE
will insure the submission of a time card
covering each employee absence and for
operating their respective offices i
accordance with these policies and with
clarifying regulations issued by the Office of
the County Administrator.
To help assure uniform policy application,
the Human Resources Director or
designated management staff of the Duman
Resources Department should be contacted
with respect to sick leave determinations
about which the department is in debts
14.5 Disair,
A. An employee physically or mentally incapacitated
for the performance of duty is subject t
dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An
appointing authority after giving notice may place
an employee on leave if the appointing authority
has filed an application for disability retirement for
the employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
performance of the employee's duties.
z An appointing authority who has reasonable
cause to believe that there are physical or mental
health conditions present in an employee which
endanger the health or safety of the employee,
CNA - 72 - 2002-2005 MC U
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SECTION 1 - SICK LEAVE
other employees, or the publics or which impair
the employee's performance dirty, may order
the employee to undergo at County expense and
on the employee's paid time a physical, medical
examination by a licensed physician and/or
psychiatri
SECTION 14 - SICK LEAVE
examination by a licensed physician, and may
consider a report of the findings on such
examination. If the report shows that such
employee is physically or mentally incapacitated
for the performance of duty, the appointing
authority may take such action as deemed
necessary in accordance with appropriate
provisions of this 19
14.6 Workers' Compensation And Continglo a n
permanent nor -safety employee shall continue to
receive the appropriate percent of regular mthly salary
for all accepted claims filed before January 1 $ 2000. For all
accepted claims filed with the County on or after January
11 2000, the percentage of pay for employees entitled to
Workers' Compensation shall be eighty-six percent %).
If Workers' Compensation becomes taxable, the County
agrees to restore the current benefit level (100% of
monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
A. Waiting g, Periods There is a three calendar day
waiting period before Workers' Compensation
benefits commence. If the injured worker loses
any time on the day of injury, that day counts as
day one (1 ) of the waiting period. If the injured
worker does not lose time on the day of injury, the
waiting period will be the flat three ) calendar
days the employee does not work as a result of
the injury. The time the employee is scheduled to
work during this waiting period will be charged to
the employee's sick leave and/or vacation
CNA - 74 - 2002-2005 MOU
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SECTION 14 - SICK LEAVE
accruals. In order to qualify for Workers'
Compensation the employee must be under the
care of a physician. Temporary compensation i
payable on the first three days of disability
when the injury necessitates hospitalization, or
when the disability exceeds fourteen days.
B. Continuing Pay, A permanent employee shall
receive % of regular monthly salaryduring any
period of compensable temporary disability not to
exceed one year. "Compensable temporary
disability absence" for the purpose of this
Section, is any absence due to work connected
disability which qualifies for temporary disability
compensation under Workers' Compensation
Law set forth in Division 4 of the California Labor
Code. When any disability becomes medically
permanent and stationary, the salary provided by
this Section shall terminate.inate. N charge shall be
made against sick leave or vacation for these
salary payments. Sick leave and vacation rights
shall net accrue for those periods during which
continuing pay i ,receiveda
Employees shall be entitled to a maximum of one
1 year of continuing pay benefits for any one
injury or illness.
Continuing pay begins at the carne time that
temporary Workers' Compensation benefits
commence and continues until either the member
ber
is declared medically permanent/stationary, or
CNA - 75 - 0 g MOU
TI 1 W IAC LEAVE
until one ( ) year of continuing pad , whichever
comes first provided the employee remains in an
active employed status. Continuing pay is
automatically terminated on the date an
employee is separated from County service b
resignation, retirement, layoff, or the employee is
no longer employed by the County@ in these
instances, employees will be paid Workers'
Compensation benefits as prescribed by
Workers' Compensation laws, All continuing pay
will be cleared through the Office of the County
Administrator, Risk Management Division.
Whenever an employee who has been injured on
the job and has returned to work is required by an
attending physician to leave work for treatment
during working hours the employee shall b
allowed time off up to three 3) hours for such
treatment without loss of pay or benefits. Said
visits are to be scheduled contiguous to either the
beginning or end of the scheduled work day
whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the
County as work related
C. Applicable a Beyond One Year. if an injured
employee remains eligible for temporary disability
beyond one year, applicable salary will continuo
by integrating sick leave and/or vacation accruals
with Workers' Compensation benefits (vacation
charges to be approved by the Department and
the employee). if salary integration is no longer
CNA - 76 - 2002-2005 MOU
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Sa E C TION1 - SICK LEA VE
available, Workers' Compensation benefits will b
paid directly to the employee as prescribed by
Workers' Compensation laws,
D. Rehabilitation Inte . An injured employee
who is eligible for Workers' Compensation
rehabilitation temporary disability benefits and
whose disability is medically permanent rid
stationary will continue to receive applicable
salary by integrating sick leaveand/or vacation
accruals with Workers' Compensation
rehabilitation temporary disability benefits until
those accruals are exhausted. Thereafter, the
rehabilitation temporary disability benefits will b
paid directly to the employee.
E. Health Insurances The County contribution to the
employee's group insurance plan continues
during the continuing pay period and during
integration of sick leave or vacation with Workers'
Compensation benefits.
F. Integration_ Formula. An employee's sick leave
and/or vacation charges shall be calculated as
follows..
- (W - )
Sick leave or vacation charge per day (in hours)
W Statutory Workers' Compensation for a month
Monthly salary
14.7 Labor-Manageme Labor-Mat Committee. On May 26,
981 the Board of Supervisors established a labor-
CNA
- 77 - 2002-2005 MOU
SE TION 14 - SICK LEAVE
management committee dr ini t r a rehabilitation
program for disabled employees. It is understood that the
benefits specified above in this Section 14 shall b
coordinated with the rehabilitation program as determined
by the labor- management committee.
14.8 ,accrual DgApq Leave Without Pa N
employee who has been granted a leave without pay or ars
unpaid military leave shall accrue any sick leave credits
during the time of such leave nor shall ars employee who is
absent without pay accrue sick leave credits during the
absence.
14.9 State i urance Effective July
1 1994, the County will begin a six-month pilot program
for employs eligible for State Disability benefits. At the
end of the six month pilot program, the County will
meet and confer to evaluate whether the plan will be
continued. Employees eligible for SDI benefits will b
required to make application for SISI benefits and to have
those benefits integrated with the use of their sick leave
accruals on the following basis;
General Provisions. The California SDI program provides
disability benefits beginning on the eighth calendar day
of a qualifying disability unless the employee is
hospitalized. Upon hospitalization, benefits can be payable
from the fiat day of the disability. If the disability exceeds
fourteen 4 calendar days, benefits can be payable from
the fiat day of the disability. The maximum period of state
disability payments is up to one year. Determination of SCSI
CNA - 78 - 2002-20 MOU
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SEAT '>- SICK LEAVE
payments r d eligibility to receive payments is at the sole
discretion of the State of California.
Integration means that employees will be required to use
sick leave accruals to supplement the difference between
the amount of the SDIpayment and the employee's base
monthly salary. Integration of sick leave with the SDI
benefit is automatic and cannot be waived. Integration
applies to all SDI benefits paid, For employees' off on SDI,
the department will make appropriate integration
adjustments, including retroactive adjustments if
necessary. Employees rust inform their department of
hospitalization in a timely manner r ire order for the
department to make appropriate integration adjustments,
State Disability benefit payments will be seat directly to the
employees at their home address by the State of
California.
When there are insufficient sick leave accruals available to
fully supplement the difference between the SDI' payment
and the employee's base monthly salary, accruals other
than sick leave may be used. Thane accruals may be used
only to the extent that total payments do not exceed the
employee's baso monthly salary.
Procedures, Employees with more than 1 .2 hours of sick
leave accruals at the beginning of the disability integration
period rust integrate their sick leave accrual usage with
their SDI benefit to the maximum extent passible.
When employees have 1 .2 hours or loss of sick leave
accruals at the beginning of the disability integration
CNA - 79 . 2002®2 MO
SECTION - SICK LEAVE
period, the department shall automatically use 0.1 hour of
sick leave per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration
with the SDI benefit terminates. n employee may use any
other accruals without reference to or integration with the
SDI benefits
When the SDI benefit is exhausted, sick leave integration
terminates. Then the employee may use sick leave or
ether accruals.
Employees with no sick leave balance at the beginning of
the disability integration period may use any other accruals
without reference to or integration with the SDI benefit.
Employees whose SDI claims are denied rust present a
copy of their claim denial to their departrnent. The
department will thea authorize use of unused sick leave
and shall authorize the use of ether accruals a
appropriate.
Employees may contact the Human Resources
Department, Benefits Services Unit, for assistance in
resolving problems.
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:
CNA - 80 - 2002-2005 MOU
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SECTION 1 $ SICK LEAVE
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 eight
hour/five day weekly work schedules during the period
f integrations
The formula for full time employees' sick leaveintegration
charges is shown below-,
- )
Employee Base Monthly Salary
H Estimated Highest Quarter (3m o ) Earnings [H = S X
W Weekly SDI Benefit from State of California SDI V%ekly Benefitgable
Calendar Days in each Month
D Estimated Monthly SDI Benefit [D = W= 7) x C
L Sick Leave Charged per Day
Permanent n part-firma, permanent-intermittent employees,
and those full time employees working a light/limited duty
reduced schedule program shall have their 'sick leave
integration adjusted accordingly,
Definition. "Base MonthlySalary" for purposes of sick
leave integration is defined as the salary amount for the
employee'sstep on the salary schedule for the employee's
permanent anen classification as shown in the "Salary" field on
theOn-Line Payroll Time Reporting System used by
departments for payroll reporting purposes.
CNA - 81 - 2002-2005 MOU
SECTION 1 - SICK LEAVE
Conversion to the New SDI Program. For all employees
receiving SDI benefits prior to July 13 1994, conversion to
the new SDI program operated by departmental payroll
staff will be coordinated by the Human Resources
Department, Benefits Division.
All employee SDI benefit checks received in the Human
Resources Department and signed over to the County by
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 9th pay warrants insofar as possible.
All Employee SDI benefit checks received, but not signed
over to the County, by June 30, 1994, will be returned to
the employee. All employee SDI benefit checks received
after Jure 3a1994, 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 fiat computation of SDI benefits and integration with
sick leave under the new program made on the August 10,
994 pay warrants covering the July 1994 payroll periods
14.10 Confidentiallitvof Information/ ,cords. Any
use of employee medical records will be governed by the
Confidentiality of Medical Information pct (Civil Code
Sections 56 to 55.25)¢
. . - 82 - 2002-2005 MOU
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SE TION 15 - CATASTROPHIC LEAVE BANK
CTI 1 - CATASTROPHIC LEAVE BANK
1541 Program . The Human Resources
Department ll'l 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
County wide bark wherein any employee who wishes t
contribute may authorize that a portion of his/her accrued
vacation, compensatory time, holiday compensatory time
r floating holiday be deducted from those art and
credited to the Catastrophic Leave Bank. Employees may
donate hours either to a specific eligible employee or to
the bank. Upon approval, credits from the Catastrophic
Leave Bank may be transferred to a requesting
employee's sick leave account so that employee may
remain in paid status for a longer period of time, thus
partially ameliorating the financial impact of the illness,
injury, or condition,
Catastrophic illness or injury is defined as a critical medical
condition, a long-tern major physical impairment irment r
disability which manifests itself during employment.
s _ rs 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 accounts Disbursement of accruals will b
subject to the approval of a six member committee
CNA - 83 - 2402-2005 MOU
TION 1 _ CA TA S TROPHIC LEA VE BANK
composed of three ( members appointed by the County
Administrator . and three ( members appointed by the
majority representative employee organizations. The
committee shall asst as necessary to consider all
requests for credits and shall make determinations s t
the appropriateness of the request. The committee shall
determine the amount of accruals to be awarded for
employees whose donations are ren®specifics
Consideration of all requests by the committee will be on
n anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to
recipient will be in the form of sick leave accruals and shall
be treated as regular sick leave accruals¢
To receive credits under this plan, an employee must have
permanent status, rust have exhausted all time off
accruals to a level below eight ( hours total, have applied
for a medical leave of absence and have medical
verification of need.
Donations are irrevocable unless the donation to the
eligible employee is denied. Donations may be rade in
hourly blocks with a minimum donation of not less than
four ( ) hours from balances in the vacation, holiday,
floating holiday, compensatory time, or holiday
compensatory time accounts. Employees who elect to
donate to a specific individual shall have seventy-five
percent (75%) of their donation credited to the individual
and twenty-five percent (25%) credited to the Catastrophic
Leave Bark®
,A - 84 - 2002-2005 MOU
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SECTION 15 - CATASTROPHIC LEAVE BANK
Time donated will be converted to a dollar value and the
dollar value will be converted back to sick leave accruals
t the recipient's base hourly rate when disbursed. Credits
will not be on a straight hour-for-hour basis. All
computations wiii be on a standard 173.33 basis, except
that employees on other than a forty hour week will
have hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty
040) hours or its equivalent per catastrophic evert; each
donor will be limited to one hundred twenty hours per
calendar year.
No element of this pian is grievable. All appeals from
either a donor or recipient will be resolved on a final basis
by the Director of Human Resources.
No employee will have any entitlement to catastrophic
leave benefits= The award of Catastrophic Leave will be at
the sole discretion of the committee, both as to amounts of
benefits awarded and as to persons awarded benefits.
Benefits may be denied, or awarded for less than six
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 o specific employee. In the event a donation is made t
a specific employee and the committee determines the
employee does not meet the Catastrophic Leave Bark
criteria, the donating employee may authorize the hours t
be donated to the bank or returned to the donor's account.
The donating employee will have fourteen calendar
CNA - 85 - 2002-2005 MOU
SECTION1 - LEAVE OF ABSENCE
days from notification to submit his/her decision regarding
the status of their donation, or the hours will be irrevocably
transferred to the Catastrophic Leavy Bank.
Any unused hours transferred to a recipient will b
returned to the Catastrophic Leave Barka
SECTION - LEAVE OF ABSENCE
16.1 Leave Without a Any employee who has
permanent nt status may be granted a leave € f absence
without pay upon written, requests approved by the
appointing authority; provided, however, that leaves for
pregnancy, pregnancy disability, serious health conditions,
and family care shall be granted in accordance with
applicable state and federal law.
16.2 General Adm1nistration - Leave of Absence.
Requests for leave of absence without pay shall be made
upon forms prescribed by the Director of Human
Resources and shall state specifically the reason for the
request, the date when it is desired to begin the leave and
the probable date of return.
As Leave without pay may be granted for any of the
following reasons:
K Illness, disability, or serious health condition,
2. pregnancy or pregnancy disability;
CNA - 86 - 2002-2005 MOU
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1 - LEAVE OFABSENCE
a family care;
a to take a course of study such as will
increase the employee's usefulness o
return to the employee's position;
p for other reasons or circumstances
acceptable to the appointing authority,
B. An employee must request family care leave at
least thirty ) days before the leaveis to begin
if the reed for the leave is foreseeable. if the
need is not foreseeable, the employee rust
provide written notice to the employer within five
) days of learning of the evert by which the
reed for family care leave arises.
leave without pay may be for a period not to
exceed one ) year, provided the appointing
authority may extend such leave for additional
periods. Procedure in granting extensionsshall
be the same as that in granting the original leave,
provided that the request for extension must be
made not later than thirty ) 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 s
requests it for up to eighteen ) weeks in each
calendar year period in accordance with Section
16.5 below.
CNA - 87 - 2402-2005 MOU
SECTION 1 - LEAVE OF ABSENCE
E. Wherever ars employee who has been granted
leave without any pay desires to return before the
expiration of such leave, the employee submit
request to the appointing authority in writing at
least fifteen days in advance of the proposed
return. Early return is subject to prior approval by
the appointing authority. The Human Resources
Department shall be notified promptly of such
return.
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
Illness, disability, or serious health condition, the
decision of the appointing authority granting or
denying leave or early return from leave shall
be subject to appeal to the Director of Human
Resources and not subject to appeal through the
grievance procedure set forth in Section 24 of this
1 .
16.3 Furlough Days W10t R Subject to the prig
written approval of the appointing authority, employees
may elect to take furlough days or hours ith ut pay (pre-
authorized absence without pay), Grp to a maximum o
fifteen calendar days for any one period. Longer pre-
authorized
r -
uth ri d absences without pay shall have their
compensation for the portion of the month worked
computed in accord with Section 5.1 Ofor
Portion of Month, of the MOU. Full time and part-time
employees who take furlough time shall have their
vacation, sick leave, floating holiday and any other payroll-
computed
yroll-
comput d accruals computed as though they had worked
CNA _ 88 - 2002-2005 MOU
SECTION 16 - LEAVE OFABSENCE
the furlough time. When computing vacation, sick leave,
floating holiday and other accrual credits for employees
taking furlough time, this provision shall supersede
Sections 13.5, 14.2, 14.8 and 15.1 of this MU regarding
the computation of vacation, sick leave, floating holiday
and other accrual credits as regards furlough time only.
For payroll purposes, furlough time (absence without pay
with prior authorization of the appointing authority) shall b
reported separately from other absences without pay t
the ,auditor-Controller. The existing VTO program shall be
continued for the life of the contract.
16.4 it e Any employee who is ordered t
serve as a member of the State Militia or the United States
Arrays Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the
rind of such services plus ninety g days. Additionally,
any employee who volunteers for service during a
mobilization under Executive Order of the President or
Congress of the United States and/or the State Governor
ire time of emergency, shall be granted a leave of absence
in accordance with applicable federal or state laws. Upon
the termination of such services or upon honorable
discharges the employee shall be entitled to return to the
employee's position in the classified service provided such
Mill exists and the employee is otherwise qualified, without
any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall
not, by reason of such absences suffer any loss of
vacation, holiday, or sick leave privileges which may b
accrued at the time of such leaves nor shall the employee
CNA - 89 - 2002-2005 MOU
SECTION 1 - LEAVE OF ABSENCE
be prejudiced thereby with reference to salary adjustments
r continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in
case of layoff or promotional examination, time on military
leave shall be considered as time in County service,
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidence of
performance of military service or of honorable discharge
s the Director of Human Resources may deem
necessary.
16.5 Family Care Leave or Medical Leave. Upon
request to the appointing authority, in each calendar year
any employee who has permanent status shall be entitled
to at least eighteen (18) weeks leave (less if so requested
by the employee) for:
. medical leave of absence for the employee's own
serious health condition which rakes the
employee unable to perform the functions of the
employee's position; or
b4 family care leave of absence without pay for
reason of the birth of a child of the employee, the
placement of a child with an employee in
connection with the adoption or foster care of the
child by the employee, or the serious illness or
health condition of a child, parent, spouse, or
domestic partner of the employee.
CNA - 90 - 2002-2005 MOU
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SECTION 1 - LEAVE
16.6 Medical Certification. The employee may b
asked to provide certification of the need for family care
leave or medical leaves Additional period(s) of family care
r medical leave may be granted by the appointing
authority.
16.7 IntermMent Use of Leave, The eighteen
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 leaves The
eighteen weeks may include use of appropriate
available paid leave accruals when accruals are used to
maintain pay status, but use of such accruals is not
required beyond that specified in Section 16.12 below.
When paid leave accruals are used for a medical or family
care leave, such time shall be courted as a part of the
eighteen week entitlement.
16.8 Aggregate Use for -SPOUSe. In the situation
where husband and wife are both employed by the County,
the family care of medical leave entitlement based on the
birth, adoption or foster care of a child is limited to ars
aggregate for both employees together of eighteen
weeks during each calendar year period. Employees
requesting family care leave are required to advise their
appointing th rity i s when their spouse is also
employed by the County.
. ffniffla For medical and family care leaves
of absence under this section, the following definitions
apply,
CNA - 2002-2005 MOU
SECTION 16 - LEAVE OF ABSENCE
a. Childsbiological, adopted, or foster child,
stepchild, legal ward, conservatee or a child who
is under eighteen years of age for whom n
employee steads in loco parentis or for whom the
employee is the guardian or conservator, or an
adult dependent child of the employee.
ba Parent: A biological, foster, or adoptive parent,
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 Partners An unmarried person, eighteen
pars or older, to whom the employee is not
related and with whom the employee resides and
shares the common necessities of life.
. Serious HealthCondition: An illness, injury,
impairment,merit, r physical or mental condition which
warrants the participation of a felly member to
provide care during a period of treatment or
supervision and involves either inpatient care in
hospital, hospice or residential health care facility
r continuing treatment or continuing supervision
y a health care provider .g9 physician or
surgeon) as defined by state and federal lave.
f. Certification for mi!y Care Leave: A written
communication to the employer from a health
care provider of a person for whose care the
CNA - 92 - 2002-2005 MOU
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SECTION 16 ® LEAVE OF ABSENCE
leave is being taken which need not identify the
serious health condition involved, but shall
contain.
Y the date, it known, on which the serious
health condition commenced;
2. the probable duration of the condition;
a. an estimate of the arra of time which the
employee needs to reader care or
supervision-,
s a statement that the serious health condition
warrants the participation of a family member
to provide care during period of treatment or
supervision;
e if for intermittent leave or a reduced ced work
schedule leave, the certification should
indicate that the intermittent leave ' r reduced
leave schedule is necessary for the care of
the individual or will assist in their recovery,
and its expected duration.
g¢ Certification for MedicalLeave.- A written
communication from a health care provider of ars
employee with a serious health condition or
illness to the employer, which reed not identify
the serious health condition involved, but shall
contain.
CNA - 93 - 2002-2005 MOU
SECTION1 - LEAVE OF ABSENCE
9 the dates if known, on which the serious
health condition commenced;
4 the probable duration of the condition;
x a statement that the employee is unable to
perform the functions of the employee's jobs
4e 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,
h9 Comparable Positions, A position with the same
or similar duties and pay which can be performed
t the same or similar geographic location as the
position held prig 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 ether staffing may have charged
during an employee's leave.
16.10 Pregnancy t Leave. Insofar as
pregnancy disability leave is used under Section 14.3.d
Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the eighteen week
family care leave period.
16.11 Group Health Plan Coy r e9 Employees who
were members of one of the group health plans prig to
CNS - 94 - 2002-2005 MOU
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SECTION 16 - LEAVE OF ABSENCE
commencement of their leave of absence can maintain
their health plan coverage with the County contribution b
maintaining their employment in pay status as described in
Section 16.12. During the eighteen ( weeks of an
approved medical or family care leave under Section 16.5
above, the County will continue its contribution for such
health plea coverage even if accruals are not available for
use to maintain pay status as required under Section
.12a in order to maintain such coverage, employees are
required to pay timely the full employee contribution t
maintain their group health pian coverage, either through
payroll deduction or by paying the County directly.
16.12 Leave Without e of Accruals.
A. All Leaves of Absence. During the first twelve
2) month period of any leave f absence
without pay, an employee may elect to maintain
pay status each month by using available sick
leave if so entitled under Section 14.3 - Policies
G vemin. the Use of Paid Sick Leave), vacation;
floating holiday, compensatory time off or other
accruals or entitlements; in other words, during
the first twelve 2 months, a leave of absence
without pay may b "broken" into segments and
accruals used on a monthly basis at the
employee's discretion. After the first twelve 2)
months, the leave period may not b "broken"
into segments and accruals may not be used,
except when required by LTD Benefit
Coordination or SDI/Sick Leave integration under
CNA - 95 - 2042@2005 MOU
SECTION 1 - LEAVE OF ABSENCE
Section 14.9 ® State Disalt l surance or as
provided in the sections below.
B. Family Care or Medical Leaves During the
eighteen weeks of an approved medical or
family care leave, if a portion of that leave will b
on a leave of absence without pay, the employee
will be required to use at least 0.1 hour of sick
leave if so entitled under Section 14.3 Policies
®vrir the Use of laid Sick Leave), vacation,
floating holiday, compensatory time off or other
accruals or entitlements if such are available,
although use of additional accruals is permitted
under subsection A. above.
C. Leave of .bark / erm iilltLTD)
Benefit Coordination. An eligible employee who
file an LTD claim and concurrently takes a leave
of absence without pay will be required to use
accruals as provided in Section B herein during
the eighteen ( ) week entitlement ent period of a
medical leave specified above. if an eligible
employee continues beyond the eighteen
weeks entitlement period on a concurrent leave of
absence/LTD claire, the employee may choose to
maintain further pay status only as alloyed 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.
CNA - 96 - 2002-2005 MOU
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SECTION 16 - LEAVE OF ABSENCE
16.13 Leave _ of Absence and
Re1nstatement. Any permanent employee who requests
reinstatement t the classification held by the employee in
the same d p rtrr r t� at the time the employee was
granted a leave of absence, shall be reinstated to a
position in that classification and department and thea only
n the basis of seniority. In case of severance from
service by reason of the reinstatement permanent
employee, the provisions of Section 11 - Seniority,
Workforce d tion off, & Reassignment shah apply.
16.14 Reinstatement From Care Medical
Leaves in the case of a fatally care or medical leave, an
employee on a 5/40 schedule shall be reinstated to the
same or comparable position if the return to work is after
no more than ninety work days of leave from the initial
date of a continuous leave, including use of accruals, or
within the equivalent on an alternate work schedule. A full
time employee taking an intermittent or reduced work
schedule leave shall be reinstated to the same or
comparable position if the return to work on a full schedule
is after no more than seven hundred twenty g hours,
including use of accruals, of intermittent or reduced
schedule leave, At the time the original leave is approved,
the appointing authority shall notify the employee in writing
f the final date to return to work, or the maximum number
f hours of leave, in order to guarantee reinstatement to
the same or comparable position. An employee on
schedule other than 5/40 shall have the time frame for
reinstatement t the same or comparable position adjusted
on a pro rata basis.
CNA - 97 - 2002-2005 MOU
SECTION 17 - JURY DUTY AND WITNESS DUTY
16.15 clary Review While on Leave of Absence.
The salary of an employee who is n 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 ) months during the preceding year,
shall be reviewed on the anniversary date. Employees on
military leave shall receive salary increments that may
accrue to them during the period of military leave.
16.16 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty after
a leave request has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration of
a leave, shall be without pay. Such absence may also be
grounds for disciplinary action.
16A 7 Non- 1 %, Other MOU language on this
subject, not in conflict, shall remain in effect.
CTI 1 - JURY DUTY AND WITNESS
17.1 Jur Duty. For purposes of this Section, jury duty
shall be defined as any time an employee is obligated to
report to the courts
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 dray.
CNA - 98 - 202-2005 MOU
SECTION 17 8 JURY DUTY AND WITNESS 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 thea.
When an employeeis summoned for jury dray selection or
is selected as a juror in a Municipal, Superior or Federal
Court, employees may remain in a regular pay status i
they waive all tees (other than mileage , regardless of shift
assignment and the following chairapply:
Y. it ars employee elects to remain in a regular pay
status and waive or surrender all fees '(other than
mileage), the employee chair obtain from the
Clark or Jury Commissioner a certificate
indicating the days attended and noting that fees
other than mileage are waived or surrendered,
The employee shall furnish h the certificate to his
department where it will be retained as a
department records N "Absence/Overtime
Record" is required.
s An employee who erects to retain all fees rust
take leave (vacation, floating holiday, etc.) or
leave without pays No court certificate is required
but a " nce/Overtime Record" must be
submitted to the department payroll clerks
Employees are not permitted to engage in any
employment regardless of shift assignment or occupation
CNA - 99 - 2002-2005 MOU
CTI 17 - JURY DUTY AND WITNESS DUTY
before or after daily jury service that would affect their
ability to properly serve as jurors.
An employee on short notice standby to report to court,
whose job duties make short notice response impossible
or impractical, shall be giver� alternate work assignments
for those days to enable therm to respond to the court o
short notice.
When an employee is required to serve on jury duty, the
County will adjust that employee's work schedule to
coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests
otherwise. Participants in 9/80 or 4/10 work schedules will
not receive overtire or compensatory time credit for jury
duty on their scheduled days off¢
Permanent-intermittent employees are entitled to paid jury
duty leave only for those days on which they were
previously scheduled to work°
17.2 Witness D a 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 tura over to the
County all fees and expenses paid to them, ether than
mileage allowance, or they may take vacation leave or
leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or
personal matters (es g., accident suits and family relations)
shall take vacation leave or leave without pay and retain all
witness fees paid to therms
CNA - 100 - 2002-2005 MOU
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SECTION 18 - HEALTH., LIFE & DENTAL CARE
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty as set forth In Section 17 of
this MUQ Employees shall advise their department a
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.
SECT[ - L CARE
18.1 County Plans. The County will continue to offer
existing County Group Benefit Programs of medical, dental
and rife insurance coverage through December 31 , 1999
to all permanent employees regularly scheduled to work
twenty or more hours per week. Effective January
2000$ the County will offer Group Benefit Programs for
medical, dental and life insurance coverage to all
permanent employees regularly scheduled to work twenty
hours or more per week as described in the
September 30, 1999 agreement (Attachment between
the County and the Labor Coalition.
18.2 Rate Information. The County Benefits Division
will make health and dental pian rate information available
upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to
employees and departments information about rate
charges as they occur during the year.
CNA _ 101 - 2002-2005 MOU
SECTION 18 - HEALTH, LIFE & DENTAL CARE
Any increase in the health Plan costs greater than the
County contributions identified above occurring during the
duration of this MOU shall be borne by the employee.
18.3 Medicare Q Corresponding Medicare rates
for employees covered under this MOU shall be as follows:
for Employee Only on Medicare by taking the Employee
Only rate for the option selected and subtracting the
monthly Part B Medicare premium withheld from Social
Security payments for one enrollee; for Employee and
Dependent(s) with one member on Medicare by taking the
Employee and Dependent(s) rate for the option selected
and subtracting the monthly Part B Medicare pr r i rn
withheld from Social Security payments for one enrollee;
for Employee and Dependent(s) with two members on
Medicare by taking the Employee and Dependent(s) rate
for the option selected and subtracting the monthly Part
Medicare premium ium withheld from Social Security payments
for two enrollees.
18.4 Partial Month. The County's contribution to the
Health Plan premium is payable for any month in which the
employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the
premium, the employee must make up the difference by
remitting the amount delinquent to the Auditor-Controller.
The responsibility for this payment rests with the
employee. If payment is not made, the employee shall be
dropped from the health plea An employee is thus
covered by the health plan for the month in which
compensation tion is paid.
CNA - 102 - 2002-2005 MOU
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SEC I ION 8 _ HEAL M, LIFE & DENrALCARE
18.5 Coverage _ wring Absences. An employee
approved leave shall be allowed to continue his/her health
pian coverage at the County group rate for twelve
months provided that the employee shah pay the satire
premium for the health pian during said leave.
An employee on leave in excess of twelve month
may continue health pian coverage by converting to a
individual health plan option (if available) or continuing
group coverage subject to the provisions of the
Consolidated Omnibus Budget Reduction Act (COBRA)
provided the employee pays the entire cost of coverage,
plus any administrative fees, for the option selected, The
entire cost of coverage shall be paid at a place and time
specified by the County. Late payment may result i
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 b
the County.
18.6 Retirement r s Upon retirement,
employees may remain i the same County group medical
plan if immediately before their retirement they are either
active subscribers to one of the County HealthPlans or it
on authorized leave of absence without pay they have
retained their membership by either continuing to pay their
monthly premiums to the County by the deadlines
CNA - 103 - 2402-2005 MOU
SECTION 1 _ HEALTH, LIFE & DENTAL CARE
established by the County or converting to individual
conversion membership from the County plea through the
medical plan carrier, if available.
18.7 Dual Coverage. If a husband and wife both work
for the County and one of thea is laid off, the remaining
eligible shall be allowed to enroll, or transfer into the health
coverage combination of his/her choice.
An eligible employee who is no longer covered for medical
r dental coverage through a spouse's coverage shall b
allowed to enroll or transfer into the health coverage
combination f his/her choice within they ) days of the
date coverage is no longer afforded under the spouse's
plan=
18.8 Health Cary unt. The County will
offer regular full-tine and part-tine (20/40 or greater)
County employees the option to participate in a Health
Care Spending Account 1 Program designed t
qualify for tax savings € nd r Section 125 of the Internal
Revenue Code, but such savings are not guaranteed. The
HCSA Program allows employees to set aside a pre-
determined
r -
d t rmin d amount of money from their paycheck, not to
exceed $2,400, for health care expenses not reimbursed
by any other health benefits plan with before tax dollars.
Effective January 1 , 2000$ this amount shall be increased
t $3000 per year. HCSA dollars can be expended on any
eligible medical expenses allowed by Internal Revenue
Code Section 125. Any unused balance cannot b
recovered by the employee.
CNA - 104 - 2002-2005 MCU
SECTION 1 - HEALTH, LIFE & DENTAL CARE
18.9 PERS M Term Care. The County proposes t
deduct and remit monthly premium and eligible lists to the
PERS Long Term Care Administrator, at no County
administrativecost, for County employees who are eligible
and voluntarily elect to purchase ion, term care through
the PERS Long Term Care Program.
The County further agrees that County employees
interested in purchasing PERS Long Term Care may
participate in meeting scheduled by PERS Long Term
Care on County facilities during non-work hours. (e.g.;
coffee breaks, lunch hour).
18.10 DeferredRetirement. Effective two months
following an approved agreement, employees who resign
and file for a deferred retirement may continue in their
County group health and dental pian, the following
conditions and limitations apply-
a. Life insurance coverage is not included.
be To be eligibleto continuehealth and dental
coverage, the employee rust-
R be qualified for a deferred retirement under
the 1937 Retirement .pct provisions.
Q be an active member of a County group
health and/or dental plea at the time of filing
their deterred retirement application and
elect to continue health benefits.
CNA _ 1105 - 2002-2005 MOU
SECTION18 m HEALTH., LIFE & DENTAL CARE
Q be eligible for a monthly allowance from the
Retirement System and direct receipt of
monthly allowance within twenty four )
months of their application for deferred
retirement.
Q file an election to defer retirement and t
continue health benefits hereunder with the
County Benefits Division within thirty )
days before their separation from county
service.
C. Deferred retirees who elect continued health
benefits hereunder may maintain continuous
membership in their County healthand/or dental
plan group during the period of deferred
retirement at their fall personal expense, by
paying the full premium for their health and dental
coverage on or before the eleventh ( '1 t ) of each
month to the Auditor-Controllers 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.
da Deferred retirees who elect continued health
benefits hereunder may elect not to maintain
participation in their county health rid/car dental
plan during their deferred retirement period; and
may instead qualify for the same coverage and
county subvention in any County health and/or
dental plan when they begin to receive retirement
CNA - 106 - 2002-2005 MOU
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SECTION 1 - PROBATIONARY PERIOD
benefits as retirees who did not defer retirement
are entitledo provided reinstatement County
group health and/or dental plea with county
subvention occurs no sooner than the first of the
month following full three calendar month
welting period after the commencement of their
monthly allowance.
s Eligibility for County subvention will not exist
hereunder unless and until the member draws
monthly retirement allowance within not more
than twenty tour months °rr' separation
from County services
R Deferred retirees are required to meet the same
eligibility provisions for health/dental plans as
active/retired employees.
18-111 Child Care. The County will continue' to support
the concept of non-profit child care facilities similar to the
"Kid's at Work: program established in the Public Works
Department.
PROBATIONARYSECTION 19 -
19.1 Duration. All appointments from officially
promulgated employment lists for original entrance or
promotion shall be subject to a probationary period. This
period shall be from six months to two years
duration.
CNS - 107 - 2002-2005 MOU
SECTION 19 - ,SRO AT/ PERIOD
19.2 `hose classes represented by the Association
which have probation periods in excess of six months;
None.
19.3 When the probationary period for a class i
charged, only new appointees to positions in the
classification shall be subject to the revised probationary
period.
19.4 The probationary period shall commence from the
date of appointment. It shall not include time served in
provisional or temporary appointments or any period of
continuous absence exceeding fifteen calendar days
except as otherwise provided by law. For those employees
appointed to permanent-intermittent positions with a six )
months probation period, probation will be considered
completed upon serving orae-thousand §00 hours after
appointment except that in no instance will this period be
less than six calendar months from the beginning of
probation. If a permanent-intermittent probationary
employee is reassigned to full-time, credit toward
probation completion in the fell-tire position shall be
prorated on the basis of one hundred seventy-three 7
hours per month. For employees appointed to permanent
part-time positions with a six month probation period,
probation will be considered completed after serving six ( )
months in the permanent part-time position=
119.5 Rejection D urine Probation. An employee who
is rejected during the probation period and restored to the
eligible list shall begin a new probationary period if
subsequently certified and appointed.
CNA - 108 - 2002-2005 MO
SECTION 19 -PROBATIONARY PERIOD
A. Appeal from rejection. Notwithstanding any other
provisions of this section, an employee
(probationer) shall have the right to appeal from
any rejection during the probationary period
based on political, or religious or union activities,
r race, color, national origin, sex, age, disability
r sexual orientation.
K The appeal must be written, must be signed b
the employee and set forth in facts by which it i
claimed that grounds for appeal exist under
Subsection A and must be flied through the
Director of Human Resources to the Merit Board
b .m. on the seventh (7th) calendar day
after the date of delivery to the employee of
notice of rejection.
C. The Merit Board shah consider the appeal, and i
it finds probable cause to believe that the
rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter
to a Hearing Officer for hearing, recommended
findings fact, conclusions of law and decision,
pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected
probationer has the burden of proof.
D. If the Merit Board finds no probable cause for
hearing, it shah deny the appeal. If, after bearing,
the Merit Board upholds the appeal, it bi direct
that the appellant shah begin a new probationary
CNA - 109 - - Q MOU
ii
i
"
WeE C TION 19 - PROBA TIONAPERIOD
An employee dismissed for other than disciplinary reasons
within six months after being promoted or transferred
from a position in the Merit System to a position not
included in the Merit System shall be restored to a position
in the classification in the department from which the
employee was promoted or transferred.
probationary employee who has been rejected or has
resigned during probation shall not be restored to the
eligible fist from which the employee was certified unless
the employee receives the affirmative recommendation
from the appointing authority and is certified by the
Director of Human resources whose decision is final.
The Director of Human resources shall not certify the
name of a person restored to the eligible list to the same
appointing authority by whom the person was rejected
from the same eligible list, unless such certification i
requested in writing by the appointing authority.
19.7 Lpyoff During., Probation. An employee who is
laid off during probations if reemployed in the same class
by the same department, shall be required to complete
only the balance of the required probations
If reemployed in another department or in another
classification, the employee shall serve a full probationary
period, An employee appointed to a permanent position
from a layoff or reemployment yment list is subject to d probation
period if the position is in a department other than the
department from which the employee separated,
displaced, or voluntarily demoted in lieu of layoff. An
CNA - 111 - 2002-2005 MOLD
SECTION 20 s PROMOTION
appointment from a layoff or reemployment list is not
subject to a probation period if the position is in the
department fr m which the employee separated, displaced
or voluntarily demoted in lieu of layoff.
19.8 Reiection During ProbAtIon of L
Employee. n employee who has achieved permanent
status in the class before layoff and who subsequently i
appointed from the layoff list and thea rejected during the
probation period shall be automatically restored to the
layoff list, unless discharged for cause, if the person i
within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and
appointed in a different department or classification than
that from which the employee was laid off.
SECTION2 - PROMOTION
20.1 Promotion shall be by competitive examination
unless otherwiseprovided in this MOU.
20.2 Promotion i s The Director of Human
Resources, upon request of an appointing authority, shall
determine whether an examination is to be called on
promotional basis.
20.3 Promotion via Reclassification Without
Examinatolon. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her position
CNA - 112 - 2002-2005 MOU
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SECTION 20 - PROMOTION
reclassified at the request of the appointing authority and
under the following conditions=
evaluation of the position(s) in question must
show that the duties and responsibilities have
significantly increased and constitute a higher
level of work.
ba The incumbent of the position must have
performed at the higher level for one year.
C. The incumbent must meet the minimum
education and experience requirements for the
higher class.
ds The action must have approval of the Director of
Human Resources=
s The Association approves such action.'
The appropriate rules regarding probationary status and
salary on promotion are applicable.
20.4 -_Reguirements for Promotional Standing. In
order to qualify for an examination called on a promotional
basis, an employee must have probationary or 'permanent
status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted t
promotional examinations only if the requirements are met
on or before the final filing date. if an employeewho i
qualified on a promotional employment list i separated
CNA - 113 - 200262005 MOU
SECTION1 - TRANSFER
from the merit system, except by layoff, the employee's
mama shall be removed from the promotional list.
2085 Senlr rd iso Employees who have qualified
to take promotional examinations and who have earned
total score, not including seniority credits, of seventy
percent (70%) or more, shall receive, in addition to all
other credits, five orae-hundredths (.g f one percent for
each completed month of service as a permanent County
employee continuously preceding the final date for filing
application for said examination. For purposes of seniority
credits, leaves of absence shall be considered as service.
Seniority credits shall be included in the final percentage
score from which the rank on the promotional l list is
determined. No employee, however, shall receive more
than a total of five percent (5%) credit for seniority in any
promotional examination.
20.6 County employees who are required as pert of the
promotional l x min tion process to take a physical
examination shall do so on County time at County
expense.
CTI 21 - TRANSFER
21 .1 The following conditions are required in order to
qualify for transfer:
a. The position shall be in the same class, or if in
different class shall have been determined by the
Director of Human Resources to be appropriate
CNA - 114 - 2002-2005 MOU
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SECTION 21 - TRANSFER
for transfer on the basis of minimum qualifications
and qualifying procedure;
hz the employee shall have permanent status In the
merit system and shall be in good standing-,
CII the appointing authority or authorities involved in
the transaction shall have indicated their
agreement in writing;
da the employee concerned shall have indicated
agreement to the change in writing;
o. the Director of Human Resources shall have
approved the changes
Notwithstanding the foregoing, transfer may also be
accomplished through the regular appointment procedure
providedthat the individual desiring transfer has eligibility
on a list for a class for which appointment is being
conldrda
21.2 Any employee or appointing authority who desires
to initiate a transfer may inform the Director' of Human
Resources in writing of such desire stating the reasons
therefore. if the Director of Duman Resources considers
that the reasons are adequate and that the transfer will be
for the good of the County service and the parties
involved, the Director of Human resources shall inform
the appointing authority or authorities concerned and the
employee of the proposal and may take the 'initiative in
accomplishing the transfers
CNA 20'02-2005 MOU
SECTION 21 - TRANSFER
21 .3 Bid Procedure. Permanent employees in all
cusses represented by this bargaining unit may bid on
open jobs in the same classification throughout the Health
Services Department. All open jobs will be offered t
presently assigned permanent employees for bid. The
following procedures shall apply.-
Y 1 nsibi&. Implementation of the bidding
procedure is the responsibility of the Supervisor
("Supervisor") of the vacated or newly created
positions
be Job Notices Posted diveLJ Days
only. Open job
notices shall be posted for five ) calendar days
in specific locations mutually agreed upon by the
,association and the County. RN and FNP
postings shall be maintained in binders at the
Nursing Administration office and at Health
Services Personnel. All postings shall be retained
for forty-five ( days. The notice shall specify all
job factors and shall be posted only once. if there
are no bidders, the department ent head may fill the
position by using the Merit System eligible list or
by making internal reassignments.
late bid shell be accepted if the nurse can
demonstrate he/she was authorized to be off
during the entire posting period.
C. All erg Jobs Must be Posted. All job openings
which may occur by creation of neer jobs,
CNA - 116 - 2002-2005 MOU
sEcnON1 - TRANSFER
separation, promotion, demotion or reassignment
must be posted for permanent employee bidding.
d. Eliqible Bidders= All permanent full time,
permanent part-tire and permanent-intermittent
employees in the health Services Department
may bid on any open permanent position in the
safe classification anywhere else in the Health
Services Department including Public Health.
Employees who are in temporary or provisional
positions and employees stili on probation in
permanent position may not bid.
s Bidder Selection. The Supervisor shall interview
each employee submitting a bid and select the
person to fill the position they deem most
qualified by virtue of education, training, and
experience. In the event two or more bidders are
equally well qualified, the position will be filled by
the most senior employee submitting a bid. In all
cases, the person selected must possess the
minimum qualifications cation described in the job
specification) for the skill level of the position they
are selected to fill i, . trainee, entry,
experienced, advanced, . Q Unsuccessful
bidders will be so notified in writing on forms
agreed to between the Association and the
Department soon as possible following the
conclusion of the interviews, but not later than the
date upon which the successful bidder is notified
f selection. The bid results form is not an
CNA - 117 - 2002-2005 MOU
SECTION 22 - RESIGNATIONS
employment record and will not be used for
subsequent employment related decisions.
f. No Old Job Claim. The selected bidder shah have
no claim on the job that the selected bidder left. it
the decision is made by either the supervisor or
the employee to seek immediate reassignment,
the employee must take another open job (riot bid
on . The old job may not be reclaimed because
the employee Dace held it.
a Minimum Job Ti m 3 Months. Employees must
have had three months in their reassigned
position before they may _ bid on another open
positions Time period begins the data they begin
working in the new assignment.
he Biddi on Leave. Employees interested in
a particular assignment and wishing to be notified
of ars open position while on authorized absence
from work (riot day off) may leave a bid form or a
self-addressed, stamped envelope with the
Supervisor of the position in which they are
interested.
SECTION 22 - RESIGNATIONS
.n employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the
Human Resources Department by the appointing authority
immediately on receipts and shah indicate the effective
CNA Q 2002-2005 MOU
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SECTION --RESIGNATIONS
date of termination. Oral resignation shall be immediately
confirmed b the appointing authority in writing to the
employee and to the Human Resources Department and
shall indicate the effective bate of terminations
22.1 Resignation_ in Good Stangy. A resignation
giving the appointing authority written notice at least two
2 weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notices or
consents to the employee's terminating n shorter notice)
is a resignation in good standings
22.2 ConstructiveRe . A constructive
resignation occurs and is effective when:
ae an employee has been absent from duty for ten
consecutive working days without leave, and
ba tart more consecutive days have elapsed
without response by the employee after the
mailing a notice of resignation by the
appointing authority to the employee at the
employee's last known address.
22.3 _Effective t o A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
22.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing intin authority,
CNA - 119 - 2002-2005 MOU
SECTION 22 - RESIGNATIONS
22.5 Coerced 4
f061f610fl00Y00W0 YIWIX
A.
Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven 7
calendar days after its expression, by serving
written notice on the Human Resources Director,
and a copy on the appointing authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it shall
be revoked and the employee returned to duty
effective on the day following the appointing
authority's acknowledgment without loss of
seniority or pays
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 Human resources Director
waiving the employee's right of appeal to the
Merit Board in favor of the employee's appeal
rights under the grievance procedure contained i
Section 24 of the MOU beginning with Step 3.
Fspositiona If e final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the
CNS - 120 - 2002-2005 MOU
SECTION 22 - RESIGNATIONS
employee returned to duty effective on the day
following the decision but without loss of seniority
r pay, subject to the employee's duty to mitigate
damages.
216 for Reemployomenta Within one
year of resignation in good standing from County service,
person who has had permanent status which included
satisfactory completion of probation may make application
by letter to the Human Resources Director for placement
n a reemployment list as follows: the class from which the
person resigned; or any one class of equal or lesser rank
in the occupational series and in which the person had
previously attained permanent status$ or for any class or
deep class which has replaced the class in which the
parson previously had status, provided that the person
meets the minimum requirements for the new class. if the
appointing authority of the department from which the
parson resigned recommends r r ployrr nt the Human
an
Resources Director shall grant reemployment privileges to
the person, If the appointing authority does not
recommend reemployment, the employee may appeal to
the Human Resources Director. Consideration of names
from a reemployment list is mandatory if the appointing
authority recommended r mpl yment of the individuals
listed but is optional for other appointing authorities.
CNA - 121 - 2002-2045 MOU
SECTION 2 - DISMISSAL, SUSPENSION, AND DEMOTION
SECTION3 - DISMISSAL, SUSPENSION, AND
DEMOTION
2381 The appointing authority may dismiss, suspend,
or demote, any employee for cause. The following are
sufficient causes for such action; the list is indicative rather
than inclusive of restrictions and dismissal, suspension or
demotion may be based on reasons other than those
specifically mentioned:
s absence without leave$
bs conviction of any criminal act involving moral
turpitude$
C. conduct tending to bring the merit system into
disrepute;
ds disorderly or immoral conduct;
ea incompetence or inefficiency;
fa insubordination;
gs 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 remises;
hs neglect of duty;
CNA - 122 - 20 2-2005 MOU
.. .................................
SECTION 2 ' $ DISMISSAL, SUSPENSION,, AND DEMOTION
Q negligent or willful damage to public property or
waste of public supplies or equipment,
a violation of any lawful or reasonable regulation or
order given by a supervisor or Department Head,
a willful violation of any of the provisions of the
merit system ordinance or Personnel
Management Regulations;
1, material and intentional misrepresentation or
concealment of any fact in connection with
obtaining rrpl yment,
M. misappropriation of County funds or property,.-
n.
roperty,n. unreasonable failure or refusal to undergo any
physical, radial and/or psychiatric exam and/or
treatment authorized by this MOU,
p dishonesty or theft;
P. excessive or unexcused absenteeism and/or
tardiness-
p- sexual harassment, including but not limited t
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the
purpose or affect of affecting employment
decisions concerning an individual, or
unreasonably interfering with an individual's work
CNA - 123 - 2002-2005 MOU
SECTION 23 m DISMISSAL, SUSPENSION, AND DEMOTION
performance, or creating an intimidating and
hostile working environment.
23.2 akellypair eats. Notice of Proposed Action
(Skelly Notice). Before taking a disciplinary action to
dismiss, suspend for more than five (5) work days (four (
work days for employees on 4/10 work week), demote or
reduce in salary any employee, the appointing authority
shah cause to be served personally or by certified rail on
the employee, a Notice of Proposed Action, which shall
contain the following:
aQ A statement of the action proposed to be taken.
bx A copy of the charges, including the acts or
omissions and grounds upon which the action is
based.
Ca If it is claimed that the employee has violated a
rule or regulation of the County, department or
district, a copy of said rule shall be included with
the notice.
d. A statement that the employee may review and
request copies of materials upon which the
proposed action is based.
. A statement that the employee has seven (7
calendar days to respond to the appointing
authority either orally or in writing.
CNA - 124 - 2002-2005 MOU
SECTION 23 - DISMISSAL, SUSPENSION, AND DEMOTION
EMploye sa The employee upon whom a Notice
f Proposed action has been served shall have seven
calendar days to respond to the appointing authority either
orally or in writing before the proposed action may b
takers Upon request of the employee and for good cause,
the appointing authority may extend in writing the period t
respond. If the employee's response Is not filed within
seven days or during any extension, the right t
respond is lost.
23.3 Leave Pending Employes Response. Pending
response to a Notice of Proposed Action within the first
seven days or extension thereof, the appointing
authority for cause specified it writing may place the
employee r temporary leave of absence, with pays
23.4 Length of Suspensions. Suspensions without
pay shall not exceed thirty days unless ordered by an
arbitrator. an adjustment board or the Merit Boards
2345 Procedure on Dismissal i , or
iiir� r emotions
A. In any disciplinary action to dismiss, suspend, or
demote an employee having permanent t states in
a position in the merit system, after having
complied with the Skelly requirements where
applicable, the appointing authority shall make an
order in writing stating specifically the causes for
the actions
CNA - 125 - 2002-2005 MOU
SECTION23 - DISMISSAL, SUSPENSION, AND DEMOTION
B. Service of order. Said order of dismissal,
suspension, or demotion shall be filed with the
Human Resources Director, showing by whom
and the date a copy was served upon the
employee to be dismissed, suspended or
demoted, either personally or by certified mail to
the employee's last known mailing address. The
order shall be effective either upon personal
service or deposit in the U. S. Postal Service.
C. Employee Appeals from orders The employee
may appeal an order of dismissal, suspension or
demotion either to the Merit Board or through the
procedures of Section 24 m Grievance Procedure
of this MOU provided that such appeal is filed i
writing with the Director of Human Resources
within tern ( 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
Grievance Procedure of this loth
23.E Eml2loyee Representation, fights. The County
recognizes an employee's right to representation during
any disciplinary interview or meeting which may result in
discipline. The County will not interfere with the
representative's right to assist an employee to clarify the
facts during the interviews
CNA - 126 - 2002-200 o
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SECTION - GRIEVANCE PROCEDURE
CTI - GRIEVANCE PROCEDURE
24.1 Grievance Procedure. grievance is any
dispute which involves the Interpretation or application of
any provision of this MU 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 ,association may
represent the employee at any stage of the process.
Grievances must be filed within thirty ( days of the
incident or occurrence about which the employee claims to
have a grievance and shall be processed in the following
manner.,
t Any employee or group of employees who
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment shall
discuss the complaint with the grievant' immediate
supervisor, who shall meet with the grievant within five
bays of receipt of a written request to hold such meeting.
t if a grievance is not satisfactorily resolved In Step
above, the grievant may submit the grievance in writing
within ten work days to such management official a
the Department Head may designate. This formal written
grievance shall state which provision of the MOU has been
misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the ri vant'
detriment, and the redress grievant seeks. A copy of each
written communication on a grievance shall be filed with
the roman Resources Director. The Department Head or
CNA - 127 - 2002-2005 MOU
SECTION 2 _ GRIEVANCE PROCEDURE
his or her designee shall have ten ( g) work days in which
to respond to the grievance in writing.
ate if a grievance is not satisfactorily resolved in Step
2 above, the grievant may appeal in writing within ten ( )
work days to the Human Resources Director. The Human
Resources Director or his or her designee shell have
twenty 2 ) work days in which to investigate the merit of
the complaint and to meet with the Department Head and
the grievant and attempt to settle the grievance and
respond in writing.
ate 4
No grievance may be processed under this
Section which has not first been filed and investigated in
accordance with Step 3 above and filed within ten ( g)
work days of the written response of the Human
Resources Director or designees if the parties are unable
to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of thisOU,
such grievance shall be submitted in writing to an
Adjustment Board comprised of three 3) Association
representatives and three (3) representatives of the
County, no more than two (2) of whom shall be either an
employee of the County or a member of the staff of an
organization employed to represent the County in the
meeting and conferring process. The Adjustment Board
shall meet and render a decision within twenty (20) work
days of receipt of the written request and render a
decisions 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 ) work days or
CNA - 128 - 2002®2005 MOU
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2 - GRIEVANCE PROCEDURE
the grievance will move to arbitration upon demand. This
step of the grievance procedure may be waived by the
written mutual agreement of the parties.
Step 5 If an ,Adjustment Board is unable to arrive at
majority decision, either the grievant or the County, may
require that the grievance be referred to an impartial
arbitrator who shall be designated by mutual agreement
between the grievant and the Human Resources Director.
Such request shall be submitted within twenty 2 work
days of the rendering f the Adjustment Board decision.
Within twenty g days of the request for arbitration the
parties shall mutually select ars arbitrator who shah reader
a decision within thirty work days from the date of final
submission f the grievance including receipt of the court
reporter's transcript and post-hearing briefs, if any. The
fees and expenses of the arbitrator and of the Court
Reporter shall be shared equally by the grievant and the
County. Each party, however, shall bear the costs of its
own presentation, including preparation and post hearing
briefs: if any.
24.2 Sco ent Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators
n matters properly before therm shall be final and
binding on the parties hereto, to the extent
permitted by law.
CNA - 129 - 2002-2005 MOU
SECTION 2 - GRIEVANCE PROCEDURE
Y No Adjustment Board and no arbitrator shall
entertain, hear, decide or make
recommendations on any dispute unless such
dispute involves a position in a unit represented
by the Association which has been certified as
the recognized employee organization for such
unit and unless such dispute falls within the
definition of a grievance as set forth in
Subsection 24.1 above.
C. Proposals to add to or change this MOU or to
change written agreements supplementary hereto
shall not be arbitrable and no proposal to modify,
amend, or terminate this MOM, nor any ratter or
subject arising out of or in connection with such
proposals, may be referred to arbitration under
this Section. Neither any Adjustment Board nor
any arbitrator shall have the power to amend or
modify this MOU or written agreements
supplementary hereto or to establish any new
terms or conditions of employment.
D. if the Duman Resources Director in pursuance of
the procedures outlined in Step 3 above, or the
Adjustment ent Board in pursuance of the provisions
of Step 4 above resolve a grievance which
involves suspension or discharge, they may
agree to payment for lost time or to reinstatement
with or without payment for lost time.
No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
CNA - 130 - 2002-2005MOU
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SECTION 24 ® GRIEVANCE PROCEDURE
Boards or arbitration proceedings hereunder) will
be recognized unless agreed to by the County
and the Union or Association.
24.3 The time limits specified above may be waived by
mutual agreement of the parties to the grievance= If the
County fails to meet the time limits specified in Steps
through 3 above, the grievance will automatically move to
the next step. If an employee fails to meet the time limits
specified in Steps 'I through 3 above, the grievance will b
deemed to have been settled and withdrawn.
24.4 An official, with whom a formal grievance is filed
by a grievant who is included in a unit represented by the
Association but is not represented by the Association in
the grievance, shall give the association a copy of the
formal presentation.
24.5PU
a all complaints
involving or concerning the payment f compensation shall
be initially filedin writing with the Human Resources
Director. Only complaints which allege that employees are
not being compensated in accordance with the provisions
f this MOU shall be considered as grievances. .any other
matters of compensation are to be resolved in the meeting
and conferring process, if not detailed in the MOU which
results from such meeting and conferring process shall b
deemed withdrawn until the mating and conferring
process is next opened for such discussion. No
adjustment shall be retroactive for more than six )
months from the date upon which the complaint plain was filed.
No charge in this MOU or interpretations thereof (except
CNA - 131 - 2002-2005 MOU
TION 2 - GRIEVANCE PROCEDURE
Interpretations resulting from dj stment Board or
arbitration proceedings hereunder) will be recognized
unless agreed to by the County and the ,association,
24.6 During the term of this MOU, the Association, its
members and representatives, agree that it and they will
not engage in, authorize, sanction, or support any strike,
slowdown, stoppage of work, sic o t, or refusal to perform
customary duties.
In the case of a legally declared lawful strike against a.
private or public sector employer which has been
sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of
physical harm .shall not be required to cross the picket line;
provided the employee advises his or her supervisor as
soon as possible, and provided further that an employee
may be required to cross a picket line where the
performance of his or her duties is of an emergency nature
and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
2 .7 MeiBoard.
A. All grievances of employees in representation
units represented by the association shall be
processed under Section 24 unless the employee
elects to apply to the Merit Board on matters
within its jurisdiction.
, No action under Step 3, 4, and 5 of Subsection
2 .1 above shall be taken if action on the
CNA - 132 - 2402-200 MOU
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SECTION 2 - BILINGUAL PAY
rpm or grievance has been taken by the
Merit Board, or if the complaint or grievance is
pending before the Merit Board.
24.8 The Association may file a grievance at Step 3 on
behalf of affected employees when action by the County
Administrator or the Board of Supervisors violates
provision of this MOU.
SECTION 25 - BILINGUAL PAY
salary differential of seventy dollars g per month
shall be paid incumbents of positions requiring bilingual
proficiency as designated by the appointing authority and
Human Resources Director. Said differential shall be paid
to eligible employees in paid status for any portion of
given month. Designation of positions for which bilingual
proficiency is required the sole prerogative of the
County. Effective October 1 � 2000, the differential shall be
increased to a total of seventy five dollars per month.
Effective tiv October 1 , 2001 , the differential shall be
increased to a total of eighty dollars per month.
SECTION _- RETIREMENT
26.1 Contribution. Pursuant to Government Code
Section 31581 .1 , the County will continue to pay fifty
percent % f the retirement r tri tion normally
required of employees. Such payments shall continue for
the duration of this MU, and shall terminate thereafter.
CNA - 133 - 2002-2005 MOU
SUE.CTION 26 - RETIREMENT
Employees shall be responsible for payment of the
employees' contribution for the retirement cost of living
program as determined by the Board of Retirement of the
Contra Costa County Employees' Retirement Association
without the County paying any part of the employee's
share. The County will pay the remaining orae-half ( /2) of
the retirement cost-of-living program contribution.
26.2 Tier 111111. Subject to the enactment of enabling
legislation amending the 1937 Employees' Retirement Act
to allow such election, the County will permit certain Tier 11
employees to elect a Tier Ill Retirement Plan under the
following conditions:
a The County and the Labor Coalition must agree
on the wording of the legislation and both parties
rust support the legislation.
2. Except for disability, all benefit rights, eligibility for
and amounts of all other benefit entitlements for
Tier Ills from and after the date of implementation,
entation,
shall be the same as Tier 19 The disability benefits
for Tier Ill shall be the same as the current Tier II
disability provisions.
R The amount of the employee's required
retirement contribution shall be established by the
County employees' Retirement Association and
shall be based on the employee's age at entry
into the retirement system.
CNA - 134 - 2002®2005 MOU
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SECTION 26 - RETIREMENT
s Employees represented by the Labor Coalition
and its member employee organizations (herein
referred t 'Labor Coalition') enrolled in Tier 11
who have attained five years of retirement
credited service as of the effective date of the
enabling legislation shall have a six month
period after such date to make a one time
irrevocable election of the Tier 111 Retirement Plan
expressed herein subject to action by the Board
of Supervisors to implement the Plan. Thereafter,
employees represented by the Labor Coalition
enrolled in Tier ll who have attained five years
of retirement credited service shall have a ninety
day period to make a one time irrevocable
election of the `bier 111 Retirement Plan expressed
herein.
5. as The rays employer contributions and
subvention of employee contributions for
Labor Coalition employees electing Tier ill
which exceed those which would be required
for Fier ll membership shall:
I s be funded by reducing the general
wage increase agreed upon to b
effective ctiv October I Y 1997, and the pay
equity amounts attributable thereto, by a
percentage sufficient to reduce the
County's wage obligation by three )
m'Ilion dollars per year; and the general
wage increase of all employees
CNA - 135 - 2042-2005 MOU
11 26 - RETIREMENT
represented by the Labor Coalition shall
be reduced accordingly; and
2. in the event the County's costs
attributable to the creation and operation
of Tier III exceed 3 million per year or
the County Employees' Retirement
Association's actuaries determine in
future years that the County's retirement
costs have increased and that the
increase is attributable to the creation of
Tier III and/or the impact of Tier III on
the County's retirement costs, such
increase shall be funded by reducing the
general wage increase(s) agreed upon
in future years, and the pay equity
amounts attributable thereto, to the
extent that future mage increases are
granted; and the general wage
increase(s) of all employees
represented by the Labor Coalition shall
be reduced accordingly; and
36 in the event the County's costs
attributable to the `bier 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 flat month of the
CNA - 136 - 2002-2405 MOU
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SECTION 2 - RETIREMENT
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 111
shall be used to offset future County
retirement cost increases attributable to
the creation and operation of Tier III;
and
s County savings shall be held in ars
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 lli Retirement
Plan, and d the ending account
balance,
bs Any increased costs to the County, due to
Tier III participation by employees not
represented by the Labor Coalition, shall not
be funded by reduction of general wage
increases otherwise due to the employees
represented by the Labor Coalition
co Subject to the provisions expressed above,
any and all additional employer and County-
CNA - 137 - 2002-2005 MOU
TION 2 - RETIREMENT
paid employee contributions which exceed
the sum of the County's legally required
contributions under Tier 11 shall be recovered
y reducing general wage increases to the
employes represented by the Labor
Coalition.
ds Any disputes regarding cost or savings shall
be subject to binding arbitration upon
demand of the Labor Coalition or the County.
9 as The enabling legislation shall provide that the
`ler III Retirement Plan may be implemented
only by an ordinance enacted by the Board
of Supervisors}
bm Board of Supervisors' action to implement
the Tier Ill Retirement Plan shall be taker
not earlier than sever 7) months after the
effective date of the legislation plus thirty
days after an actuarial report on the
County cost of the Plan is received by the
County, provided that before enactment of
the ordinance, the Labor Coalition has not
notified the County in writing that a one
percent (1 %) wage increase shall be
implemented y the County effective October
1 $ 1997, without interest, in lieu of
implementation of the Mier III Retirement
Plan.
CNA - 138 - 200262045 MOU
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SECTION 26 - RETIREMENT
e The establishment of the Tier III RetirementPlan
pursuant to the teras of this Memorandum of
Understanding shall be subject to approval by the
Board of Retirementthe Contra Costa County
Employees' Retirement Association.
s In the evert the County is prevented from
implementing the Tier Retirement Plan for ars
reason on or before the termination date of this
MU, the agreement of the parties regarding
Tier III Retirement Plea shall expire and a one
percent % lump sum wage increase shall be
implemented the County within sixty days
after the determination that °filer 111 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 January 1 $ 2005$ Tier 2 of the retirement plan for
employees represented by the California Nurses
Association shall be eliminated and all employees in Tier
f the retirement plan shall be placed in `bier 3.
Effective January 1 , 2005, employees represented by the
California Nurses .Association in Tier 2 with tern r
more years of County/District service, will be eligible t
participate in the County's buy back programs Employees
may replace `bier 2 benefits with Tier 3 benefits as follows:
CNS - 139 - 2002-2005 MOU
SECTION 27- TRAINING WING 1 ` U ` T
s Employee buys back two (2) years, County will buy back
one year for a total of three ) years of buyback.
2. Employee buys back four years, County will buy back
two 2 years for a total of six years of buyback.
. Employee buys back six ) years, County will buy back
three years for a total of nine ( years of buyback.
CTS 27 - TRAINING REIMBURSEMENT
27.1 The County Administrative Bulletin on Trainingshall
govern reimbursernent for training and shall limit
reimbursement for career development training to six
hundred fifty dollars ($650) per year. Reimbursement
under the above limits for the costs of books for career
development training shall be allowable.
Continuing education shall continue to. be administered
under the Administrative inistrative Bulletin on Training and of the
$650 per year, $250 may be applied to continuing
education courses. Training reimbursement applicable to
continuing education (i.e. $250) may be carried over into
the next fiscal year. The maximum reimbursement
available in any fiscal year may not exceed twice what may
be accrued in any one fiscal year.
27.2 The Health Services Department will provide
Advanced Cardiac Life Support certification and re-
certification classes to those employees who are required
CNA - 140 - -2005 MOU
SECTION - ED UCA TION LEA VE
to be certified at a cost of no more than twenty-five dollars
($25.00) to the employee.
SECTION 28 - EDUCATION LEAVE
Each regular full-time employee in the classification of
Registered aurae with one r more years of permanent
service shall be entitled to forty hours leave with pay
each year to attend Board of Registered nurses approved
continuing education courses, workshops, or classes.
Employees in the classification of Family Nurse
Practitioner with one or more years of permanent
anent
County service shall be entitled to sixty-four (64) hours
leave with pay each year to attend BRN or CME approved
continuing education courses, institutions, workshops or
classes. Written requests for such leavemust be
submitted in advance and may be denied only in the event
such leave interferes with staffing.
Registered nurses and Family Nurse Practitioners may
carry over continuing education leave at the rate of forty
hours and sixteen ( hours respectively for a
maximum total of eighty hours per year. Such carry-
over will be granted without restriction. Family nurse
Practitioners may carry-over additional continuing
education leave subject to approval.
The leave herein above defined shall not apply to those
courses or programs the employee is required by the
County to attend.
CNA - 141 - 2002-2005 MOU
Registered burse assigned to the night shift, who
attends a continuing education course Of eight ( hours
duration Outside scheduled work time, may receive
educational leave pay for the actual course time and may
be excused from the night shift immediately preceding Or
following the course attended.
When an employee covered by this agreement separates
from County service, any unused educational leave shall
be canceled. Permanent part-tire registered nurses shall
be entitled to educational leave On a pro-rated basis.
An employee who attends e pre-approved course On
date for which he/she is not regularly .scheduled to work Or
who completes a pre-approved home study course will be
granted CE time Off for the number Of hours equivalent to
the CE units earned. Only Board Of Registered purses and
Continuing Medical Education approved courses will be
approved. Such time Off rust be scheduled in advance by
mutual agreement between the employee and the
supervisor.
SECTION 29 - CLASSIFICATION
Existing classes Of positions may be abolished ®r changed
and new classes may be added to the classification plan
by the Human Resources Director subject to approval by
the Board of Supervisors. The County will meet and confer
with the Association on the minimum qualifications and
salary Of new classes.
CNA - 142 - 2002®2005 MOU
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SECTION 30 - SAFETY
If the County wishes to add duties to classes represented
by the Association, the Association shall be notified and
upon request of the Association, representatives of the
County will meet and consult with the Association over
such duties.
SECTION 30 - SAFETY
The County shall expend every effort to see to it that the
work performed under the terms and conditions of this
M U is performed with a maximum degree of safety
consistent with the requirement t conduct efficient
operations.
SECTION 31 - MILEAGE
The mileage allowancefor use of personal vehicles on
County business shah be paid according to the rates
allowed b the Internal Revenue Service and shah b
adjusted to reflect changes in this rate on the date it
becomes effective or the first of the month following
announcement of the changed rate by the internal
Revenue Service, whichever is later,
SECTION 32 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has ars error
in the amount of compensation to be receivedand if this
error occurred as a result of a mistake by the ,auditor®
CNS. - 143 - 2002-2005 MC U
SEC110N 33 - DETENTION FACILITY DIFFERENTIAL
Controller's Office, it is the policy of theAuditor-
Controller's Office that the error will be corrected and
new warrant issued within forty-eight ) hours, exclusive
of Saturdays, Sundays and holidays from the time the
Department is made aware of and verifies that the pay
warrant is in errors
Pay errors discovered by the County found in employee
pay shall be corrected as soon as possible as to current
pay rate but that no recovery of either over payments or
under payments to an employee shall be made
retroactively except for the six ) month period
immediately preceding discovery of the pay error, This
provision shall apply regardless of whether the error was
made by the employee, the appointing authority or
designee, the Human Resources Director or designee, or
theAuditor-Controller or designee. Discovery of
fraudulently accrued over or under payments are excluded
from this section for both parties.
ECT - DETENTION FACILITY DIFFERENTIAL
Employees who work in the County Detention Facility
(including Marsh Creek, West County, ByronsBoy's
Ranch, the Martinez Detention Facility and Juvenile Hall)
shall receive a differential per hour worked at a premium of
five percent %) of the hourly equivalent of the base rate.
Effective the fiat of the month following the month in which
this MOU is adopted by the Board of Supervisors, a five
percent %) detention differential will be added to the
CNA - 144 - 2002-200 U
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SECTION 3 - JOINT A SSOCI I I GEMENT MEETING
current five percent % detention differential', for a total
of a ten percent % detention differ nti l.
SECTION 34 - JOINT ASSOCIATION/MANAG EM ENT
MEETING
A. There shall be Joint Association-Management
Meeting every other month unless mutually
waived or unless mutually agreed to meet more
frequently. Release time or appropriate overtire
r paid straight time will he provided for three )
Association representatives; the Chief Nurse
Representative, the Outpatient Nurse
Representative and the FNP Curse
Representative, or their designees. Management
may also have three representatives; the
Director of hospital Nursing,ing, the director of
Ambulatory Care Cursing and the Health
Services Department Personnel Officer, or their
designees. Beth parties may agenda iters in
advance of the meeting and management ment shall
provide reasonable information which is not
confidential nor legally protected with a minimum
of two weeps advance notice. Other people
may he invited to attend such meetings i
mutually agreed upon in advance, Among issues
for discussion shall he items related t
communication and trust.
CNA - 145 - 2402-2005 MOU
SECTION 3 - PROFESSIONAL PERFORMANCE COMMITTEES
B. Upon request of the Association, the County
agrees to schedule meetings similar in concept
for the Public health Division.
SECTION 3 - PROFESSIONAL PERFORMANCE
COMMITTEES
35.1 There shall be a single health Services
Registered Nurse professional Performance Committee
which shall consist of two ( ) subcommittees; one (1 ) for
inpatient Registered purses and one ( ) for outpatient
Registered Nurses.
TheCommittee(s) may consider and discuss issues and
subject ratters of their own selection which are related to
patient care and nursing practice. TheCommittee(s) may
also formulate advisory recommendations and proposals
concerning such matters. TheCommittee(s) shell not
discuss economic matters, such as wages, hours and
other economic conditions which may be subject to meet
and confer.
35.2 The Inpatient Subcommittee may schedule one
( ) regular meeting each month during working hours
which shall be scheduled to conflict as little as possible
with nursing services. The County will release from duty no
more than three (3) registered Nurses assigned to the
day shift, two ( ) registered Nurses assigned to the
evening shift and one ( ) registered Nurse assigned to
the graveyard shift for a period not to exceed two ( ) hours
for attendance at such a meeting,
CNA - 146 - 2002-2005 MOU
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LSEC
TION - PROFESSIONAL PERFORMANCE COMMITTEES
The Outpatient Subcommittee may schedule one
regular meeting each month during working hours,
provided that such meetings shall be scheduled to conflict
as little as possible with the clinic schedule and shall b
mutually agreeable to the County. The County ' ill release
from duty no more than three 3 nurses for a period not to
exceed two ( hours, including travel time.
The Committee may decide to meet jointly In lieu of
separate meetings if particular , issues or subjects call for
joint inpatient and outpatient consideration.
35.3 TheCommittee(s) shall maintain written minutes
and shall provide copies to the Director of hospital Nursing
Services and Director of ambulatory Care Nursing and
shall maintain copies in various locations for perusal by
Registered Nurses,
35.4 Employees who are not employed at the Health
Services Department may submit verbal or written
advisory recommendations nd proposals for improving
patient care to a designated representative of the
Department Head, and timely response will be provided.
35.5 There shall be a separate Professional
Performance ommitte for the Family Nurse
Practitioners. The Committee may consider and discuss
issues and subject ratters of their own selection which are
related to patient care and nursing practice. The
Committee may also formulate advisory recommendations
and proposals concerning such matters. The 'Committee
shall not discuss economic matters, such as wages, hours
CNS. - 147 - 2002-2005 MO
SECTION 3 - NOTICE OF HIRES AND SEPARATIONS
and other economic conditions which may be subject to
meet and confer=
The Committee may schedule one regular meeting each
month during working hours which shall be scheduled to
conflict as little as possible with clinic schedules or
operational needs. The County will release from duty no
more than three (3) Family Nurses Practitioners for a
period net to exceed two (2) hours, including travel time,
for attendance at such a meetings
The Committee shall maintain written minutes and shall
provide copies t® the designated supervisor(s) of the
Family Nurse Practitioners in the hospital and Clinic and
Public health Divisions and shall maintain copies in
various locations for perusal by the Family Nurse
Practitioners.
CTI 3 - NOTICE OF HIRES AND SEPARATIONS
The County agrees to periodically rail to California parses
Association the name, classification, and date of hire or
termination of employees in classifications represented by
California Nurses associations
SECTION3 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for
personnel to fill a position in a class for which no
reemployment or employment list is available, or in a class
CNA - 148 - 2002®2005MOU
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SECTION 37 - PROWSIONAL APPOINTMENT
for which no eligible or insufficient eligibles to complete the
certification will accept appointment to the position, the
Human Resources Director may authorize the appointing
authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the
class specifications, provided that the names of eligibles
available and the names of persons who have indicated
the intention to take the next examination for the class
shall be referred to the appointing authority at the time
authorization is issued® in no case shah a permanent
anent
position be fined by a provisional appointment for a period
exceeding six calendar months except under the
following conditions.
as if an examination has been announced for the
class and recruitment of applicants is in process,
the Human Resources Director may authorize a
continuation of provisional appointments until an
eligible list is established,
h. In case of a provisional appointment to a
permanent position vacated by a leave of
absence, such provisional appointment may he
continued for the duration of said leaves
provisional appointment shall be terminated
within thirty days after the date of certification
f eligibles from ars appropriate eligible lists
All decisions of the Human Resources Director
relative to provisional appointments are final and
not subject to the grievance procedure.
CNA - 149 - 2002-2005 MOU
SECTION 38 - PERSONNEL FILES
SECTION 38 - NEL FILA
An employeeand/or the employee's union representative,
shall have the right to inspect and review the employee's
departmental personnel file upon request at reasonable
times and for reasonable periods during the regular
business hours of 8:00 a.m. to 5:00 parr. Documentation in
the personnel file relating to the investigation of a possible
criminal l offenses and such information or letters of
reference shall be specifically excluded from such
inspection and review. The employees union
representative, with written authorization by the employee,
shall also have the right to inspect and review any official
records(s) described above.
ECT FOR MEAL
EXPENSES
Employees shah be reimbursed for meal expenses under
the following circumstances and in the amount specified:
a. When the employee is required by the
department head to attend a meeting concerning
County business or County affairs.
bn When the employee is required to be out of the
regular or normal work area during a meal hour
because of a particular work assignment.
CNA - 150 - 2002-2005MOU
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SECTION 40 a COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
C. When the employee is required to stay over t
attend consecutive or continuing afternoon and
right sessions of a board or commission.
a When the employee is required to incur expenses
as host for official guests of the County, work as
members of mining boards, official visitors,
and speakers or honored guests at banquets or
other official functions.
s When the employee is required to work three )
or more hours of overtime; in this case the
employee may be reimbursed in accordance with
the Administrative Bulletin on Expense
Reimbursement.
burs ent.
Meal costs will be reimbursed only when eaten away from
home or away from the facility in the case of employees at
twenty-four hour institutions. Procedures and
definitions relative to reimbursement for meal expenses
shall be in accordance with the Administrative Bulletin on
Expense Reimbursement.
SECTION 40 - COMPENSATION
DAMAGE TO PERSONAL PROPERTY
The loss or damage to personal property of employees is
subject to reimbursement under the following conditions:
itions:
CNA _ 151 - 2002-2005 MOU
, C I 40 - COMPENSATION FOR LOSS OR DAMAGE T
PERSONAL PROPERTY
as The loss or damage rust result from ars event
which is not normally encountered or anticipated
on the job and which is net subject to the control
of the employee.
bs Ordinary wear and tear of personal property used
on the job is net compensated.
CQ Employee tools or equipment provided without
the express approval of the department head and
automobiles are excluded from reimbursement.
da The less or damage rust have occurred in the
line of duty=
ea The less or damage was not a result of
negligence or lack of proper care by the
employee.
f. The personal property was necessarily worn or
carried by the employee in order to adequately
fulfill the duties and requirements of the job.
ga The less or damage to employees' eyeglasses,
dentures or ether prosthetic devices did not occur
simultaneously with a job connected injury
covered by Workers' Compensation.
h. The amount of reimbursement shall be limited to
the actual cost to repair damages.
Reimbursement for iters damaged beyond repair
CNA - 152 - 2002-2005 MOU
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SECTION 40 - COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
shall be limited to the actual value of the item at
the time of loss or damage but not more than the
original cost.
i. The burden of proof of loss rests with the
employee.
a Claims for reimbursement rust be processed i
accordance with the Administrative Bulletin on
Compensation for Loss or Damage to Personal
Property.
SECTION 41 - SERVICE AWARDS
The County shall continue its present policy with respect t
service awards including time ; provided, however, that
the type of award given shall be at the sole discretion of
the County.
The following procedures shall apply with respect t
service awards:
a. Presentation Before the Board of Supr is rs, An
employee with twenty r more years of
service may go before the Board of Supervisors
to receive his/her Service Award. When
requested by a department, the Human
Resources Department will make arrangements
for the presentation ceremony before the Board o
CNA - 153 - 2002-2605 MOU
CT ION 42 - UNFAIR LABOR PRACTICE
Supervisors and notify the department as to the
time and date of the Board meeting.
bs Service_ ,sward Daoffs Employees with fifteen
( 5) or more years of service are entitled to take
day off with pay at each five 5) years
anniversary.
SECTION4.2 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair
labor practice as defined in Board of Supervisor's
Resolution No. 81/1165 against the other. allegations of
an unfair labor practice, if not resolved in discussions
between the parties within thirty ( 0) work days from the
date of receipt, may be herd and decided by a mutually
agreed upon impartial third party.
CTI _ LENGTH OF SERVICEI IT _r
.arnica awards and vacation aco l i
The length of service credits of each employee of the
County shall date from the beginning of the last period of
continuous County employment (including temporary,
provisional, and permanent status, and absences on
approved leave of absence), When an employee
separates from a permanent position in good standing and
within two (2) years is re-employed in a permanent County
position, or is re-employed in a permanent County position
from a layoff list within the period of layoff eligibility,
CNA - 154 - 2002-2005 MO
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SECTION 44 - PERMANENT PART-TIME EMPLOYEE BENEFITS
service credits shall include all credits accumulated at time
f separation, but shall not include the period of
separations The Human Resources Director shall
determine these ratters based on the employee status
records in his department.
SECTION 44 - PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-tire employees receive prorated vacation
and sick leave benefits. They are eligible for health, dental
and life insurance benefits at the same rate as for full time
employees providing they work at least forty percent %
f full time (i.e. 16/40). if the employee works at least fifty
percent % of full time, County retirement participation
is also included.
SECTION 45 PERMANENT-INTERMITTENT
EMPLOYEE FIT
Perm anent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
Each person appointed to a permanent-intermittent
Registered Nurse position shall be given an information
sheet which lists the terms and conditions of employment
and employee benefits,
CNA _ 155 - 2002-2005 MOU
SECTION 46 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH
PLAN
SECTION 46 P ERMAN ENT-11 NTERM ITTENT
HEALTHEMPLOYEES
46.1 A permanent-intermittent employee may
participate in the County Group Health Plans of medical,
dental and life insurance coverage wholly at the
employee's expense. The County will not contribute to the
employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately
and punctually. Failure to meet the premium deadline will
mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
46.2 Effective one hundred and twenty 2 days
after all Coalition Employee Organizations have signed
their respective letters of Understanding, the following
benefit program shall be offered to permanent-intermittent
ittent
employees.-
a.
mployees;a4 Program. The County shall offer CCHP Plan -2
at the subvention rate of sixty-four percent (64%
of the cost 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 (3) continuous
months of service at an average of fifty percent
(50%) time per months In order to maintain
eligibility, a permanent-intermittent employee
CNA - 156 - 2002-2005 MOU
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TION - PERMANENT-INTERMITTENT EMPLOYEES HEA LTH
PLAN
must remain in paid status during each
successive month.
Cb Pre-Pay. Employees who have achieved eligibility
under the teras of 46.2b will pre-pay the
employee's portion of the premium cost so that
the effective date of enrollment begins effective
the first of the month of eligibility. Employees
must continue to pre-pay their portion of the
health insurance premium in order to continue
benefits. In addition, employees who asst the
eligibility requirements arid who have been
voluntarily paying for a county group health
program shall be allowed to enroll in CCHP Plea
-2 without a waiting period
da Family CoygLage. 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. mentation. There shall be a sixty day
Open Enrollment period with the initial date of
coverage effective August 1 , 2000. Subsequent
Open Enrollment periods shall be for thirty )
days and coincide with the open enrollment
period for County employees beginning in 2001
Permanent-intermittent employees who are not
currently eligible, but who subsequently meet the
eligibility requirements, shall be notified of their
CNA - 157 - 2002-2005 MOU
SECTION 47 - PROVISIONAL EMPLOYEE BENEFITS
eligibility and shall have thirty ( days to decide
whether or not to elect coverage under this
program
fa Employees who are temporarily ineligible may
purchase, at their own cost, the plea in
accordance with the procedures set forth by the
Contra Costa County health Plan.
Nothing in Section 46.2 shall prevent an employee from
electing health coverage under either Section 46.1 or
Section 46.2
SECTION 7 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees who are not permanent employees
f the County immediately prig to their provisional
appointment, are eligible for vacation and sick leave
benefits.
provisional employee may participate in the County
Group health Plans of medical, dental and life insurance
coverage wholly at the employee's expense. The County
will not contribute to the employee's monthly premium, The
employee will be responsible for paying the monthly
premium appropriately and punctually. Failure to meet the
premium deadline will moan automatic and immediate
withdrawal from the County Group health Plea and
reinstatement may only be effectuated during the annual
open enrollment period.
CNA - 158 - 2002-2005 MOU
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°IO - LUNCH PERIODIREST BREAK
SECTION 48 - LUNCH PERIOD/REST BREAK
Hospital Nurses scheduled to work a fur( shift eight
hours within a spread of eight and one-half Y hours
shah receive not less than one half ( / hour for lunch. If
such nurse is required to work during all or any portion of
the lurch period, such time worked shall be paid at the
rate of time and orae-half Y), provided the nurse actually
works a furl shift.
Nurses with ore-half 1/ hour lunch at the hospital shall
receive priority service over non-employees in the hospital
cafeteria.
`here is no change in shift hours for nurses employed at
Juvenile Hall or the Detention Facility; those remaining r
straight eight hour shift are always in a pay status
and on duty during lurch and are not permitted to leave
the facility without the consent f their supervisory
Nurses are entitled to a tern minute rest break during
each four hour working period, and said restbreak may
be taker at any time during the four hour period. In no
evert shall there be more than two rest breaks during
one shift. Nurses shall coordinate rest breaks with the
Nursing Program Manager, or designee it accordance
with patient care needs.
CNA _ 159 - 2002-2005 M u
SECTION 49 - FAMILY NURSE PRACTITIONERS
SECTION9 - FAMILY NURSE PRACTITIONERS
49.1 Administrative Time.
A. All Family Nurse Practitioners ( lis) in the
Hospital & Clinics Division will be granted
administrative time as part of the regular
schedule. Administrative time will be prorated for
part-tine FNPs as follows.-
Total Position Hours/Week Average Admin ours/Week
32-40 4
24-31
20-23 2
<20 0
Twenty percent %) ®f the administrative time
per tern ( ) week cycle for each FNP will b "at
risk" to fill in primarily for FNPs for scheduled
and/or unscheduled absencesand/or for any
absences for urgent care, small clinics with two
( or fewer providers, the detention facilities or
other clinics at the discretion of the appointing
authority or designee, The "at risk` time will be so
designated on the schedule.
In the Public health Division, FNPs will b
granted administrative time on a pro rata basis
and will be expected to continue to corer for FNP
absences as needed.
B. The regular schedule for each FNP may include
one four ) hour evening clinic per week and one
CNA - 160 - 2002-2005 MOU
SECT`/ - FAMILY NURSE PRACTITIONERS
weekend ignment every eight ( weeks,
consisting of four ( to eight ) hours. FNPs with
twenty ( ) years of service shall not be required
to work weekend shifts, but may volunteer to d
so. However, in the evert there are insufficient
FNP staff to cover weekend assignments, the
provisions outlined above regarding one weekend
assignments in eight weeks' may be
temporarily waived.
In lieu of overtime and shift differential, any hours
worked in hospital and Clinic Division
assignments it excess of eight hours per day
r forty hours per week will be 'paid at the
straight-time overtime rate (1 .05). All evening and
weekend assignments in the Hospital and Clinics
Division will be paid an additional ten dollars
per hour.
FNPs assigned to work on a holiday will not be
paid the ter dollars ( per hour
evening/weekend differential, but instead receive
time and one-half holiday pay$
49.2 Meeto An FNP who attends a Medical Staff
meeting before 8900 r after =g l � on a
day for which he/she is otherwise scheduled t
work, will be compensated at the appropriate rate
of pays The division head for raid-level
practitioners will be compensated for attending
noon meetings of the Medical Executive
Committee. FNPs will be compensated for
CNA - 161 - 2002-2005 MOU
SECTION 49 - FAMILY NURSE CTITIONERS
attendance at other noon meetings only if
attendance Is mandated y the appointing
authority or designees
49.3 Staff Development Time. Family burse
Practitioners in the Hospital, Health Centers
Division and Detention Centers, who are regularly
scheduled to work sixteen ( hours per week or
more of Family Practice Clinics and/or Detention
Clinics shall be eligible for staff development
time. The nature of the staff development time
shall be decided by the appropriate Department
Head and could include such responsibilities as
specialty clinic assignments, or activities which
contribute to patients' health, system efficiency or
quality cares Employees will be notified in writing
of the decisions regarding their proposals.
Employees may apply to use such time by
submitting their proposal describing the goals and
process of their work to the appointing authority
of designee for approval. ,approval of the use of
staff development time shall be a specific period
of time and may be discontinued at any time with
a written explanation, at the discretion of the
appointing authority or designee. Employees
involved in such work Shall be required to submit
periodic reports as determined by the appointing
authority or designee.
Full time employees will be reassigned four
hours per month from their schedule at the
discretion of the appointing authority or designee.
CNA - 162 - 2042-2005 MOU
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SECTION 50- HEALTH EXAMINATION
Those employees who are scheduled to work
less than full time may be assigned to these four
hours per month over and above their
regularly scheduled hours.
CTS - HEALTH EXAMINATION
Employees of the County who work in a health Services
Department facility will annually be required to complete
Health Questionnaire and take a Tuberculosis Skin Test.
In the event that an employee had a positive reaction to a
tuberculosis skin test, said employee will be requested t
show proof of having had two ( ) negative chest x-rays at
least one year apart.
Employees will also be requested to be screened for
Rubella immunity. if the result of the Rubella test i
negative, the appointing authority or designee will
recommend that the employee become immunized. if the
employee has direct patient contact and refuses t
become immunized, n attempt will be made to relocate
the employee to a nor -patient care area if possible.
SECTION - FLOATING COMMITTEE
Upon request of either party to this Agreement, the
Department and the Association shall appoint an equal
number of representatives who shall meet to discuss
practices and policies relating to Floating for Registered
Nurses.
CNA - 163 - 2042-2005 MOU
SECTION - LEAVE I L
SECTION 52 - LE"E DENIALS
Any properly submitted request for educational leave,
vacation leave, Or Other leave Of absence covered by this
MOU shall normally not be denied without written
explanations
SECTS - CODE 2000
tan percent (10%) base salary differential shall be paid
for those shifts On which employees in classifications
represented by CNA are specifically assigned by the
administration t0 respond t0 emergency Code 2000 calls.
five percent 5%) base pay salary differential shall be
paid for those Emergency Department RNs who qualify for
an Emergency Department differential, said five percent
5%) t0 be in addition t0 the Emergency Department
differential=
Assignment t0 the Code 2000 team is conditional On an
employee(s) having successfully completed required
training. Assignment t0 the Code 2000 tern will fiat be
based On volunteers, if there is not an adequate number Of
volunteers, assignment t0 the team will be made by
management, with n0 more than One 1 ) RN per hospital
unit being assigned at any given time. It is further
understood that the above-referenced salary differential is
based On an employee(s) actually being assigned t0 Code
2000 call
CNA - 164 - 2002-2006 MOU
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SECTION 5 - SPECIAL STUDIES
SECTION 54 - SPECIAL STUDIES
A. Grievance Procedure. Following completion of
these negoti
SE"C"TION 54 @ SPECIAL STUDIES
Nutrition/Weight Loss, Brown Bag Seminars,
Health Screenings and Health Fairs.
Format. A point value system for program
participation will be developed wherein each
wellness activity and program will be assigned
point value. Points will accumulate and incentive
prizes will be awarded to employees upon
realizing certain point levels. The value of the
prizes will increase with higher point values and
one ( ) grand prize will be awarded each year to
the employee with the highest number of points.
Incentives. A series of incentive prizes will be
assigned to certain point values. In addition,
recognition for employee and department
participation will be an important aspect of the
Wellness Incentive Programa
Referral. The parties agree to refer the contents
of this proposal to the wellness Committee for its
consideration.
C. Differentials. The County and the tabor
Coalition agree to establish eLabor/Management
Committee comprised of five (5) labor and five (5)
management employees to study and
recommend actions necessary to standardize
payment and application of differentials including,
but not limited to, pro-ration for less than full-tine
employees; the length of payment while on paid
CNS. - 166 - 2402-2005 MOU
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SECTIO, - ADOPTION
sick leave or disability and consistency between
percent-based v = flat-prat differentials.
SECTION 55 - ADOPTION
The provisions of this MOU shall be made applicable
the dates indicated and upon approval by the Board of
Supervisors. Resolutions and Ordinances, where
necessary, shah be prepared and adopted in order t
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 shah
become effective upon the first day of the month following
thirty days after such Ordinance is adopted'.
SECTION 56 - COPS OF AGREEMENT AND
SEPARABILITY OF PROVISION
56.1 Sco t. Except as otherwise
specifically provided herein, this M U fully and completely
incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the
parties in any and all matters subject to meet and confer.
Neither party shah, during the terra of this MOU demand
any change herein, provided that nothing herein snail
prohibit the parties from changing the terms of this MU
y mutual agreement.
.2 Sepa,,r,.a_ ,Jbi11ty 2f Provisions. Should any section,
clause or provision of this MOU be declared illegal,
CNA - 167 - 2002-2045 MOU
SECTION - SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISION
unlawful or unenforceable, by final judgment of a court of
competent urs ction, such invalidation of such sections
clause or provision shall not invalidate the remaining
portions hereof, and such remaining portions shah remain
in fin force and effect for the duration of this M .
56.3 Personnel Manaaament Requiations. Where
specific provision contained in a section of this MOU
conflicts with a specific provision contained in a section of
the Personnel Management Regulations, the provision of
this MOU shall prevail. Those provisions of the Personnel
Management Regulations within the scope of
representation which are not in conflict with the provisions
f this MOU and those provisions of the Personnel
Management Regulations which are not within the scope
f representation rid as such remain ire full force and
effect.
56.4 _oration of AgM2ment. This Agreement shall
continue in full farce and effect from October 1 , 2002, t
and including September 30, 2005. Said Agreement shall
automatically renew from year to year thereafter unless
either party gives written notice to the other prior to sixty
days from the aforesaid termination date of its
intention to amend, modify, or terminate the Agreement.
CNA - 168 - 2002-2005 MOU
SECT/ - SCOPE OF AGREEMENT AND SEPARABILITY
PROVISION
Date: {
FOR FOR CNA:
t ,
CNA - 169 - 2002-2005 MOU